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Case Name Frederick L. v. Dept. of Public Welfare PB-PA-0006
Docket / Court 2:00-cv-04510 ( E.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 5, 2000, a group of individuals with serious mental disabilities who were institutionalized as Norristown State Hospital ("NSH") filed suit against Pennsylvania Department of Public Welfare and Pennsylvania's Secretary of Public Welfare under the Americans with Disabilities Act, the ... read more >
On September 5, 2000, a group of individuals with serious mental disabilities who were institutionalized as Norristown State Hospital ("NSH") filed suit against Pennsylvania Department of Public Welfare and Pennsylvania's Secretary of Public Welfare under the Americans with Disabilities Act, the Rehabilitation Act of 1973 and 42 U.S.C. §1983 in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs, represented by public services counsel, asked the Court for declaratory and injunctive relief, alleging that because they were qualified and prepared for community-based services, their continued institutionalization violated the anti-discrimination and integration mandates of the ADA Act and the Rehabilitation Act.

On July 23, 2001, the Court (Judge Schiller) denied the defendants' motion to dismiss in part, allowing the plaintiffs to continue to pursue the Rehabilitation Act claims against both defendants, and the ADA and 1983 claims against the Secretary.

Following a three-day bench trial in May 2002, on September 5, 2002, the District Court (Judge Schiller) issued a memorandum opinion in favor of the defendants on the ground that the plaintiffs were not entitled to the requested relief because it would have required a fundamental alteration of the Commonwealth's programming and budgetary allocations.

The plaintiffs subsequently appealed. On April 13, 2004, the Third Circuit vacated the district court's judgment and remanded for further evaluation of the state's fundamental alteration defense.

On September 1, 2004, after reconsidering the defendants' defense, the district court (Judge Schiller) entered judgment in favor of defendants and closed the case. The Court found that the Commonwealth had in place a satisfactory "Olmstead Plan."

Kunyi Zhang - 03/12/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Plaintiff Type
Private Plaintiff
Causes of Action Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA
FEATHER O. HOUSTOUN IN HER OFFICIAL CAPACITY AS SECRETARY OF PUBLIC WELFARE FOR THE COMMONWEALTH OF PENNSYLVANIA
Plaintiff Description A group of individuals with serious mental illnesses who were residents of a state-run psychiatric hospital.
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought Yes
Class action status granted Yes
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2004
Case Ongoing No
Docket(s)
2:00−cv−04510 (E.D. Pa.) 09/26/2006
PB-PA-0006-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion and Order (Motion to Dismiss Granted in part) 07/23/2001 (157 F.Supp.2d 509) (E.D. Pa.)
PB-PA-0006-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum and Order (Judgment in Favor of Defendant in part) 09/05/2002 (217 F.Supp.2d 581) (E.D. Pa.)
PB-PA-0006-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
3rd Circuit Opinion 04/13/2004 (364 F.3d 487)
PB-PA-0006-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: U.S. Court of Appeals website
Memorandum and Order (Judgment in favor of Defendants) 09/01/2004 (2004 WL 1945565) (E.D. Pa.)
PB-PA-0006-0004.pdf | WESTLAW | Detail
Document Source: Westlaw
Judges Hart, Jacob P. (E.D. Pa.) [Magistrate]
PB-PA-0006-9000
Schiller, Berle M. (E.D. Pa.)
PB-PA-0006-0002 | PB-PA-0006-0003 | PB-PA-0006-0004 | PB-PA-0006-9000
Sloviter, Dolores Korman (Third Circuit)
PB-PA-0006-0001
Monitors/Masters None on record
Plaintiff's Lawyers Meek, Robert W. (Pennsylvania)
PB-PA-0006-9000
Murphy, Mark J. (Pennsylvania)
PB-PA-0006-9000
Defendant's Lawyers Tesoro, Claudia M (Pennsylvania)
PB-PA-0006-9000
Ulan, Howard (Pennsylvania)
PB-PA-0006-9000
Other Lawyers None on record

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