Court of Appeals for the Fourth Circuit May 2, 1990, No. 89-1006 (Thomas S. ex rel. Brooks v. Flaherty)

BUTZNER, Senior Circuit Judge.

This case is the class action phase of litigation about the constitutional rights of mentally retarded patients in public psychiatric hospitals in North Carolina. In Thomas S. v. Morrow, 781 F.2d 367 (4th Cir.1986) (Thomas II), this court affirmed the district court’s grant of summary judgment for the named plaintiff Thomas S.