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Case Name Jimmie v. Department of Public Welfare PB-PA-0010
Docket / Court 3:09-cv-01112-CCC ( M.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization NDRN/Protection & Advocacy Organizations
Case Summary
Plaintiffs, individuals with developmental disabilities who are housed in state-run psychiatric institutions in Pennsylvania, filed this lawsuit claiming that Pennsylvania has failed to provide community-based treatment and habilitation services that would prevent them from being institutionalized. ... read more >
Plaintiffs, individuals with developmental disabilities who are housed in state-run psychiatric institutions in Pennsylvania, filed this lawsuit claiming that Pennsylvania has failed to provide community-based treatment and habilitation services that would prevent them from being institutionalized. Some of the Plaintiffs had diagnosed psychiatric disorders, while others were individuals with disabilities who claimed to be housed in psychiatric facilities even though they had no mental illness. Plaintiffs filed their complaint in the U.S. District Court for the Middle District of Pennsylvania on June 11, 2009, alleging that the PA Department of Public Welfare is in violation of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Due Process Clause of the 14th Amendment to the U.S. Constitution.

The Defendants filed a Motion to Dismiss on September 17, 2009. The court (Judge Thomas I. Vanaskie) denied this motion on November 19, 2009.

On July 30, 2010, the parties entered their consent agreement, which was approved by the court (Judge Christopher C. Conner) on September 2, 2010. The state agreed to assess each Plaintiff for his eligibility for Medicaid waiver services and develop individualized assessment plans. DPW agreed to establish a review committee to determine which institutionalized individuals are eligible for release into the community. Pennsylvania will provide additional funding for additional services both in institutions and in the community. There are also reporting requirements.

Beth Kurtz - 02/08/2013


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Constitutional Clause
Due Process
Content of Injunction
Discrimination Prohibition
Monitoring
Reporting
Defendant-type
Jurisdiction-wide
Disability
disability, unspecified
Integrated setting
Least restrictive environment
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Deinstitutionalization/decarceration
Habilitation (training/treatment)
Individualized planning
Placement in mental health facilities
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) Pennsylvania Department of Public Welfare
Plaintiff Description Plaintiffs are individuals with developmental disabilities who reside in state psychiatric hospitals.
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2010 - 2016
Case Ongoing Yes
Additional Resources
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Links William G. v. Pataki
http://www.bazelon.org/william-g-v-pataki/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Disability Rights New Jersey v. Velez
http://www.bazelon.org/drnj-v-velez/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Williams v. Quinn
http://www.bazelon.org/williams-v-quinn/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  United States of America v. Commonwealth of Virginia
http://www.bazelon.org/u-s-v-virginia/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  United States of America v. North Carolina
http://www.bazelon.org/u-s-v-north-carolina/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  U.S. v. Georgia
http://www.bazelon.org/u-s-v-georgia/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  O'Toole v. Cuomo [Formerly DAI v. Cuomo]
http://www.bazelon.org/otoole-v-cuomo/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Amanda D. v. Hassan
http://www.bazelon.org/amanda-d-v-hassan/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

Docket(s)
3:09-cv-1112 (M.D. Pa.)
PB-PA-0010-9000.pdf | Detail
Date: 12/02/2010
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
PB-PA-0010-0001.pdf | Detail
Date: 06/11/2009
Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Unopposed Motion for Class Certification [ECF# 13]
PB-PA-0010-0002.pdf | Detail
Date: 09/02/2009
Source: PACER [Public Access to Court Electronic Records]
Brief in Support of Plaintiffs' Unopposed Motion for Class Certification [ECF# 14]
PB-PA-0010-0003.pdf | Detail
Date: 09/02/2009
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 17] (M.D. Pa.)
PB-PA-0010-0004.pdf | Detail
Date: 09/08/2009
Source: PACER [Public Access to Court Electronic Records]
Motion to Dismiss [ECF# 19]
PB-PA-0010-0005.pdf | Detail
Date: 09/17/2009
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 31] (M.D. Pa.)
PB-PA-0010-0006.pdf | Detail
Date: 11/19/2009
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Unopposed Motion for Preliminary Approval of the Proposed Class Action Settlement Agreement and for Approval of Class Notice [ECF# 41]
PB-PA-0010-0007.pdf | Detail
Date: 07/30/2010
Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement [ECF# 41-4]
PB-PA-0010-0011.pdf | Detail
Date: 07/30/2010
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 47] (M.D. Pa.)
PB-PA-0010-0008.pdf | Detail
Date: 09/02/2010
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Unopposed Motion for Final Approval of the Proposed Class Action Settlement Agreement [ECF# 49]
PB-PA-0010-0009.pdf | Detail
Date: 11/09/2010
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 56] (2010 WL 4977331) (M.D. Pa.)
PB-PA-0010-0010.pdf | WESTLAW | Detail
Date: 12/01/2010
Source: PACER [Public Access to Court Electronic Records]
Judges Conner, Christopher C. Court not on record
PB-PA-0010-0008 | PB-PA-0010-0010 | PB-PA-0010-9000
Vanaskie, Thomas Ignatius Court not on record
PB-PA-0010-0004 | PB-PA-0010-0006
Plaintiff's Lawyers Horowitz, Carol (Pennsylvania)
PB-PA-0010-0001 | PB-PA-0010-0002 | PB-PA-0010-0003 | PB-PA-0010-0007 | PB-PA-0010-0009 | PB-PA-0010-0011 | PB-PA-0010-9000
Meek, Robert W. (Pennsylvania)
PB-PA-0010-0001 | PB-PA-0010-0002 | PB-PA-0010-0003 | PB-PA-0010-0007 | PB-PA-0010-0009 | PB-PA-0010-0011 | PB-PA-0010-9000
Murphy, Mark J. (Pennsylvania)
PB-PA-0010-0001 | PB-PA-0010-0002 | PB-PA-0010-0003 | PB-PA-0010-0007 | PB-PA-0010-0009 | PB-PA-0010-0011 | PB-PA-0010-9000
Resnick, Robin (Pennsylvania)
PB-PA-0010-0001 | PB-PA-0010-0002 | PB-PA-0010-0003 | PB-PA-0010-0007 | PB-PA-0010-0009 | PB-PA-0010-0011 | PB-PA-0010-9000
Warshaw, Allen C. (Pennsylvania)
PB-PA-0010-9000
Defendant's Lawyers Ulan, Howard (Pennsylvania)
PB-PA-0010-0005 | PB-PA-0010-9000

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