On August 27, 1990, several individuals with intellectual disabilities, represented by attorneys for the Disabilities Law Project, filed a class action lawsuit against the Pennsylvania Department of Public Welfare [DPW] pursuant to 42 U.S.C. § 1983 in U.S. District Court Eastern District of Pennsylvania, challenging their continued confinement in state institutions. Plaintiffs sought to enjoin DPW from denying persons with intellectual disabilities appropriate treatment and placement in community-based programs. Plaintiffs' complaint asserted violations of their substantive and procedural due process rights guaranteed by the Fourteenth Amendment; Title XIX of the Social Security Act, 42 U.S.C. §§1396a et. seq.; and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794.

Plaintiffs moved for class certification on April 8, 1991. The District Court (Judge Charles R. Weiner) denied the motion, with leave to renew it after the completion of discovery. Plaintiffs' motion for a preliminary injunction was similarly denied.

Settlement negotiations followed and the parties ultimately resolved the case. The Court approved the parties' Settlement Agreement on July 9, 1992. The Agreement stipulated to the certification of a class of persons "with a primary or exclusive diagnosis of mental retardation who are institutionalized in state hospitals for persons with mental illness contrary to professional judgment. " The Agreement called for the PDW to place class members into appropriate community-based programs. The case was placed on the Court's civil suspense list pending compliance with the Agreement. Plaintiffs' claim for attorneys' fees was resolved under a separate agreement.

On April 11, 1996, the District Court entered a final stipulation and order dismissing the case without prejudice.

We have no further information on this matter.

Dan Dalton - 04/06/2007


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