On September 6, 2000, a nonprofit organization charged with protecting the rights of institutionalized Pennsylvanians filed a lawsuit against the Commonwealth of Pennsylvania under Title XIX of the Social Security Act, the Rehabilitation Act and Title II of the Americans with Disabilities Act in the U.S. District Court for the Middle District of Pennsylvania. The plaintiff, represented by public services counsel, asked the Court for declaratory and injunctive relief, alleging that the defendants failed to comply with the integration mandates of those acts by not providing community-based living programs for the residents of South Mountain Restoration Center (SMRC), a state-run nursing facility.

In January and February 2002, the parties filed cross-motions for summary judgment. On January 15, 2003, the Court (Judge William W. Caldwell) issued a Memorandum and Order granting defendants' summary judgment and denying plaintiff the same. The Court held that granting the plaintiff relief would require a fundamental alteration of the state's programs, and thus it was shielded from liability by the "fundamental alteration" exception to the integration mandate described in Olmstead.

The plaintiff appealed, and on March 24, 2005, the Third Circuit (Judge Thomas Ambro) vacated the District Court's order and remanded the case.

On December 23, 2005, the parties reached a settlement agreement and moved the Court to place the case in civil suspense pending implementation of the Agreement.

On October 3, 2008, the case was dismissed pursuant to the parties' stipulation.

Kunyi Zhang - 03/05/2011


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