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

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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 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)

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

People

Judge(s)

Brimmer, Clarence Addison Jr. (Wyoming)

Attorney for Plaintiff

Chen, Pamela K. (District of Columbia)

Cohn, Debra Leanne Wrobel (Pennsylvania)

Cohn (dup), Debra Leanne Wrobel (Pennsylvania)

Gran, Judith A. (Pennsylvania)

Attorney for Defendant

Expert/Monitor/Master/Other

Judge(s)

Brimmer, Clarence Addison Jr. (Wyoming)

Newcomer, Clarence Charles (Pennsylvania)

Attorney 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)

Attorney for Defendant

Kramer, Barry N. (Pennsylvania)

Ulan, Howard (Pennsylvania)

York, Thomas B. (Pennsylvania)

Other

Masling, Mark S. (District of Columbia)

Tiryak, Edmund A. (Pennsylvania)

Documents in the Clearinghouse

Documents in this case

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 832 F.Supp. 122
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 863 F.Supp. 217
93-cv-02094	Memorandum U.S. v. Pennsylvania; Nelson v. Snider	Sept. 12, 1994	Sept. 12, 1994 Order/Opinion 1994 WL 502352
93-cv-02094	Settlement Agreement U.S. v. Pennsylvania; Nelson v. Snider	Nov. 30, 1994	Nov. 30, 1994 Settlement Agreement

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Docket

Last updated March 23, 2025, 9:32 a.m.

ECF Number	Date	Description	Link
1	Jan. 24, 1994	Complaint. filing fee $ 120.00 receipt # 515543. (fe) (Entered: 01/25/1994)	PACER
2	Jan. 24, 1994	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)	PACER
	Jan. 24, 1994	Summons(es) issued: mailed to counsel 1/25/94. (fe) (Entered: 01/25/1994)	PACER
3	Feb. 4, 1994	Response by RESPONDENT UNITED STATES OF AMERICA to [2-1] MOTION FOR CONSOLIDATION, certificate of service. (td) (Entered: 02/07/1994)	PACER
4	Feb. 8, 1994	Response by RESPONDENT PEOPLE INTERESTED IN EMBREEVILLE RESIDENTS to [2-1] MOTION FOR CONSOLIDATION, certificate of service. (td) (Entered: 02/08/1994)	PACER
5	Feb. 10, 1994	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)	PACER
6	Feb. 22, 1994	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)	PACER
7	Feb. 28, 1994	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)	PACER
8	March 14, 1994	MOTION BY PLAINTIFF HARRY NELSON, ET AL FOR CLASS CERTIFICATION , BRIEF, CERTIFICATE OF SERVICE. (td) (Entered: 03/14/1994)	PACER
9	March 16, 1994	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)	PACER
10	March 17, 1994	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)	PACER
11	March 18, 1994	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)	PACER
12	March 18, 1994	Answer to Complaint by DEFENDANT KAREN F. SNIDER, DEFENDANT NANCY R. THALER, DEFENDANT WILLIAM SNAUFFER, certificate of service. (aa) (Entered: 03/18/1994)	PACER
13	March 18, 1994	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)	PACER
	March 18, 1994	ISSUE JOINED. (aa) (Entered: 03/18/1994)	PACER
14	March 28, 1994	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)	PACER
	March 28, 1994	Case closed (kv) (Entered: 03/29/1994)	PACER
	March 28, 1994	Consolidated Member Case. Lead Case Number: 93cv 2094. (td) (Entered: 03/29/1994)	PACER
15	March 30, 1994	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)	PACER
16	April 8, 1994	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)	PACER
	May 20, 1994	All papers transferred to CA No. 93-2094 pursuant to order dated 3/28/94. (td) (Entered: 05/20/1994)	PACER
17	July 18, 1994	Plaintiff's Pretrial Memorandum, Certificate of service (ph) (Entered: 07/18/1994)	PACER
	July 26, 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)	PACER
	Aug. 31, 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)	PACER
18	March 19, 1998	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)	PACER
	June 30, 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)	PACER
19	June 3, 2003	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)	PACER

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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

State

Embreeville Center

Facility Type(s):

Government-run

Case Details