On September 5, 2000, a group of individuals with serious mental disabilities who were institutionalized as Norristown State Hospital ("NSH") filed suit against Pennsylvania Department of Public Welfare and Pennsylvania's Secretary of Public Welfare under the Americans with Disabilities Act, the Rehabilitation Act of 1973 and 42 U.S.C. §1983 in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs, represented by public services counsel, asked the Court for declaratory and injunctive relief, alleging that because they were qualified and prepared for community-based services, their continued institutionalization violated the anti-discrimination and integration mandates of the ADA Act and the Rehabilitation Act.

On July 23, 2001, the Court (Judge Schiller) denied the defendants' motion to dismiss in part, allowing the plaintiffs to continue to pursue the Rehabilitation Act claims against both defendants, and the ADA and 1983 claims against the Secretary.

Following a three-day bench trial in May 2002, on September 5, 2002, the District Court (Judge Schiller) issued a memorandum opinion in favor of the defendants on the ground that the plaintiffs were not entitled to the requested relief because it would have required a fundamental alteration of the Commonwealth's programming and budgetary allocations.

The plaintiffs subsequently appealed. On April 13, 2004, the Third Circuit vacated the district court's judgment and remanded for further evaluation of the state's fundamental alteration defense.

On September 1, 2004, after reconsidering the defendants' defense, the district court (Judge Schiller) entered judgment in favor of defendants and closed the case. The Court found that the Commonwealth had in place a satisfactory "Olmstead Plan."

Kunyi Zhang - 03/12/2011


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