Case: Nelson v. Snider

2:94-cv-00440 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Jan. 24, 1994

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On January 24, 1994, individual plaintiffs, the Pennsylvania Protection Advocacy, Inc. and Arc-Pennsylvania filed this class action civil rights lawsuit in the United States District Court for the Eastern District of Pennsylvania, challenging the care, conditions of confinement and habilitation of residents of Embreeville Center, a facility for the developmentally disabled in Pennsylvania. Plaintiffs alleged violation of their rights under Title XIX of the Social Security Act; the Rehabilitati…

On January 24, 1994, individual plaintiffs, the Pennsylvania Protection Advocacy, Inc. and Arc-Pennsylvania filed this class action civil rights lawsuit in the United States District Court for the Eastern District of Pennsylvania, challenging the care, conditions of confinement and habilitation of residents of Embreeville Center, a facility for the developmentally disabled in Pennsylvania. Plaintiffs alleged violation of their rights under Title XIX of the Social Security Act; the Rehabilitation Act of 1973; the Due Process Clause, Equal Protection Clause and the First Amendment via 42 U.S.C. § 1983; and the Americans with Disabilities Act. The plaintiff class was represented by attorneys with the Public Interest Law Center of Philadelphia and the Disabilities Law Project Philadelphia. The suit was styled Nelson v. Martin, Civil Action No. 94-CV- 440. It followed a similar suit filed by the Department of Justice [DOJ] on April 21, 1993, pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. Section 1997 et seq., styled U.S. v. Pennsylvania, Civil Action No. 93-CV-2094. [ID-PA-7 of this collection].

On March 28, 1994, the District Court (Judge Clarence C. Newcomer) ordered that the Nelson case be consolidated with U.S. v. Pennsylvania. Case no. 94-CV- 440 was closed for statistical purposes.

The plaintiff class was certified by the District Court on April 26, 1994, with an amended order following on May 11, 1994. Following discovery and motion practice, the case was settled. The District Court approved the Settlement Agreement on November 30, 1994, which resulted in the downsizing and eventual closing of the Embreeville Center. A subsequent Stipulated Agreement was entered on March 20, 2000.

On January 5, 2005, the Stipulated Agreement was terminated and the case was dismissed agreement of the parties.

See U.S. v. Pennsylvania, Civil Action No. 93-CV-2094. [ID-PA-7] for a more detailed account of the procedural history of the consolidated cases.

Summary Authors

Dan Dalton (3/17/2007)

Related Cases

Halderman v. Pennhurst, Eastern District of Pennsylvania (1974)

U.S. v. Pennsylvania, Eastern District of Pennsylvania (1993)

People


Judge(s)

Brimmer, Clarence Addison Jr. (Wyoming)

Newcomer, Clarence Charles (Pennsylvania)

Attorneys(s) for Plaintiff

Chen, Pamela K. (District of Columbia)

Cohn, Debra Leanne Wrobel (Pennsylvania)

Cohn (dup), Debra Leanne Wrobel (Pennsylvania)

Gran, Judith A. (Pennsylvania)

Guzman, Philip A. (District of Columbia)

Meek, Robert W. (Pennsylvania)

Murphy, Mark J. (Pennsylvania)

Nelson, Mellie H. (District of Columbia)

Judge(s)

Brimmer, Clarence Addison Jr. (Wyoming)

Newcomer, Clarence Charles (Pennsylvania)

Attorneys(s) for Plaintiff

Chen, Pamela K. (District of Columbia)

Cohn, Debra Leanne Wrobel (Pennsylvania)

Cohn (dup), Debra Leanne Wrobel (Pennsylvania)

Gran, Judith A. (Pennsylvania)

Guzman, Philip A. (District of Columbia)

Meek, Robert W. (Pennsylvania)

Murphy, Mark J. (Pennsylvania)

Nelson, Mellie H. (District of Columbia)

Patrick, Deval L. (District of Columbia)

Peabody, Arthur E. Jr. (District of Columbia)

Ransom, Barbara E. (Pennsylvania)

Reno, Janet (District of Columbia)

Rotko, Michael J. (Pennsylvania)

Shane, Ilene W. (Pennsylvania)

Turner, James P. (District of Columbia)

Attorneys(s) for Defendant

Kramer, Barry N. (Pennsylvania)

Ulan, Howard (Pennsylvania)

York, Thomas B. (Pennsylvania)

Other Attorney(s)

Masling, Mark S. (District of Columbia)

Tiryak, Edmund A. (Pennsylvania)

Documents in the Clearinghouse

Document

2:94-cv-00440

Docket [PACER]

June 3, 2003

June 3, 2003

Docket

93-cv-02094

Memorandum

U.S. v. Commonwealth of Pennsylvania

Aug. 31, 1993

Aug. 31, 1993

Order/Opinion

2:94-cv-00440

Complaint

Dec. 1, 1993

Dec. 1, 1993

Complaint

93-cv-02094

Memorandum

U.S. v. Pennsylvania; Nelson v. Snider

Aug. 13, 1994

Aug. 13, 1994

Order/Opinion

93-cv-02094

Memorandum

U.S. v. Pennsylvania; Nelson v. Snider

Sept. 12, 1994

Sept. 12, 1994

Order/Opinion

93-cv-02094

Settlement Agreement

U.S. v. Pennsylvania; Nelson v. Snider

Nov. 30, 1994

Nov. 30, 1994

Settlement Agreement

Docket

Last updated Dec. 1, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. filing fee $ 120.00 receipt # 515543. (fe) (Entered: 01/25/1994)

Jan. 24, 1994

Jan. 24, 1994

2

MOTION by PLAINTIFF HARRY NELSON, PLAINTIFF RICHARD CINQUINA, PLAINTIFF RALPH GIPE, PLAINTIFF CHARLIE KRAUT, PLAINTIFF GERALDINE GLENNON, PLAINTIFF EDWIN MATTIA, PLAINTIFF PENN. PROTECTION, PLAINTIFF THE ARC- PENNSYLVANIA FOR CONSOLIDATION , MEMORANDUM, CERTIFICATE OF SERVICE. (fe) (Entered: 01/25/1994)

Jan. 24, 1994

Jan. 24, 1994

Summons(es) issued: mailed to counsel 1/25/94. (fe) (Entered: 01/25/1994)

Jan. 24, 1994

Jan. 24, 1994

3

Response by RESPONDENT UNITED STATES OF AMERICA to [2-1] MOTION FOR CONSOLIDATION, certificate of service. (td) (Entered: 02/07/1994)

Feb. 4, 1994

Feb. 4, 1994

4

Response by RESPONDENT PEOPLE INTERESTED IN EMBREEVILLE RESIDENTS to [2-1] MOTION FOR CONSOLIDATION, certificate of service. (td) (Entered: 02/08/1994)

Feb. 8, 1994

Feb. 8, 1994

5

UNCONTESTED MOTION BY DEFENDANT KAREN F. SNIDER, DEFENDANT NANCY R. THALER, DEFENDANT WILLIAM SNAUFFER FOR ENLARGEMENT OF TIME TO RESPOND TO PLFFS' MOTION FOR CONSOLIDATION , CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (td) (Entered: 02/10/1994)

Feb. 10, 1994

Feb. 10, 1994

6

MOTION BY DEFENDANT KAREN F. SNIDER, DEFENDANT NANCY R. THALER, DEFENDANT WILLIAM SNAUFFER FOR ENLARGEMENT OF TIME TO RESPOND TO PLFFS' MOTION FOR CONSOLIDATION AND TO THE COMPLAINT , CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (td) (Entered: 02/23/1994)

Feb. 22, 1994

Feb. 22, 1994

7

ORDER THAT DEFTS' UNCONTESTED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLFFS' MOTION FOR CONSOLIDATION AND TO THE COMPLAINT IS GRANTED. DEFTS SHALL SERVE A RESPONSE TO THE MOTION TO CONSOLIDATE AND TO THE COMPLAINT ON OR BEFORE 3/4/94 ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 3/1/94 ENTERED AND COPIES MAILED. (td) (Entered: 03/01/1994)

Feb. 28, 1994

Feb. 28, 1994

8

MOTION BY PLAINTIFF HARRY NELSON, ET AL FOR CLASS CERTIFICATION , BRIEF, CERTIFICATE OF SERVICE. (td) (Entered: 03/14/1994)

March 14, 1994

March 14, 1994

9

SECOND UNCONTESTED MOTION BY DEFENDANT KAREN F. SNIDER, DEFENDANT NANCY R. THALER, DEFENDANT WILLIAM SNAUFFER FOR ENLARGEMENT OF TIME TO RESPOND TO PLFFS' MOTION FOR CONSOLIDATION AND TO THE COMPLAINT , CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (td) (Entered: 03/16/1994)

March 16, 1994

March 16, 1994

10

MOTION BY DEFENDANT KAREN F. SNIDER, DEFENDANT NANCY R. THALER, DEFENDANT WILLIAM SNAUFFER FOR ENLARGEMENT OF TIME TO RESPOND TO PLFFS' MOTION FOR CONSOLIDATION AND TO THE COMPLAINT , CERTIFICATE OF SERVICE. (td) (Entered: 03/17/1994)

March 17, 1994

March 17, 1994

11

Response by DEFENDANT KAREN F. SNIDER, DEFENDANT NANCY R. THALER, DEFENDANT WILLIAM SNAUFFER to Plffs' MOTION FOR CONSOLIDATION, certificate of service. (aa) (Entered: 03/18/1994)

March 18, 1994

March 18, 1994

12

Answer to Complaint by DEFENDANT KAREN F. SNIDER, DEFENDANT NANCY R. THALER, DEFENDANT WILLIAM SNAUFFER, certificate of service. (aa) (Entered: 03/18/1994)

March 18, 1994

March 18, 1994

13

ORDER THAT DEFT'S MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLFF'S MOTION FOR CONSOLIDATION AND TO THE COMPLAINT IS DENIED. (SIGNED BY JUDGE CLARENCE C. NEWCOMER) 3/21/94 ENTERED AND COPIES MAILED. (fe) (Entered: 03/21/1994)

March 18, 1994

March 18, 1994

ISSUE JOINED. (aa) (Entered: 03/18/1994)

March 18, 1994

March 18, 1994

14

ORDER THAT PLFFS MOTION TO CONSOLIDATE WITH 93-2094 IS GRANTED. THE FILE IN 94-440 SHALL BE TRANSFERRED TO THE FILE IN 93-2094 AND CASE NO. 94-440 IS TO BE MARKED CLOSED FOR STATISTICAL PURPOSES. IT IS FURTHER ORDERED THAT ALL PARTIES IN BOTH CASES ARE TO COMPLY WITH THE DISCOVERY AND CASE MANAGEMENT ORDER OF 9/8/93 WITH THE FOLLOWING EXCEPTION: PLFFS IN NELSON V. SNIDER ARE TO PROVIDE DEFTS WITH THEIR EXPERT REPORTS BY 4/15/94 AND DEFTS SHALL PROVIDE THESE PLFFS WITH ANY EXPERT REPORTS IN RESPONSE BY 7/1/94. IN ALL OTHER RESPECTS THE 9/8/93 ORDER IS TO BE FOLLOWED ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 3/29/94 ENTERED AND COPIES MAILED. (td) (Entered: 03/29/1994)

March 28, 1994

March 28, 1994

Case closed (kv) (Entered: 03/29/1994)

March 28, 1994

March 28, 1994

Consolidated Member Case. Lead Case Number: 93cv 2094. (td) (Entered: 03/29/1994)

March 28, 1994

March 28, 1994

15

UNCONTESTED MOTION BY DEFENDANT KAREN F. SNIDER, DEFENDANT NANCY R. THALER, DEFENDANT WILLIAM SNAUFFER FOR EXTENSION OF TIME TO RESPOND TO PLFFS' MOTION FOR CLASS CERTIFICATION , CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (td) (Entered: 03/30/1994)

March 30, 1994

March 30, 1994

16

ORDER THAT DEFTS' UNCONTESTED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLFFS' MOTION FOR CLASS CERTIFICATION IS GRANTED. THE DEFTS SHALL SERVE A RESPONSE TO THE MOTION FOR CLASS CERTIFICATION ON OR BEFORE 4/8/94 ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 4/11/94 ENTERED AND COPIES MAILED. (td) (Entered: 04/11/1994)

April 8, 1994

April 8, 1994

All papers transferred to CA No. 93-2094 pursuant to order dated 3/28/94. (td) (Entered: 05/20/1994)

May 20, 1994

May 20, 1994

17

Plaintiff's Pretrial Memorandum, Certificate of service (ph) (Entered: 07/18/1994)

July 18, 1994

July 18, 1994

MOTION by PLAINTIFF HARRY NELSON TO AMEND THE COMPLAINT , MEMORANDUM, CERTIFICATE OF SERVICE. (93- 2094) (tc) Modified on 07/27/1994 (Entered: 07/27/1994)

July 26, 1994

July 26, 1994

Memorandum of Law by PLAINTIFF HARRY NELSON, ET AL in support of the preclusive effect of the Court's findings of fact of 3/28/94 in Halderman v. Pennhurst, certificate of service. (93-2094) (td) (Entered: 09/01/1994)

Aug. 31, 1994

Aug. 31, 1994

18

APPLICATION of the NELSON PLAINTIFFS FOR ATTORNEYS' FEES AND COSTS FOR COUNSEL ASSOCIATED WITH THE PUBLIC INTEREST LAW CENTER OF PHILADELPHIA, AFFIDAVIT, CERTIFICATE OF SERVICE. (lawmfa2) (Entered: 03/20/1998)

March 19, 1998

March 19, 1998

Appearance of BARRY N. KRAMER for DEFENDANT KAREN F. SNIDER, DEFENDANT NANCY R. THALER, Certificate of Service. (See Document No. 110 in 93-CV-2094). (rp) (Entered: 06/30/1998)

June 30, 1998

June 30, 1998

19

STIPULATION of Voluntary Dismissal by RICHARD CINQUINA, RALPH GIPE, GERALDINE GLENNON, CHARLIE KRAUT, EDWIN MATTIA, HARRY NELSON, THE ARC-PENNSYLVANIA that PENNSYLVANIA ADVOCACY, INC., is dismissed as a named Plaintiff, Certificate of Service. (rv, ) (Entered: 06/04/2003)

June 3, 2003

June 3, 2003

Case Details

State / Territory: Pennsylvania

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Jan. 24, 1994

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who are residing or will reside at Embreeville Center, all persons who have been or will be transferred from Embreeville Center to other settings.

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Embreeville Center (Coatesville), 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

Social Security (Title XX), 42 U.S.C. §§ 1397 et seq.

Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.

Constitutional Clause(s):

Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1994 - 2005

Issues

General:

Assault/abuse by staff

Communication skills

Confinement/isolation

Education

Food service / nutrition / hydration

Habilitation (training/treatment)

Individualized planning

Neglect by staff

Record-keeping

Recreation / Exercise

Restraints : physical

Sanitation / living conditions

Special education

Staff (number, training, qualifications, wages)

Totality of conditions

Disability:

Integrated setting

Mental Disability:

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Dental care

ICF/MR & HCFA standards

Medical care, general

Medication, administration of

Type of Facility:

Government-run