Case: U.S. v. Pennsylvania

3:92-cv-00033 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Feb. 10, 1992

Closed Date: 1996

Clearinghouse coding complete

Case Summary

On November 19, 1987, the United States Department of Justice notified the governor of Pennsylvania of the findings of an investigation of the Ebensburg Center in Ebensburg, Pennsylvania conducted pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA). The DOJ concluded that the constitutional rights of the residents with intellectual disabilities of the Ebensburg Center were being violated by the conditions at the facility. It alleged that the center failed to provide its resi…

On November 19, 1987, the United States Department of Justice notified the governor of Pennsylvania of the findings of an investigation of the Ebensburg Center in Ebensburg, Pennsylvania conducted pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA). The DOJ concluded that the constitutional rights of the residents with intellectual disabilities of the Ebensburg Center were being violated by the conditions at the facility. It alleged that the center failed to provide its residents with adequate training programs and the staff used inappropriate restraints. The center also failed to provide proper medical care and was understaffed.

On February 10, 1992, the United States filed a lawsuit alleging violations of CRIPA in the United States District Court for the Western District of Pennsylvania against the state of Pennsylvania. The allegations in the complaint were based on the findings of the CRIPA investigation.

On July 27, 1995, after a trial, the district court (Judge D. Brooks Smith) found that there were no constitutional violations. United States v. Pennsylvania, 902 F. Supp. 565 (W.D. Pa. 1995). The district court conceded that many residents of the facility would be better served by placement in the community, but held that the conditions in Ebensburg Center provided the minimum level of care required by the constitution. The United States Court of Appeals for the Third Circuit affirmed without opinion on August 26, 1996. United States v. Ridge, 96 F.3d 1436 (3d Cir. 1996). The PACER docket indicates that litigation regarding attorneys' fees continued through 1998.

Summary Authors

Angela Heverling (5/25/2007)

People


Judge(s)

Pesto, Keith A. (Pennsylvania)

Smith, David Brooks (Pennsylvania)

Attorneys(s) for Plaintiff

Barr, William P. (District of Columbia)

Bowers, Susan (District of Columbia)

Corbett, Thomas W. Jr. (Pennsylvania)

Dunne, John R. (District of Columbia)

Farano, Richard J. (District of Columbia)

Frohboese, Robinsue (District of Columbia)

Guzman, Philip A. (District of Columbia)

Nelson, Mellie H. (District of Columbia)

Judge(s)

Pesto, Keith A. (Pennsylvania)

Smith, David Brooks (Pennsylvania)

Attorneys(s) for Plaintiff

Barr, William P. (District of Columbia)

Bowers, Susan (District of Columbia)

Corbett, Thomas W. Jr. (Pennsylvania)

Dunne, John R. (District of Columbia)

Farano, Richard J. (District of Columbia)

Frohboese, Robinsue (District of Columbia)

Guzman, Philip A. (District of Columbia)

Nelson, Mellie H. (District of Columbia)

Patrick, Deval L. (District of Columbia)

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

Reynolds, William Bradford (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Turner, James P. (District of Columbia)

Zimmerman, LeRoy S. (Pennsylvania)

Attorneys(s) for Defendant

Davison, Douglas J. (Pennsylvania)

DeMichele, Christine D. (Pennsylvania)

Kane, John A. (Pennsylvania)

York, Thomas B. (Pennsylvania)

Other Attorney(s)

Bagenstos, Samuel R. (District of Columbia)

Miller, V. Colleen (District of Columbia)

Preston, Judith (Judy) C. (District of Columbia)

Documents in the Clearinghouse

Document

3:92-cv-00033

Docket [PACER]

June 15, 1998

June 15, 1998

Docket

Notice Letter re: CRIPA Investigation of Ebensburg Center

No Court

Aug. 8, 1986

Aug. 8, 1986

Notice Letter

Findings Letter re: CRIPA Investigation of Ebensburg Center, 42 U.S.C. Section 1997b(a)(1)

No Court

Nov. 19, 1987

Nov. 19, 1987

Findings Letter/Report

Memorandum for the Attorney General RE: Proposed Notice Letter

No Court

Feb. 9, 1990

Feb. 9, 1990

Other

3:92-cv-00033

Complaint

Jan. 13, 1992

Jan. 13, 1992

Complaint

3:92-cv-00033

United States' Proposed Order

Jan. 1, 1994

Jan. 1, 1994

Pleading / Motion / Brief
87

3:92-cv-00033

United States' Proposed Conclusion of Law and Memorandum of Law

Feb. 17, 1994

Feb. 17, 1994

Pleading / Motion / Brief
83

3:92-cv-00033

United States' Proposed Detailed Findings of Fact, Volume I

Feb. 17, 1994

Feb. 17, 1994

Pleading / Motion / Brief
84

3:92-cv-00033

United States' Proposed Detailed Findings of Fact, Volume II

Feb. 17, 1994

Feb. 17, 1994

Pleading / Motion / Brief
85

3:92-cv-00033

Appendix to the United States' Proposed Detailed Findings of Fact

Feb. 17, 1994

Feb. 17, 1994

Pleading / Motion / Brief

Resources

Docket

Last updated July 22, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
20

Stipulation by U.S.A., COMMONWEALTH OF PA, ROBERT CASEY, KAREN F. SNIDER, STEVEN M. EIDELMAN and ALAN M. BELLOMO Extending Time for discovery with proposed order. (jjg) (Entered: 02/05/1993)

Feb. 5, 1993

Feb. 5, 1993

ORDER upon stipulation granting [20-1] stipulation Extending Time for discovery, reset Discovery deadline to 3/12/93 ( signed by Judge D. B. Smith on 02/08/93 ) CM all parties of record. (jjg) (Entered: 02/10/1993)

Feb. 8, 1993

Feb. 8, 1993

21

Joint Stipulation by Parties to extend Time for discovery to 5/7/93 with proposed order. (tam) (Entered: 03/09/1993)

March 9, 1993

March 9, 1993

ORDER upon motion granting [21-1] stipulation to extend Time for discovery to 5/7/93 (signed by Judge D. B. Smith on 03/09/93) CM all parties of record. (tam) (Entered: 03/11/1993)

March 10, 1993

March 10, 1993

Deadline updated; reset Discovery deadline to 5/7/93 (tam) (Entered: 03/11/1993)

March 11, 1993

March 11, 1993

23

Non-Jury Trial set for 9:00 a.m. on 7/26/93, Courtroom A, U.S. District Court, 319 Washington St., Johnstown, PA. (jjg) (Entered: 05/19/1993)

May 17, 1993

May 17, 1993

24

NOTICE to counsel from CRD setting Pre-Trial Conference for 7/20/93 at 1:00 p.m., Room 104 Penn Traffic Bldg., 319 Washington St., Johnstown, PA. (jjg) (Entered: 07/09/1993)

July 6, 1993

July 6, 1993

25

MEMORANDUM ORDER that due to the exingencies of the Court's trial schedule and the finite amount of time available and the fact that counsel has advised the court that it will take several weeks at least to present the plaintiff's case-in-chief in this non-jury trial scheduled to commence 7/26/93, the Court is proposing to counsel the following: Each party will have the opportunity to present an opening statement which shall be no more than 2 hours in length; Each party will take videotape depositions of all witnesses, and present in lieu of live testimony, or by agreement shall submit transcripts of depositions, and as more fully stated; the parties shall begin deposing witnesses as their schedules permit, and may use the videotape facilities at the U.S. District Court, Pittsburgh, from 7/26/93 until they are completed. The parties, if they believe there are any witnesses whose videotape deposition cannot be taken and whose live testimony the Court must hear, shall present the names, subject matter, expected length of testimony, and compelling reasons why live testimony must be presented, at the final pretrial conference on 7/20/93. At the conclusion of the presentation of all the evidence by videotape deposition, stipulation, or transcript, each party will have the opportunity to present a closing statement which shall not exceed 2 hours in length. If either party wishes to follow this procedure, it will be followed, with the details to be worked out at the pretrial conference. If both parties believe that this procedure cannot be followed, they may present reasons in support thereof and proposed alternative trial dates at the pretrial conference. (signed by Judge D. B. Smith on 7/9/93) CM all parties of record. (tam) (Entered: 07/14/1993)

July 9, 1993

July 9, 1993

26

MOTION by U.S.A. in Limine to strike Defts.' First Contested Issue of Law and Fact and to exclude evidence at trial with Proposed Order. (tam) (Entered: 07/19/1993)

July 19, 1993

July 19, 1993

27

BRIEF by U.S.A. in support of [26-1] motion in Limine to strike Defts.' First Contested Issue of Law and Fact and to exclude evidence at trial by U.S.A. (tam) (Entered: 07/19/1993)

July 19, 1993

July 19, 1993

28

Revisions to Pretrial stipulation by U.S.A. (jjg) (Entered: 07/22/1993)

July 20, 1993

July 20, 1993

29

Pre-Trial Conference held before Judge D. B. Smith on 07/20/93. [ Reporter: Lisa Hand ] (jjg) (Entered: 07/22/1993)

July 20, 1993

July 20, 1993

Non-Jury Trial set for 8:45 a.m. on 7/26/93 (jjg) (Entered: 07/22/1993)

July 20, 1993

July 20, 1993

30

MEMORANDUM on Standard of Proof at Trial by USA. (jjg) (Entered: 07/26/1993)

July 26, 1993

July 26, 1993

31

REVISIONS to Pretrial stipulation by U.S.A. (jjg) (Entered: 07/26/1993)

July 26, 1993

July 26, 1993

32

TRANSCRIPT of Pretrial Conference for date of 07/20/93. Court Reporter: Lisa M. Hand. (jjg) (Entered: 07/26/1993)

July 26, 1993

July 26, 1993

Non-Jury Trial begins. Continued to 7/27/93 . (tam) (Entered: 08/02/1993)

July 26, 1993

July 26, 1993

Non-Jury Trial continued. (tam) Modified on 09/30/1993 (Entered: 08/02/1993)

July 27, 1993

July 27, 1993

Non-Jury Trial continued. (tam) Modified on 09/30/1993 (Entered: 08/02/1993)

July 29, 1993

July 29, 1993

Non-Jury Trial continued. (tam) Modified on 09/30/1993 (Entered: 08/02/1993)

July 29, 1993

July 29, 1993

Non-Jury Trial continued. (tam) Modified on 09/30/1993 (Entered: 08/02/1993)

July 30, 1993

July 30, 1993

Non-Jury Trial continued. (tam) Modified on 09/30/1993 (Entered: 08/02/1993)

Aug. 2, 1993

Aug. 2, 1993

Non-Jury Trial continued. (tam) Modified on 09/30/1993 (Entered: 08/04/1993)

Aug. 3, 1993

Aug. 3, 1993

33

Non-Jury Trial held and continued to 9/13/93 before Judge D. B. Smith [ Reporter: S. Perry ] (jjg) Modified on 09/30/1993 (Entered: 08/05/1993)

Aug. 4, 1993

Aug. 4, 1993

34

TRANSCRIPT of non-jury trial for date of 07/28/93. Court Reporter: Shirley D. Perry. (jjg) (Entered: 08/05/1993)

Aug. 5, 1993

Aug. 5, 1993

35

TRANSCRIPT of non-jury trial for date of 07/29/93. Court Reporter: Shirley D. Perry. (jjg) (Entered: 08/05/1993)

Aug. 5, 1993

Aug. 5, 1993

36

TRANSCRIPT of non-jury trial for date of 07/30/93. Court Reporter: Shirley D. Perry. (jjg) (Entered: 08/05/1993)

Aug. 5, 1993

Aug. 5, 1993

37

TRANSCRIPT of non-jury trial for date of 08/02/93. Court Reporter: Shirley D. Perry. (jjg) (Entered: 08/05/1993)

Aug. 5, 1993

Aug. 5, 1993

38

TRANSCRIPT of non-jury trail for date of 08/03/93. Court Reporter: Shirley D. Perry. (jjg) (Entered: 08/05/1993)

Aug. 5, 1993

Aug. 5, 1993

39

TRANSCRIPT of non-jury trial for date of 08/04/93. Court Reporter: Shirley D. Perry. (jjg) (Entered: 08/05/1993)

Aug. 5, 1993

Aug. 5, 1993

40

TRANSCRIPT of non-jury trial for date of 08/05/93. Court Reporter: Shirley D. Perry. (jjg) (Entered: 08/05/1993)

Aug. 5, 1993

Aug. 5, 1993

41

TRANSCRIPT of non-jury trial for date of 07/27/93. Court Reporter: Shirley D. Perry. (jjg) (Entered: 08/10/1993)

Aug. 6, 1993

Aug. 6, 1993

42

TRANSCRIPT of non-jury trial for date of 08/05/93. Court Reporter: Shirley D. Perry. (jjg) (Entered: 08/10/1993)

Aug. 6, 1993

Aug. 6, 1993

43

TRANSCRIPT of non-jury trial for date of 07/26/93. Court Reporter: Shirley D. Perry. (jjg) (Entered: 08/13/1993)

Aug. 11, 1993

Aug. 11, 1993

44

SUPPLEMENTAL MOTION by USA in Limine to exclude evidence at trial with Proposed Order. (jjg) (Entered: 09/01/1993)

Aug. 31, 1993

Aug. 31, 1993

45

BRIEF by USA in support of [44-1] supplemental motion in Limine to exclude evidence at trial by USA (jjg) (Entered: 09/01/1993)

Aug. 31, 1993

Aug. 31, 1993

47

ORDER the the resumption of trial scheduled for 09/09/93 is continued to 09/13/93 at 8:30 a.m. ( signed by Judge D. B. Smith on 09/08/93 ) CM all parties of record. (jjg) (Entered: 09/14/1993)

Sept. 9, 1993

Sept. 9, 1993

46

NOTICE of Substitution of Exhibits by USA (jjg) (Entered: 09/13/1993)

Sept. 13, 1993

Sept. 13, 1993

Non-Jury Trial continued. (jjg) (Entered: 09/14/1993)

Sept. 13, 1993

Sept. 13, 1993

Non-Jury Trial continued. (jjg) (Entered: 09/14/1993)

Sept. 14, 1993

Sept. 14, 1993

58

Non-Jury Trial held 9/15/93 through 9/17/93 and continued. Court Reporter: S. Perry. (tam) (Entered: 10/06/1993)

Sept. 17, 1993

Sept. 17, 1993

48

TRANSCRIPT of Bench Trial for dates of 09/13/93. Court Reporter: Shirley Perry. (tam) (Entered: 09/22/1993)

Sept. 22, 1993

Sept. 22, 1993

49

TRANSCRIPT of Bench Trial for dates of 09/14/93. Court Reporter: Shirley Perry. (tam) (Entered: 09/22/1993)

Sept. 22, 1993

Sept. 22, 1993

50

TRANSCRIPT of Bench Trial for dates of 09/15/93. Court Reporter: Shirley Perry. (tam) (Entered: 09/22/1993)

Sept. 22, 1993

Sept. 22, 1993

51

TRANSCRIPT bench trial for dates of 09/16/93. Court Reporter: Shirley Perry. (tam) (Entered: 09/22/1993)

Sept. 22, 1993

Sept. 22, 1993

52

TRANSCRIPT of bench trial for dates of 09/17/93. Court Reporter: Shirley Perry. (tam) (Entered: 09/22/1993)

Sept. 22, 1993

Sept. 22, 1993

53

MOTION by COMMONWEALTH OF PA, ROBERT CASEY, KAREN F. SNIDER, STEVEN M. EIDELMAN, ALAN M. BELLOMO for judgment on partial findings with Proposed Order. (jjg) (Entered: 09/28/1993)

Sept. 27, 1993

Sept. 27, 1993

BRIEF by COMMONWEALTH OF PA, ROBERT CASEY, KAREN F. SNIDER, STEVEN M. EIDELMAN, ALAN M. BELLOMO in support of [53-1] motion for judgment on partial findings by said defendants. (jjg) (Entered: 09/28/1993)

Sept. 27, 1993

Sept. 27, 1993

54

RESPONSE by USA to defendants' 09/23/93 correspondence to the court. (jjg) (Entered: 09/30/1993)

Sept. 28, 1993

Sept. 28, 1993

55

ORDER granting the Commonwealth's motion for protective relief and denying [53-1] motion for judgment on partial findings. ( signed by Judge D. B. Smith on 09/28/93 ) CM all parties of record. (jjg) (Entered: 10/04/1993)

Sept. 28, 1993

Sept. 28, 1993

57

NOTICE of supplemental authorities in support of pending motions by USA. (jjg) (Entered: 10/05/1993)

Oct. 1, 1993

Oct. 1, 1993

Non-Jury Trial continued. (tam) (Entered: 10/12/1993)

Oct. 12, 1993

Oct. 12, 1993

59

FIRST set of counter-designations from deposition transcripts to be introduced into evidence at trail by Defendants. (tam) (Entered: 10/12/1993)

Oct. 12, 1993

Oct. 12, 1993

Non-Jury Trial continued. (tam) (Entered: 10/13/1993)

Oct. 13, 1993

Oct. 13, 1993

Non-Jury Trial continued. (tam) (Entered: 10/14/1993)

Oct. 14, 1993

Oct. 14, 1993

Non-Jury Trial continued. (tam) (Entered: 10/18/1993)

Oct. 18, 1993

Oct. 18, 1993

Non-Jury Trial continued (tam) (Entered: 10/19/1993)

Oct. 19, 1993

Oct. 19, 1993

60

Non-Jury Trial continued. Court Reporter: S. Perry. (tam) (Entered: 10/21/1993)

Oct. 19, 1993

Oct. 19, 1993

61

TRANSCRIPT of non-jury trial held 9/12/93. Court Reporter: Shirley Perry. (tam) (Entered: 10/21/1993)

Oct. 21, 1993

Oct. 21, 1993

62

TRANSCRIPT of non jury trial held on 10/13/93. Court Reporter: Shirley Perry. (tam) (Entered: 10/21/1993)

Oct. 21, 1993

Oct. 21, 1993

63

TRANSCRIPT of non jury trial held on 10/14/93. Court Reporter: Shirley Perry. (tam) (Entered: 10/21/1993)

Oct. 21, 1993

Oct. 21, 1993

64

TRANSCRIPT of non jury trial held on 10/15/93. Court Reporter: Shirley Perry. (tam) (Entered: 10/21/1993)

Oct. 21, 1993

Oct. 21, 1993

65

TRANSCRIPT of non jury trial held on 10/18/93. Court Reporter: Shirley Perry. (tam) (Entered: 10/21/1993)

Oct. 21, 1993

Oct. 21, 1993

66

TRANSCRIPT of non jury trial held on 10/19/93. Court Reporter: Shirley Perry. (tam) (Entered: 10/21/1993)

Oct. 21, 1993

Oct. 21, 1993

67

MOTION by USA for Remedy Hearing following liability determination with Proposed Order. (jjg) (Entered: 11/03/1993)

Nov. 1, 1993

Nov. 1, 1993

68

BRIEF by USA in support of [67-1] motion for Remedy Hearing following liability determination by USA (jjg) (Entered: 11/03/1993)

Nov. 1, 1993

Nov. 1, 1993

69

MOTION by USA for rebuttal testimony . (jjg) (Entered: 11/03/1993)

Nov. 1, 1993

Nov. 1, 1993

70

Proffer of Rebuttal Testimony by USA. (jjg) (Entered: 11/03/1993)

Nov. 1, 1993

Nov. 1, 1993

71

BRIEF by COMMONWEALTH OF PA, ROBERT CASEY, KAREN F. SNIDER, STEVEN M. EIDELMAN, ALAN M. BELLOMO in opposition to [67-1] motion for Remedy Hearing following liability determination by USA (jjg) (Entered: 11/09/1993)

Nov. 5, 1993

Nov. 5, 1993

72

REPLY by USA to [71-1] brief in opposition by ALAN M. BELLOMO, STEVEN M. EIDELMAN, KAREN F. SNIDER, ROBERT CASEY, COMMONWEALTH OF PA (jjg) (Entered: 11/09/1993)

Nov. 5, 1993

Nov. 5, 1993

73

SUPPLEMENTAL MOTION by USA for rebuttal testimony with Proposed Order. (jjg) (Entered: 11/09/1993)

Nov. 5, 1993

Nov. 5, 1993

74

BRIEF by COMMONWEALTH OF PA, ROBERT CASEY, KAREN F. SNIDER, STEVEN M. EIDELMAN, ALAN M. BELLOMO in opposition to [69-1] motion for rebuttal testimony by USA (jjg) (Entered: 11/15/1993)

Nov. 15, 1993

Nov. 15, 1993

75

RESPONSE by COMMONWEALTH OF PA, ROBERT CASEY, KAREN F. SNIDER, STEVEN M. EIDELMAN, ALAN M. BELLOMO to United States' reply concerning motion for rebuttal testimony. (jjg) (Entered: 11/19/1993)

Nov. 18, 1993

Nov. 18, 1993

76

REPLY by USA to response in opposition to [69-1] motion for rebuttal testimony by USA (tam) (Entered: 11/22/1993)

Nov. 22, 1993

Nov. 22, 1993

77

ORDER granting in part, denying in part [69-1] motion for rebuttal testimony; granting [73-1] supplemental motion for rebuttal testimony; rebuttal will be held on 12/13/93 at 9:00 a.m. with counsel to have three hours of clock time each; and as more fully stated in said order. ( signed by Judge D. B. Smith on 11/23/93 ) CM all parties of record. (jjg) (Entered: 11/23/1993)

Nov. 23, 1993

Nov. 23, 1993

79

ORDER that in the interim between the 11/23/93 memorandum order (document #77) and next Monday's scheduled rebuttal testimony, several issues have arisen which have been communicated and inpart resolved through conference calls. To memorialize what has been decided, said order is issued and those matters are more fully stated in said order. (signed by Judge D. B. Smith on 12/10/93 ) CM all parties of record. (tam) (Entered: 12/14/1993)

Dec. 10, 1993

Dec. 10, 1993

78

PROFFER OF TESTIMONY regarding Jeff K. by USA. (tam) (Entered: 12/13/1993)

Dec. 13, 1993

Dec. 13, 1993

Non-Jury Trial continued and concluded on 12/13/93. (jjg) (Entered: 12/17/1993)

Dec. 13, 1993

Dec. 13, 1993

80

Hearing Memo on Rebuttal held before Judge Smith on 12/13/93. Court Reporter: S. Perry. (jjg) (Entered: 12/17/1993)

Dec. 14, 1993

Dec. 14, 1993

81

TRANSCRIPT of non-jury trial for date of 12/13/93. Court Reporter: Shirley D. Perry. (jjg) (Entered: 12/21/1993)

Dec. 17, 1993

Dec. 17, 1993

82

ORDER setting final argument for 3/4/94 at 9:00 a.m., Courtroom A, Johnstown, PA; Proposed Find of Fact and Concl of Law due 2/15/94, with replies to be filed by 02/25/94. ( signed by Judge D. B. Smith on 01/21/94 ) CM all parties of record. (jjg) (Entered: 01/21/1994)

Jan. 21, 1994

Jan. 21, 1994

84

Proposed Findings of Fact - Volume II by USA (tam) (Entered: 02/17/1994)

Feb. 17, 1994

Feb. 17, 1994

85

APPENDIX to [84-1] Proposed Findings of Fact by USA and [83-1] Proposed Findings of Fact by USA (tam) (Entered: 02/17/1994)

Feb. 17, 1994

Feb. 17, 1994

86

PROPOSED SUMMARY FINDINGS OF FACT by USA (tam) (Entered: 02/17/1994)

Feb. 17, 1994

Feb. 17, 1994

87

Proposed Conclusions of Law by USA (tam) (Entered: 02/17/1994)

Feb. 17, 1994

Feb. 17, 1994

BRIEF by USA in support of Proposed Conclusions of Law. (w/Document #87). (tam) (Entered: 02/17/1994)

Feb. 17, 1994

Feb. 17, 1994

Proposed Order by USA (tam) (Entered: 02/17/1994)

Feb. 17, 1994

Feb. 17, 1994

88

Proposed Findings of Fact and Conclusions of Law by COMMONWEALTH OF PA, ROBERT CASEY, KAREN F. SNIDER, STEVEN M. EIDELMAN, and ALAN M. BELLOMO (jjg) (Entered: 02/18/1994)

Feb. 18, 1994

Feb. 18, 1994

89

MEMORANDUM ORDER denying as moot [44-1] motion in Limine to exclude evidence at trial and denying as moot [26-1] motion in Limine to strike Defts.' First Contested Issue of Law and Fact and to exclude evidence at trial to the extent not otherwise rule upon as set forth and more fully stated in Order. (signed by Judge D. B. Smith on 03/09/94) CM all parties of record. (tam) (Entered: 03/11/1994)

March 10, 1994

March 10, 1994

90

MOTION by COMMONWEALTH OF PA, ROBERT CASEY, KAREN F. SNIDER, STEVEN M. EIDELMAN, and ALAN M. BELLOMO to Extend Time to file Second Supplemental Proposed Findings of Fact with Proposed Order. (jjg) (Entered: 03/14/1994)

March 11, 1994

March 11, 1994

91

Supplemental Proposed Findings of Fact and Conclusions of Law by COMMONWEALTH OF PA, ROBERT CASEY, KAREN F. SNIDER, STEVEN M. EIDELMAN, and ALAN M. BELLOMO (jjg) (Entered: 03/14/1994)

March 11, 1994

March 11, 1994

92

RESPONSE by USA to [88-1] Proposed Findings of Fact by ALAN M. BELLOMO, STEVEN M. EIDELMAN, KAREN F. SNIDER, ROBERT CASEY, and COMMONWEALTH OF PA (jjg) (Entered: 03/14/1994)

March 14, 1994

March 14, 1994

93

NOTICE to counsel from CRD scheduling Final Argument for 04/13/94 at 9:30 a.m., USDC, Courtroom A, Penn Traffic Bldg., 319 Washington St., Johnstown, PA. (jjg) (Entered: 03/15/1994)

March 14, 1994

March 14, 1994

Non-Jury Trial continued to 4/13/94 at 9:30 a.m. (jjg) (Entered: 03/15/1994)

March 14, 1994

March 14, 1994

94

RESPONSE In Opposition by USA to [90-1] motion to Extend Time to file Second Supplemental Proposed Findings of Fact by ALAN M. BELLOMO, STEVEN M. EIDELMAN, KAREN F. SNIDER, ROBERT CASEY, and COMMONWEALTH OF PA (tam) (Entered: 03/18/1994)

March 18, 1994

March 18, 1994

95

Second Supplemental Proposed Findings of Fact and Conclusions of Law by COMMONWEALTH OF PA, ROBERT CASEY, KAREN F. SNIDER, STEVEN M. EIDELMAN, and ALAN M. BELLOMO (jjg) (Entered: 03/28/1994)

March 25, 1994

March 25, 1994

96

MOTION by USA for Status Conference . (jjg) (Entered: 03/28/1994)

March 28, 1994

March 28, 1994

ORDER upon motion granting [90-1] motion to Extend Time to file Second Supplemental Proposed Findings of Fact. Defendants shall file their Second Supplemental Proposed Findings of Fact on or before 3/25/94. (signed by Judge D. B. Smith on 03/28/94) CM all parties of record. (tam) (Entered: 03/29/1994)

March 28, 1994

March 28, 1994

97

REPLY to USA's response in opposition to [90-1] motion to Extend Time to file Second Supplemental Proposed Findings of Fact by ALAN M. BELLOMO, STEVEN M. EIDELMAN, KAREN F. SNIDER, ROBERT CASEY and COMMONWEALTH OF PA (tam) (Entered: 03/29/1994)

March 29, 1994

March 29, 1994

98

ORDER denying [56-1] motion for Reconsideration of [55-1] order denying defendants' motion for judgment on partial findings, denying [67-1] motion for Remedy Hearing following liability determination ( signed by Judge D. B. Smith on 03/31/94 ) CM all parties of record. (jjg) (Entered: 04/01/1994)

March 31, 1994

March 31, 1994

Case Details

State / Territory: Pennsylvania

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 10, 1992

Closing Date: 1996

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Pensylvania (Ebensburg , Cambria), State

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Issues

General:

Habilitation (training/treatment)

Restraints : chemical

Restraints : physical

Staff (number, training, qualifications, wages)

Mental Disability:

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run