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VOSS v. ROLLAND

No. 08-1874.

592 F.3d 242 (2010)

Eric VOSS, Laura Thibault, Frederick Carter, Christopher Paleo, Angel Agosta, Kimberly Lawrence, Kelley Schnair, Robert Buckman, Nicole Keating, Musa Nurislam, Cheryl Courtney, Lennie LeBlanc, Laura Putterman, Pedro Cavallaro, David Braga, Amanda Watts, Erin Poulin, Sheri Belville, Alissa Cormier, Belen Garcia-Simmons, Jesse Stewart, Mark Chapman, Uchenna Obi, Stefanie Petrie, Linda Klaiber, Jeannette McGinnis, Laura Prouty, Jillian Hume, Andre Amato, Sharia Pitts, Peter Liddy, Joshua Greaney, Homer Swain, Andrew Patterson, Patrick Sheehan, Andrew Chan, Dylan Keene, Abraham Carro, William Campbell, Polo Dejesus, Emily Sam, Zachary Foster, Wendell Roque, Plaintiffs, Appellants, v. Loretta ROLLAND, Margaret Pinette, Terry Newton, Bruce Ames, Frederick Cooper, Leslie Francis, Timothy Raymond, Arc Massachusetts, and Stavros Center For Independent Living, Plaintiffs, Appellees, v. Deval Patrick, Jay Gonzalez, Judyann Bigby, Bruce M. Bullen, Elin M. Howe, Charles Carr, John Auerbach, and Teresa O'Hare, in their official capacities, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 19, 2010.

Attorney(s) appearing for the Case

Stephen M. Sheehy with whom Anthony S. Fiotto, Jr., Michelle R. Gonnam, Christiaan H. Highsmith, and Goodwin Proctor, LLP were on brief for plaintiffs-appellants.

Steven J. Schwartz with whom Cathy E. Costanzo, Center for Public Representation, Jeffrey S. Follett, Catherine H. Wicker, Foley Hoag LLP, Frank J. Laski, Mental Health Legal Advisors Committee, Matthew Engel, and Disability Law Center were on brief for plaintiffs-appellees.

Kenneth W. Salinger, Assistant Attorney General, with whom Martha Coakley, Attorney General, was on brief for defendants-appellees.

Before LYNCH, Chief Judge, SELYA and STAHL, Circuit Judges.

LYNCH, Chief Judge.

This appeal by a small number of the plaintiff class challenges the 2008 approval of an amended settlement agreement between the remaining plaintiff class members and the state in a longstanding class action. See Rolland v. Patrick (Rolland XI), 562 F.Supp.2d 176 (D.Mass.2008). The original suit, brought in 1998 by developmentally disabled nursing home residents on behalf of over 1000 class members...

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