PROTECTION & ADVOCACY FOR PERSONS WITH DISABILITIES, STATE OF CT, Plaintiff-Appellee,
v.
MENTAL HEALTH & ADDICTION SERVICES, Thomas A. Kirk /o Comm, Defendant-Appellant,
Connecticut Hospital Association, Inc. and National Association of Protection and Advocacy Systems, Amicus Curiaes.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: February 28, 2006.
Decided: May 5, 2006.
Attorney(s) appearing for the Case
Rosemary M. McGovern, Assistant Attorney General (Richard Blumenthal, Attorney General of the State of Connecticut, Richard J. Lynch and Thomas J. Ring, Assistant Attorneys General, on the brief), Hartford, Connecticut, for Defendant-Appellant.
Nancy B. Alisberg, Managing Attorney, Office of Protection & Advocacy for Persons with Disabilities, Hartford, Connecticut, for Plaintiff-Appellee.
Jennifer A. Osowiecki, Cox & Osowiecki, LLC, Hartford, Connecticut, for Amicus Curiae Connecticut Hospital Association, Inc.
Kenneth Pasquale, Stroock & Stroock & Lavan LLP, New York, New York, for Amicus Curiae National Disability Rights Network, formerly known as National Association of Protection and Advocacy Systems.
Before: SOTOMAYOR and RAGGI, Circuit Judges, and CEDARBAUM, District Judge.
United States Court of Appeals, Second Circuit.
SOTOMAYOR, Circuit Judge.
This case raises the question whether the Protection and Advocacy for Individuals with Mental Illness Act ("PAIMI"),1 42 U.S.C. §§ 10801-10851 (2000), requires defendant-appellant the Connecticut Department of Mental Health and Addiction Services, through its commissioner, Thomas A. Kirk, ("the Department") to disclose peer review records to plaintiff-appellee the Connecticut Office of Protection and...
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