M.D. v. DEPARTMENT OF DEVELOPMENTAL SERVICES

No. 12-P-241.

83 Mass. App. Ct. 463 (2013)

M.D. v. DEPARTMENT OF DEVELOPMENTAL SERVICES & another.

Appeals Court of Massachusetts, Middlesex.

April 1, 2013.


Attorney(s) appearing for the Case

Stephen Michael Sheehy for the plaintiff.

Timothy J. Casey , Assistant Attorney General, for the defendants.

Present: BERRY, BROWN, & AGNES, JJ.


BROWN, J.

The Fernald Developmental Center (FDC) will be closing as an Intermediate Care Facility for Persons with Mental Retardation (ICF). This policy decision removing a group of intellectually disabled individuals from that facility is no longer subject to review by the Federal courts.4

Born in 1943, M.D. is moderately intellectually disabled and suffers from severe mental illness. She is one of the last fourteen

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