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Landmark Cases

Case Name: YOUNGBERG, Supt Pennhurst State School v.      Nicholas ROMEO by his mom

Date, Location, Cite: 1982 PA
457 US 307

Romeo was profoundly retard, couldn't talk, do basic self care; mom worried about injuries he got, sued on 8th Amendment & 14th Amendment; right to safe conditions, freedom from restraints, and to "habilitation." Trial Court said 8th Amendment was violated, appeals reversed, US Supreme Court agreed. Said "patients have a Constitutional Right to reasonably safe conditions, etc. -REASONABLE IS DEFINED BY QUALIFIED PROFESSIONAL - Court. must defer to Prof. Opinion; cf. Rennie v. Klein