Case: United States v. Unified Judicial System of Pennsylvania

2:22-cv-00709 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Feb. 24, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

The Civil Rights Division of the United States Department of Justice brought this suit on February 24, 2022 against Pennsylvania's judicial system in the US District Court for the Eastern District of Pennsylvania. DOJ alleged violations of the ADA by discriminating against individuals with opioid use disorder (OUD) in its court supervision programs. According to the DOJ, the Pennsylvania judicial system prohibited or limited the use of OUD medication by individuals in “treatment court” programs…

The Civil Rights Division of the United States Department of Justice brought this suit on February 24, 2022 against Pennsylvania's judicial system in the US District Court for the Eastern District of Pennsylvania. DOJ alleged violations of the ADA by discriminating against individuals with opioid use disorder (OUD) in its court supervision programs. According to the DOJ, the Pennsylvania judicial system prohibited or limited the use of OUD medication by individuals in “treatment court” programs providing court supervision. OUD medication helps diminish the effects of physical dependency and/or prevent cravings. The alleged policy, according to the DOJ, violated Title II of the American with Disabilities Act. The DOJ requested the court to declare that the alleged policy violated the ADA, enjoin its continued use, and update its policy and train its employees on the new policy. The DOJ also sought an order requiring the Pennsylvania judicial system to appoint an employee to monitor efforts to bring the policy in compliance with the ADA.

This case is on-going as of March 16, 2022.

Summary Authors

Jordan Katz (3/16/2022)

Documents in the Clearinghouse

Document

The United States’ Findings and Conclusions Based on Its Investigation of the Unified Judicial System of Pennsylvania under Title II of the Americans with Disabilities Act, DJ # 204-64-170

No Court

Feb. 2, 2022

Feb. 2, 2022

Findings Letter/Report
1

2:22-cv-00709

Complaint

United States of America v. the Unified Judicial System of Pennsylvania

Feb. 24, 2022

Feb. 24, 2022

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63113826/united-states-v-unified-judicial-system-of-the-commonwealth-of/

Last updated May 13, 2023, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against UNIFIED JUDICIAL SYSTEM OF THE COMMONWEALTH OF PENNSYLVANIA, filed by UNITED STATES OF AMERICA.(Knight, David) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

Clearinghouse
1

COMPLAINT against UNIFIED JUDICIAL SYSTEM OF THE COMMONWEALTH OF PENNSYLVANIA, filed by UNITED STATES OF AMERICA.(Knight, David) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

Clearinghouse
2

12(b) PROCEDURAL ORDER (sl) (Entered: 02/25/2022)

Feb. 25, 2022

Feb. 25, 2022

PACER
2

Notice (Other)

Feb. 25, 2022

Feb. 25, 2022

PACER

Summons Issued

Feb. 25, 2022

Feb. 25, 2022

PACER

Summons Issued as to UNIFIED JUDICIAL SYSTEM OF THE COMMONWEALTH OF PENNSYLVANIA. Forwarded To: EMAILED TO PLAINTIFFS COUNSEL on 2/25/2022 (sg)

Feb. 25, 2022

Feb. 25, 2022

PACER

Summons Issued

Feb. 25, 2022

Feb. 25, 2022

PACER
3

NOTICE of Appearance by Adam F. Lewis on behalf of UNITED STATES OF AMERICA with Certificate of Service(Lewis, Adam) (Entered: 03/01/2022)

March 1, 2022

March 1, 2022

PACER
3

Notice of Appearance

March 1, 2022

March 1, 2022

PACER
4

NOTICE of Appearance by JACQUELINE CHRISTINE ROMERO on behalf of UNITED STATES OF AMERICA with Certificate of Service(ROMERO, JACQUELINE) (Entered: 03/01/2022)

March 1, 2022

March 1, 2022

PACER
4

Notice of Appearance

March 1, 2022

March 1, 2022

PACER
3

NOTICE of Appearance by Adam F. Lewis on behalf of UNITED STATES OF AMERICA with Certificate of Service(Lewis, Adam) (Entered: 03/01/2022)

March 1, 2022

March 1, 2022

PACER
4

NOTICE of Appearance by JACQUELINE CHRISTINE ROMERO on behalf of UNITED STATES OF AMERICA with Certificate of Service(ROMERO, JACQUELINE) (Entered: 03/01/2022)

March 1, 2022

March 1, 2022

PACER
5

WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA. UNIFIED JUDICIAL SYSTEM OF THE COMMONWEALTH OF PENNSYLVANIA waiver sent on 3/4/2022, answer due 5/3/2022. (Knight, David) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
6

SUMMONS Returned Executed by UNITED STATES OF AMERICA re: Dennis Richman's Services served Summons and Complaint upon UNIFIED JUDICIAL SYSTEM OF THE COMMONWEALTH OF PENNSYLVANIA by Process Service. (Knight, David) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

PACER
7

NOTICE of Appearance by GERI ROMANELLO ST. JOSEPH on behalf of UNIFIED JUDICIAL SYSTEM OF THE COMMONWEALTH OF PENNSYLVANIA with Certificate of Service(ST. JOSEPH, GERI) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

PACER
8

Letter dated April 29, 2022 by UNIFIED JUDICIAL SYSTEM OF THE COMMONWEALTH OF PENNSYLVANIA. (ST. JOSEPH, GERI) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

RECAP
9

NOTICE of Appearance by ROBERT J. KRANDEL on behalf of UNIFIED JUDICIAL SYSTEM OF THE COMMONWEALTH OF PENNSYLVANIA with Certificate of Service(KRANDEL, ROBERT) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

PACER
10

Letter dated May 6, 2022 by UNITED STATES OF AMERICA. (Knight, David) (Entered: 05/06/2022)

May 6, 2022

May 6, 2022

RECAP
11

ORDER THAT UPON CONSIDERATION OF DEFENDANTS PRE-MOTION CONFERENCE LETTER (ECF NO. 8), AND PLAINTIFFS RESPONSE THERETO (ECF NO. 10), IT IS HEREBY ORDERED THAT ORAL ARGUMENT ON THE PARTIES PRE-MOTION CONFERENCE LETTERS WILL BE HELD ON THURSDAY, MAY 26, 2022 AT 9:00 AM IN COURTROOM 17-A.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 5/10/2022. 5/10/2022 ENTERED AND COPIES E-MAILED.(sg) (Entered: 05/10/2022)

May 10, 2022

May 10, 2022

RECAP
12

NOTICE of Appearance by MICHAEL J. BUTLER on behalf of UNITED STATES OF AMERICA (BUTLER, MICHAEL) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

PACER
13

NOTICE of Hearing: ORAL ARGUMENT ON THE PARTIES' PRE-MOTION CONFERENCE LETTERS RESCHEDULED TO BE HELD ON 6/2/2022 AT 10:00 AM IN Courtroom 17A BEFORE HONORABLE MITCHELL S. GOLDBERG. ENTERED 5/25/2022 AND E-MAILED. (sl) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

RECAP
14

Minute Entry for proceedings held before HONORABLE MITCHELL S. GOLDBERG ORAL ARGUMENT held on 6/2/22. Court Reporter: ESR. (JL) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
15

ORDERED THAT DEFENDANTS SHALL FILE THEIR MOTION TO DISMISS WITHIN TEN (10) DAYS FROM THE DATE OF THIS ORDER. UPON RECEIPT OF THE MOTION, PLAINTIFFS SHALL FILE A RESPONSE WITHIN TWENTY-ONE (21) DAYS.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 6/2/2022. 6/2/2022 ENTERED AND COPIES E-MAILED.(sg) (Main Document 15 replaced on 6/2/2022) (sg). (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

RECAP
16

TRANSCRIPT of ORAL ARGUMENT HEARING held on 6/2/2022, before Judge GOLDBERG. Court Reporter/Transcriber WRITER'S CRAMP, INC.. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 6/28/2022. Redacted Transcript Deadline set for 7/8/2022. Release of Transcript Restriction set for 9/6/2022. (sg) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
17

Notice of Filing of Official Transcript with Certificate of Service re 16 Transcript - PDF, 6/7/2022 Entered and Copies Emailed. (sg) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
18

MOTION to Dismiss Plaintiff's Complaint filed by UNIFIED JUDICIAL SYSTEM OF THE COMMONWEALTH OF PENNSYLVANIA.Memorandum of Law and Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(KRANDEL, ROBERT) (Entered: 06/10/2022)

1 Text of Proposed Order

View on RECAP

2 Exhibit A

View on RECAP

3 Exhibit B

View on RECAP

4 Exhibit C

View on RECAP

June 10, 2022

June 10, 2022

RECAP
19

EXHIBIT D 18 to Motion to Dismiss Plaiintiff's Complaint by UNIFIED JUDICIAL SYSTEM OF THE COMMONWEALTH OF PENNSYLVANIA.. (KRANDEL, ROBERT) (Entered: 06/10/2022)

June 10, 2022

June 10, 2022

RECAP
20

NOTICE of Appearance by LAUREN E. DEBRUICKER on behalf of UNITED STATES OF AMERICA with Certificate of Service(DEBRUICKER, LAUREN) (Entered: 06/23/2022)

June 23, 2022

June 23, 2022

PACER
21

RESPONSE in Opposition re 18 MOTION to Dismiss Plaintiff's Complaint filed by UNITED STATES OF AMERICA. (DEBRUICKER, LAUREN) (Entered: 07/01/2022)

July 1, 2022

July 1, 2022

RECAP
22

NOTICE by UNITED STATES OF AMERICA of Supplemental Authority in Support of Opposition to Motion to Dismiss (Dkt. No. 21) (DEBRUICKER, LAUREN) (Entered: 10/03/2022)

Oct. 3, 2022

Oct. 3, 2022

RECAP
23

ORDERED that within seven (7) days of the date of this Order, each party shall file a letter brief, not to exceed five (5) pages in length, addressing the following issues:1. What is the effect, if any, of the United States acknowledgement in paragraph 24 of the Complaint that Judge Foradora rescinded his administrative order on December 21, 2018?2. May the federal government seek compensatory damages on behalf of individuals under 42 U.S.C. § 12133? SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 3/16/2023. 3/17/2023 ENTERED AND COPIES E-MAILED.(sg) (Entered: 03/17/2023)

March 16, 2023

March 16, 2023

RECAP
24

Letter dated March 23, 2023 by UNITED STATES OF AMERICA. (Knight, David) (Entered: 03/23/2023)

March 23, 2023

March 23, 2023

RECAP
25

Letter dated 03/23/2023 by UNIFIED JUDICIAL SYSTEM OF THE COMMONWEALTH OF PENNSYLVANIA. (ST. JOSEPH, GERI) (Entered: 03/23/2023)

March 23, 2023

March 23, 2023

RECAP
26

MEMORANDUM OPINION; ETC.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 4/21/23. 4/21/23 ENTERED AND E-MAILED.(JL)

April 21, 2023

April 21, 2023

RECAP
27

ORDER THAT DEFENDANT'S MOTION TO DISMISS IS GRANTED AND THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE. WITHIN 30 DAYS OF THE DATE OF THIS ORDER, PLAINTIFF MAY FILE AN AMENDED COMPLAINT; ETC.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 4/21/23. 4/21/23 ENTERED AND E-MAILED.(JL)

April 21, 2023

April 21, 2023

RECAP

Case Details

State / Territory: Pennsylvania

Case Type(s):

Criminal Justice (Other)

Disability Rights

Key Dates

Filing Date: Feb. 24, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The U.S. Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The Judicial System of Pennsylvania, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Courts

Reasonable Accommodations

Rehabilitation

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Opioid disorder/medication