Capitol People First v. Department of Developmental Services
We represented the California Association of State Hospital Parents Counsel for the Retarded (CASH/PCR) and the California Association for the Retarded, groups that represent parents of severely retarded children in California's Developmental Centers (DCs) and a number of individuals who live in these DCs. In 2002, Protection & Advocacy Inc. filed suit against the State, to move all developmentally disabled adults out of DCs and into community living situations. In general this is a fine objective; however, our clients felt the standard was being applied too broadly. Our clients' children are profoundly retarded and would face severe risk if they lived in the community rather than in the safety of DCs. Plaintiffs moved to certify the case as a class action. Farella intervened and filed a motion opposing class certification on the grounds that our clients were not adequately represented and did not share the same view point as the plaintiffs. In January 2006, the court granted Farella’s motion relying on our arguments to reach its conclusion. As a result of this victory, our clients nominated Farella for the California State Bar President's Pro Bono Service Award. (Pro bono)
