Legal Opinion

Developmental Disabilities Advocacy Center, Inc. v. Melton

Court of Appeals for the First Circuit

Decided September 22, 1982No. Nos. 81-1727, 81-1755PublishedCited by 26 opinions

1Opinion of the Court

LEVIN H. CAMPBELL, Circuit Judge.

The Developmental Disabilities Advocacy Center1 (“DDAC”) and “next friend” Freda Smith (suing on behalf of three residents2 of New Hampshire’s Laconia State School and Training Center (“LSS”)) appeal from the district court’s dismissal of their suit brought pursuant to 42 U.S.C. § 1983. In the suit plaintiffs sought injunctive and declaratory relief to prevent LSS officials from curtailing visits between DDAC lawyers and mentally retarded residents living at LSS.3 After a day-long hearing on plaintiffs’ motion for preliminary injunction and defendants’ Rule…

2Cases cited15 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. Baker v. CarrSupreme Court of the United States · 1962
  4. Bell v. HoodSupreme Court of the United States · 1946
  5. Flast v. CohenSupreme Court of the United States · 1968

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3Cited by26 opinions

  1. United States v. 30.64 Acres of Land, More or Less, Situated in Klickitat County, State of Washington, and James StarrCourt of Appeals for the Ninth Circuit · 1986
  2. Donald Roy, of Waterville, Kennebec County, State of Maine v. The City of Augusta, MaineCourt of Appeals for the First Circuit · 1983
  3. T.W. And M.W., Minors, by Their Next Friend, Scott Enk v. Thomas BrophyCourt of Appeals for the Seventh Circuit · 1997
  4. Von Bulow by Auersperg v. Von BulowDistrict Court, S.D. New York · 1986
  5. Mississippi Protection & Advocacy System, Inc. v. Paul Cotten, Individually and in His Official Capacity, Etc.Court of Appeals for the Fifth Circuit · 1991

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