Filed Date: Sept. 5, 2000
Closed Date: 2004
Clearinghouse coding complete
On September 5, 2000, a group of individuals with serious mental disabilities who were institutionalized as Norristown State Hospital ("NSH") filed suit against Pennsylvania Department of Public Welfare and Pennsylvania's Secretary of Public Welfare under the Americans with Disabilities Act, the Rehabilitation Act of 1973 and 42 U.S.C. §1983 in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs, represented by public services counsel, asked the Court for declaratory and injunctive relief, alleging that because they were qualified and prepared for community-based services, their continued institutionalization violated the anti-discrimination and integration mandates of the ADA Act and the Rehabilitation Act.
On July 23, 2001, the Court (Judge Schiller) denied the defendants' motion to dismiss in part, allowing the plaintiffs to continue to pursue the Rehabilitation Act claims against both defendants, and the ADA and 1983 claims against the Secretary.
Following a three-day bench trial in May 2002, on September 5, 2002, the District Court (Judge Schiller) issued a memorandum opinion in favor of the defendants on the ground that the plaintiffs were not entitled to the requested relief because it would have required a fundamental alteration of the Commonwealth's programming and budgetary allocations.
The plaintiffs subsequently appealed. On April 13, 2004, the Third Circuit vacated the district court's judgment and remanded for further evaluation of the state's fundamental alteration defense.
On September 1, 2004, after reconsidering the defendants' defense, the district court (Judge Schiller) entered judgment in favor of defendants and closed the case. The Court found that the Commonwealth had in place a satisfactory "Olmstead Plan."
Summary Authors
Kunyi Zhang (3/12/2011)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11164304/parties/l-v-deptof-public-welf/
Hart, Jacob P. (Pennsylvania)
Schiller, Berle M. (Pennsylvania)
Sloviter, Dolores Korman (Pennsylvania)
Meek, Robert W. (Pennsylvania)
Murphy, Mark J. (Pennsylvania)
See docket on RECAP: https://www.courtlistener.com/docket/11164304/l-v-deptof-public-welf/
Last updated April 7, 2025, 11:19 a.m.
State / Territory:
Case Type(s):
Public Benefits/Government Services
Special Collection(s):
Olmstead Cases
Key Dates
Filing Date: Sept. 5, 2000
Closing Date: 2004
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A group of individuals with serious mental illnesses who were residents of a state-run psychiatric hospital.
Plaintiff Type(s):
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, 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
Other Dockets:
Eastern District of Pennsylvania 2:00-cv-04510
U.S. Court of Appeals for the Third Circuit 02-03721
Available Documents:
Outcome
Prevailing Party: Defendant
Relief Granted:
Source of Relief:
Issues
Benefits (Source):