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Case Name Alexander v. Rendell PB-PA-0007
Docket / Court 3:05-cv-00419 ( 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 November 4, 2005, a group of former residents of the Altoona Center, a former state-operated intermediate care facility for persons with mental disabilities filed a lawsuit against the Connonwealth of Pennsylvania under the Americans with Disabilities Act, the Rehabilitation Act, 42 U.S.C. § 198 ... read more >
On November 4, 2005, a group of former residents of the Altoona Center, a former state-operated intermediate care facility for persons with mental disabilities filed a lawsuit against the Connonwealth of Pennsylvania under the Americans with Disabilities Act, the Rehabilitation Act, 42 U.S.C. § 1983, and various Medicaid statutes in the U.S. District Court for the Western District of Pennsylvania. The plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, alleging that the defendants' decision to close the Altoona Center violated their rights under the above-mentioned statutes because no other institution or community-based care facility would be as integrated as the Altoona Center and placement of them into other places might result in abuse, neglect or death.

On January 23, 2006, in response to the plaintiffs' motion for preliminary injunction, the Court (Judge Robert Greene) adopted a protocol that would allow the defendants to close the Center and transfer the plaintiffs to other community-based care facilities.

On March 23, 2007, the Court (Judge Kim Gibson) denied the proposed intervenors' motion to intervene.

On January 12, 2009, the Court (Judge Gibson) granted the defendants' motion for summary judgment on the grounds that the cause of action here did not concern the practice of treatment and evaluation of the plaintiffs.

Kunyi Zhang - 03/23/2011


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Issues and Causes of Action
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Issues
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) Commonwealth of Pennsylvania
Plaintiff Description Former residents of the Altoona Center, a former state-operated intermediate care facility for the mentally disabled in Pennsylvania.
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought Yes
Class action status granted Unknown
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2009
Case Ongoing No
Docket(s)
3:05−cv−00419 (W.D. Pa.) 05/29/2009
PB-PA-0007-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 11/04/2005
PB-PA-0007-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order of Court (Motion to Intervene Denied) 03/23/2007 (246 F.R.D. 220) (W.D. Pa.)
PB-PA-0007-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order of Court 01/12/2009 (2009 WL 82227) (W.D. Pa.)
PB-PA-0007-0003.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Gibson, Kim R. (W.D. Pa.)
PB-PA-0007-0002 | PB-PA-0007-0003 | PB-PA-0007-9000
Monitors/Masters None on record
Plaintiff's Lawyers Gilhool, Thomas K. (Pennsylvania)
PB-PA-0007-9000
Greene, Robert L. (District of Columbia)
PB-PA-0007-0001 | PB-PA-0007-9000
Healey, Michael J. (Pennsylvania)
PB-PA-0007-9000
Defendant's Lawyers Ulan, Howard (Pennsylvania)
PB-PA-0007-9000
Other Lawyers None on record

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