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Constitutional Law Keyed to Choper
Youngberg v. Romeo
Citation:
457 U.S. 307 (1982)Facts
Nicholas Romeo was a profoundly retarded 33-year-old man with an IQ between 8 and 10 and the mental capacity of an 18-month-old child. He could not talk and lacked basic self-care skills. After his father’s death in 1974, his mother was unable to care for him or control his violence and sought his admission to a state facility. Romeo was examined by medical professionals who certified his severe retardation and inability to care for himself, and he was subsequently committed to Pennhurst State School and Hospital under Pennsylvania law. At Pennhurst, Romeo suffered numerous injuries, both from his own violence and from other residents’ reactions to him. His mother filed a lawsuit against three administrators of the institution, alleging that they knew about Romeo’s injuries but failed to take appropriate preventive measures. The complaint also alleged that Romeo was being physically restrained for prolonged periods and that the defendants failed to provide appropriate treatment for his mental retardation. At trial, evidence showed that Romeo participated in some programs teaching basic self-care skills, but a comprehensive behavior-modification program designed for him was never implemented due to his mother’s objections.
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