Case: J.H. v. Dallas

1:15-cv-02057 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: Oct. 22, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 22, 2015, individuals who had been found incompetent to stand trial on criminal charges filed this lawsuit in the United States District Court for the Middle District of Pennsylvania. The plaintiffs sued the Pennsylvania Department of Human Services, Norristown State Hospital, and Torrance State Hospital under 42 U.S.C. § 1983 and 42 U.S.C. § 12132 (the Americans with Disabilities Act). Represented by the ACLU of Pennsylvania and private counsel, they asked the court for class certif…

On October 22, 2015, individuals who had been found incompetent to stand trial on criminal charges filed this lawsuit in the United States District Court for the Middle District of Pennsylvania. The plaintiffs sued the Pennsylvania Department of Human Services, Norristown State Hospital, and Torrance State Hospital under 42 U.S.C. § 1983 and 42 U.S.C. § 12132 (the Americans with Disabilities Act). Represented by the ACLU of Pennsylvania and private counsel, they asked the court for class certification (a class of plaintiffs waiting in jails for placement and a class of plaintiffs in state hospitals who were unlikely to be declared competent) and declaratory and injunctive relief, including a preliminary injunction. The case was assigned to Judge Sylvia H. Rambo.

The individuals who were declared incompetent to stand trial suffered from a range of mental health issues, including intellectual and cognitive disabilities, traumatic brain injury, and mental illness, including serious mental illness and dementia. When a court would rule that an individual was incompetent to stand trial on criminal charges, it would stay the proceedings and then order treatment to restore competency. If, at some point, the individual became competent, the criminal charges could be reinstated. Once a court issued an order for competency restoration treatment, the person was transferred to a mental health facility to be treated. Upon issuance of the court order, responsibility for the criminal defendant was immediately transferred to the state’s Department of Human Services.

The plaintiffs claimed that DHS’s denial of timely treatment, and failure to address delays, violated the Due Process Clause of the Fourteenth Amendment, Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the regulations promulgated under the ADA and the Rehabilitation Act, and court orders. Specifically, the plaintiffs claimed that DHS’s failure to allocate sufficient resources for providing competency restoration treatment resulted in some of the longest delays in the country: many criminal defendants waited more than a year, while some federal courts had deemed more than seven days’ wait unconstitutional). These delays caused the plaintiffs to spend time in jail, where there was minimal to no mental health care, and they often suffered in solitary confinement.

On January 27, 2016, the parties filed, and the court approved, a settlement agreement enforceable by the court for three years. The state agreed not to oppose class certification for those plaintiffs waiting in jails for placement. It also agreed to allocate necessary resources to remove currently incarcerated class members from jails, and to prevent future jail detentions beyond constitutionally allowable times, including the creation of new placement options and making at least $1 million available to create supportive housing opportunities in Philadelphia. The DHS would also assess every person on waiting lists for treatment at Norristown State Hospital or Torrance State Hospital, as well as every person currently confined at either hospital by order of a criminal court, to determine which criminal defendants were eligible for less-restrictive placement.

The parties agreed to postpone the impending preliminary injunction while they worked together to develop a strategic plan for reducing wait times and attempted to negotiate a maximum allowable wait time, which would be incorporated into the settlement agreement. The state agreed to pay the plaintiffs’ costs and attorneys’ fees.

On May 11, 2017, the plaintiffs, claiming that the state was failing to meet the requirements of the settlement, again moved for a preliminary injunction. Although the state had added additional resources as required by the settlement, the waitlist had grown and the wait times remained in excess of sixty days—which the state acknowledged was unconstitutional.

On June 15, 2017, the parties reached a second interim settlement agreement and the court dismissed the plaintiffs’ motion for a preliminary injunction. Under the second interim settlement agreement, the state agreed to hire an independent consultant to conduct an assessment of the state’s competency restoration systems and processes and produce a report with a recommended strategy to reduce wait times to constitutional levels. The state also agreed to add additional resources for class members over the following nine months. Following the completion of the consultant’s report, the state agreed to implement the plan or propose alternative strategies to the plaintiffs. If the parties were unable to reach an agreement, the plaintiff might again move for a preliminary injunction. The parties also agreed to attempt to reach an agreement on a maximum allowable wait time for mentally ill criminal defendants. In addition, the state agreed to pay the costs and consulting fees of the independent consultant, as well as the plaintiffs’ attorneys’ fees.

On March 19, 2019, the plaintiffs filed a renewed motion for a preliminary injunction, alleging that the state was failing to address the unconstitutional wait times. The plaintiffs requested that the court compel the state to transfer all class members to a mental health facility within seven days of the filing of a commitment order. On April 23, 2019, the state filed a response to the plaintiffs’ motion, arguing that seven days was not an appropriate legal standard, and that DHS needed twenty-one days to transfer incompetent patients.

The parties began renewed settlement discussions and the court stayed the proceedings, pending a settlement agreement, on June 3, 2019. On June 22, 2020, the court approved a joint motion to extend the second interim settlement agreement for 6 months while negotiations continued on a third settlement agreement. As of July 23, 2020, those negotiations are ongoing.

Summary Authors

Katrina Fetsch (2/21/2016)

Cade Boland (3/6/2018)

Dan Toubman (4/12/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13465153/parties/jh-v-dallas/


Judge(s)
Attorney for Plaintiff

Daniel, Lauren (District of Columbia)

Fenn, Stephen E. (District of Columbia)

Gersch, David P. (District of Columbia)

Huffman, Blake (District of Columbia)

Attorney for Defendant

Cohan, Marisa L (Pennsylvania)

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Documents in the Clearinghouse

Document

1:15-cv-02057

Docket [PACER]

June 3, 2019

June 3, 2019

Docket
1

1:15-cv-02057

Complaint for Declaratory and Injunctive Relief

Oct. 22, 2015

Oct. 22, 2015

Complaint
35

1:15-cv-02057

Settlement Agreement

Jan. 27, 2016

Jan. 27, 2016

Settlement Agreement
59

1:15-cv-02057

Second Interim Settlement Agreement

June 15, 2017

June 15, 2017

Settlement Agreement
67

1:15-cv-02057

Plaintiffs' Second Renewed and Amended Motion for Preliminary Injunction

J.H. v. Miller

March 19, 2019

March 19, 2019

Pleading / Motion / Brief
78, 78-1, 78-2

1:15-cv-02057

Brief in Opposition to Plaintiffs' Second Renewed and Amended Motion for Preliminary Injunction

J.H. v. Miller

April 23, 2019

April 23, 2019

Pleading / Motion / Brief
80

1:15-cv-02057

Order to Stay Proceedings for Plaintiffs' Second Renewed and Amended Motion for Preliminary Injunction

J.H. v. Miller

June 3, 2019

June 3, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13465153/jh-v-dallas/

Last updated March 18, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $400, Receipt Number 0314-3579758), filed by S.S., M.S., R.J.A., G.C., P.S., L.C., R.M., J.H., Jane Doe, T.S., A.B.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit(s) A-M)(aaa) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

PACER
2

MOTION to Certify Class Acting filed by A.B., G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S.. (Attachments: # 1 Proposed Order)(aaa) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

PACER
3

MOTION to Exceed Page Limitation on Class Certification Brief by A.B., G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S..(aaa) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

PACER
4

MOTION for Preliminary Injunction by A.B., G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S.. (Attachments: # 1 Proposed Order)(aaa) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

PACER
5

Summons Issued as to All Defendants and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: # 1 Summons Packet) (aaa) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

PACER

SPECIAL ADMISSION FORM SENT to Attorney Wu. (ch1)

Oct. 23, 2015

Oct. 23, 2015

PACER

DOCKET ANNOTATION: Attorney Wu generally admitted on 8/31/2015. (ch1)

Oct. 23, 2015

Oct. 23, 2015

PACER
6

Unopposed MOTION to Exceed Page Limitation on Preliminary Injunction Brief by A.B., G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S.. (Attachments: # 1 Proposed Stipulated Order, # 2 Exhibit(s) Ex A (proposed PI brief))(Walczak, Witold) (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER
7

ORDER granting pltfs' mtn to exceed page limit 6 . Parties may file briefs regarding Pltfs Mtn for PI that are up to 45 pages in length.Signed by Honorable Sylvia H. Rambo on 10/26/15. (ma) (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER
8

ORDER granting pltfs' mtn to exceed page limit 3 . Parties may file briefs regarding Pltfs Mtn for Class Certification that are up to 45 pages in length.Signed by Honorable Sylvia H. Rambo on 10/26/15. (ma) (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER
9

BRIEF IN SUPPORT of Plaintiffs' Motion for Preliminary Injunction re 4 MOTION for Preliminary Injunction filed by A.B., G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S.. (Attachments: # 1 Exhibit(s) Ex A (Declaration of Pattela), # 2 Exhibit(s) Ex B (Declaration of Messier), # 3 Exhibit(s) Ex C (Declaration of Blender), # 4 Exhibit(s) Ex D (Declaration of Law))(Wu, Paloma) (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER

DOCKET ANNOTATION: Attorney Admission paperwork and ECF registration forms mailed to Attorney Gersch, Attorney Neuman, Attorney Fenn and Attorney Killion. (lg)

Oct. 27, 2015

Oct. 27, 2015

PACER
10

Unopposed MOTION for Pretrial Conference on Preliminary Injunction Motion by A.B., G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S.. (Attachments: # 1 Proposed Order)(Walczak, Witold) (Entered: 10/29/2015)

Oct. 29, 2015

Oct. 29, 2015

PACER
11

NOTICE of Appearance by Doris M. Leisch on behalf of All Defendants (Leisch, Doris) (Entered: 10/30/2015)

Oct. 30, 2015

Oct. 30, 2015

PACER
12

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Paloma Wu on behalf of All Plaintiffs Attorney Stephen E. Fenn is seeking special admission. Filing fee $ 50, receipt number 0314-3590955.. (Wu, Paloma) (Entered: 11/03/2015)

Nov. 3, 2015

Nov. 3, 2015

PACER
13

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Paloma Wu on behalf of All Plaintiffs Attorney David P. Gersch is seeking special admission. Filing fee $ 50, receipt number 0314-3590962.. (Wu, Paloma) (Entered: 11/03/2015)

Nov. 3, 2015

Nov. 3, 2015

PACER
14

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Paloma Wu on behalf of All Plaintiffs Attorney Victoria L. Killion is seeking special admission. Filing fee $ 50, receipt number 0314-3590964.. (Wu, Paloma) (Entered: 11/03/2015)

Nov. 3, 2015

Nov. 3, 2015

PACER
15

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Paloma Wu on behalf of All Plaintiffs Attorney Nicole B. Neuman is seeking special admission. Filing fee $ 50, receipt number 0314-3590965.. (Wu, Paloma) (Entered: 11/03/2015)

Nov. 3, 2015

Nov. 3, 2015

PACER

DOCKET ANNOTATION: Petitioning attorneys and associate counsel's bar status verified. (aaa)

Nov. 4, 2015

Nov. 4, 2015

PACER
16

SPECIAL ADMISSIONS FORM APPROVED as to Victoria Killion, Esq. on behalf of PltfsSigned by Honorable Sylvia H. Rambo on 11/4/15. (ma) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

PACER
17

SPECIAL ADMISSIONS FORM APPROVED as to Nicole Neuman, Esq. on behalf of pltfs.Signed by Honorable Sylvia H. Rambo on 11/4/15. (ma) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

PACER
18

SPECIAL ADMISSIONS FORM APPROVED as to Stephen Fenn, Esq. on behalf of pltfs.Signed by Honorable Sylvia H. Rambo on 11/4/15. (ma) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

PACER
19

SPECIAL ADMISSIONS FORM APPROVED as to David Gersch, Esq. on behalf of pltfs.Signed by Honorable Sylvia H. Rambo on 11/4/15. (ma) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

PACER
20

BRIEF IN SUPPORT of Plaintiffs' Motion for Class Certification re 2 MOTION to Certify Class filed by A.B., G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S.. (Attachments: # 1 Exhibit(s) Exh. A (Transcript))(Wu, Paloma) (Entered: 11/05/2015)

Nov. 5, 2015

Nov. 5, 2015

PACER
22

ORDER: 1) A preliminary injunction hearing 4 set for 9:30 a.m. on01/25/16, and proceed, if necessary, until 2/3/16.2) Expedited discovery will commence on 11/13/15, and conclude on 1/13/16.3) Any expert reports due by 1/21/16.4) An answer to the complaint and a response to Pltfs mtn for class certification 2, at least as they pertain to the proposed Class A members who are the subject of the preliminary injunction, shall be filed by 1/19/16.Signed by Honorable Sylvia H. Rambo on 11/10/15. (ma) (Entered: 11/10/2015)

Nov. 10, 2015

Nov. 10, 2015

PACER
23

ORDER: In the event a fee petition is filed with this court, the followingrequirements shall be adhered to by counsel throughout the pendency of thislitigation for purposes of submitting such a petition:1) Conference calls are limited to two attorneys per side;2) Court sessions are limited to three attorneys per side;3) Counsel should maintain documentation that specifically identifies thesubject of research or conference calls;4) Review of work is limited to two attorneys. Signed by Honorable Sylvia H. Rambo on 11/10/15. (ma) (Entered: 11/10/2015)

Nov. 10, 2015

Nov. 10, 2015

PACER
24

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Paloma Wu on behalf of All Plaintiffs Attorney Blake Huffman is seeking special admission. Filing fee $ 50, receipt number 0314-3624852.. (Wu, Paloma) (Entered: 12/15/2015)

Dec. 15, 2015

Dec. 15, 2015

PACER
25

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Paloma Wu on behalf of All Plaintiffs Attorney Lauren Daniel is seeking special admission. Filing fee $ 50, receipt number 0314-3624886.. (Wu, Paloma) (Entered: 12/15/2015)

Dec. 15, 2015

Dec. 15, 2015

PACER

DOCKET ANNOTATION: Petitioners, Lauren Daniel and Blake Huffman, and Associate Counsel bar status verified. (pjr)

Dec. 21, 2015

Dec. 21, 2015

PACER
26

SPECIAL ADMISSIONS FORM APPROVED as to Blake Huffman, Esq. on behalf of pltfs, Signed by Honorable Sylvia H. Rambo on 12/23/15. (ma) (Entered: 12/28/2015)

Dec. 28, 2015

Dec. 28, 2015

PACER
27

SPECIAL ADMISSIONS FORM APPROVED as to Lauren Daniel, Esq. on behalf of pltfsSigned by Honorable Sylvia H. Rambo on 12/23/15. (ma) (Entered: 12/28/2015)

Dec. 28, 2015

Dec. 28, 2015

PACER
28

STIPULATION regarding Confidential Material by Theodore Dallas, Robert Snyder, Edna I. McCutcheon, filed by Theodore Dallas, Robert Snyder, Edna I. McCutcheon.(Leisch, Doris) (Entered: 12/29/2015)

Dec. 29, 2015

Dec. 29, 2015

PACER
29

Order approving Stipulation 28 .Signed by Honorable Sylvia H. Rambo on 1/4/16. (ma) (Entered: 01/04/2016)

Jan. 4, 2016

Jan. 4, 2016

PACER

DOCKET ANNOTATION: Per a teleconference held this date with counsel, the PI hearing will commence on 1/27/16 at 9:30 AM and continue 1/28/16, 1/29/16, 2/1/16 through 2/3/16 and if necessary 2/5/16. (ma)

Jan. 14, 2016

Jan. 14, 2016

PACER
31

Unopposed MOTION for Extension of Time to Respond to Motion for Class Certification by Theodore Dallas, Edna I. McCutcheon, Robert Snyder. (Attachments: # 1 Proposed Order)(Leisch, Doris) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

PACER
32

ANSWER to 1 Complaint by Theodore Dallas, Edna I. McCutcheon, Robert Snyder.(Leisch, Doris) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

PACER
33

ORDER granting the Unopposed mtn for exttm 31 to Respond to Mtn for Class Certification 2 . Brief in Opposition due by 1/21/2016.Signed by Honorable Sylvia H. Rambo on 1/20/16. (ma) (Entered: 01/20/2016)

Jan. 20, 2016

Jan. 20, 2016

PACER
34

BRIEF IN OPPOSITION re 2 MOTION to Certify Class filed by Theodore Dallas, Edna I. McCutcheon, Robert Snyder. (Attachments: # 1 Proposed Order, # 2 Exhibit(s) Messier Dep, # 3 Exhibit(s) JMA Dep, # 4 Exhibit(s) Pattela Dep, # 5 Exhibit(s) Danick Dep)(Leisch, Doris) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

PACER
35

SETTLEMENT AGREEMENT. (ma) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
37

ORDER: The mtn for a preliminary injunction 4 and all of the forthcoming case mgmnt ddls are STAYED pending further order of court. IT IS FURTHER ORDERED THAT the mtn to for class certification 2 is DEFERRED. Signed by Honorable Sylvia H. Rambo on 1/27/16. (ma) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
38

MOTION to Withdraw as Attorney for Plaintiffs by Blake Huffman by A.B., G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S.. (Attachments: # 1 Proposed Order)(Walczak, Witold) (Entered: 10/26/2016)

Oct. 26, 2016

Oct. 26, 2016

PACER
39

ORDER granting the mtn to withdraw as counsel 38 . Atty Blake Huffman terminated.Signed by Honorable Sylvia H. Rambo on 11/1/16. (ma) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER
40

MOTION for Preliminary Injunction (Amended and Revised) by G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S.. (Attachments: # 1 Proposed Order)(Walczak, Witold) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
41

MOTION to Exceed Page Limitation by G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S.. (Attachments: # 1 Exhibit(s) Exhibit A (Overlength PI brief), # 2 Proposed Order)(Walczak, Witold) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
42

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Witold J. Walczak on behalf of S.S., M.S., R.J.A., G.C., P.S., L.C., R.M., J.H., Jane Doe, T.S. Filing fee $ 50, receipt number 0314-4085379., filed by on behalf of S.S., M.S., R.J.A., G.C., P.S., L.C., R.M., J.H., Jane Doe, T.S..(Walczak, Witold) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER

DOCKET ANNOTATION: Petitioning attorney and associate counsel's bar status verified. (aaa)

May 11, 2017

May 11, 2017

PACER
43

ORDER granting pltfs' mtn to exceed page limit 41 . Parties may file briefsregarding Pltfs Mtn to Renew and Amend Motion for PI that are up to 40 pages in length.Signed by Honorable Sylvia H. Rambo on 5/11/17. (ma) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
44

SPECIAL ADMISSIONS FORM APPROVED as to Nicole Tortoriello, Esq. on behalf of pltfsSigned by Honorable Sylvia H. Rambo on 5/11/17. (ma) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
45

Brief in Support of Motion for Preliminary Injunction by G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S.. (Attachments: # 1 Exhibit(s) Exhibits TOC, # 2 Exhibit(s) Ex. A, # 3 Exhibit(s) Ex. B, # 4 Exhibit(s) Ex. C, # 5 Exhibit(s) Ex. D, # 6 Exhibit(s) Ex. E, # 7 Exhibit(s) Ex. F, # 8 Exhibit(s) Ex. G, # 9 Exhibit(s) Ex. H, # 10 Exhibit(s) Ex. I, # 11 Exhibit(s) Ex. J, # 12 Exhibit(s) Ex. K, # 13 Exhibit(s) Ex. L, # 14 Exhibit(s) Ex. M)(Walczak, Witold) (Entered: 05/13/2017)

May 13, 2017

May 13, 2017

PACER
46

Plaintiffs' Unopposed MOTION to File Documents Under Seal filed by G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S.. (Attachments: # 1 Proposed Order)(aaa) (Entered: 05/16/2017)

May 16, 2017

May 16, 2017

PACER
47

DOCUMENT(S) (Attachments: # 1 Supplement, # 2 Supplement, # 3 Supplement) (aaa) (Entered: 05/16/2017)

May 16, 2017

May 16, 2017

PACER
48

BRIEF IN SUPPORT re 40 MOTION for Preliminary Injunction (Amended and Revised) filed by G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S.. (Attachments: # 1 Exhibit(s) Exhibits TOC, # 2 Exhibit(s) Ex. A, # 3 Exhibit(s) Ex. B, # 4 Exhibit(s) Ex. C, # 5 Exhibit(s) Ex. D, # 6 Exhibit(s) Ex. E (under seal), # 7 Exhibit(s) Ex. F, # 8 Exhibit(s) Ex. G, # 9 Exhibit(s) Ex. H, # 10 Exhibit(s) Ex. I, # 11 Exhibit(s) Ex. J, # 12 Exhibit(s) Ex. K, # 13 Exhibit(s) Ex. L (under seal), # 14 Exhibit(s) Ex. M (under seal))(Walczak, Witold) (Attachment 2 replaced on 5/16/2017) (sc). (Attachment 3 replaced on 5/16/2017) (sc). (Entered: 05/16/2017)

May 16, 2017

May 16, 2017

PACER
49

MOTION to Withdraw as Attorney by Nicole Neuman by G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S.. (Attachments: # 1 Proposed Order Proposed Order)(Walczak, Witold) (Entered: 05/16/2017)

May 16, 2017

May 16, 2017

PACER
50

ORDER granting pltfs' MOTION to Seal 46 .Signed by Honorable Sylvia H. Rambo on 5/16/17. (ma) (Entered: 05/16/2017)

May 16, 2017

May 16, 2017

PACER
51

ORDER: A hearing on pltfs' MOTION for Preliminary Injunction (Amended and Revised) 40 will be hedl on 6/15/2017 @ 9:30 AM in Harrisburg - Courtroom 3 before Honorable Sylvia H. Rambo.Signed by Honorable Sylvia H. Rambo on 5/16/17. (ma) (Entered: 05/16/2017)

May 16, 2017

May 16, 2017

PACER
52

Consent MOTION to Dismiss Party A.B. by A.B., G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S.. (Attachments: # 1 Proposed Order Plaintiffs' Consent Motion for Plaintiff A.B.'s Voluntary Dismissal)(Killion, Victoria) (Entered: 05/17/2017)

May 17, 2017

May 17, 2017

PACER
53

ORDER granting the mtn to withdraw as counsel 49 filed by Attorney Nicole B Neuman.Signed by Honorable Sylvia H. Rambo on 5/18/17. (ma) (Entered: 05/18/2017)

May 18, 2017

May 18, 2017

PACER
54

ORDER granting the mtn to dismiss party 52 . A.B. (by and through his next friend J.B.) terminated.Signed by Honorable Sylvia H. Rambo on 5/18/17. (ma) (Entered: 05/18/2017)

May 18, 2017

May 18, 2017

PACER
55

NOTICE of Appearance by Matthew J. McLees on behalf of All Defendants (McLees, Matthew) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
56

First MOTION for Extension of Time to File Brief filed by Theodore Dallas, Edna I. McCutcheon, Robert Snyder.(McLees, Matthew) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
57

ORDER granting dfts' mtn for exttm 56 . Dfts shall file their bropp to pltfs' renewed and amended mtn for PI 40 by 6/6/2017.Signed by Honorable Sylvia H. Rambo on 5/30/17. (ma) (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

PACER
59

2nd INTERIM SETTLEMENT AGREEMENT by Theodore Dallas, G.C., J.H., Jane Doe, L.C., M.S., Edna I. McCutcheon, P.S., R.J.A., R.M., S.S., Robert Snyder, T.S. Signed by Honorable Sylvia H. Rambo. (Attachments: # 1 Exhibit(s))(ma) (Entered: 06/15/2017)

1 Exhibit(s)

View on PACER

June 15, 2017

June 15, 2017

PACER
60

ORDER deeming as Moot, pltfs' mtn to renew and amed the mtn for PI 40 .Signed by Honorable Sylvia H. Rambo on 6/15/17. (ma) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
61

MOTION to Withdraw as Attorney by Nicole Tortoriello by G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S.. (Attachments: # 1 Proposed Order Proposed Order Permitting Withdraw as Counsel)(Tortoriello, Nicole) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER
62

MOTION to Withdraw as Attorney for Plaintiffs by Paloma Wu by A.B., G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S.. (Attachments: # 1 Proposed Order)(Wu, Paloma) (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER
63

ORDER granting mtn to withdraw as counsel 62 by Paloma Wu.Signed by Honorable Sylvia H. Rambo on 8/14/17. (ma) (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER
64

ORDER granting the mtn to withdraw as counsel 61 by Nicole Tortoriello.Signed by Honorable Sylvia H. Rambo on 8/14/17. (ma) (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER
65

MOTION to Withdraw as Attorney by A.B., G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S.. (Attachments: # 1 Proposed Order Proposed Order re Motion to Withdraw as Counsel)(Killion, Victoria) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
66

ORDER granting the mtn to withdraw as cnsl by Victora Killion 65 . Atty Victoria L. Killion terminated.Signed by Honorable Sylvia H. Rambo on 10/18/17. (ma) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
67

Second MOTION for Preliminary Injunction by A.B., G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S..(Walczak, Witold) (Entered: 03/19/2019)

March 19, 2019

March 19, 2019

PACER
68

BRIEF IN SUPPORT of Plaintiffs' Second Renewed and Amended re 4 MOTION for Preliminary Injunction, 67 Second MOTION for Preliminary Injunction filed by A.B., G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S.. (Attachments: # 1 Exhibit list, # 2 Exhibit(s) A (PRA report), # 3 Exhibit(s) B (DHS 1-16-18 letter), # 4 Exhibit(s) C (3-30-18 email))(Walczak, Witold) (Entered: 03/19/2019)

March 19, 2019

March 19, 2019

PACER
69

Proposed Order of Plaintiffs' Second Renewed and Amended by A.B., G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S..(Walczak, Witold) (Entered: 03/21/2019)

March 21, 2019

March 21, 2019

PACER
70

First MOTION for Extension of Time to File Brief to 68 Brief in Support, Unopposed filed by Theodore Dallas, Edna I. McCutcheon, Robert Snyder.(McLees, Matthew) (Entered: 03/29/2019)

March 29, 2019

March 29, 2019

PACER
71

ORDER granting dfts' mtn for exttm 70 . Dfts shall file a bropp to pltfs' 2nd renewed mtn for PI 67 by 4/5/2019.Signed by Honorable Sylvia H. Rambo on 4/1/19. (ma) (Entered: 04/01/2019)

April 1, 2019

April 1, 2019

PACER
72

Second MOTION for Extension of Time to File Brief to 68 Brief in Support, Unopposed filed by Theodore Dallas, Edna I. McCutcheon, Robert Snyder.(McLees, Matthew) (Entered: 04/04/2019)

April 4, 2019

April 4, 2019

PACER
73

ORDER granting dfts' mtn for exttm 72 . Dfts shall file a bropp to pltfs' Second MOTION for Preliminary Injunction 67 .Brief in Opposition due by 4/15/2019Signed by Honorable Sylvia H. Rambo on 4/8/19. (ma) (Entered: 04/08/2019)

April 8, 2019

April 8, 2019

PACER
74

Third MOTION for Extension of Time to File Brief to 68 Brief in Support, Unopposed filed by Theodore Dallas, Edna I. McCutcheon, Robert Snyder.(McLees, Matthew) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
75

ORDER Granting dfts' mtn for exttm 74 . Dfts' bropp to pltfs' Second MOTION for Preliminary Injunction 67 due by 4/18/2019Signed by Honorable Sylvia H. Rambo on 4/17/19. (ma) (Entered: 04/17/2019)

April 17, 2019

April 17, 2019

PACER
76

Fourth MOTION for Extension of Time to File Brief Unopposed filed by Theodore Dallas, Edna I. McCutcheon, Robert Snyder.(McLees, Matthew) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

PACER
77

ORDER granting dfts' mtn for exttm 76 . Dft bropp to pltfs' 2nd renewed and amended mtn for PI 67 is due by 4/23/2019Signed by Honorable Sylvia H. Rambo on 4/23/19. (ma) (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

RECAP
78

BRIEF IN OPPOSITION re 67 Second MOTION for Preliminary Injunction filed by Theodore Dallas, Edna I. McCutcheon, Robert Snyder. (Attachments: # 1 Exhibit(s) Exhibit "A", # 2 Exhibit(s) Exhibit "B")(Leisch, Doris) (Entered: 04/23/2019)

1 Exhibit(s) Exhibit "A"

View on PACER

2 Exhibit(s) Exhibit "B"

View on PACER

April 23, 2019

April 23, 2019

PACER
79

Joint MOTION to Stay re 67 Second MOTION for Preliminary Injunction by A.B., G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S.. (Attachments: # 1 Proposed Order)(Walczak, Witold) (Entered: 06/03/2019)

1 Proposed Order

View on PACER

June 3, 2019

June 3, 2019

PACER
80

ORDER Granting the joint motion to Stay proceedings 79 re. Second MOTION for Preliminary Injunction 67 . Proceedings on this mtn are stayed until one or both of the parties advise the Court that the status has changed.Signed by Honorable Sylvia H. Rambo on 6/3/19. (ma) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER
81

SETTLEMENT AGREEMENT STIPULATION TO EXTEND SECOND SETTLEMENT AGREEMENT by A.B., G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S.. (Walczak, Witold) (Entered: 06/13/2020)

June 13, 2020

June 13, 2020

PACER
82

Order approving stipulation to extend second settlement agreement 81 Signed by Honorable Sylvia H. Rambo on 6/22/20. (ma) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
83

ORDER denying as moot pltfs' 2nd mtn for PI 67 Signed by Honorable Sylvia H. Rambo on 10/15/20. (ma) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER
84

STIPULATION re 59 Settlement Agreement (Second) by A.B., G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S.. (Walczak, Witold) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
85

Order approving Stipulation 84 extending the settlement period for an additional 6 months. Signed by Honorable Sylvia H. Rambo on 1/4/21. (ma) (Entered: 01/04/2021)

Jan. 4, 2021

Jan. 4, 2021

PACER
86

STIPULATION re 59 Settlement Agreement (Third Stipulation to Extend Second Settlement Agreement) by A.B., G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S.. (Walczak, Witold) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

PACER
87

Order approving re Stipulation to extend stlmnt agreement 86 Signed by Honorable Sylvia H. Rambo on 6/28/21. (ma) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

PACER
88

WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney David P. Gersch terminated on behalf of all plaintiffs. (Walczak, Witold) (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

PACER
89

STIPULATION (4th) To Extend Second Settlement Agreement by A.B., G.C., J.H., Jane Doe, L.C., M.S., P.S., R.J.A., R.M., S.S., T.S.. (Walczak, Witold) (Entered: 11/03/2021)

Nov. 3, 2021

Nov. 3, 2021

PACER
90

Order approving re Stipulation TO EXTENDSECOND SETTLEMENT AGREEMENT 89 Signed by Honorable Sylvia H. Rambo on 11/4/21. (ma) (Entered: 11/04/2021)

Nov. 4, 2021

Nov. 4, 2021

RECAP

Case Details

State / Territory: Pennsylvania

Case Type(s):

Mental Health (Facility)

Special Collection(s):

Post-PLRA enforceable consent decrees

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 22, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals who have been found incompetent to stand trial on criminal charges and are either (1) in jail while they wait for an opening at one of DHS’s two forensic hospitals, or (2) in a forensic hospital and have either been found unlikely to become competent in the foreseeable future or are no longer making progress towards competency.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Pennsylvania Department of Human Services, State

Norristown State Hospital (Norristown, Montgomery), State

Torrance State Hospital (Westmoreland), State

Defendant Type(s):

Jurisdiction-wide

Corrections

Hospital/Health Department

Facility Type(s):

Government-run

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

None yet

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief denied

Hire

Implement complaint/dispute resolution process

Order Duration: 2016 - 2020

Issues

General/Misc.:

Access to lawyers or judicial system

Conditions of confinement

Courts

Rehabilitation

Wait lists

Disability and Disability Rights:

Brain injury

Mental Illness, Unspecified

Mental impairment

Schizophrenia

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Commitment procedure

Confinement/isolation

Habilitation (training/treatment)

Placement in detention facilities

Placement in mental health facilities

Medical/Mental Health Care:

Dementia

Intellectual/Developmental Disability

Mental health care, general

Mental health care, unspecified