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Thomas S., by His Next Friend, Joyce Brooks v. Sarah Morrow

601 F. Supp. 1055 (1984)

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Thomas S., by His Next Friend, Joyce Brooks v. Sarah Morrow

United States District Court for the Western District of North Carolina

601 F. Supp. 1055 (1984)

Facts

On July 7, 1982, Thomas S. (plaintiff), with the assistance of Joyce Brooks, filed for declaratory and injunctive relief against Sarah Morrow (defendant), secretary of the Department of Human Resources for North Carolina (the department), for failure to provide him with appropriate treatment. Thomas had been declared legally incompetent when he reached the age of majority, and due to his diagnosis of schizophrenia and developmental delays was institutionalized in the mental retardation unit at Broughton Hospital. Prior to this placement, Thomas had been repeatedly moved close to 40 times during his minority, because no treatment facilities were available. The recommended treatment for Thomas included permanent placement with functioning adults in a noninstitutionalized setting where he would be provided with educational and job training, as well as therapy. The parties came to an agreement for Thomas’s placement on May 26, 1983, and the court deferred ruling on motions for summary judgment. As of February 1, 1984, Thomas was no longer in the agreed-to community placement and had been moved to a detox facility, evidencing a lack of compliance with the agreement.

Rule of Law

Issue

Holding and Reasoning (McMillan, J.)

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