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Case Name Pennsylvania Protection and Advocacy, Inc. v. Pennsylvania Department of Public Welfare PB-PA-0005
Docket / Court 1:00-cv-01582 ( M.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 6, 2000, a nonprofit organization charged with protecting the rights of institutionalized Pennsylvanians filed a lawsuit against the Commonwealth of Pennsylvania under Title XIX of the Social Security Act, the Rehabilitation Act and Title II of the Americans with Disabilities Act in ... read more >
On September 6, 2000, a nonprofit organization charged with protecting the rights of institutionalized Pennsylvanians filed a lawsuit against the Commonwealth of Pennsylvania under Title XIX of the Social Security Act, the Rehabilitation Act and Title II of the Americans with Disabilities Act in the U.S. District Court for the Middle District of Pennsylvania. The plaintiff, represented by public services counsel, asked the Court for declaratory and injunctive relief, alleging that the defendants failed to comply with the integration mandates of those acts by not providing community-based living programs for the residents of South Mountain Restoration Center (SMRC), a state-run nursing facility.

In January and February 2002, the parties filed cross-motions for summary judgment. On January 15, 2003, the Court (Judge William W. Caldwell) issued a Memorandum and Order granting defendants' summary judgment and denying plaintiff the same. The Court held that granting the plaintiff relief would require a fundamental alteration of the state's programs, and thus it was shielded from liability by the "fundamental alteration" exception to the integration mandate described in Olmstead.

The plaintiff appealed, and on March 24, 2005, the Third Circuit (Judge Thomas Ambro) vacated the District Court's order and remanded the case.

On December 23, 2005, the parties reached a settlement agreement and moved the Court to place the case in civil suspense pending implementation of the Agreement.

On October 3, 2008, the case was dismissed pursuant to the parties' stipulation.

Kunyi Zhang - 03/05/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Plaintiff Type
Private Plaintiff
Causes of Action Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Commonwealth of Pennsylvania
Plaintiff Description A nonprofit Pennsylvania corporation designated by the state as the advocate and protector of the rights of individuals with disabilities.
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought No
Class action status granted No
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 2005
Case Ongoing No
Docket(s)
1:00−cv−01582 (M.D. Pa.) 05/26/2009
PB-PA-0005-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum (Summary Judgment in favor of Defendants on ADA, RA and Title XIX Claims) 01/15/2003 (243 F.Supp.2d 184) (M.D. Pa.)
PB-PA-0005-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
3rd Circuit Opinion 03/24/2005 (402 F.3d 374)
PB-PA-0005-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Stipulation 12/23/2005
PB-PA-0005-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Ambro, Thomas L. (Third Circuit)
PB-PA-0005-0003
Caldwell, William W. (M.D. Pa.)
PB-PA-0005-0001 | PB-PA-0005-9000
Monitors/Masters None on record
Plaintiff's Lawyers Horowitz, Carol (Pennsylvania)
PB-PA-0005-9000
Meek, Robert W. (Pennsylvania)
PB-PA-0005-0002 | PB-PA-0005-9000
Murphy, Mark J. (Pennsylvania)
PB-PA-0005-9000
Resnick, Robin (Pennsylvania)
PB-PA-0005-9000
Defendant's Lawyers Blazusiak, Thomas (Pennsylvania)
PB-PA-0005-9000
Forney, Susan J. (Pennsylvania)
PB-PA-0005-9000
Harvey, Michael L. (Pennsylvania)
PB-PA-0005-0002 | PB-PA-0005-9000
Kane, John A. (Pennsylvania)
PB-PA-0005-9000
Ulan, Howard (Pennsylvania)
PB-PA-0005-9000
Other Lawyers None on record

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