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Civil Rights Litigation Clearinghouse
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Case Name Peake v. Pennsylvania CJ-PA-0001
Docket / Court 216 MD 2015 ( State Court )
State/Territory Pennsylvania
Case Type(s) Criminal Justice (Other)
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, ... read more >
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 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.

Erica Christianson - 03/16/2017


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Issues and Causes of Action
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Issues
Content of Injunction
Preliminary relief granted
Defendant-type
Jurisdiction-wide
Plaintiff Type
Private Plaintiff
Causes of Action State law
Defendant(s) Department of Aging
Department of Health
Department of Human Services
Plaintiff Description Group of former felons
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Declaratory Judgment
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Case Closing Year 2015
Case Ongoing No
Additional Resources
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  Philadelphia Forfeiture
http://ij.org/case/philadelphia-forfeiture/
Date: Aug. 11, 2014
By: Institute for Justice (Institute for Justice)
[ Detail ]

Docket(s)
216 MD 2015 (State Trial Court)
CJ-PA-0001-9000.pdf | Detail
Date: 12/30/2015
Source: State Court Website
General Documents
Petition for Review in the Nature of a Complaint in Equity with Notice to Plead
CJ-PA-0001-0001.pdf | External Link | Detail
Date: 04/16/2015
Opinion
CJ-PA-0001-0002.pdf | Detail
Date: 12/30/2015
Source: State Court Website
Judges Leavitt, Mary Hannah Court not on record
CJ-PA-0001-0002
Plaintiff's Lawyers Dietrich, Sharon (Pennsylvania)
CJ-PA-0001-0001 | CJ-PA-0001-9000
Ginzberg, Janet F. (Pennsylvania)
CJ-PA-0001-0001 | CJ-PA-0001-9000
Kreimer, Seth (Pennsylvania)
CJ-PA-0001-0001 | CJ-PA-0001-9000
Larocca, Robert J (Pennsylvania)
CJ-PA-0001-0001 | CJ-PA-0001-9000
LeVan, Peter H. Jr. (Pennsylvania)
CJ-PA-0001-0001 | CJ-PA-0001-9000
Defendant's Lawyers Fritz, Lucy Elizabeth (Pennsylvania)
CJ-PA-0001-9000
Grogan, Kathleen (Pennsylvania)
CJ-PA-0001-9000
Taylor, Alison (Pennsylvania)
CJ-PA-0001-9000
Withstandley, Harriet F. (Pennsylvania)
CJ-PA-0001-9000

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