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LAKEY v. TAYLOR EX REL. SHEARER

No. 03-07-00700-CV.

278 S.W.3d 6 (2008)

David L. LAKEY, M.D., in his Official Capacity as Commissioner of the Texas Department of State Health Services, Appellant, v. Floyd TAYLOR, by his next friend, Melissa SHEARER; Gabriela Hernandez, by her next friend, Melissa Shearer; Zachary Ridgeway, by his next friend, Martin J. Cirkiel; Stanley Jackson, by his next friend, Martin J. Cirkiel; Eric Hubert, by his next friend, Martin J. Cirkiel; Dennis Rainford, by his next friend, Melissa Shearer; Lidia Huerta, by her next friend, Martin J. Cirkiel; Calvin Bearden, by his next friend, Martin J. Cirkiel; Rosie King, by her next friend, Martin J. Cirkiel, and Advocacy, Incorporated, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled February 18, 2009.

Attorney(s) appearing for the Case

Kristofer S. Monson, Asst. Solicitor Gen., Office of the Atty. Gen., Austin, for Appellant.

Beth Mitchell, Advocacy, Incorporated, Austin, for Appellees.

Before Justices PATTERSON, WALDROP and HENSON.

OPINION

DIANE M. HENSON, Justice.

Advocacy, Incorporated and the individual appellees, persons with mental illness who have been found incompetent to stand trial, sought declaratory and injunctive relief against the Commissioner of the Texas Department of State Health Services, alleging that the Department's policy and practice regarding the provision of competency-restoration treatment to persons who have been found incompetent to stand trial is...

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