RICCI v. PATRICK

Nos. 07-2522, 07-2523.

544 F.3d 8 (2008)

Robert Simpson RICCI, et al., Plaintiffs, Appellees, v. Deval L. PATRICK, in his capacity as Governor of the Commonwealth of Massachusetts, et al., Defendants, Appellants. Massachusetts Association for Retarded Citizens, Inc., a/k/a Arc/Massachusetts, Inc., et al., Plaintiffs, Appellants, Disability Law Center, Inc., Intervenor, Appellant, v. Deval L. Patrick, in his capacity as Governor of the Commonwealth of Massachusetts, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided October 1, 2008.


Attorney(s) appearing for the Case

Robert L. Quinan, Jr., Assistant Attorney General, with whom Marianne Meacham, Special Assistant Attorney General, and Martha Coakley, Attorney General, Commonwealth of Massachusetts, were on brief for appellants Deval L. Patrick, et al.

Steven J. Schwartz with whom Robert D. Fleischner, J. Paterson Rae, Center for Public Representation, Richard M. Glassman, Matthew Engel, and Disability Law Center were on brief for appellants Massachusetts Association for Retarded Citizens, Inc. and Disability Law Center.

Jeffrey S. Follett, Ramzi B. Ajami, Foley Hoag LLP, Judith A. Gran, and Public Interest Law Center of Philadelphia on brief for National Association of State Directors of Developmental Disabilities Services, amicus curiae.

Joshua S. Krumolz, Lawrence R. Kulig, Gillian Rattray, Edwin L. Hall, and Holland & Knight LLP on brief for Association of Developmental Disabilities Providers, et al., amici curiae.

Dana A. Curhan with whom Beryl W. Cohen was on brief for appellees Robert Simpson Ricci, et al.

Daniel J. Brown with whom Margaret M. Pinkham and Brown Rudnick Berlack Israels LLP were on brief for appellee Wrentham Association for Retarded Citizens, Inc.

Thomas J. Frain and C. Alex Hahn on brief for Massachusetts Coalition of Families and Advocates for the Retarded, Inc., et al., amici curiae.

Before LYNCH, Chief Judge, SELYA, Circuit Judge, and SCHWARZER, District Judge.


LYNCH, Chief Judge.

The Governor of Massachusetts and the state Department of Mental Retardation ("DMR") appeal from an order of a federal district court which both reopens a 1993 consent decree and then requires them to take certain steps as to the residents of the Fernald Developmental Center. Ricci v. Okin (Ricci IV), 499 F.Supp.2d 89 (D.Mass.2007). Appellants, whom we shall call the Commonwealth, deny that...

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