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United States Sixth Circuit


TENNESSEE PROT. AND ADVOCACY INC. v. WELLS, 02-6221

Developmental Disabilities Assistance and Bill of Rights Act's definition of developmental disability covers individuals with the kind of traumatic brain injury suffered by the plaintiff's client. Therefore, plaintiff has the right obtain client's records without permission of his court appointed conservator.

Appellate Information

  • Argued 03/09/2004
  • Decided 06/09/2004
  • Published 06/09/2004

Judges

  • Before: BOGGS, Chief Judge;  DAUGHTREY, Circuit Judge;  and ALDRICH, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellant:
  • Gary Housepian (argued and briefed), J. Page Garrett (briefed), Tennessee Protection & Advocacy, Inc., Nashville, TN, for Plaintiff-Appellant., Ronald L. Smith (briefed), Michael Kirkman (briefed), Ohio Legal Rights Service, Columbus, OH, for Amicus Curiae.

  • For Appellees:
  • Tyree B. Harris, IV (argued and briefed), Willis & Knight, Brigid M. Carpenter (argued and briefed), Baker, Donelson, Bearman, Caldwell & Berkowitz, Nashville, TN, for Defendant-Appellee.
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