INDIANA PROT. AND ADV. v. IND. FAMILY SOC. SERV.

No. 08-3183.

573 F.3d 548 (2009)

INDIANA PROTECTION AND ADVOCACY SERVICES, Plaintiff-Appellee, v. INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 28, 2009.


Attorney(s) appearing for the Case

Debra J. Dial (argued), Indiana Protection and Advocacy Group, Indianapolis, IN, for Plaintiff-Appellee.

Michael T. Schaefer (argued), Indianapolis, IN, for Defendants-Appellants.

Anisha S. Dasgupta, Dept. of Justice, Civ. Div. Appellate Staff, Washington, DC, U.S. Amicus Curiae.

Jonathan Lave, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Washington, DC, Nat. Disability Rights Network, Equip For Equality, Disability Rights Wisconsin, Inc., Amicus Curiae.

Before EASTERBROOK, Chief Judge, SYKES, Circuit Judge, and KENDALL, District Judge.


EASTERBROOK, Chief Judge.

Each state that accepts federal grants under the Developmental Disabilities Assistance and Bill of Rights Act must establish "a system to protect and advocate the rights of individuals with developmental disabilities." 42 U.S.C. § 15043. A second statute, the Protection and Advocacy for Individuals with Mental Illness Act, 42 U.S.C. §§ 10801-51 (PAIMI), provides extra funding for systems established under § 15043. A system...

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