Legal Opinion
Marshall v. McMahon
California Court of Appeal
Decided August 25, 1993No. D015184PublishedCited by 16 opinions
1Opinion of the Court
Opinion
FROEHLICH, J.
Applicants and recipients (applicants) of “in-home supportive services” under Welfare and Institutions Code1 section 12300 et seq. challenge a Department of Social Services (Department) regulation limiting “protective supervision” to “non self-directing, confused, mentally impaired, or mentally ill persons.” (Manual of Policies and Procedures, § 30-757.171, hereafter MPP.) Protective supervision is described as monitoring a person’s behavior in order to safeguard that person against injury or death. The applicants filed this action for declaratory and injunctive relief and…
2Cases cited20 opinions
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Alexander v. ChoateSupreme Court of the United States · 1985
- D'AMICO v. Board of Medical ExaminersCalifornia Supreme Court · 1974
- Morris v. WilliamsCalifornia Supreme Court · 1967
- Purdy & Fitzpatrick v. State of CaliforniaCalifornia Supreme Court · 1969
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3Cited by16 opinions
- Tomlinson v. Qualcomm, Inc.California Court of Appeal · 2002
- Calderon v. AndersonCalifornia Court of Appeal · 1996
- California School Boards Ass'n v. State Board of EducationCalifornia Court of Appeal · 2010
- Norasingh v. LightbourneCalifornia Court of Appeal · 2014
- Sanchez v. BrookeCalifornia Court of Appeal · 2012
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