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October 15, 2007


Jeff Golin

We filed a petition on a handicapped rights case involving our daughter where we cited Winkelman for Justice Kennedy's reasoning to extend rights of parents of autistic adult children to sue state agencies civilly for civil rights, wrongful imprisonment and personal injuries on their behalf, based on similar language in the ADA. The whole thing made perfect sense if you followed the Kennedy decision in Winkelman. Our petition (Golin v. Allenby 06-1562) was denied certiorari a few months ago. Now we are wondering why Kennedy would have recused himself, too. He's our justice and gave us two extensions of time to file. I am wondering if they Justices are having second thoughts about how their decisions could open the floodgates to lawsuits. Does anyone know whether Kennedy has an autistic child in his family?

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