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THOMAS S. BY BROOKS v. MORROW

No. C-C-82-418-M.

601 F.Supp. 1055 (1984)

THOMAS S., by his next friend, Joyce BROOKS, Plaintiff, v. Sarah MORROW, Secretary, North Carolina Department of Human Resources; Allen Childress, in his official capacity as guardian for the plaintiff; Benjamin Carpenter, Director, Gaston County Department of Social Services; James Melton, Director, Gaston-Lincoln Area Mental Health Program; Harley B. Gaston, Jr., David Beam, David Hollifield, James Forrester, Dean Carpenter, Robert Heavner, and Porter McAteer, in their official capacity as Gaston County Commissioners, Defendants.

United States District Court, W.D. North Carolina, Charlotte Division.

September 18, 1984.

Attorney(s) appearing for the Case

Edward G. Connette, Charlotte, N.C., Roger Manus, Carolina Legal Assistance for Mental Health, Raleigh, N.C., and Theodore O. Fillette, Legal Services of Southern Piedmont, Inc., Charlotte, N.C., for plaintiff.

Wilson Hayman, Reginald L. Watkins, Asst. Atty. Gen., William F. O'Connell, Sp. Deputy Atty. Gen., Walter M. Smith, Associate Atty., North Carolina Dept. of Justice, Raleigh, N.C., Catherine C. Stevens, R.T. Wilder, Jr., Mullen, Holland & Cooper, Jeff Trepel, Gastonia, N.C., and Robert H. Gage, Cox & Gage, Morganton, N.C., for defendants.

ORDER

McMILLAN, District Judge.

I.

Paul Caldwell, next friend of plaintiff Thomas S., filed this suit on July 7, 1982, seeking declaratory and injunctive relief for Thomas S. under federal and state law. Paul Caldwell later became employed by defendants, and Joyce Brooks now serves as next friend.

Thomas S., a twenty-year-old Gaston County resident, has been diagnosed as suffering from, inter alia, schizophrenia and borderline mental...

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