Case: Helen L. v. DiDario

2:92-cv-06054 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Oct. 1, 1992

Closed Date: June 7, 1996

Clearinghouse coding complete

Case Summary

Plaintiffs filed this lawsuit, an Americans with Disabilities Act (ADA) challenge to the Pennsylvania Department of Public Welfare's refusal to provide them with in-home attendant care services rather than nursing home care, in the fall of 1992, in the U.S. District Court for the Eastern District of Pennsylvania. There were five plaintiffs in this case (Helen L., Beverly D., Ilene F., Florence H., and Idell S.) who were joined and dismissed at various times, depending on their institutionaliza…

Plaintiffs filed this lawsuit, an Americans with Disabilities Act (ADA) challenge to the Pennsylvania Department of Public Welfare's refusal to provide them with in-home attendant care services rather than nursing home care, in the fall of 1992, in the U.S. District Court for the Eastern District of Pennsylvania. There were five plaintiffs in this case (Helen L., Beverly D., Ilene F., Florence H., and Idell S.) who were joined and dismissed at various times, depending on their institutionalization status. Each plaintiff had a physical disability and required assistance in carrying out daily activities. Doctors determined that it would be appropriate for each plaintiff to live at home with attendant care, but the state determined that such care would be too expensive and forced each plaintiff to remain in a state hospital in order to receive care.

The plaintiffs filed a motion for a preliminary injunction asking for home-based services on May 3, 1993. On June 25, the parties filed a stipulated statement of facts and cross motions for summary judgment, asking the court to resolve the legal issues based on the agreed-upon facts rather than proceeding to trial. Judge Thomas O'Neill of the U.S. District Court for the Eastern District of Pennsylvania issued his decision on those motions on January 27, 1994, finding for the state defendants on the issue of whether community-based services were required. The plaintiffs had argued that the integration mandate of the ADA and its regulations (which require state government-provided services under Title II to be delivered in the most integrated setting possible) requires the provision of attendant care services in the community. Judge O'Neill disagreed, and held that states may choose how to structure their own benefits and may provide services in the setting they believe is appropriate. The ADA only prevents the denial of services on the basis of disability, not the structure or location of provision of those services. Here, the state had claimed that providing services in the community would cost more money. Judge O'Neill found this justification to be sufficient.

Plaintiff Helen L. also filed a motion for summary judgment on a constitutional claim, as she argued that the state had violated the U.S. Constitution's 14th Amendment Due Process Clause in holding her in an institution against her will. The district court held that there were issues of fact to resolve, and that parties should continue discovery.

The plaintiffs then appealed to the U.S. Court of Appeals for the Third Circuit on the issue of whether the ADA requires community-based services when appropriate. The U.S. Department of Justice filed a brief in the case supporting the position of the plaintiffs. On January 31, 1995, the Court of Appeals reversed the District Court and found that the plaintiffs had established a violation of the ADA. Judge Theodore McKee, writing for a three-judge panel, examined the text and history of the ADA and determined that Congress intended to prevent the warehousing of individuals with disabilities. The unnecessary institutionalization of individuals with disabilities violates the integration mandate of the ADA and its accompanying regulations. The Third Circuit declined to rehear this case on February 24, 1995. This decision was a landmark in disability rights law; it marked the first use of the integration mandate in a deinstitutionalization case. The Supreme Court declined to hear this case, 516 U.S. 813 (1995) (cert. denied), but the Court would later adopt similar reasoning in Olmstead v. L.C. ex. rel. Zimring, 527 U.S. 581 (1999).

On March 6, 1995, the case was remanded to the District Court with an instruction to enter a preliminary injunction in favor of the plaintiffs. The defendants filed an answer shortly thereafter, but no additional litigation occurred; instead, on May 9, 1996, the plaintiffs seem to have filed a stipulation of dismissal of the lawsuit, which was accordingly dismissed on June 7, 1996. (Perhaps there was a settlement, but if so, its terms are not in the court filings.)

Summary Authors

Beth Kurtz (10/19/2012)

People


Judge(s)

Cowen, Robert E. (New Jersey)

Mansmann, Carol Los (Pennsylvania)

McKee, Theodore Alexander (Pennsylvania)

O'Neill, Thomas Newman Jr. (Pennsylvania)

Attorneys(s) for Plaintiff

Gilhool, Thomas K. (Pennsylvania)

Gold, Stephen F. (Pennsylvania)

Kahne, David Alfred (Texas)

Shane, Ilene W. (Pennsylvania)

Attorneys(s) for Defendant

Forney, Susan J. (Pennsylvania)

Ulan, Howard (Pennsylvania)

Judge(s)

Cowen, Robert E. (New Jersey)

Mansmann, Carol Los (Pennsylvania)

McKee, Theodore Alexander (Pennsylvania)

O'Neill, Thomas Newman Jr. (Pennsylvania)

Attorneys(s) for Plaintiff

Gilhool, Thomas K. (Pennsylvania)

Gold, Stephen F. (Pennsylvania)

Kahne, David Alfred (Texas)

Shane, Ilene W. (Pennsylvania)

Attorneys(s) for Defendant

Forney, Susan J. (Pennsylvania)

Ulan, Howard (Pennsylvania)

Documents in the Clearinghouse

Document

Docket

June 7, 1996 Docket
36

District Court Opinion

1994 WL 22714

Jan. 27, 1994 Order/Opinion

Third Circuit Opinion

U. S. Court of Appeals for the Third Circuit

46 F.3d 325

Feb. 2, 1995 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

MOTION by PLAINTIFF HELEN L. TO PROCEED IN FORMA PAUPERIS , DECLARATION IN SUPPORT (cj) (Entered: 10/21/1992)

Oct. 21, 1992

Standard Case Management Track. (cj) (Entered: 10/21/1992)

Oct. 21, 1992
2

ORDER GRANTING [1−1] MOTION TO PROCEED IN FORMA PAUPERIS ( SIGNED BY JUDGE THOMAS N. O'NEILL JR. ) 10/26/92 ENTERED AND COPIES MAILED. (ph) (Entered: 10/26/1992)

Oct. 23, 1992
3

Complaint. (ph) (Entered: 10/26/1992)

Oct. 23, 1992

Summons(es) on complaint issued Forwarded to: S.F. GOLD, Esq. 10/26/92 (ph) (Entered: 10/26/1992)

Oct. 23, 1992
4

ORDER, SET PRETRIAL CONFERENCE FOR 9:15 1/28/93 ( SIGNED BY JUDGE THOMAS N. O'NEILL JR. ) 10/26/92 ENTERED AND COPIES MAILED. (ph) (Entered: 10/26/1992)

Oct. 23, 1992
5

Amended complaint by PLAINTIFF HELEN L. amending [3−1] complaint by D. BEVERLY, H. FLORENCE, F. ILENE, Certificate of service (ph) (Entered: 11/09/1992)

Nov. 6, 1992
6

MOTION BY DEFTS' ALBERT DIDARIO AND KAREN F. SNIDER FOR ENLARGEMENT OF TIME TO RESPOND TO AMENDED COMPLAINT , CERTIFICATE OF SERVICE. (jy) (Entered: 12/04/1992)

Dec. 3, 1992
7

ORDER THAT UPON CONSIDERATION OF DEFTS' UNOPPOSED MOTION TO EXTEND BY 30 DAYS THE TIME WITHIN WHICH DEFTS MUST RESPOND TO THE AMENDED COMPLAINT, THE MOTION IS GRANTED. DEFTS SHALL SERVE THEIR RESPONSE TO THE AMENDED COMPLAINT ON OR BEFORE 12/23/92 . ( SIGNED BY JUDGE THOMAS N. O'NEILL JR. )

Dec. 8, 1992
9

Appearance by DAVID A. KAHNE for PLAINTIFF HELEN L., PLAINTIFF D. BEVERLY, PLAINTIFF H. FLORENCE, PLAINTIFF F. ILENE (sc) (Entered: 01/06/1993)

Jan. 5, 1993
10

MOTION by DEFENDANT ALBERT DIDARIO, DEFENDANT KAREN F. SNIDER TO EXTEND TIME TO RESPOND TO PLAINTIFFS' FIRST SET OF INTERROGATORIES , MEMORANDUM, CERTIFICATE OF SERVICE. (ph) (Entered: 02/19/1993)

Feb. 18, 1993
11

ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION TO EXTEND TIME TO RESPOND TO PLAINTIFFS' FIRST SET OF INTERROGATORIES ( SIGNED BY JUDGE THOMAS N. O'NEILL JR. ) 3/4/93 ENTERED AND COPIES MAILED. (ph) (Entered: 03/04/1993)

March 3, 1993
12

MOTION by PLAINTIFF H. FLORENCE FOR REMOVAL FROM CASE , CERTIFICATE OF SERVICE. (ph) (Entered: 04/29/1993)

April 29, 1993
13

MOTION by PLAINTIFF D. BEVERLY, PLAINTIFF F. ILENE FOR PRELIMINARY INJUNCTION , MEMORANDUM, CERTIFICATE OF SERVICE. (ph) (Entered: 05/03/1993)

May 3, 1993
14

Appearance of HOWARD ULAN for DEFENDANT ALBERT DIDARIO, DEFENDANT KAREN F. SNIDER (ph) (Entered: 05/04/1993)

May 3, 1993
15

Withdrawal of appearance by SUSAN J. FORNEY for DEFENDANT ALBERT DIDARIO, DEFENDANT KAREN F. SNIDER (ph) (Entered: 05/04/1993)

May 3, 1993
16

Answer by DEFENDANT ALBERT DIDARIO, DEFENDANT KAREN F. SNIDER to [13−1] MOTION FOR PRELIMINARY INJUNCTION, certificate of service. (gm) (Entered: 05/18/1993)

May 17, 1993
17

Brief by DEFENDANT ALBERT DIDARIO, DEFENDANT KAREN F. SNIDER in opposition to plaintiff's [13−1] MOTION FOR PRELIMINARY INJUNCTION, certificate of service. (gm) (Entered: 05/18/1993)

May 17, 1993
18

ORDER GRANTING PLAINTIFF'S MOTION FOR REMOVAL FROM CASE ( SIGNED BY JUDGE THOMAS N. O'NEILL JR. ) 5/19/93 ENTERED AND COPIES MAILED. (ph) (Entered: 05/19/1993)

May 18, 1993
19

MOTION by PLAINTIFF D. BEVERLY, PLAINTIFF F. ILENE FOR SUMMARY JUDGMENT , MEMORANDUM, CERTIFICATE OF SERVICE. (ph) (Entered: 06/25/1993)

June 25, 1993
20

Counsels' Stipulation of Facts (ph) (Entered: 06/25/1993)

June 25, 1993
21

CROSS MOTION by DEFENDANT ALBERT DIDARIO, DEFENDANT KAREN F. SNIDER FOR SUMMARY JUDGMENT , BRIEF, CERTIFICATE OF SERVICE. (ph) (Entered: 07/13/1993)

July 13, 1993
22

Response by PLAINTIFF HELEN L., PLAINTIFF D. BEVERLY, PLAINTIFF F. ILENE to defendants' brief for summary judgment, Certificate of service (ph) (Entered: 07/22/1993)

July 21, 1993
23

MOTION by DEFENDANT ALBERT DIDARIO, DEFENDANT KAREN F. SNIDER TO STAY DISCOVERY PENDING RULING ON MOTION FOR SUMMARY JUDGMENT ON COUNT II , MEMORANDUM, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (ph) (Entered: 07/22/1993)

July 22, 1993
24

MOTION by DEFENDANT ALBERT DIDARIO, DEFENDANT KAREN F. SNIDER FOR SUMMARY JUDGMENT ON COUNT II , MEMORANDUM, CERTIFICATE OF SERVICE. (ph) (Entered: 07/22/1993)

July 22, 1993
25

MOTION by PLAINTIFF HELEN L., PLAINTIFF D. BEVERLY, PLAINTIFF F. ILENE TO COMPEL ANSWERS TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS , MEMORANDUM, CERTIFICATE OF SERVICE. (ph) (Entered: 07/22/1993)

July 22, 1993
26

ORDER GRANTING DEFENDANTS' MOTION TO STAY DISCOVERY; DENYING DEFENDANTS' MOTION TO COMPEL WITHOUT PREJUDICE TO ITS RENEW IF APPROPRIATE, ETC. (SIGNED BY JUDGE THOMAS N. O'NEILL JR.) 7/26/93 ENTERED AND COPIES MAILED. (fe) (Entered: 07/26/1993)

July 23, 1993
27

Memorandum by PLAINTIFF HELEN L. in opposition to [24−1] MOTION FOR SUMMARY JUDGMENT ON COUNT II, Affidavit in opposition to material facts, Verification, Affidavits, Certificate of service (ph) (Entered: 08/05/1993)

Aug. 5, 1993
28

Defts Response to Plff's memo of law, cert of serv. (fe) (Entered: 08/18/1993)

Aug. 18, 1993
29

MOTION by MOVANT AMERICAN DISABLED FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE , CERTIFICATE OF SERVICE. (Attached) (ph) (Entered: 10/27/1993)

Oct. 26, 1993
30

ORDER GRANTING A.D.A.P.T.'S MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE ( SIGNED BY JUDGE THOMAS N. O'NEILL JR. ) 10/29/93 ENTERED AND COPIES MAILED. (ph) (Entered: 10/29/1993)

Oct. 28, 1993
31

Brief of Amicus Curiae by MOVANT AMERICAN DISABLED (ph) (Entered: 10/29/1993)

Oct. 28, 1993
32

MOTION by DEFENDANT ALBERT DIDARIO, DEFENDANT KAREN F. SNIDER FOR LEAVE TO RESPOND TO AMICUS BRIEF , CERTIFICATE OF SERVICE. (Attached) (ph) (Entered: 11/05/1993)

Nov. 4, 1993
33

ORDER GRANTING DEFENDANTS' MOTION FOR LEAVE TO RESPOND TO AMICUS BRIEF ( SIGNED BY JUDGE THOMAS N. O'NEILL JR. ) 11/9/93 ENTERED AND COPIES MAILED. (ph) (Entered: 11/09/1993)

Nov. 9, 1993
34

Response by DEFENDANT ALBERT DIDARIO, DEFENDANT KAREN F. SNIDER to Brief of Amicus Curiae, Certificate of service (ph) (Entered: 11/09/1993)

Nov. 9, 1993
35

Amended Stipulation of facts, Certification of counsel, Certificate of service (ph) (Entered: 01/27/1994)

Jan. 27, 1994
36

MEMORANDUM AND ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON COUNT II; GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON COUNT I; JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFFS ON COUNT 1 OF THE AMENDED COMPLAINT; DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT; DENYING MOTION FOR PRELIMINARY INJUNCTION ( SIGNED BY JUDGE THOMAS N. O'NEILL JR. ) 1/27/94 ENTERED AND COPIES MAILED. (ph) (Entered: 01/27/1994)

Jan. 27, 1994
37

MOTION BY MOVANT IDEL S. FOR SUMMARY JUDGMENT , CERTIFICATE OF UNCONTESTED MOTION, CERTIFICATE OF SERVICE. (ar) (Entered: 01/28/1994)

Jan. 27, 1994

MOTION BY PLAINTIFF D. BEVERLY, PLAINTIFF F. ILENE TO WITHDRAW MOTION FOR SUMMARY JUDGMENT , CERTIFICATE OF UNCONTESTED MOTION, CERTIFICATE OF SERVICE. (SEE DOCUMENT #37) (ar) (Entered: 01/28/1994)

Jan. 27, 1994
38

MOTION BY MOVANT IDEL S. TO PERMISSIVELY JOIN A PARTY , CERTIFICATE OF UNCONTESTED MOTION, CERTIFICATE OF SERVICE. (ar) (Entered: 01/28/1994)

Jan. 27, 1994
39

MOTION BY PLAINTIFF D. BEVERLY, PLAINTIFF F. ILENE TO DISMISS WITH PREJUDICE , CERTIFICATE OF UNCONTESTED MOTION, CERTIFICATE OF SERVICE. (ar) (Entered: 01/28/1994)

Jan. 27, 1994
40

ORDER GRANTING BEVERLY D. AND EILEEN F.'S MOTION TO DISMISS WITH PREJUDICE; GRANTING IDELL S.'S MOTION TO PERMISSIVELY JOIN A PARTY; DENYING IDELL S.'S MOTION FOR SUMMARY JUDGMENT ( SIGNED BY JUDGE THOMAS N. O'NEILL JR. ) 2/2/94 ENTERED AND COPIES MAILED. (ph) (Entered: 02/02/1994)

Feb. 2, 1994
41

UNCONTESTED MOTION by PLAINTIFF IDEL S. FOR JUDGMENT PURSUANT TO FRCP 54(b) , CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (ph) (Entered: 02/03/1994)

Feb. 3, 1994
42

ORDER GRANTING PLAINTIFF IDELL S' MOTION FOR JUDGMENT PURSUANT TO FRCP 54(b); THE COURT DIRECTS THE CLERK OF COURT TO ENTER FINAL JUDGMENT IN FAVOR OF DEFENDANTS ON IDELL S' ADA CLAIM PURSUANT TO FRCP 54(b) ( SIGNED BY JUDGE THOMAS N. O'NEILL JR. ) 2/8/94 ENTERED AND COPIES MAILED. (ph) (Entered: 02/08/1994)

Feb. 8, 1994
43

Notice of appeal by PLAINTIFF IDEL S. . Fee Status: not paid. Copies to: JUDGE THOMAS N. O'NEILL JR. , Clerk USCA, Appeals Clerk, and THOMAS K. GILHOOL, DAVID A. KAHNE, HOWARD ULAN, SUSAN J. FORNEY, Certificate of service (ph) (Entered: 02/15/1994)

Feb. 14, 1994
44

Copy of Clerk's notice to USCA re: [43−1] appeal . (ph) (Entered: 02/15/1994)

Feb. 14, 1994
45

Notice of appeal by DEFENDANT ALBERT DIDARIO . Fee Status: paid . Copies to: JUDGE THOMAS N. O'NEILL JR. , Clerk USCA, Appeals Clerk, and STEPHEN F. GOLD, THOMAS K. GILHOOL, ILENE W. SHANE, DAVID A. KAHNE, SUSAN J. FORNEY (ph) (Entered: 02/17/1994)

Feb. 16, 1994
46

Copy of Clerk's notice to USCA re: [45−1] appeal . (ph) (Entered: 02/17/1994)

Feb. 16, 1994
47

MOTION by PLAINTIFF F. ILENE (DISABLED IN ACTION) TO VOLUNTARILY DISMISS , CERTIFICATE, CERTIFICATE OF SERVICE. (ph) (Entered: 02/17/1994)

Feb. 16, 1994
48

Copy of TPO form ref: [43−1] appeal, certificate of service. (fe) (Entered: 02/18/1994)

Feb. 18, 1994
49

ORDER DATED 2/18/94 THAT PLAINTIFF DISABLED IN ACTIONS' UNCONTESTED [47−1] MOTION TO VOLUNTARILY DISMISS IS GRANTED, AND DISABLED IN ACTION IS HEREBY DISMISSED FROM THIS LAWSUIT. (SIGNED BY JUDGE THOMAS N. O'NEILL JR.) 2/18/94 ENTERED AND COPIES MAILED. (fe) Modified on 02/18/1994 (Entered: 02/18/1994)

Feb. 18, 1994

Notice of Docketing ROA from USCA Re: [43−1] appeal USCA NUMBER: 92−1243 . 2/22/94 (ph) Modified on 05/16/1994 (Entered: 02/22/1994)

Feb. 18, 1994

RECORD COMPLETE FOR PURPOSES OF APPEAL. TRANSCRIPTS NOT NEEDED. (mk) (Entered: 02/22/1994)

Feb. 22, 1994

Notice of Docketing ROA from USCA Re: [45−1] appeal. USCA NUMBER: 94−1255 filed in USCA on 2/23/94. (fe) (Entered: 02/24/1994)

Feb. 23, 1994
50

Copy of TPO form ref: [45−1] appeal . (ph) (Entered: 03/02/1994)

March 2, 1994
51

Certified copy of order from USCA. Re: 5/16/94 [45−1] appeal DISMISSING [0−0] case for lack of appellate jurisdiction (ph) (Entered: 05/16/1994)

May 16, 1994
52

MOTION by PLAINTIFF HELEN L. TO ADD PARTIES AND/OR TO AMEND [5−1] AMENDED COMPLAINT , MEMORANDUM, CERTIFICATE OF SERVICE. (ph) (Entered: 06/16/1994)

June 16, 1994
53

Certificate of service by PLAINTIFF HELEN L., PLAINTIFF D. BEVERLY, PLAINTIFF F. ILENE, PLAINTIFF IDEL S. Re: served copy of plaintiff's motion to add parties and/or amend the complaint together with memorandum of law on 6/16/94, by US certified mail on counsel for defendants (ph) (Entered: 06/20/1994)

June 20, 1994
54

Memorandum by DEFENDANT ALBERT DIDARIO, DEFENDANT KAREN F. SNIDER in opposition to [52−1] MOTION TO ADD PARTIES AND/OR TO AMEND [5−1] AMENDED COMPLAINT, Certificate of service (ph) (Entered:

June 30, 1994
56

ORDER DENYING PLAINTIFF'S MOTION TO ADD PARTIES AND/OR TO AMEND [5−1] AMENDED COMPLAINT ETC ( SIGNED BY JUDGE THOMAS N. O'NEILL JR. ) 7/14/94 ENTERED AND COPIES MAILED. (ph) (Entered: 07/14/1994)

July 13, 1994
57

NOTICE OF DISMISSAL AND ORDER THAT THE CLAIMS OF ONE PLAINTIFF, HELEN L., ARE DISMISSED. (SIGNED BY JUDGE THOMAS N. O'NEILL, JR.) 8/16/94 ENTERED AND COPIES MAILED. (jy) (Entered: 08/16/1994)

Aug. 16, 1994
58

MOTION by PLAINTIFF IDEL S. TO AMEND [5−1] AMENDED COMPLAINT , OR IN THE ALTERNATIVE FOR JOINDER OF PLAINTIFFS , MEMORANDUM, CERTIFICATE OF SERVICE. (ATTACHED) (ph) Modified on 02/08/1995 (Entered: 02/08/1995)

Feb. 8, 1995
59

ORDER GRANTING PLAINTIFF'S MOTION TO AMEND [5−1] AMENDED COMPLAINT, GRANTING MOTION FOR JOINDER OF PLAINTIFFS SIGNED BY JUDGE THOMAS N. O'NEILL JR. ) 3/2/95 ENTERED AND COPIES MAILED. (ph) (Entered: 03/02/1995)

March 2, 1995
60

Amended complaint by PLAINTIFF IDEL S. , amending [5−1] amended complaint adding ANTHONY D., RICHARD D., TINA T. as plaintiffs. (ph) (Entered: 03/02/1995)

March 2, 1995
61

Certified copy of order from USCA. Re: 3/7/95 that the judgment of the District Court entered 2/8/94, be, and the same is hereby vacated and the cause remanded to the District Court with instruction to enter judgment in favor of plaintiff, IDELL S., and against defendant (ph) (Entered: 03/07/1995)

March 6, 1995
62

MOTION by DEFENDANT ALBERT DIDARIO, DEFENDANT KAREN F. SNIDER FOR MORE DEFINITE STATEMENT , CERTIFICATE OF SERVICE. (ph) (Entered: 03/21/1995)

March 21, 1995
63

ORDER WITHDRAWING DEFENDANTS' MOTION FOR MORE DEFINITE STATEMENT ( SIGNED BY JUDGE THOMAS N. O'NEILL JR. ) 3/31/95 ENTERED AND COPIES MAILED. (ph) (Entered: 03/31/1995)

March 30, 1995
64

Answer by ALBERT DIDARIO, KAREN F. SNIDER to second amended complaint, Certificate of service (ph) (Entered: 04/17/1995)

April 17, 1995
65

Notice pursuant to Rule 41.1(a). 5/9/96 Copies to STEPHEN F. GOLD, THOMAS K. GILHOOL, ILENE W. SHANE, DAVID A. KAHNE, HOWARD ULAN. Deadline for Rule 41a: 6/9/96 (ph) (Entered: 05/09/1996)

May 9, 1996
66

Stipulation of dismissal by PLAINTIFF D. BEVERLY, PLAINTIFF F. ILENE, PLAINTIFF IDEL S., PLAINTIFF ANTHONY D., PLAINTIFF RICHARD D., PLAINTIFF TINA T. as to DEFENDANT ALBERT DIDARIO, DEFENDANT KAREN F. SNIDER, Certificate of service (ph) (Entered: 06/10/1996)

June 7, 1996

Case closed (kv) (Entered: 06/11/1996)

June 7, 1996

State / Territory: Pennsylvania

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Oct. 1, 1992

Closing Date: June 7, 1996

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were individuals with disabilities who reside in institutions so that they may receive medical care that might otherwise have been provided in a community-based setting.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Steve Gold

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Albert DiDario (Philadelphia), State

Pennsylvania Department of Public Welfare, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Issues

General:

Classification / placement

Deinstitutionalization/decarceration

Public assistance grants

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Mobility impairment

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Type of Facility:

Government-run

Benefit Source:

Medicaid