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KING BY KING v. SULLIVAN

C.A. No. 89-0366L.

776 F.Supp. 645 (1991)

Michael KING, by his guardian, Delores KING, Susan Roe, Mary Roe, Carolyn Romer, by her guardians, William and Ella Romer, individually, and on behalf of all others similarly situated; Parents and Friends for Alternate Living, Inc. ("Pal"); Autism Society of Rhode Island, Inc., Plaintiffs, v. Dawn SULLIVAN, Director of Rhode Island's Department of Human Services; Thomas Romeo, Director of Rhode Island's Department of Mental Health, Retardation and Hospitals; Robert L. Carl, Ph.D., Executive Director of the Division of Retardation and Developmental Disabilities, Department of Mental Health, Retardation and Hospitals, Defendants.

United States District Court, D. Rhode Island.

November 5, 1991.

Attorney(s) appearing for the Case

Barry Best, Providence, R.I., for plaintiffs.

Deborah Clarke, Dept. of Mental Health, Retardation and Hospitals, Ronald LeBel, Dept. of Human Services, Cranston, R.I., Terrence Tierney, Office of Atty. Gen., State of R.I., Providence, R.I., for defendants.

MEMORANDUM AND ORDER

LAGUEUX, District Judge.

I. INTRODUCTION

This matter is before the Court on the motion of the Plaintiff Class, under Fed. R.Civ.P. 56, for summary judgment. Plaintiff class consists of adult citizens of Rhode Island who seek placement in private intermediate care facilities for the mentally retarded ("ICF-MR"), residential facilities that provide 24-hour care and supervision to persons who can benefit from active treatment...

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