On November 19, 1987, the United States Department of Justice notified the governor of Pennsylvania of the findings of an investigation of the Ebensburg Center in Ebensburg, Pennsylvania conducted pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA). The DOJ concluded that the constitutional rights of the residents with intellectual disabilities of the Ebensburg Center were being violated by the conditions at the facility. It alleged that the center failed to provide its residents with adequate training programs and the staff used inappropriate restraints. The center also failed to provide proper medical care and was understaffed.

On February 10, 1992, the United States filed a lawsuit alleging violations of CRIPA in the United States District Court for the Western District of Pennsylvania against the state of Pennsylvania. The allegations in the complaint were based on the findings of the CRIPA investigation.

On July 27, 1995, after a trial, the district court (Judge D. Brooks Smith) found that there were no constitutional violations. United States v. Pennsylvania, 902 F. Supp. 565 (W.D. Pa. 1995). The district court conceded that many residents of the facility would be better served by placement in the community, but held that the conditions in Ebensburg Center provided the minimum level of care required by the constitution. The United States Court of Appeals for the Third Circuit affirmed without opinion on August 26, 1996. United States v. Ridge, 96 F.3d 1436 (3d Cir. 1996). The PACER docket indicates that litigation regarding attorneys' fees continued through 1998.

Angela Heverling - 05/25/2007


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