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PEOPLE WITH DISABILITIES v. DDSN

No. 5383.

415 S.C. 526 (2016)

783 S.E.2d 835

PROTECTION AND ADVOCACY FOR THE PEOPLE WITH DISABILITIES, INC.; M.J.B. on behalf of and as next friend of J.B.; C.B.B. on behalf of and as guardian of P.B.; G.C. and L.C. on behalf of and as next friend of A.E.; J.H. on behalf of and as next friend of A.J.; G.M. on behalf of and as next friend of E.M.; N.M. on behalf of and as guardian of E.J.M.; R.P. on behalf of and as guardian of S.P.; R.R. and J.R. on behalf of and as guardians of K.D.R.; and J.K. on behalf of and as guardian of S.S.; Appellants, v. SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; Dr. Beverly Buscemi, in her official capacity as Director of the South Carolina Department of Disabilities and Special Needs; and Nancy Banor, Deborah McPherson, Christine Sharp, Rick Huntress, Fred Lynn, Harvey Shiver, and Kelly Hanson Floyd, as Commissioners of the South Carolina Department of Disabilities and Special Needs, Respondents.

Court of Appeals of South Carolina.

Decided February 24, 2016.

Rehearing Denied April 22, 2016.

Attorney(s) appearing for the Case

Steven W. Hamm and C. Jo Anne Wessinger Hill , both of Richardson Plowden & Robinson, PA, of Columbia, for appellants.

William H. Davidson, II and Kenneth P. Woodington , both of Davidson & Lindemann, PA, of Columbia, for respondents.

Protection and Advocacy for the People with Disabilities, Inc. (P & A), et al. (collectively, Appellants), appeal the circuit court's grant of summary judgment for the South Carolina Department of Disabilities and Special Needs (DDSN), et al. (collectively, Respondents), arguing the court erred in (1) finding Appellants did not have...

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