University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name U.S. v. Pennsylvania ID-PA-0007
Docket / Court 93-CV-2094 ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Intellectual Disability (Facility)
Attorney Organization NDRN/Protection & Advocacy Organizations
Case Summary
On September 1986, the Civil Rights Division of the U.S. Department of Justice [DOJ] notified the Commonwealth of Pennsylvania [State], pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. §1997, that it was commencing an investigation into conditions at the Embreeville ... read more >
On September 1986, the Civil Rights Division of the U.S. Department of Justice [DOJ] notified the Commonwealth of Pennsylvania [State], pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. §1997, that it was commencing an investigation into conditions at the Embreeville Center in Coatesville, Pennsylvania. Embreeville was a State operated facility that provided care and treatment for mentally retarded and developmentally disabled residents.

The investigation included tours of the facility in December 1986, April 1987 and March 1989 with physicians and a psychologists. DOJ's experts also examined resident records, reviewed numerous documents, interviewed facility administrators and staff, and observed and spoke with residents. Following several years of investigation, the DOJ issued its findings letter on February 9, 1990. The DOJ advised the State that it found constitutional violations at the Embreeville Center in the areas of 1. Inadequate training programs; and 2. Inappropriate use of psychotropic medication and shortage of registered nurses. The findings letter outlined proposed remedies to correct those problems.

Negotiations followed between the DOJ and the State to arrive at agreed reforms at Embreeville. Negotiations broke down in November 1990 when the State indicated that it would not voluntarily enter into a consent decree.

The DOJ conducted another tour of the facility in April 1991 and reviewed additional documents to determine whether conditions at Embreeville had improved. The continued investigation revealed other areas of grave concern at Embreeville. One example the DOJ uncovered concerned the death of a resident who suffered from cardiac and respiratory arrest. DOJ experts found that there was a 13 minute delay from the time that a resident was noted to have suffered cardiac and respiratory arrest until the time that a doctor was notified. It took an additional 10 minutes for emergency medical personnel to arrive. Those delays resulted in the resident's death.

The DOJ issued a subsequent findings letter in November 1991, outlining additional and continuing constitutional violations, which included inadequate medical care and abuse and neglect of Embreeville residents. The DOJ again advised the State of its willingness to enter into a negotiated consent decree to remedy the violations at Embreeville without litigation.

As the State refused to negotiate a settlement of the case, on April 21, 1993, the DOJ filed a lawsuit pursuant to CRIPA in the United States District Court for the Eastern District of Pennsylvania, challenging the care, conditions of confinement and habilitation of residents of Embreeville Center. The suit was styled U.S. v. Pennsylvania, Civil Action No. 93-CV-2094.

On June 24, 1993, a group of Embreeville residents were granted leave by the District Court (Judge Clarence C. Newcomer) to intervene as a party plaintiff in the case.

Defendants moved to dismiss the case for failure to state a claim under CRIPA and failure of the DOJ to comply with CRIPA's pre-filling certification requirements. The District Court (Judge Newcomer) denied the motion. U.S. v. Pennsylvania, 832 F.Supp. 122 (E.D.Pa. 1993).

A similar lawsuit was filed on January 24, 1994 by individual plaintiffs, the Pennsylvania Protection Advocacy, Inc. and Arc-Pennsylvania in the United States District Court for the Eastern District of Pennsylvania, challenging conditions at the Embreeville Center. The suit was styled Nelson v. Martin, Civil Action No. 94-CV- 440. [ID-PA-4 of this collection].

On March 28, 1994, the District Court (Judge Newcomer) ordered that the Nelson case be consolidated with U.S. v. Pennsylvania. Case no. 94-CV- 440 was closed for statistical purposes.

The plaintiff class was certified by the District Court on April 26, 1994, with an amended order following on May 11, 1994. The parties proceeded with discovery and prepared the case for trial.

The District Court issued several pre-trial rulings, granting motions in limine filed by the DOJ. On first motion, the District Court held that the DOJ's burden of proof under CRIPA was the same as the individual plaintiffs in the case and that the DOJ was not required to prove "egregious or flagrant" conduct by defendants to prevail. U.S. v. Pennsylvania, 863F.Supp. 217 (E.D.Pa. 1994). On the DOJ's second limine motion, the District Court applied the doctrine of issue preclusion and held that Defendants were bound by the findings made by Judge Broderick in the case Halderman v. Pennhurst, 74-cv-1345 (E. D.Pa.1994), which involved some of the same issues. Specifically, the Court held that the defendants could not relitigate the following issues: 1) psychotropic medication practices at Embreeville were deficient; 2) the residents of Embreeville were unnecessarily segregated from the community and denied minimally adequate habilitation; 3) institutionalization had deleterious effects on the mentally retarded and community placement benefits of such persons; and 4) services provided to mentally retarded persons living in Philadelphia County were inadequate. U.S. v. Pennsylvania, 1994 WL 502352 (E.D.Pa. Sept. 12 1994).

Following the Court's pre-trial rulings, the parties settled the case on the eve of trial. A settlement hearing was held on November 29, 1994 and the District Court approved the Settlement Agreement the next day. U.S. v. Pennsylvania, 160 F.R.D. 46 (E.D.Pa. 1994). The Agreement called for the downsizing and eventual closure of the Embreeville Center by September 1997 and the phase out placement of all residents. By its terms, the Agreement was to be in force at least until 12 months after the placement of the last resident from Embreeville into the community. Litigation over attorneys' fees and costs followed, resulting in fee awards in excess of $250,000 to plaintiffs' attorneys.

On April 10, 1995, the Court appointed Edward R Skarnulis, Ph.D. as monitor, to oversee the remediation phase.

According to the PACER docket, a Stipulated Agreement was entered by the Court on March 20, 2000. A linked copy of the Stipulated Agreement was not available on PACER and its terms are therefore unknown.

The Stipulated Agreement was terminated and the case was dismissed agreement of the parties on January 5, 2005.

We have no further information on the case.

Dan Dalton - 03/19/2007

compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Integrated setting
Assault/abuse by staff
Communication skills
Food service / nutrition / hydration
Habilitation (training/treatment)
Individualized planning
Neglect by staff
Reassessment and care planning
Recreation / Exercise
Restraints : physical
Special education
Staff (number, training, qualifications, wages)
Totality of conditions
Medical/Mental Health
Dental care
ICF/MR & HCFA standards
Medical care, general
Medication, administration of
Mental Disability
Developmental disability without intellectual disability
Intellectual/developmental disability, unspecified
Plaintiff Type
U.S. Dept of Justice plaintiff
Type of Facility
Causes of Action Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Defendant(s) Embreeville Center
Plaintiff Description United States Department of Justice
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 1994 - 2005
Case Closing Year 2005
Case Ongoing No
Case Listing ID-PA-0004 : Nelson v. Snider (E.D. Pa.)
ID-PA-0002 : Halderman v. Pennhurst (E.D. Pa.)
93-CV-2094 (E.D. Pa.) 01/05/2005
ID-PA-0007-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Findings Notice re: CRIPA Investigation of Embreeville Center, 42 U.S.C. Section 1997b(a)(1) 02/09/1990
ID-PA-0007-0001 PDF | Detail
Findings Letter re: CRIPA re-investigation of Embreeville Center, Coatesville 11/26/1991
ID-PA-0007-0002 PDF | Detail
Complaint 04/14/1993
ID-PA-0007-0003 PDF | Detail
Memorandum 08/31/1993 (832 F.Supp. 122) (E.D. Pa.)
ID-PA-0007-0012 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum 08/13/1994 (863 F.Supp. 217) (E.D. Pa.)
ID-PA-0007-0011 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum 09/12/1994 (1994 WL 502352 / 1994 U.S.Dist.LEXIS 13005) (E.D. Pa.)
ID-PA-0007-0014 PDF | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Memorandum re: Recommendation of Approval of Settlement Agreement in United States v. Pennsylvania, Civil No. 93-CV-2094 09/13/1994
ID-PA-0007-0004 PDF | Detail
Press Release and Information Regarding Settlement in U.S. v. Pennsylvania 09/19/1994
ID-PA-0007-0008 PDF | Detail
Order 11/30/1994 (160 F.R.D. 46) (E.D. Pa.)
ID-PA-0007-0005 PDF | WESTLAW| LEXIS | Detail
Settlement Agreement in United States v. Pennsylvania, Civil No. 93-CV-2094 11/30/1994
ID-PA-0007-0006 PDF | Detail
Joint Motion for Termination of Stipulated Agreement and Dismissal of Case 12/22/2004
ID-PA-0007-0009 PDF | Detail
Order of Dismissal 01/05/2005 (E.D. Pa.)
ID-PA-0007-0010 PDF | Detail
Judges Newcomer, Clarence Charles (E.D. Pa.)
ID-PA-0007-0005 | ID-PA-0007-0006 | ID-PA-0007-0010 | ID-PA-0007-0011 | ID-PA-0007-0012 | ID-PA-0007-0014 | ID-PA-0007-9000
Monitors/Masters None on record
Plaintiff's Lawyers Acosta, R. Alexander (District of Columbia)
Brown Cutlar, Shanetta Y. (District of Columbia)
ID-PA-0007-0009 | ID-PA-0007-9000
Chen, Pamela K. (District of Columbia)
ID-PA-0007-0005 | ID-PA-0007-0006 | ID-PA-0007-0008 | ID-PA-0007-0011 | ID-PA-0007-0014 | ID-PA-0007-9000
Cohn, Debra Leanne Wrobel (Pennsylvania)
ID-PA-0007-0003 | ID-PA-0007-0012 | ID-PA-0007-0014 | ID-PA-0007-9000
Deutsch, David (District of Columbia)
ID-PA-0007-0009 | ID-PA-0007-9000
Dunne, John R. (District of Columbia)
Gran, Judith A. (Pennsylvania)
ID-PA-0007-0005 | ID-PA-0007-0006 | ID-PA-0007-0011
Guzman, Philip A. (District of Columbia)
ID-PA-0007-0003 | ID-PA-0007-0014 | ID-PA-0007-9000
Johnson, Elizabeth (District of Columbia)
Masling, Mark S. (District of Columbia)
ID-PA-0007-0005 | ID-PA-0007-0006 | ID-PA-0007-0011 | ID-PA-0007-0014 | ID-PA-0007-9000
Murphy, Mark J. (Pennsylvania)
ID-PA-0007-0005 | ID-PA-0007-0006
Nelson, Mellie H. (District of Columbia)
ID-PA-0007-0003 | ID-PA-0007-0012 | ID-PA-0007-0014 | ID-PA-0007-9000
Patrick, Deval L. (District of Columbia)
ID-PA-0007-0004 | ID-PA-0007-0005 | ID-PA-0007-0006
Peabody, Arthur E. Jr. (District of Columbia)
ID-PA-0007-0003 | ID-PA-0007-0004 | ID-PA-0007-0005 | ID-PA-0007-0006
Reno, Janet (District of Columbia)
ID-PA-0007-0003 | ID-PA-0007-0012 | ID-PA-0007-0014 | ID-PA-0007-9000
Rotko, Michael J. (Pennsylvania)
ID-PA-0007-0003 | ID-PA-0007-0012 | ID-PA-0007-0014 | ID-PA-0007-9000
Schlozman, Bradley (District of Columbia)
Shane, Ilene W. (Pennsylvania)
ID-PA-0007-0005 | ID-PA-0007-0006 | ID-PA-0007-0009
Stern, Robert H. (District of Columbia)
Tiryak, Edmund A. (Pennsylvania)
ID-PA-0007-0005 | ID-PA-0007-0006 | ID-PA-0007-0009 | ID-PA-0007-0011 | ID-PA-0007-0012 | ID-PA-0007-0014 | ID-PA-0007-9000
Turner, James P. (District of Columbia)
ID-PA-0007-0001 | ID-PA-0007-0003 | ID-PA-0007-0012 | ID-PA-0007-0014 | ID-PA-0007-9000
Defendant's Lawyers Kramer, Barry N. (Pennsylvania)
Ulan, Howard (Pennsylvania)
ID-PA-0007-0009 | ID-PA-0007-9000
York, Thomas B. (Pennsylvania)
ID-PA-0007-0005 | ID-PA-0007-0006 | ID-PA-0007-0011 | ID-PA-0007-0012 | ID-PA-0007-0014 | ID-PA-0007-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -