Case: Ruth L. v. White

2:90-cv-05562 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Aug. 27, 1990

Closed Date: 1996

Clearinghouse coding complete

Case Summary

On August 27, 1990, several individuals with intellectual disabilities, represented by attorneys for the Disabilities Law Project, filed a class action lawsuit against the Pennsylvania Department of Public Welfare [DPW] pursuant to 42 U.S.C. § 1983 in U.S. District Court Eastern District of Pennsylvania, challenging their continued confinement in state institutions. Plaintiffs sought to enjoin DPW from denying persons with intellectual disabilities appropriate treatment and placement in commun…

On August 27, 1990, several individuals with intellectual disabilities, represented by attorneys for the Disabilities Law Project, filed a class action lawsuit against the Pennsylvania Department of Public Welfare [DPW] pursuant to 42 U.S.C. § 1983 in U.S. District Court Eastern District of Pennsylvania, challenging their continued confinement in state institutions. Plaintiffs sought to enjoin DPW from denying persons with intellectual disabilities appropriate treatment and placement in community-based programs. Plaintiffs' complaint asserted violations of their substantive and procedural due process rights guaranteed by the Fourteenth Amendment; Title XIX of the Social Security Act, 42 U.S.C. §§1396a et. seq.; and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794.

Plaintiffs moved for class certification on April 8, 1991. The District Court (Judge Charles R. Weiner) denied the motion, with leave to renew it after the completion of discovery. Plaintiffs' motion for a preliminary injunction was similarly denied.

Settlement negotiations followed and the parties ultimately resolved the case. The Court approved the parties' Settlement Agreement on July 9, 1992. The Agreement stipulated to the certification of a class of persons "with a primary or exclusive diagnosis of mental retardation who are institutionalized in state hospitals for persons with mental illness contrary to professional judgment. " The Agreement called for the PDW to place class members into appropriate community-based programs. The case was placed on the Court's civil suspense list pending compliance with the Agreement. Plaintiffs' claim for attorneys' fees was resolved under a separate agreement.

On April 11, 1996, the District Court entered a final stipulation and order dismissing the case without prejudice.

We have no further information on this matter.

Summary Authors

Dan Dalton (4/6/2007)

People


Judge(s)

Weiner, Charles R. (Pennsylvania)

Attorneys(s) for Plaintiff

Gold, Stephen F. (Pennsylvania)

Meek, Robert W. (Pennsylvania)

Shane, Ilene W. (Pennsylvania)

Attorneys(s) for Defendant

Fredricks, Laura (Pennsylvania)

Kramer, Barry N. (Pennsylvania)

Ulan, Howard (Pennsylvania)

Judge(s)

Weiner, Charles R. (Pennsylvania)

Attorneys(s) for Plaintiff

Gold, Stephen F. (Pennsylvania)

Meek, Robert W. (Pennsylvania)

Shane, Ilene W. (Pennsylvania)

Attorneys(s) for Defendant

Fredricks, Laura (Pennsylvania)

Kramer, Barry N. (Pennsylvania)

Ulan, Howard (Pennsylvania)

Documents in the Clearinghouse

Document

2:90-cv-05562

Docket [PACER]

April 11, 1996

April 11, 1996

Docket
3

2:90-cv-05562

Complaint

Sept. 4, 1990

Sept. 4, 1990

Complaint

2:90-cv-05562

Correspondence

June 29, 1992

June 29, 1992

Correspondence
19

2:90-cv-05562

Settlement Agreement & Stipulation

July 9, 1992

July 9, 1992

Settlement Agreement
23

2:90-cv-05562

Supplemental Settlement Stipulation

June 27, 1994

June 27, 1994

Settlement Agreement
24

2:90-cv-05562

Final Stipulation

April 11, 1996

April 11, 1996

Settlement Agreement

Resources

Docket

Last updated July 22, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

MOTION TO PROCEED IN FORMA PAUPERIS BY PLAINTIFF RUTH L., PLAINTIFF EUGENE M., PLAINTIFF JOHN H., DECLARATION IN SUPPORT OF PLFF'S MOTION TO PROCEED. (sb) (Entered: 08/27/1990)

Aug. 27, 1990

Aug. 27, 1990

2

ORDER GRANTING [1-1] MOTION TO PROCEED IN FORMA PAUPERIS ( SIGNED BY JUDGE CHARLES R. WEINER ) 9/5/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/05/1990)

Sept. 4, 1990

Sept. 4, 1990

3

Complaint. (fe) (Entered: 09/05/1990)

Sept. 4, 1990

Sept. 4, 1990

Summons(es) issued Forwarded to: counsel 9/5/90 (fe) (Entered: 09/05/1990)

Sept. 4, 1990

Sept. 4, 1990

4

ORDER, APPOINTING SPECIAL PROCESS SERVER STEPHEN F. GOLD, ESQ. TO SERVE THE SUMMONS & COMPLAINT UPON DEFT. ( SIGNED BY JUDGE CHARLES R. WEINER ) 9/5/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/05/1990)

Sept. 4, 1990

Sept. 4, 1990

5

ORDER, DISMISSING , CASE WITHOUT PREJUDICE. RESET SCHEDULING ORDER DEADLINES: TELEPHONE STATUS CONFERNECE BY 9:30 11/19/90 () 9/27/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/27/1990)

Sept. 26, 1990

Sept. 26, 1990

Case closed (kv) (Entered: 10/03/1990)

Sept. 26, 1990

Sept. 26, 1990

6

MOTION by PLAINTIFF JOHN H., PLAINTIFF EUGENE M., PLAINTIFF RUTH L. TO CERTIFY CLASS ACTION MEMORANDUM, CERTIFICATE OF SERVICE. (ph) (Entered: 10/09/1990)

Oct. 9, 1990

Oct. 9, 1990

7

Answer to Complaint by DEFENDANT ALBERT DIDARIO, DEFENDANT JOHN F. WHITE JR. (Attorney LAURA FREDERICKS, BARRY N. KRAMER), (fe) (Entered: 10/17/1990)

Oct. 17, 1990

Oct. 17, 1990

9

STIPULATION AND ORDER, DEFENDANT'S RESPONSE TO MOTION RESET TO 11/5/90 FOR [6-1] MOTION TO CERTIFY CLASS ACTION (SIGNED BY JUDGE CHARLES R.) 11/01/90 ENTERED AND COPIES MAILED. (fe) (Entered: 11/01/1990)

Oct. 31, 1990

Oct. 31, 1990

10

ORDER DENYING PLAINTIFFS' [6-1] MOTION TO CERTIFY CLASS ACTION, WITH LEAVE TO RENEW AFTER ALL DISCOVERY IS COMPLETED. (SIGNED BY JUDGE CHARLES R. WEINER) 4/8/91 ENTERED AND COPIES MAILED. (fe) (Entered: 04/08/1991)

April 8, 1991

April 8, 1991

11

STIPULATION OF CONFIDENTIALITY WITH COURT'S APPROVAL. (SIGNED BY JUDGE CHARLES R. WEINER) 6/12/91 ENTERED AND COPIES MAILED. (fe) (Entered: 06/12/1991)

June 11, 1991

June 11, 1991

12

MOTION BY PLAINTIFF JOHN H., PLAINTIFF EUGENE M., PLAINTIFF RUTH L. FOR LEAVE TO RENEW MOTION FOR CLASS CERTIFICATION , MEMORANDUM, CERTIFICATE OF SERVICE. (fe) (Entered: 10/11/1991)

Oct. 11, 1991

Oct. 11, 1991

13

MOTION BY PLAINTIFF JOHN H., PLAINTIFF EUGENE M., PLAINTIFF RUTH L. FOR PRELIMINARY INJUNCTION , MEMORANDUM, CERTIFICATE OF SERVICE. (fe) (Entered: 10/11/1991)

Oct. 11, 1991

Oct. 11, 1991

14

MOTION TO INTERVENE BY MOVANT PETER C. , MEMORANDUM, CERTIFICATE OF SERVICE. (fe) (Entered: 10/11/1991)

Oct. 11, 1991

Oct. 11, 1991

15

Request for evidentiary hearing and oral argument by PLAINTIFF JOHN H., PLAINTIFF EUGENE M., PLAINTIFF RUTH L. on PLAINTIFFS' [13-1] MOTION FOR PRELIMINARY INJUNCTION. (fe) (Entered: 10/18/1991)

Oct. 18, 1991

Oct. 18, 1991

16

ORDER GRANTING [14-1] MOTION TO INTERVENE BY MOVANT PETER C. (SIGNED BY JUDGE CHARLES R. WEINER) 10/24/91 ENTERED AND COPIES MAILED. (fe) (Entered: 10/24/1991)

Oct. 23, 1991

Oct. 23, 1991

17

ORDER THAT PLAINTIFFS' [13-1] MOTION FOR PRELIMINARY INJUNCTION IS DENIED WITH LEAVE TO RENEW IF THIS MATTER ULTIMATELY DOES NOT SETTLE. (SIGNED BY JUDGE CHARLES R. WEINER) 11/5/91 ENTERED AND COPIES MAILED. (fe) (Entered: 11/05/1991)

Nov. 4, 1991

Nov. 4, 1991

18

ORDER THAT PLAINTIFFS' [12-1] MOTION FOR LEAVE TO RENEW MOTION FOR CLASS CERTIFICATION DENIED WITH LEAVE TO RENEW IF THIS MATTER ULTIMATELY DOES NOT SETTLE. (SIGNED BY JUDGE CHARLES R. WEINER) 11/5/91 ENTERED AND COPIES MAILED. (fe) (Entered: 11/05/1991)

Nov. 4, 1991

Nov. 4, 1991

20

STIPULATION AND ORDER ON ATTORNEYS' FEES , ETC. (SIGNED BY JUDGE CHARLES R. WEINER) 12/1/92 ENTERED AND COPIES MAILED. (fe) (Entered: 12/01/1992)

Nov. 30, 1992

Nov. 30, 1992

21

STIPULATION AND ORDER ON ATTORNEYS' FEES , ETC. (SIGNED BY JUDGE CHARLES R. WEINER) 12/2/92 ENTERED AND COPIES MAILED. (fe) (Entered: 12/02/1992)

Dec. 1, 1992

Dec. 1, 1992

22

SECOND STIPULATION AND ORDER ON ATTORNEYS' FEES . (SIGNED BY JUDGE CHARLES R. WEINER). 2/24/94 ENTERED AND COPIES MAILED. (fe) (Entered: 02/24/1994)

Feb. 24, 1994

Feb. 24, 1994

23

SUPPLEMENTAL SETTLEMENT STIPULATION AND ORDER THAT THE FINAL DATE BY WHICH PLAINTIFFS' COUNSEL MAY IDENTIFY PERSONS WHO REASONABLY FIT THE CLASS DEFINIATION IS 9/30/94, ETC. (SIGNED BY JUDGE CHARLES R. WEINER). 6/28/94 ENTERED AND COPIES MAILED. (fe) (Entered: 06/28/1994)

June 27, 1994

June 27, 1994

24

FINAL STIPULATION AND ORDER THAT THIS MATTER IS HEREWITH DISMISSED WITHOUT PREJUDICE; PLFFS' COUNSEL MAY BE ENTITLED UNDER CERTAIN CIRCUMSTANCES TO ATTORNEYS' FEES FOR HOURS EXPENDED AFTER 11/1/92 TO THE EXTENT THAT THE LODESTAR FOR POST-11/1/92 WORK EXCEEDS $3,000 IN A 12 MONTH PERIOD, ETC. (SIGNED BY JUDGE CHARLES R. WEINER) 4/12/96 ENTERED AND COPIES MAILED. (fe) (Entered: 04/12/1996)

April 11, 1996

April 11, 1996

Case Details

State / Territory: Pennsylvania

Case Type(s):

Intellectual Disability (Facility)

Key Dates

Filing Date: Aug. 27, 1990

Closing Date: 1996

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons with a primary or exclusive diagnosis of mental retardation who are institutionalized in state hospitals for persons with mental illness contrary to professional judgment.

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Steve Gold

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Department of Public Welfare, State

Norristown State Hospital, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

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

Constitutional Clause(s):

Due Process

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

Content of Injunction:

Preliminary relief denied

Issues

General:

Classification / placement

Deinstitutionalization/decarceration

Habilitation (training/treatment)

Disability:

Integrated setting

Least restrictive environment

Mental Disability:

Intellectual/developmental disability, unspecified

Type of Facility:

Government-run