Filed Date: Aug. 27, 1990
Closed Date: 1996
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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.
Summary Authors
Dan Dalton (4/6/2007)
Gold, Stephen F. (Pennsylvania)
Meek, Robert W. (Pennsylvania)
Shane, Ilene W. (Pennsylvania)
Fredricks, Laura (Pennsylvania)
Kramer, Barry N. (Pennsylvania)
Weiner, Charles R. (Pennsylvania)
Last updated March 29, 2024, 3:04 a.m.
State / Territory: Pennsylvania
Case Type(s):
Intellectual Disability (Facility)
Key Dates
Filing Date: Aug. 27, 1990
Closing Date: 1996
Case Ongoing: No
Plaintiffs
Plaintiff Description:
All 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.
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Norristown State Hospital, State
Department of Public Welfare, State
Case Details
Causes of Action:
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Social Security (Title XX), 42 U.S.C. §§ 1397 et seq.
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Issues
General:
Deinstitutionalization/decarceration
Jails, Prisons, Detention Centers, and Other Institutions:
Habilitation (training/treatment)
Disability and Disability Rights:
Intellectual/developmental disability, unspecified
Type of Facility: