MA to appeal judge’s decision to keep institution open
September 13th, 2007The state of Massachusetts is appealing a federal judge’s decision that halted the state’s plan to close a state institution for people with intellectual disabilities in Waltham. The state alleges that the decision unfairly intrudes on the state’s ability to decide how to best care for its mentally retarded residents.
Judge Joseph L. Tauro had ruled that there had been a “sytemic failure” by the state to consider the individual needs of the 180 residents of the Fernald Developmental Center.
Fernald had been among state facilities that were the subject of a landmark class-action lawsuit filed in 1972 over abuse of residents.


