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FONNER v. FAIRFAX COUNTY, VA

Nos. 03-1068, 03-1408.

415 F.3d 325 (2005)

William FONNER; Samuel Durie, Plaintiffs-Appellants, v. FAIRFAX COUNTY, VIRGINIA; James Thur, Executive Director, FairfaxFalls Church Community Services Board; Mary W. Kudless, Deputy Director, FairfaxFalls Church Community Services Board; Alan Wooten, Acting Director, FairfaxFalls Church Community Services Board; Ellen Einstein, Acting Residential Services Director, Fairfax-Falls Church Community Services Board; Sylvia McGill, Residential Program Coordinator, Fairfax-Falls Church Community Services Board, Defendants-Appellees. William Fonner; Samuel Durie, Plaintiffs-Appellants, v. Fairfax County, Virginia; James Thur, Executive Director, FairfaxFalls Church Community Services Board; Mary W. Kudless, Deputy Director, FairfaxFalls Church Community Services Board; Alan Wooten, Acting Director, FairfaxFalls Church Community Services Board; Ellen Einstein, Acting Residential Services Director, Fairfax-Falls Church Community Services Board; Sylvia McGill, Residential Program Coordinator, Fairfax-Falls Church Community Services Board, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 14, 2005.

Attorney(s) appearing for the Case

ARGUED: Harvey Shepherd Williams, Harvey S. Williams Attorney, Washington, D.C., for Appellants. Ann Gouldin Killalea, Assistant County Attorney, Office of the County Attorney, Fairfax, VA, for Appellees. ON BRIEF: David P. Bobzien, County Attorney, Peter D. Andreoli, Jr., Deputy County Attorney, Office of the County Attorney, Fairfax, VA, for Appellees.

Before WIDENER, MICHAEL, and SHEDD, Circuit Judges.

Affirmed by published opinion. Judge WIDENER wrote the opinion, in which Judge MICHAEL and Judge SHEDD concurred.

WIDENER, Circuit Judge.

Plaintiffs Samuel Durie and William Fonner, both mentally retarded adult men, brought this action against Fairfax County, Virginia and five Fairfax County officials, alleging violations of their constitutional rights and the Americans with Disabilities Act, 42 U.S.C. § 12132 (1995). Plaintiffs' claims arose from the...

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