University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Mumford v. Department of Public Welfare PB-PA-0009
Docket / Court 2:11-cv-03312-JHS ( 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
The plaintiffs in this case are three individuals with dual diagnoses of mental illness and intellectual disability. They receive services and support in order to remain in the community through Pennsylvania Medicaid's Consolidated Waiver program. After each plaintiff experienced a change in his/ ... read more >
The plaintiffs in this case are three individuals with dual diagnoses of mental illness and intellectual disability. They receive services and support in order to remain in the community through Pennsylvania Medicaid's Consolidated Waiver program. After each plaintiff experienced a change in his/her condition (i.e. a specific episode caused by mental illness that necessitated increased care), the plaintiffs were briefly institutionalized in psychiatric hospitals. The disruption in services created a range problems when the plaintiffs sought to resume waiver services. The level of care offered under the waiver was allegedly insufficient, which put the plaintiffs at risk of future institutionalization. In addition, the plaintiffs faced numerous administrative challenges in securing services. One of the plaintiffs could not be discharged from an institutionalization without a promise of more extensive services than could be put in place under the waiver.

The plaintiffs filed suit in the U.S. District Court for the Eastern District of Pennsylvania on May 20, 2011. The complaint alleged that the state placed the plaintiffs at risk of unnecessary institutionalization in violation of the ADA under the Supreme Court precedent Olmstead v. L.C. The complaint also alleged violations of Section 504 of the Rehabilitation Act of 1973 and that the insufficient waiver services amount to violations of the Medicaid Act.

Although the plaintiffs filed a motion for a temporary restraining order and preliminary injunction, the case was resolved before any decision was necessary. Two of the three plaintiffs were moved to community placements with sufficient support services, while the state had taken some steps to ensure that the third plaintiff would be moved in a timely fashion. Judge Joel H. Slomsky approved the parties' stipulation of dismissal and settlement on October 18, 2011.

Beth Kurtz - 01/05/2013


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Defendant-type
Jurisdiction-wide
Disability
disability, unspecified
Integrated setting
Least restrictive environment
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Deinstitutionalization/decarceration
Habilitation (training/treatment)
Individualized planning
Pattern or Practice
Payment for care
Placement in mental health facilities
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Wait lists
Plaintiff Type
Private Plaintiff
Causes of Action Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Pennsylvania Department of Public Welfare
Plaintiff Description Plaintiffs are three individuals with both intellectual disabilities and psychiatric disorders. They receive Medicaid services through the state's Consolidated Waiver program.
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Voluntary Dismissal
Order Duration not on record
Case Closing Year 2011
Case Ongoing No
Docket(s)
2:11-cv-03312 (E.D. Pa.) 02/09/2012
PB-PA-0009-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Amended Complaint 06/03/2011
PB-PA-0009-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction 06/09/2011
PB-PA-0009-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order for Preliminary Injunction 06/10/2011
PB-PA-0009-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement 10/18/2011
PB-PA-0009-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Slomsky, Joel Harvey (E.D. Pa.)
PB-PA-0009-0002 | PB-PA-0009-0006 | PB-PA-0009-9000
Monitors/Masters None on record
Plaintiff's Lawyers Meek, Robert W. (Pennsylvania)
PB-PA-0009-0001 | PB-PA-0009-0006 | PB-PA-0009-0008 | PB-PA-0009-9000
Murphy, Mark J. (Pennsylvania)
PB-PA-0009-0001 | PB-PA-0009-0008
Resnick, Robin (Pennsylvania)
PB-PA-0009-0001 | PB-PA-0009-0008
Defendant's Lawyers Kramer, Barry N. (Pennsylvania)
PB-PA-0009-0006 | PB-PA-0009-9000
Other Lawyers None on record

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