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Case Name Jimmie v. Department of Public Welfare PB-PA-0010
Docket / Court 3:09-cv-01112-CCC ( 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
Plaintiffs, individuals with developmental disabilities who are housed in state-run psychiatric institutions in Pennsylvania, filed this lawsuit claiming that Pennsylvania has failed to provide community-based treatment and habilitation services that would prevent them from being institutionalized. ... read more >
Plaintiffs, individuals with developmental disabilities who are housed in state-run psychiatric institutions in Pennsylvania, filed this lawsuit claiming that Pennsylvania has failed to provide community-based treatment and habilitation services that would prevent them from being institutionalized. Some of the Plaintiffs had diagnosed psychiatric disorders, while others were individuals with disabilities who claimed to be housed in psychiatric facilities even though they had no mental illness. Plaintiffs filed their complaint in the U.S. District Court for the Middle District of Pennsylvania on June 11, 2009, alleging that the PA Department of Public Welfare is in violation of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Due Process Clause of the 14th Amendment to the U.S. Constitution.

The Defendants filed a Motion to Dismiss on September 17, 2009. The court (Judge Thomas I. Vanaskie) denied this motion on November 19, 2009.

On July 30, 2010, the parties entered their consent agreement, which was approved by the court (Judge Christopher C. Conner) on September 2, 2010. The state agreed to assess each Plaintiff for his eligibility for Medicaid waiver services and develop individualized assessment plans. DPW agreed to establish a review committee to determine which institutionalized individuals are eligible for release into the community. Pennsylvania will provide additional funding for additional services both in institutions and in the community. There are also reporting requirements.

Beth Kurtz - 02/08/2013


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Constitutional Clause
Due Process
Content of Injunction
Discrimination Prohibition
Monitoring
Reporting
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
Placement in mental health facilities
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) Pennsylvania Department of Public Welfare
Plaintiff Description Plaintiffs are individuals with developmental disabilities who reside in state psychiatric hospitals.
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 2010 - 2016
Case Closing Year n/a
Case Ongoing Yes
Docket(s)
3:09-cv-1112 (M.D. Pa.) 12/02/2010
PB-PA-0010-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 06/11/2009
PB-PA-0010-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Unopposed Motion for Class Certification 09/02/2009
PB-PA-0010-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Brief in Support of Plaintiffs' Unopposed Motion for Class Certification 09/02/2009
PB-PA-0010-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 09/08/2009 (M.D. Pa.)
PB-PA-0010-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Motion to Dismiss 09/17/2009
PB-PA-0010-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 11/19/2009 (M.D. Pa.)
PB-PA-0010-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Unopposed Motion for Preliminary Approval of the Proposed Class Action Settlement Agreement and for Approval of Class Notice 07/30/2010
PB-PA-0010-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement 07/30/2010
PB-PA-0010-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 09/02/2010 (M.D. Pa.)
PB-PA-0010-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Unopposed Motion for Final Approval of the Proposed Class Action Settlement Agreement 11/09/2010
PB-PA-0010-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 12/01/2010 (2010 WL 4977331) (M.D. Pa.)
PB-PA-0010-0010.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Conner, Christopher C. (M.D. Pa.)
PB-PA-0010-0008 | PB-PA-0010-0010 | PB-PA-0010-9000
Vanaskie, Thomas Ignatius (M.D. Pa., Third Circuit)
PB-PA-0010-0004 | PB-PA-0010-0006
Monitors/Masters None on record
Plaintiff's Lawyers Horowitz, Carol (Pennsylvania)
PB-PA-0010-0001 | PB-PA-0010-0002 | PB-PA-0010-0003 | PB-PA-0010-0007 | PB-PA-0010-0009 | PB-PA-0010-0011 | PB-PA-0010-9000
Meek, Robert W. (Pennsylvania)
PB-PA-0010-0001 | PB-PA-0010-0002 | PB-PA-0010-0003 | PB-PA-0010-0007 | PB-PA-0010-0009 | PB-PA-0010-0011 | PB-PA-0010-9000
Murphy, Mark J. (Pennsylvania)
PB-PA-0010-0001 | PB-PA-0010-0002 | PB-PA-0010-0003 | PB-PA-0010-0007 | PB-PA-0010-0009 | PB-PA-0010-0011 | PB-PA-0010-9000
Resnick, Robin (Pennsylvania)
PB-PA-0010-0001 | PB-PA-0010-0002 | PB-PA-0010-0003 | PB-PA-0010-0007 | PB-PA-0010-0009 | PB-PA-0010-0011 | PB-PA-0010-9000
Warshaw, Allen C. (Pennsylvania)
PB-PA-0010-9000
Defendant's Lawyers Ulan, Howard (Pennsylvania)
PB-PA-0010-0005 | PB-PA-0010-9000
Other Lawyers None on record

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