Case: Mumford v. Department of Public Welfare

2:11-cv-03312 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: May 20, 2011

Closed Date: Oct. 18, 2011

Clearinghouse coding complete

Case Summary

The plaintiffs in this case are three individuals with dual diagnoses of mental illness and intellectual disability. They receive services and support in order to remain in the community through Pennsylvania Medicaid's Consolidated Waiver program. After each plaintiff experienced a change in his/her condition (i.e. a specific episode caused by mental illness that necessitated increased care), the plaintiffs were briefly institutionalized in psychiatric hospitals. The disruption in services crea…

The plaintiffs in this case are three individuals with dual diagnoses of mental illness and intellectual disability. They receive services and support in order to remain in the community through Pennsylvania Medicaid's Consolidated Waiver program. After each plaintiff experienced a change in his/her condition (i.e. a specific episode caused by mental illness that necessitated increased care), the plaintiffs were briefly institutionalized in psychiatric hospitals. The disruption in services created a range problems when the plaintiffs sought to resume waiver services. The level of care offered under the waiver was allegedly insufficient, which put the plaintiffs at risk of future institutionalization. In addition, the plaintiffs faced numerous administrative challenges in securing services. One of the plaintiffs could not be discharged from an institutionalization without a promise of more extensive services than could be put in place under the waiver.

The plaintiffs filed suit in the U.S. District Court for the Eastern District of Pennsylvania on May 20, 2011. The complaint alleged that the state placed the plaintiffs at risk of unnecessary institutionalization in violation of the ADA under the Supreme Court precedent Olmstead v. L.C. The complaint also alleged violations of Section 504 of the Rehabilitation Act of 1973 and that the insufficient waiver services amount to violations of the Medicaid Act.

Although the plaintiffs filed a motion for a temporary restraining order and preliminary injunction, the case was resolved before any decision was necessary. Two of the three plaintiffs were moved to community placements with sufficient support services, while the state had taken some steps to ensure that the third plaintiff would be moved in a timely fashion. Judge Joel H. Slomsky approved the parties' stipulation of dismissal and settlement on October 18, 2011.

Summary Authors

Beth Kurtz (1/5/2013)

People


Judge(s)

Slomsky, Joel Harvey (Pennsylvania)

Attorneys(s) for Plaintiff

Meek, Robert W. (Pennsylvania)

Murphy, Mark J. (District of Columbia)

Resnick, Robin (Pennsylvania)

Attorneys(s) for Defendant

Kelly, Linda L. (Pennsylvania)

Kramer, Barry N. (Pennsylvania)

Judge(s)

Slomsky, Joel Harvey (Pennsylvania)

Attorneys(s) for Plaintiff

Meek, Robert W. (Pennsylvania)

Murphy, Mark J. (District of Columbia)

Resnick, Robin (Pennsylvania)

Attorneys(s) for Defendant

Kelly, Linda L. (Pennsylvania)

Kramer, Barry N. (Pennsylvania)

Documents in the Clearinghouse

Document

2:11-cv-03312

Docket

Feb. 9, 2012

Feb. 9, 2012

Docket
3

2:11-cv-03312

Amended Complaint

Mumford v. Department of Public Welfare of the Commonwealth of Pennsylvania

June 3, 2011

June 3, 2011

Complaint
4

2:11-cv-03312

Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction

Mumford v. Pennsylvania Department of Public Welfare

June 9, 2011

June 9, 2011

Pleading / Motion / Brief
8

2:11-cv-03312

Stipulation and Order for Preliminary Injunction

Mumford v. Department of Public Welfare of the Commonwealth of Pennsylvania

June 10, 2011

June 10, 2011

Order/Opinion
16

2:11-cv-03312

Settlement Agreement

Mumford v. Department of Public Welfare of the Commonwealth of Pennsylvania

Oct. 18, 2011

Oct. 18, 2011

Settlement Agreement

Resources

Docket

Last updated Aug. 12, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link

Summons Issued as to GARY ALEXANDER, DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTHOF PENNSYLVANIA. Two Forwarded To: Counsel on May 20, 2011 (mima, ) (Entered: 05/20/2011)

May 20, 2011

May 20, 2011

2

SUMMONS Returned Executed by LYKEH MUMFORD, JOSEPH YALE re: Lan Do served Summons and Complaint upon All Defendants by On DPW &PA AG's Office. All Defendants. (MEEK, ROBERT) (Entered: 05/31/2011)

May 31, 2011

May 31, 2011

3

AMENDED COMPLAINT against GARY ALEXANDER, DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTHOF PENNSYLVANIA, filed by LYKEH MUMFORD, JOSEPH YALE, KAREN LYN BLAKELY.CERTIFICATE OF SERVICE.(kk, ) (Entered: 06/06/2011)

June 3, 2011

June 3, 2011

2 Summons Issued as to GARY ALEXANDER, DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTHOF PENNSYLVANIA. Forwarded To: PLAINTIFF'S COUNSEL on 6/6/2011 (kk, ) (Entered: 06/06/2011)

June 3, 2011

June 3, 2011

4

MOTION for Temporary Restraining Order and Preliminary Injunction filed by KAREN LYN BLAKELY, LYKEH MUMFORD, JOSEPH YALE.Memorandum of Law, Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Proposed TRO, # 11 Proposed PI Order)(MEEK, ROBERT) (Entered: 06/09/2011)

June 9, 2011

June 9, 2011

5

NOTICE of Appearance by BARRY N. KRAMER on behalf of GARY ALEXANDER, DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTHOF PENNSYLVANIA with Cert of Service(KRAMER, BARRY) (Entered: 06/09/2011)

June 9, 2011

June 9, 2011

6

NOTICE by GARY ALEXANDER, DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTHOF PENNSYLVANIA Kathy Grogan, Esquire, Entry of Appearance (KRAMER, BARRY) (Entered: 06/09/2011)

June 9, 2011

June 9, 2011

7

ORDER THAT A HEARING AND ORAL ARGUMENT ON PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER (DOC. NO.4) SHALL BE HELD ON 6/10/2011 03:00 PM IN COURTROOM BEFORE HONORABLE JOEL H. SLOMSKY. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 6/9/2011. 6/9/2011 ENTERED AND COPIES E−MAILED.(kk, ) (Entered: 06/09/2011)

June 9, 2011

June 9, 2011

8

STIPULATION AND ORDER THAT THE PLAINTIFFS MOTION FOR A TEMPORARY RESTRAINING ORDER SHALL BE WITHDRAWN; ETC. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 6/10/2011. 6/10/2011 ENTERED AND COPIES E−MAILED.(kk, ) (Entered: 06/10/2011)

June 10, 2011

June 10, 2011

9

ANSWER to 3 Amended Complaint by GARY ALEXANDER, DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTHOF PENNSYLVANIA with Affirmative Defenses, Certificate of Service. (KRAMER, BARRY) Modified on 6/23/2011 (nd, ). (Entered: 06/21/2011)

June 21, 2011

June 21, 2011

10

ORDER THAT A PRETRIAL CONFERENCE SHALL BE HELD ON 8/3/2011 04:00 PM IN JUDGE CHAMBERS BEFORE HONORABLE JOEL H. SLOMSKY, ETC. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 6/21/2011. 6/21/2011 ENTERED AND COPIES E−MAILED.(kk, ) (Entered: 06/21/2011)

June 21, 2011

June 21, 2011

11

Discovery Plan by All Parties.(MEEK, ROBERT) (Entered: 07/21/2011)

July 21, 2011

July 21, 2011

12

SCHEDULING ORDER THAT THE PARTIES SHALL APPEAR FOR A HEARING ON PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION (DOC. NO. 4) ON 9/21/2011, AT 11:00 AM, IN COURTROOM TO BE DETERMINED. ALL FACT DISCOVERY IS DUE BY 9/15/2011. ALL MOTIONS FOR SUMMARY JUDGMENT AND DAUBERT MOTIONS ARE DUE BY 12/8/2011. NO LATER THAN 1/5/2012, THE PARTIES SHALL FILE THEIR PRETRIAL MEMORANDA. ALL MOTIONS IN LIMINE AND ANY OTHER PRETRIAL MOTIONS SHALL BE FILED NO LATER THAN 1/19/2012. A FINAL PRETRIAL CONFERENCE IS SET FOR 2/3/2012, AT 3:00 PM IN CHAMBERS (ROOM 5614). THIS CASE WILL BE LISTED FOR TRIAL ON 2/10/2012, AT 9:30 AM, IN A COURTROOM TO BE DETERMINED. ALL FURTHER DEADLINES AND INSTRUCTIONS ARE AS OUTLINED HEREIN. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 8/4/2011. 8/5/2011 ENTERED AND COPIES E−MAILED.(amas) (Entered: 08/05/2011)

Aug. 5, 2011

Aug. 5, 2011

Set/Reset Hearings: MISCELLANEOUS HEARING SET FOR 9/21/2011 11:00 AM IN COURTROOM BEFORE HONORABLE JOEL H. SLOMSKY. (amas, ) (Entered: 08/05/2011)

Aug. 5, 2011

Aug. 5, 2011

13

Minute Entry for proceedings held before HONORABLE JOEL H. SLOMSKY: TELEPHONE STATUS CONFERENCE held on 8/3/2011. (amas) (Entered: 08/05/2011)

Aug. 5, 2011

Aug. 5, 2011

14

AMENDED SCHEDULING ORDER: DISCOVERY DUE BY 9/30/2011, PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION HEARING SET FOR 10/21/2011 10:00 AM BEFORE HONORABLE JOEL H. SLOMSKY. 9/6/2011 ENTERED AND COPIES E−MAILED.(stwe, ) (Entered: 09/06/2011)

Sept. 6, 2011

Sept. 6, 2011

15

SETTLEMENT AGREEMENT by GARY ALEXANDER, DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTHOF PENNSYLVANIA. (KRAMER, BARRY) (Entered: 10/05/2011)

Oct. 5, 2011

Oct. 5, 2011

16

SETTLEMENT AGREEMENT WITH THE HONORABLE JUDGE JOEL H. SLOMSKY'S APPROVAL. (kk, ) (Entered: 10/19/2011)

Oct. 18, 2011

Oct. 18, 2011

17

STIPULATION of Dismissal by GARY ALEXANDER, KAREN LYN BLAKELY, DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTHOF PENNSYLVANIA, LYKEH MUMFORD, JOSEPH YALE. (MEEK, ROBERT) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

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: May 20, 2011

Closing Date: Oct. 18, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are three individuals with both intellectual disabilities and psychiatric disorders. They receive Medicaid services through the state's Consolidated Waiver program.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Pennsylvania Department of Public Welfare, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Deinstitutionalization/decarceration

Habilitation (training/treatment)

Individualized planning

Pattern or Practice

Payment for care

Placement in mental health facilities

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Wait lists

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Mental impairment

Benefit Source:

Medicaid