JACKSON v. LOS LUNAS COMMUNITY PROGRAM

No. 16-2172.

880 F.3d 1176 (2018)

Walter Stephen JACKSON, by his parents and next friends, Walter and Helen Jackson; Steve Nunez, by his guardian and next friend, ARC of New Mexico; Mary Katherine Nowak, by her next friend, James W. Ellis, Esquire; Richard Stanfield, by his father and next friend, The Reverend Clyde Stanfield; Betty Young, by her next friend, Mary Dudley, Ph.D.; Kelly Van Curen, by her parents and next friends, Ted and Sallie Van Curen, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, and ARC of New Mexico; Ava Peets, Plaintiffs Intervenors-Appellees, v. LOS LUNAS COMMUNITY PROGRAM; New Mexico Department of Health; Lynn Gallagher, in her official capacity as Secretary of the New Mexico Department of Health; Jill Marshall, in her official capacity as Administrator for the Los Lunas Community Program; New Mexico Human Services Department; Brent Earnest, in his official capacity as Secretary of the New Mexico Human Services Department; New Mexico Public Education Department; Joe D. Cordova, in his official capacity as Director of the New Mexico Vocational Rehabilitation Division, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

FILED January 23, 2018.


Attorney(s) appearing for the Case

Jerry A. Walz ( James J. Grubel appeared with him on the briefs), Walz and Associates, P.C., Albuquerque, New Mexico, for Defendants-Appellants.

Steven J. Schwartz , Center for Public Representation, Northampton, Massachusetts ( Cathy Costanzo , Center for Public Representation, Northampton, Massachusetts; Peter Cubra , Albuquerque, New Mexico; Philip Davis , Albuquerque, New Mexico; Ann Sims , Los Lunas, New Mexico; Tim Gardner and Nancy Koenigsberg , Disability Rights New Mexico, Albuquerque, New Mexico, appeared with him on the briefs), for Plaintiffs-Appellees.

Before MATHESON, McKAY, and McHUGH, Circuit Judges.


This civil rights class action lawsuit was filed thirty years ago to challenge various aspects of the institutionalization of developmentally disabled individuals at two state-supported facilities in New Mexico. After a lengthy trial in 1990, the district court ruled that Defendants — the two institutions and the individuals...

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