Grady ex rel. Grady v. Campbell

The plaintiffs, Patrick F. Grady, Melissa Silva and Andrew Pierre, bring this motion, through their guardians, seeking an injunction that would require the Department of Mental Retardation (DMR) to maintain their current residential placement and funding until DMR either obtains consent to a transfer or prevails at a transfer hearing. DMR opposes the motion arguing, primarily, that Grady is not entitled to a transfer hearing. For the following reasons the plaintiffs’ motion is allowed.

BACKGROUND

Grady is a twenty-five-year-old, severely mentally retarded man with a mental age of approximately…