Jackson by Jackson v. Fort Stanton Hosp. and Training School

• Decision Date: 18 May 1992
• Docket Number: No. 91-2027,91-2027
• Citation: 964 F.2d 980
• Parties: Walter Stephen JACKSON, by his parents and next friends, Walter and Helen Jackson, Steve Nunez, by his guardian and next friend, Mary Kathryn Reed, Ron Fuller, by his mother and next friend, Josephine Boughton, Mildred Tsosie, by her next friend, Polly Arango, Mary Katherine Nowak, by her next friend, James W. Ellis, Esq., Lillian Willmon, by her next friend, Arthur Grumblatt, Andra Martinez, by her next friend, Paula Duvall, Clinton and Shawn Heath, by their mother and next friend, Belva Heath, Richard Stanfield, by his father and next friend, The Reverend Clyde Stanfield, Joseph Gonzales, by his mother and next friend, Charlotte Gonzales, Sean McHenry, by his next friend, Robert Desiderio, Esq., Alfred Shirley, by his next friend, Frederick Hart, Esq., James Fritche, by his next friend, Sally Dehon, Betty Young, by her next friend, Mary Dudley, Ph.D., Roseann Crockett, by her next friend, Robert McNeill, Esq., Andre Armenta, by his mother and next friend Loretta Armenta, Kelli Van Curen, by her parents and next friends, Ted and Sallie Van Curen, Lacey Walker, by her mother and next friend, Sandra Walker, Kim Lautenschlager, by her mother and next friend, Dale Lautenschlager, and William Thomas, by his parents and next friends, James and Elizabeth Thomas, Virgil Addison, Roberto Atilano, Felicia Botello, Joseph Baca, Melinda Conway, Daniel Garcia, Viola Gurule, Thomas Harkins, Robert Hynes, Damon Keeswood, Sharon Koons, Garry Martinez, Jose Martinez, Robert McHenry, Marcelino Moya, Ted Nichols, Margaret Romero, Loriann Strickland, Beth Thomas, Albert Vasquez, Edwin Vasquez, Benito Arguello, Benjamin Romero, on behalf of themselves and all others similarly situated, and Supporters of Developmentally Disabled New Mexicans, Inc., on behalf of its members, Plaintiffs-Appellees, v. FORT STANTON HOSPITAL AND TRAINING SCHOOL, Los Lunas, Hospital and Training School, New Mexico Health and Environment Department, Larry Gordon, individually and in his official capacity as Se
• Court: U.S. Court of Appeals — Tenth Circuit

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964 F.2d 980

Walter Stephen JACKSON, by his parents and next friends Walter and Helen Jackson, Steve Nunez, by his guardian and next friend, Mary Kathryn Reed, Ron Fuller, by his mother and next friend, Josephine Boughton, Mildred Tsosie, by her next friend, Polly Arango, Mary Katherine Nowak, by her next friend, James W. Ellis, Esq., Lillian Willmon, by her next friend, Arthur Grumblatt, Andra Martinez, by her next friend, Paula Duvall, Clinton and Shawn Heath, by their mother and next friend, Belva Heath, Richard Stanfield, by his father and next friend, The Reverend Clyde Stanfield Joseph Gonzales, by his mother and next friend, Charlotte Gonzales, Sean McHenry, by his next friend, Robert Desiderio, Esq., Alfred Shirley, by his next friend Frederick Hart, Esq., James Fritche, by his next friend Sally Dehon, Betty Young, by her next friend, Mary Dudley Ph.D., Roseann Crockett, by her next friend, Robert McNeill Esq., Andre Armenta, by his mother and next friend Loretta Armenta, Kelli Van Curen, by her parents and next friends, Ted and Sallie Van Curen, Lacey Walker, by her mother and next friend, Sandra Walker, Kim Lautenschlager, by her mother and next friend, Dale Lautenschlager, and William Thomas, by his parents and next friends, James and Elizabeth Thomas, Virgil Addison, Roberto Atilano, Felicia Botello, Joseph Baca, Melinda Conway, Daniel Garcia, Viola Gurule, Thomas Harkins, Robert Hynes, Damon Keeswood, Sharon Koons, Garry Martinez, Jose Martinez, Robert McHenry, Marcelino Moya, Ted Nichols, Margaret Romero, Loriann Strickland, Beth Thomas, Albert Vasquez, Edwin Vasquez, Benito Arguello, Benjamin Romero, on behalf of themselves and all others similarly situated, and Supporters of Developmentally Disabled New Mexicans, Inc., on behalf of its members, Plaintiffs-Appellees, v. FORT STANTON HOSPITAL AND TRAINING SCHOOL, Los Lunas, Hospital and Training School, New Mexico Health and Environment Department, Larry Gordon, individually and in his official capacity as Secretary of the New Mexico Health and Environment Department, Carolyn Klintworth, individually and in her official capacity as Acting Administrator, Los Lunas Hospital and Training School, Ervin Aldaz, individually and in his official capacity as Administrator, Fort Stanton Hospital and Training School, New Mexico Human Services Department, Lou Gallegos, individually and in his official capacity as Secretary of the New Mexico Human Services Department, New Mexico Department of Education, New Mexico Board of Education, Catherine Smith, Lynn Medlin, Rudy Castellano, John W. Bassett, L. Grady Mayfield, Herman Wisenteiner, Maria Chavez, Melvin Martinez, David McMann, Millie Pogna, Gerald Thomas, Emmalou Rodriguez, J. James Sanchez, Virginia Trujillo and Gordon King, individually and in their official capacities as members of the New Mexico Board of Education, Alan Morgan, individually and in his official capacity as the New Mexico Superintendent of Public Instruction, Elie Gutierrez, individually and in his official capacity as Director of Special Education for the State of New Mexico, Los Lunas Public Schools, Los Lunas Board of Education, Richard Lovato, Dottie Silver, Ismael Gurule, Laurel C. Edenburn and Anthony Apodaca, individually and in their official capacities as members of the Los Lunas Board of Education, Capitan Public Schools, Capitan Board of Education, James McDaniel, Thomas Trost, Preston Stone, Hollis Fuchs and Kenneth Cox, individually and in their official capacities as members of the Capitan Board of Education, Defendants-Appellees, and John E. Young and Iris Young, legal guardians and parents of Rita Kay Young; Dora L. and Araristo Romero, legal guardians and parents of Roy Romero; Marion Livingston, legal guardian of Willie King; Albino V. Tarasci, legal guardian and parent of Benjamin Tarasci; Theresa M. Allen, legal guardian of Joann Iller; Carolyn A. Neeper, legal guardian and parent of Monte S. Neeper; Robert L. and Margaret L. Stryker, legal guardians and parents of Patricia K. Stryker; Madeline V. Martinez, legal guardian of Eduardo Valerio; Louisa Hensley, legal guardian and parent of Paul Ray Hensley, Jr.; Malone Peterson, legal guardian of Donald Eugene Peterson; Lavada Philpott, legal guardian and parent of Charles Gordon Philpott; Mary L. McIntyre, legal guardian and parent of Cliff L. Blackwell; William and Oneta Dye, legal guardians and parents of Rodney Dye; Glenda F. Miries, legal guardian of Sybil Jetton; Andrew E. and Marianne Martinez, parents of Andra Marie Martinez; Fidel Lopez and Grace Lopez, legal guardians and parents of Joann Therese Lopez; Victor Jiron, legal guardian and parent of Angeina Jiron; Willard C. and Ima Copper, legal guardians and parents of Calvin Ray Cooper; Manuela and Angel B. Alverado, legal guardians and parents of Theresa Alverado; Lisa Bonney, legal guardian and parent of Joseph A. Cordova; Christine Garcia, legal guardian and parent of Susan Garcia; Charlie T. and Juanita P. Jones, legal guardians and parents of Nada Ann Jones; Palmeria Vigil, legal guardian of Marie Pamela Vigil; George H. and Ruth Graham, legal guardians of Cynthia Gayle Graham; Marian F. Henricks, legal guardian of Glenn Henricks; Tiodora Madrid, parent of Raul Madrid; Herman L. Tapley, legal guardian of Benny Tapley; Juanita J. Montoya, legal guardian and parent of Diana K. Montoya; Mr. and Mrs. Tommy Trujillo, legal guardians of Linda Trujillo; Dolores L. Gonzales, legal guardian of Mary Lou Lucero; Theodore Jiron, brother of Darion Jiron; Robert and Maureen Dawney, parents of Christopher A. Downey; Mary M. Schneider, legal guardian of Bryan G. Schneider; Benito Pacheco, legal guardian of Richard Anthony Pacheco; Trancito J. Candelaria, legal guardian of Ramon Candelaria; Tomasista and Ramon Aragon, parents of Carmela Maldonado; Thomas J. Thompson, legal guardian of Fidel Thompson; Phillip N. Dodd and Judy E. Dodd, parents of Angela C. Dodd; Mary Ann Terrazas, parent, and Theresa Ann Gallegos, legal guardian, of Mark A. Terrazas; Kenneth A. Barnes, legal guardian of Kenneth J. Barnes; Frank C. and Delfa Matta, parents of Frank Matta, Jr.; Lupita S. Garcia, legal guardian of Norma Jean Garcia; Bernaidita Gutierrez, legal guardian and parent of Patsy Gutierrez; Dorothy Ohmart, legal guardian and parent of Victor Ohmart; Billie O'Bryan Finley, legal guardian of Alice Ruth O'Bryan; Rosa M. Lopez, parent of Rosa Delores Bernardo; Ethel L. Lowe and Clara Lindstrom, legal guardians of Dennis Ray Lowe; Henry and June L. Bryant, legal guardians and parents of Henry Lynn Bryant; Diega Olivarez, legal guardian of Louis Olivarez; William W. Hoffman, legal guardian of Ellen Kathryn Hoffman; Irene Senutovitch, legal guardian of Christine Senutovitch; Robert and Susan Horning, legal guardians of Lisa Horning; Ladonna Powell, legal guardian of April Powell; Patrick L. and Sarah F. Murphy, legal guardians of Daniel E. Murphy; Dora T. Sena, legal guardian of Antonia Sena; Thomas F. Sullivan, Jr., legal guardian of Sheila Mary Sullivan; Lupe Martinez, parent of Ignacita; Orcelia Romero, parent of Benjamin Chavez Romero; Al Farinelli, brother of Nick Farinelli; Mary R. Michiels, legal guardian of Camille Tena; Jack L. and Louise Kite, parents of Jackie Kite; Antonia Segura, parent of Ruby Martinez; Kenneth A. and Mildred L. Barnes, legal guardians of Joey Barnes; Sylvia and Kay Sensanbugher, legal guardians of Rex Sensanbaugher; Doris J. Harrison, legal guardian of Dale Harrison; Marianne K. Newton, legal guardian of David William Kern; Santiago and Annie Gutierrez, legal guardians of Jose S. Gutierrez; Floyd and Dorothy Hobbs, parents of Denise Hobbs; Manuel and Maria Longoria, parents of Maria deRosario and Cruz Alberto; Homer L. Hailey, parent and legal guardian of Charles Ray Hailey; Mary L. Russell, legal guardian of and parent of Neva Russell; Harry Thompson, Jr., legal guardian of Rodger Marc Thomason; Andreita Cordero, legal guardian of Maria R. Cordero; Cornelia A. Mendenhall, legal guardian of Barry Thomas Mendenahall; Allan K. and Ruby W. Buttke, parents of Linda Kay Buttke; Max W. and Mary Ann Sanchez, legal guardians and conservators of James Howard Sanchez; Jack and Mabel Sherwood, legal guardians and parents of Leroy Sherwood; Arlene E. Stanley, legal guardian and parent of Linda Jo Staley; Flora Sandoval, legal guardian and parent of Ralph Sandoval; Wilber F. Offtermatt, legal guardian of Edward G. Offtermatt; Cassius C. Martin, legal guardian of Sandra Sue Martin; David H. Nez, legal guardian of Barbara Nez; Wayne H. and Elizabeth L. Trump, legal guardians and parents of David Wayne Trump; Carmel Sanchez Norris, legal guardian and parent of Counsuelo C. Sanchez; Gilbert and Margaritta L. Aragon, legal guardians of John Schevei Kart; Patrick F. Jewell, legal guardian of Kathleen M. Jewell; Alice Coslin, legal guardian of JoAnn Roper; Nicholas and Juana Reyes, parents of Araceli Reyes; W.P. Shunkey, legal guardian of David L. Shunkey; Majorie Clingeupeil, legal guardian of Cynthia Ann Clingepeil; Dominga Martinez, legal guardian of Dora Ramirez; Thomas W. and Jane E. Newton, legal guardians of Henry S. Newton; James R. and Laverne Newcomer, parents of Lynette Newcomer; Raymond R. and Mayre Binyon, parents of Donna F. Binyon; Victor Jiron, legal guardian of Angelina Jiron; Josephine Rutar, legal guardian of Celeste Rutar; Paula M. Trujillo, legal guardian of Beverly Jean Heck; Dora L. Romero, legal guardian and parent of Ray Daniel Romero; Hoyt C. and Annise Mae Evans, parents of Sharon Kay Evans; Rosenda Bravo, legal guardian of Anthony Marquez; Joe L. and Lillian B. Lente, legal guardians and parents of Joanne Sue Lente; Andres and Valeria Salas, parents of Anthony Salas; Charles E. Woodhouse, legal guardian and parent of Ann Marie Woodhouse; Kenneth D. and Thelma E. Osborne, legal guardians and parents of Warren J. Osborne; Ola Mae Tidwell, legal guardian of Doyle Wayne Tidwell; Majorie...