On September 29, 1989, a group of residents of Western Center, an intermediate care facility for persons with developmental disabilities, filed a lawsuit against the Commonwealth of Pennsylvania under 42 U.S.C. §§1396 et seq. and 1983 and 29 U.S.C. §794 in the U.S. District Court for the Western ...
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On September 29, 1989, a group of residents of Western Center, an intermediate care facility for persons with developmental disabilities, filed a lawsuit against the Commonwealth of Pennsylvania under 42 U.S.C. §§1396 et seq. and 1983 and 29 U.S.C. §794 in the U.S. District Court for the Western District of Pennsylvania. The plaintiffs, represented by public services counsel, asked the Court for declaratory and injunctive relief, alleging that defendants had failed to maintain and operate Western Center in accordance with applicable standards and to provide residents with appropriate care and treatment; failed to keep residents free from harm and undue restraints; and discriminated against residents on the basis of their disability.
On November 29, 1991, the Court granted Allegheny County's motion to intervene as a plaintiff on the ground that about 60% of Western Center residents resided in the County before being institutionalized.
On February 21, 1921, the Court granted the plaintiffs' motion for class certification.
On September 10, 1992, after lengthy negotiations, the original plaintiffs and defendants signed a Settlement Agreement. On February 3, 1993, defendants and Allegheny County signed the Settlement Agreement.
On October 7, 1992, the Court granted some institutions and natural persons to intervene as plaintiffs. The opposing intervenors, opposing the settlement, filed a Statement Concerning Class Certification/Decertification on February 3, 1993.
On June 22, 1993, the Court (Judge William L. Standish) confirmed its preliminary certification of the class and approved the settlement agreement.
Following settlement, Western Center residents falling within the certified class and their family members or legal guardians filed separate motions to intervene as of right. On September 29, 1999, the Court (Judge Standish) held that the Olmstead decision did not provide a basis for family members' intervention and that the residents' motion to intervene was untimely.
Kunyi Zhang - 03/04/2011
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