Benjamin B. and Dorina Micorescu - Page 17

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                  through the actions of a governmental agency                                          
                  responsible for adult foster care.                                                    
            Petitioners focus on the second sentence of the quoted language,                            
            specifically that part that says "through the actions of a                                  
            governmental agency responsible for adult foster care."                                     
            (Emphasis added.)  Because the second sentence does not say "by                             
            an agency of the State or political subdivision thereof",                                   
            petitioners conclude that "State action" includes their                                     
            situation, an indirect, contractual relationship with the State                             
            through the entity with which they contracted.                                              
                  Petitioners fail, however, to address the first sentence of                           
            the above excerpt that expresses the intent of Congress that                                
            section 131 apply only in the case of "adults who have been                                 
            placed in their care by an agency of the State or political                                 
            subdivision thereof specifically designated as responsible for                              
            such function."  (Emphasis added.)  What petitioners want is to                             
            interpret one sentence out of context.  But words and phrases                               
            must be interpreted in context.  Rules of statutory construction                            
            appropriate to interpreting the language at issue suggest that                              
            words are understood by the words associated with them and that a                           
            general term following specific terms takes its meaning from the                            
            kinds of things denoted by the specific terms.  Jarecki v. G.D.                             
            Searle & Co., 367 U.S. 303, 307 (1961); F.W. Fitch Co. v. United                            
            States, 323 U.S. 582, 585-586 (1945); United States v. Lacy, 119                            
            F.3d 742, 748 (9th Cir. 1997).                                                              




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