University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Kathleen S. v. Dept of Public Welfare PB-PA-0003
Docket / Court 2:97-cv-06610 ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization Steve Gold
NDRN/Protection & Advocacy Organizations
Case Summary
On October 27, 1997, a group of individuals with mental illness who had been institutionalized at Haverford State Hospital ("HSH") filed a lawsuit against the state under the Americans with Disabilities Act ("ADA") in the U.S. District Court for the Eastern District of Pennsylvania. The ... read more >
On October 27, 1997, a group of individuals with mental illness who had been institutionalized at Haverford State Hospital ("HSH") filed a lawsuit against the state under the Americans with Disabilities Act ("ADA") in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs, represented by legal services, asked the Court for declaratory and injunctive relief, alleging that the defendants' announcement of their decision to close HSH by June 30, 1998 and to transfer certain residents to Norristown State Hospital, violated their rights under ADA. Specifically, the plaintiffs claimed that the state failed to provide the plaintiffs with services in the most integrated setting appropriate to their needs and that the state used methods of administration which had a discriminatory effect by continuing unnecessarily to institutionalize the plaintiffs who had been found eligible for community placement.

On February 25, 1998, the Court (Judge Raymond J. Broderick) certified a plaintiff class which included all persons institutionalized at HSH as of August 26, 1997. And on June 26, 1998, the Court subsequently divided the class into three subclasses.

The Court held a bench trial in May of 1998. On June 26, 1998, the Court (Judge Broderick) entered judgment in favor of all three subclasses.

On July 2, 1998, the defendants filed a Notice of Appeal to the Third Circuit. On July 30, 1998, the Court subsequently denied the defendants' motion for a stay pending appeal.

After hearing the parties' oral argument, in September 1999, the Third Circuit suggested to the parties that, in light of the Supreme Court's decision in Olmstead, the parties should attempt to resolve the matter before further disposition by the Third Circuit.

The parties subsequently entered into settlement discussions. On October 14, 1999, the parties executed a Settlement Agreement. On December 23, 1999, the Court (Judge Broderick) approved the Settlement Agreement.

Kunyi Zhang - 03/01/2011


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Issues and Causes of Action
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Issues
Plaintiff Type
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) Commonwealth of Pennsylvania
Plaintiff Description Five individuals with mental illness who were residents of a state-operated psychiatric hospital.
Indexed Lawyer Organizations Steve Gold
NDRN/Protection & Advocacy Organizations
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 1999
Case Ongoing No
Docket(s)
2:97−cv−06610 (E.D. Pa.) 01/07/2000
PB-PA-0003-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum (Motion for Class Certification Granted) 02/25/1998 (1998 WL 83973) (E.D. Pa.)
PB-PA-0003-0001.pdf | WESTLAW | Detail
Document Source: Non-PACER U.S. District Court Website
Judgment in favor of the Plaintiffs 06/26/1998 (10 F.Supp.2d 460) (E.D. Pa.)
PB-PA-0003-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Non-PACER U.S. District Court Website
Memorandum (Motion for Stay of Enforcement Denied) 07/30/1998 (10 F.Supp.2d 476) (E.D. Pa.)
PB-PA-0003-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum (Settlement Approved) 12/23/1999 (1999 WL 1257284) (E.D. Pa.)
PB-PA-0003-0004.pdf | WESTLAW | Detail
Document Source: Westlaw
Judges Broderick, Raymond Joseph (E.D. Pa.)
PB-PA-0003-0001 | PB-PA-0003-0002 | PB-PA-0003-0003 | PB-PA-0003-0004 | PB-PA-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Gold, Stephen F. (Pennsylvania)
PB-PA-0003-9000
McNichol, Paul D. (Pennsylvania)
PB-PA-0003-9000
Meek, Robert W. (Pennsylvania)
PB-PA-0003-9000
Murphy, Mark J. (Pennsylvania)
PB-PA-0003-9000
Spector, Jill M. (Pennsylvania)
PB-PA-0003-9000
Defendant's Lawyers Crowley, Francis X. (Pennsylvania)
PB-PA-0003-9000
Fellin, Daniel (Pennsylvania)
PB-PA-0003-9000
Kramer, Barry N. (Pennsylvania)
PB-PA-0003-9000
Other Lawyers None on record

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