Case: Alexander v. Rendell

3:05-cv-00419 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Nov. 4, 2005

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On November 4, 2005, a group of former residents of the Altoona Center, a former state-operated intermediate care facility for persons with mental disabilities filed a lawsuit against the Connonwealth of Pennsylvania under the Americans with Disabilities Act, the Rehabilitation Act, 42 U.S.C. § 1983, and various Medicaid statutes in the U.S. District Court for the Western District of Pennsylvania. The plaintiffs, represented by private counsel, asked the court for declaratory and injunctive re…

On November 4, 2005, a group of former residents of the Altoona Center, a former state-operated intermediate care facility for persons with mental disabilities filed a lawsuit against the Connonwealth of Pennsylvania under the Americans with Disabilities Act, the Rehabilitation Act, 42 U.S.C. § 1983, and various Medicaid statutes in the U.S. District Court for the Western District of Pennsylvania. The plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, alleging that the defendants' decision to close the Altoona Center violated their rights under the above-mentioned statutes because no other institution or community-based care facility would be as integrated as the Altoona Center and placement of them into other places might result in abuse, neglect or death.

On January 23, 2006, in response to the plaintiffs' motion for preliminary injunction, the Court (Judge Robert Greene) adopted a protocol that would allow the defendants to close the Center and transfer the plaintiffs to other community-based care facilities.

On March 23, 2007, the Court (Judge Kim Gibson) denied the proposed intervenors' motion to intervene.

On January 12, 2009, the Court (Judge Gibson) granted the defendants' motion for summary judgment on the grounds that the cause of action here did not concern the practice of treatment and evaluation of the plaintiffs.

Summary Authors

Kunyi Zhang (3/23/2011)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4764893/parties/alexander-v-rendell/


Judge(s)

Gibson, Kim R. (Pennsylvania)

Attorneys(s) for Plaintiff

Greene, Robert L. (District of Columbia)

Attorneys(s) for Defendant

Ulan, Howard (Pennsylvania)

Other Attorney(s)

Active

Active

Judge(s)

Gibson, Kim R. (Pennsylvania)

Attorneys(s) for Plaintiff

Greene, Robert L. (District of Columbia)

Attorneys(s) for Defendant

Ulan, Howard (Pennsylvania)

Other Attorney(s)

Gilhool, Thomas K. (Pennsylvania)

Healey, Michael J. (Pennsylvania)

Documents in the Clearinghouse

Document

3:05-cv-00419

Docket

May 29, 2009

May 29, 2009

Docket
1

3:05-cv-00419

Complaint

Nov. 4, 2005

Nov. 4, 2005

Complaint
85

3:05-cv-00419

Memorandum Opinion and Order of Court (Motion to Intervene Denied)

246 F.R.D. 220

March 23, 2007

March 23, 2007

Order/Opinion
113

3:05-cv-00419

Memorandum Opinion and Order of Court

2009 WL 82227

Jan. 12, 2009

Jan. 12, 2009

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4764893/alexander-v-rendell/

Last updated July 29, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
25

MEMORANDUM OPINION AND ORDER OF COURT denying 4 Motion for Preliminary Injunction; denying 15 Motion for Preliminary Injunction; denying 15 Motion for TRO; and as more fully stated in said Memorandum Opinion and Order of Court. Signed by Judge Kim R. Gibson on 1/30/2006. (dlg)

Jan. 30, 2006

Jan. 30, 2006

RECAP
85

MEMORANDUM OPINION AND ORDER OF COURT denying 44 Amended Motion for Intervention of Right as Plaintiffs, and as more fully stated in said Memorandum Opinion and Order of Court. Signed by Judge Kim R. Gibson on 3/23/2007. (dlg)

March 23, 2007

March 23, 2007

Clearinghouse
113

MEMORANDUM OPINION and ORDER OF COURT denying 97 Motion to Dismiss and Granting the alternative 97 Pre-Discovery Motion for Summary Judgment. The Plaintiffs shall have until 2/2/2009 to submit a petition in support of any claim for attorney' ;s fees and their status as a prevailing party, along with an accounting of the proposed fees. The Defendants shall respond to any such petition on or before 2/23/2009. The Clerk of Court shall enter judgment in favor of the Defendants and against the Plaintiffs in a separate order, and as more fully stated in said Memorandum Opinion and Order of Court. Signed by Judge Kim R. Gibson on 1/12/2009. (dlg) Modified on 1/13/2009. (cen)

Jan. 12, 2009

Jan. 12, 2009

RECAP

Case Details

State / Territory: Pennsylvania

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 4, 2005

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Former residents of the Altoona Center, a former state-operated intermediate care facility for the mentally disabled in Pennsylvania.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

Commonwealth of Pennsylvania, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied