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Case Name Richard C. v. Snider PB-PA-0004
Docket / Court 2:89-cv-02038 ( W.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization NDRN/Protection & Advocacy Organizations
Case Summary
On September 29, 1989, a group of residents of Western Center, an intermediate care facility for persons with developmental disabilities, filed a lawsuit against the Commonwealth of Pennsylvania under 42 U.S.C. §§1396 et seq. and 1983 and 29 U.S.C. §794 in the U.S. District Court for the Western ... read more >
On September 29, 1989, a group of residents of Western Center, an intermediate care facility for persons with developmental disabilities, filed a lawsuit against the Commonwealth of Pennsylvania under 42 U.S.C. §§1396 et seq. and 1983 and 29 U.S.C. §794 in the U.S. District Court for the Western District of Pennsylvania. The plaintiffs, represented by public services counsel, asked the Court for declaratory and injunctive relief, alleging that defendants had failed to maintain and operate Western Center in accordance with applicable standards and to provide residents with appropriate care and treatment; failed to keep residents free from harm and undue restraints; and discriminated against residents on the basis of their disability.

On November 29, 1991, the Court granted Allegheny County's motion to intervene as a plaintiff on the ground that about 60% of Western Center residents resided in the County before being institutionalized.

On February 21, 1921, the Court granted the plaintiffs' motion for class certification.

On September 10, 1992, after lengthy negotiations, the original plaintiffs and defendants signed a Settlement Agreement. On February 3, 1993, defendants and Allegheny County signed the Settlement Agreement.

On October 7, 1992, the Court granted some institutions and natural persons to intervene as plaintiffs. The opposing intervenors, opposing the settlement, filed a Statement Concerning Class Certification/Decertification on February 3, 1993.

On June 22, 1993, the Court (Judge William L. Standish) confirmed its preliminary certification of the class and approved the settlement agreement.

Following settlement, Western Center residents falling within the certified class and their family members or legal guardians filed separate motions to intervene as of right. On September 29, 1999, the Court (Judge Standish) held that the Olmstead decision did not provide a basis for family members' intervention and that the residents' motion to intervene was untimely.

Kunyi Zhang - 03/04/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) Commonwealth of Pennsylvania
Plaintiff Description A group of residents in one state-operated psychiatric hospital.
Indexed Lawyer Organizations 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 1993
Case Ongoing No
Docket(s)
2:89−cv−02038 (W.D. Pa.) 02/23/2000
PB-PA-0004-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order (Confirming Class Certification and Approving Settlement) 06/22/1993 (1993 WL 757634) (W.D. Pa.)
PB-PA-0004-0002.pdf | WESTLAW | Detail
Document Source: Westlaw
Memorandum (Motion to Intervene Denied) 09/29/1999 (196 F.R.D. 288) (W.D. Pa.)
PB-PA-0004-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Standish, William Lloyd (W.D. Pa.)
PB-PA-0004-0001 | PB-PA-0004-0002 | PB-PA-0004-9000
Monitors/Masters None on record
Plaintiff's Lawyers Dodaro, James J. (Pennsylvania)
PB-PA-0004-9000
Murphy, Mark J. (Pennsylvania)
PB-PA-0004-9000
Pawol, Timothy W. (Pennsylvania)
PB-PA-0004-9000
Shane, Ilene W. (Pennsylvania)
PB-PA-0004-9000
Silvestri, John M (Pennsylvania)
PB-PA-0004-9000
Defendant's Lawyers Elias, Paul J. (Pennsylvania)
PB-PA-0004-9000
Gesalman, R. Mark (Pennsylvania)
PB-PA-0004-9000
Halloran, Thomas F. (Pennsylvania)
PB-PA-0004-9000
Lucchino, Frank J. (Pennsylvania)
PB-PA-0004-9000
Manne, Jason W. (Pennsylvania)
PB-PA-0004-9000
Ulan, Howard (Pennsylvania)
PB-PA-0004-9000
Other Lawyers None on record

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