On October 27, 1997, a group of individuals with mental illness who had been institutionalized at Haverford State Hospital ("HSH") filed a lawsuit against the state under the Americans with Disabilities Act ("ADA") in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs, represented by legal services, asked the Court for declaratory and injunctive relief, alleging that the defendants' announcement of their decision to close HSH by June 30, 1998 and to transfer certain residents to Norristown State Hospital, violated their rights under ADA. Specifically, the plaintiffs claimed that the state failed to provide the plaintiffs with services in the most integrated setting appropriate to their needs and that the state used methods of administration which had a discriminatory effect by continuing unnecessarily to institutionalize the plaintiffs who had been found eligible for community placement.

On February 25, 1998, the Court (Judge Raymond J. Broderick) certified a plaintiff class which included all persons institutionalized at HSH as of August 26, 1997. And on June 26, 1998, the Court subsequently divided the class into three subclasses.

The Court held a bench trial in May of 1998. On June 26, 1998, the Court (Judge Broderick) entered judgment in favor of all three subclasses.

On July 2, 1998, the defendants filed a Notice of Appeal to the Third Circuit. On July 30, 1998, the Court subsequently denied the defendants' motion for a stay pending appeal.

After hearing the parties' oral argument, in September 1999, the Third Circuit suggested to the parties that, in light of the Supreme Court's decision in Olmstead, the parties should attempt to resolve the matter before further disposition by the Third Circuit.

The parties subsequently entered into settlement discussions. On October 14, 1999, the parties executed a Settlement Agreement. On December 23, 1999, the Court (Judge Broderick) approved the Settlement Agreement.

Kunyi Zhang - 03/01/2011


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