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IOWA PROTECTION AND ADVOCACY SERVICES v. TANAGER, INC.

No. 04-4074.

427 F.3d 541 (2005)

IOWA PROTECTION AND ADVOCACY SERVICES, Plaintiff/Appellee, United States of America, Intervenor on Appeal, v. TANAGER, INC.; Tanager Place, Defendants/Appellants. Association of Protection & Advocacy Systems, Inc.; The American Association on Mental Retardation; The Arc of the United States; The Federation of Families for Children's Mental Health; The National Alliance for the Mentally Ill; The National Association of Councils on Developmental Disabilities; The National Mental Health Association, Amici on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 27, 2005.

Attorney(s) appearing for the Case

Robert R. Gasaway, argued, Washington, D.C. (Ashley C. Parrish, Amada C. Basta, and Vernon P. Squires, on the brief), for appellant.

Samuel R. Bagenstos, argued, St. Louis, Missouri (Sharon K. Malheiro, Heather L. Palmer, Ira A. Burnim, and Jennifer Mathis, on the brief), for appellee.

Alisa B. Klein, argued, Washington, D.C. (Alex M. Azar, II, Constance L. Foster, James Murphy, Stephanie Davis, Peter D. Keisler, Charles W. Larson, Sr., and Mark B. Stern, on the brief), for Intervenor United States.

Before LOKEN, Chief Judge, WOLLMAN, and BYE, Circuit Judges.

WOLLMAN, Circuit Judge.

Tanager Place, a private psychiatric facility, appeals from an order entered by the United States District Court for the Northern District of Iowa granting Iowa Protection and Advocacy Services, Inc. (IP & A) a permanent injunction that allows it to enter Tanager Place and to have reasonable access to the residents who live there. IP & A sought the injunction to investigate the disappearance...

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