Dempsey v. Ladd

840 F.2d 638 Thomas DEMPSEY, By and Through his guardian ad litem, Michael DEMPSEY, Plaintiff-Appellee, v. Richard LADD, in his official capacity, Leo Hegstrom, in his official capacity, the Oregon Senior Services Division, and the Oregon Department of Human Resources, Defendants-Appellants. Nos. 86-3921, 86-4091. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 8, 1987. Decided Sept. 30, 1987. As Amended March 9, 1988. Stephen L. Brischetto, Portland, Or., for plaintiff-appellee. Philip Schradle, Salem, Or., for defendants-appellants. Appeals from the United States District Court for the District of Oregon. Before GOODWIN and FERGUSON, Circuit Judges, and STEPHENS, * Senior District Judge. GOODWIN, Circuit Judge: 1 The State of Oregon appeals from a grant of declaratory and injunctive relief against the Department of Human Resources (DHR) and the Senior Services Division (SSD) ordering the initiation of service payments on behalf of Thomas Dempsey, a mentally handicapped individual residing in a residential care facility. The state also appeals the district court's award of attorneys' fees to counsel for Dempsey. We reverse both awards. 2 Dempsey receives…