On November 4, 2005, a group of former residents of the Altoona Center, a former state-operated intermediate care facility for persons with mental disabilities filed a lawsuit against the Connonwealth of Pennsylvania under the Americans with Disabilities Act, the Rehabilitation Act, 42 U.S.C. § 1983, and various Medicaid statutes in the U.S. District Court for the Western District of Pennsylvania. The plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, alleging that the defendants' decision to close the Altoona Center violated their rights under the above-mentioned statutes because no other institution or community-based care facility would be as integrated as the Altoona Center and placement of them into other places might result in abuse, neglect or death.

On January 23, 2006, in response to the plaintiffs' motion for preliminary injunction, the Court (Judge Robert Greene) adopted a protocol that would allow the defendants to close the Center and transfer the plaintiffs to other community-based care facilities.

On March 23, 2007, the Court (Judge Kim Gibson) denied the proposed intervenors' motion to intervene.

On January 12, 2009, the Court (Judge Gibson) granted the defendants' motion for summary judgment on the grounds that the cause of action here did not concern the practice of treatment and evaluation of the plaintiffs.

Kunyi Zhang - 03/23/2011


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