Filed Date: Jan. 24, 1994
Closed Date: 2005
Clearinghouse coding complete
On January 24, 1994, individual plaintiffs, the Pennsylvania Protection Advocacy, Inc. and Arc-Pennsylvania filed this class action civil rights lawsuit in the United States District Court for the Eastern District of Pennsylvania, challenging the care, conditions of confinement and habilitation of residents of Embreeville Center, a facility for the developmentally disabled in Pennsylvania. Plaintiffs alleged violation of their rights under Title XIX of the Social Security Act; the Rehabilitation Act of 1973; the Due Process Clause, Equal Protection Clause and the First Amendment via 42 U.S.C. § 1983; and the Americans with Disabilities Act. The plaintiff class was represented by attorneys with the Public Interest Law Center of Philadelphia and the Disabilities Law Project Philadelphia. The suit was styled Nelson v. Martin, Civil Action No. 94-CV- 440. It followed a similar suit filed by the Department of Justice [DOJ] on April 21, 1993, pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. Section 1997 et seq., styled U.S. v. Pennsylvania, Civil Action No. 93-CV-2094. [ID-PA-7 of this collection].
On March 28, 1994, the District Court (Judge Clarence C. Newcomer) ordered that the Nelson case be consolidated with U.S. v. Pennsylvania. Case no. 94-CV- 440 was closed for statistical purposes.
The plaintiff class was certified by the District Court on April 26, 1994, with an amended order following on May 11, 1994. Following discovery and motion practice, the case was settled. The District Court approved the Settlement Agreement on November 30, 1994, which resulted in the downsizing and eventual closing of the Embreeville Center. A subsequent Stipulated Agreement was entered on March 20, 2000.
On January 5, 2005, the Stipulated Agreement was terminated and the case was dismissed agreement of the parties.
See U.S. v. Pennsylvania, Civil Action No. 93-CV-2094. [ID-PA-7] for a more detailed account of the procedural history of the consolidated cases.
Summary Authors
Dan Dalton (3/17/2007)
Halderman v. Pennhurst, Eastern District of Pennsylvania (1974)
U.S. v. Pennsylvania, Eastern District of Pennsylvania (1993)
Brimmer, Clarence Addison Jr. (Wyoming)
Chen, Pamela K. (District of Columbia)
Cohn, Debra Leanne Wrobel (Pennsylvania)
Cohn (dup), Debra Leanne Wrobel (Pennsylvania)
Gran, Judith A. (Pennsylvania)
Brimmer, Clarence Addison Jr. (Wyoming)
Newcomer, Clarence Charles (Pennsylvania)
Chen, Pamela K. (District of Columbia)
Cohn, Debra Leanne Wrobel (Pennsylvania)
Cohn (dup), Debra Leanne Wrobel (Pennsylvania)
Gran, Judith A. (Pennsylvania)
Guzman, Philip A. (District of Columbia)
Meek, Robert W. (Pennsylvania)
Murphy, Mark J. (Pennsylvania)
Nelson, Mellie H. (District of Columbia)
Patrick, Deval L. (District of Columbia)
Peabody, Arthur E. Jr. (District of Columbia)
Ransom, Barbara E. (Pennsylvania)
Reno, Janet (District of Columbia)
Rotko, Michael J. (Pennsylvania)
Last updated March 21, 2024, 3:03 a.m.
State / Territory: Pennsylvania
Case Type(s):
Intellectual Disability (Facility)
Special Collection(s):
Key Dates
Filing Date: Jan. 24, 1994
Closing Date: 2005
Case Ongoing: No
Plaintiffs
Plaintiff Description:
All persons who are residing or will reside at Embreeville Center, all persons who have been or will be transferred from Embreeville Center to other settings.
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Embreeville Center (Coatesville), State
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Social Security (Title XX), 42 U.S.C. §§ 1397 et seq.
Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 1994 - 2005
Issues
General:
Food service / nutrition / hydration
Sanitation / living conditions
Staff (number, training, qualifications, wages)
Jails, Prisons, Detention Centers, and Other Institutions:
Habilitation (training/treatment)
Assault/abuse by staff (facilities)
Assault/abuse by non-staff (facilities)
Disability and Disability Rights:
Developmental disability without intellectual disability
Intellectual/developmental disability, unspecified
Medical/Mental Health:
Type of Facility: