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PORTER v. KNICKREHM

Nos. 05-2978, 05-2979.

457 F.3d 794 (2006)

Harve PORTER, by his next friend, Susan Pierce; Disability Rights Center, Inc., Plaintiffs-Appellants/Cross-Appellees, v. Kurt KNICKREHM, in his official capacity as Director of the Arkansas Department of Human Services; James C. Green, Dr., in his official capacity as Director of Developmental Disabilities Services Kay Barnes; Grover Milton Evans; Wesley Kluck; Randy Lann; Suzann McCommon; Thomas Dolislager; Luke Heffley, in their official capacities as members of the Board of Developmental Disabilities Services, Defendants-Appellees, Family and Friends of Care Facility Residents; Ellen Sue Gibson, Intervenors-Appellees/Cross-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: August 8, 2006.

Attorney(s) appearing for the Case

Dana K. McClain, argued, Little Rock, Arkansas (Janet C. Baker and Adam H. Butler, on the brief), for appellants/cross-appellees.

William F. Sherman, argued, Little Rock, Arkansas, for Gibson.

Breck C. Hopkins, argued, Little Rock, Arkansas (Mike Beebe, on the brief), for Green and Knickrehm.

Before MURPHY, MELLOY, and COLLOTON, Circuit Judges.

MELLOY, Circuit Judge.

This appeal stems from the admission of Harve Porter to one of six Arkansas human development centers ("HDCs"). Porter and the Disability Rights Center (collectively "Porter")1 appeal the judgment of the district court2 regarding their complaint under 42 U.S.C. § 1983 and the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Porter brought a complaint against...

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