Case: Peake v. Pennsylvania

216 MD 2015 | Pennsylvania state trial court

Filed Date: April 16, 2015

Closed Date: 2015

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Case Summary

On April 16, 2015, a group of former felons and the Resources for Human Development filed this lawsuit in the Commonwealth Court of Pennsylvania. The plaintiffs sued Pennsylvania’s Department of Aging, Department of Human Services, and Department of Health under state law. The plaintiffs, represented by private counsel, asked the court the declare certain provisions of The Older Adult Protective Services Act unconstitutional the Constitution of the Commonwealth of Pennsylvania and enjoin agenci…

On April 16, 2015, a group of former felons and the Resources for Human Development filed this lawsuit in the Commonwealth Court of Pennsylvania. The plaintiffs sued Pennsylvania’s Department of Aging, Department of Human Services, and Department of Health under state law. The plaintiffs, represented by private counsel, asked the court the declare certain provisions of The Older Adult Protective Services Act unconstitutional the Constitution of the Commonwealth of Pennsylvania and enjoin agencies from enforcing the lifetime employment ban of OPASA. The plaintiffs claimed that the lifetime employment ban violated the rights of the plaintiffs to seek employment which they were otherwise qualified for in the health and mental services field, and that it violated the right of the Resources for Human Development to hire employees of their choosing.

Specifically, the plaintiffs claimed that they were all qualified for employment in various mental health facilities but were barred from this employment because of their respective criminal records. The plaintiffs’ offenses were committed between 15–33 years before they sought employment and were not related to the profession they were then seeking.

On December 30, 2015, the Court (Judge Mary Hannah Leavitt) entered an opinion that dismissed the defendant’s claim for summary judgment and granted relief to petitioners. The court found the employment ban violated the Due Process Clause of the Pennsylvania Constitution, and summary relief was granted. The court held the Act unconstitutional and enjoined the defendants from enforcing the lifetime employment ban.

Summary Authors

Erica Christianson (3/16/2017)

People


Judge(s)
Attorney for Plaintiff

Dietrich, Sharon (Pennsylvania)

Ginzberg, Janet F. (Pennsylvania)

Kreimer, Seth (Pennsylvania)

Attorney for Defendant

Fritz, Lucy Elizabeth (Pennsylvania)

Grogan, Kathleen (Pennsylvania)

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Documents in the Clearinghouse

Document

216 MD 2015

Docket

Peake v. The Commonwealth of Pennsylvania

Dec. 30, 2015

Dec. 30, 2015

Docket

216 MD 2015

Petition for Review in the Nature of a Complaint in Equity with Notice to Plead

Peake v. The Commonwealth of Pennsylvania

April 16, 2015

April 16, 2015

Complaint

216 MD 2015

Opinion

Peake v. The Commonwealth of Pennsylvania

Pennsylvania state appellate court

Dec. 30, 2015

Dec. 30, 2015

Order/Opinion

Docket

Last updated Aug. 30, 2023, 2:47 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Pennsylvania

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: April 16, 2015

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Group of former felons

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Aging (Harrisburg, Dauphin), State

Department of Human Services (Harrisburg, Dauphin), State

Department of Health (Harrisburg, Dauphin), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted