High court to review mental health advocacy suit
Legal News Center
The Supreme Court says it will decide whether Virginia's advocate for the mentally ill can force state officials to provide records relating to deaths and injuries at state mental health facilities.
The justices agreed Monday to review a federal appeals court ruling dismissing the state advocate's lawsuit against Virginia's mental health commissioner and two other officials.
Backing the appeal, the Obama administration said the ruling by the 4th U.S. Circuit Court of Appeals in Richmond "threatens to undermine the enforcement of federal laws that Congress designed to protect especially vulnerable individuals from the abusive and neglectful practices that can result in injury and death."
The Virginia advocate's office, like those in the other 49 states, was created under two federal laws that give states federal money for monitoring the treatment of the mentally ill in state facilities. The first law grew out of public reports in the 1970s of crowded, filthy conditions and abusive treatment of mentally retarded children at the Willowbrook State School in New York.
The issue for the court is whether the Eleventh Amendment prohibits a state agency from going to federal court to sue officials of the same state. The state itself could not be sued in the same circumstances.
Related listings
-
Ex-NYC crane inspector gets 2-6 years for bribery
Legal News Center 06/17/2010The city's former chief crane inspector apologized at his sentencing Wednesday for taking bribes to fake inspection and licensing exam results and said other inspectors didn't deserve the notoriety he brought them.James Delayo was sentenced in Manhat...
-
Court bars stunt jumper from Empire State Building
Legal News Center 06/16/2010The TV daredevil who tried to parachute off the Empire State Building has been permanently banned from the New York City landmark. A Manhattan court ordered Jeb Corliss to stay away from the skyscraper. The ban was part of a ruling last week in a law...
-
Kagan confirmation would affect major tobacco case
Legal News Center 06/14/2010It's a simple matter of math: Elena Kagan's nomination to the Supreme Court has complicated the government's effort to force the tobacco industry to cough up nearly $300 billion.If confirmed by the Senate as a justice, Kagan would have to sit out hig...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.