Case: U.S. v. Pennsylvania

2:93-cv-02094 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: April 21, 1993

Closed Date: Jan. 5, 2005

Clearinghouse coding complete

Case Summary

On September 1986, the Civil Rights Division of the U.S. Department of Justice [DOJ] notified the Commonwealth of Pennsylvania [State], pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. §1997, that it was commencing an investigation into conditions at the Embreeville Center in Coatesville, Pennsylvania. Embreeville was a State operated facility that provided care and treatment for residents with intellectual disabilities.The investigation included tours of the fac…

On September 1986, the Civil Rights Division of the U.S. Department of Justice [DOJ] notified the Commonwealth of Pennsylvania [State], pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. §1997, that it was commencing an investigation into conditions at the Embreeville Center in Coatesville, Pennsylvania. Embreeville was a State operated facility that provided care and treatment for residents with intellectual disabilities.

The investigation included tours of the facility in December 1986, April 1987 and March 1989 with physicians and a psychologists. DOJ's experts also examined resident records, reviewed numerous documents, interviewed facility administrators and staff, and observed and spoke with residents. Following several years of investigation, the DOJ issued its findings letter on February 9, 1990. The DOJ advised the State that it found constitutional violations at the Embreeville Center in the areas of 1. Inadequate training programs; and 2. Inappropriate use of psychotropic medication and shortage of registered nurses. The findings letter outlined proposed remedies to correct those problems.

Negotiations followed between the DOJ and the State to arrive at agreed reforms at Embreeville. Negotiations broke down in November 1990 when the State indicated that it would not voluntarily enter into a consent decree.

The DOJ conducted another tour of the facility in April 1991 and reviewed additional documents to determine whether conditions at Embreeville had improved. The continued investigation revealed other areas of grave concern at Embreeville. One example the DOJ uncovered concerned the death of a resident who suffered from cardiac and respiratory arrest. DOJ experts found that there was a 13 minute delay from the time that a resident was noted to have suffered cardiac and respiratory arrest until the time that a doctor was notified. It took an additional 10 minutes for emergency medical personnel to arrive. Those delays resulted in the resident's death.

The DOJ issued a subsequent findings letter in November 1991, outlining additional and continuing constitutional violations, which included inadequate medical care and abuse and neglect of Embreeville residents. The DOJ again advised the State of its willingness to enter into a negotiated consent decree to remedy the violations at Embreeville without litigation.

As the State refused to negotiate a settlement of the case, on April 21, 1993, the DOJ filed a lawsuit pursuant to CRIPA 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. The suit was styled U.S. v. Pennsylvania, Civil Action No. 93-CV-2094.

On June 24, 1993, a group of Embreeville residents were granted leave by the District Court (Judge Clarence C. Newcomer) to intervene as a party plaintiff in the case.

Defendants moved to dismiss the case for failure to state a claim under CRIPA and failure of the DOJ to comply with CRIPA's pre-filling certification requirements. The District Court (Judge Newcomer) denied the motion. U.S. v. Pennsylvania, 832 F.Supp. 122 (E.D.Pa. 1993).

A similar lawsuit was filed on January 24, 1994 by individual plaintiffs, the Pennsylvania Protection Advocacy, Inc. and Arc-Pennsylvania in the United States District Court for the Eastern District of Pennsylvania, challenging conditions at the Embreeville Center. The suit was styled Nelson v. Martin, Civil Action No. 94-CV- 440. [ID-PA-4 of this collection].

On March 28, 1994, the District Court (Judge 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. The parties proceeded with discovery and prepared the case for trial.

The District Court issued several pre-trial rulings, granting motions in limine filed by the DOJ. On first motion, the District Court held that the DOJ's burden of proof under CRIPA was the same as the individual plaintiffs in the case and that the DOJ was not required to prove "egregious or flagrant" conduct by defendants to prevail. U.S. v. Pennsylvania, 863F.Supp. 217 (E.D.Pa. 1994). On the DOJ's second limine motion, the District Court applied the doctrine of issue preclusion and held that Defendants were bound by the findings made by Judge Broderick in the case Halderman v. Pennhurst, 74-cv-1345 (E. D.Pa.1994), which involved some of the same issues. Specifically, the Court held that the defendants could not relitigate the following issues: 1) psychotropic medication practices at Embreeville were deficient; 2) the residents of Embreeville were unnecessarily segregated from the community and denied minimally adequate habilitation; 3) institutionalization had deleterious effects on those with intellectual disabilities and community placement benefits of such persons; and 4) services provided to persons with intellectual disabilities living in Philadelphia County were inadequate. U.S. v. Pennsylvania, 1994 WL 502352 (E.D.Pa. Sept. 12 1994).

Following the Court's pre-trial rulings, the parties settled the case on the eve of trial. A settlement hearing was held on November 29, 1994 and the District Court approved the Settlement Agreement the next day. U.S. v. Pennsylvania, 160 F.R.D. 46 (E.D.Pa. 1994). The Agreement called for the downsizing and eventual closure of the Embreeville Center by September 1997 and the phase out placement of all residents. By its terms, the Agreement was to be in force at least until 12 months after the placement of the last resident from Embreeville into the community. Litigation over attorneys' fees and costs followed, resulting in fee awards in excess of $250,000 to plaintiffs' attorneys.

On April 10, 1995, the Court appointed Edward R Skarnulis, Ph.D. as monitor, to oversee the remediation phase.

According to the PACER docket, a Stipulated Agreement was entered by the Court on March 20, 2000. A linked copy of the Stipulated Agreement was not available on PACER and its terms are therefore unknown.

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

We have no further information on the case.

Summary Authors

Dan Dalton (3/19/2007)

Related Cases

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

Nelson v. Snider, Eastern District of Pennsylvania (1994)

People


Judge(s)

Brimmer, Clarence Addison Jr. (Wyoming)

Newcomer, Clarence Charles (Pennsylvania)

Attorneys(s) for Plaintiff

Acosta, R. Alexander (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Chen, Pamela K. (District of Columbia)

Cohn, Debra Leanne Wrobel (Pennsylvania)

Deutsch, David (District of Columbia)

Dunne, John R. (District of Columbia)

Gran, Judith A. (Pennsylvania)

Guzman, Philip A. (District of Columbia)

Judge(s)

Brimmer, Clarence Addison Jr. (Wyoming)

Newcomer, Clarence Charles (Pennsylvania)

Attorneys(s) for Plaintiff

Acosta, R. Alexander (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Chen, Pamela K. (District of Columbia)

Cohn, Debra Leanne Wrobel (Pennsylvania)

Deutsch, David (District of Columbia)

Dunne, John R. (District of Columbia)

Gran, Judith A. (Pennsylvania)

Guzman, Philip A. (District of Columbia)

Johnson, Elizabeth (District of Columbia)

Masling, Mark S. (District of Columbia)

Murphy, Mark J. (Pennsylvania)

Nelson, Mellie H. (District of Columbia)

Patrick, Deval L. (District of Columbia)

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

Reno, Janet (District of Columbia)

Schlozman, Bradley (District of Columbia)

Shane, Ilene W. (Pennsylvania)

Stern, Robert H. (District of Columbia)

Turner, James P. (District of Columbia)

Attorneys(s) for Defendant

Ulan, Howard (Pennsylvania)

York, Thomas B. (Pennsylvania)

Other Attorney(s)

Rotko, Michael J. (Pennsylvania)

Tiryak, Edmund A. (Pennsylvania)

Expert/Monitor/Master

Kramer, Barry N. (Pennsylvania)

Documents in the Clearinghouse

Document

2:93-cv-02094

Docket [PACER]

Jan. 5, 2005

Jan. 5, 2005

Docket

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

No Court

Feb. 9, 1990

Feb. 9, 1990

Findings Letter/Report

Findings Letter re: CRIPA re-investigation of Embreeville Center, Coatesville

No Court

Nov. 26, 1991

Nov. 26, 1991

Findings Letter/Report
1

2:93-cv-02094

Complaint

April 21, 1993

April 21, 1993

Complaint
12

2:93-cv-02094

Memorandum

832 F.Supp. 122

Aug. 31, 1993

Aug. 31, 1993

Order/Opinion

2:93-cv-02094

Memorandum

863 F.Supp. 217

Aug. 13, 1994

Aug. 13, 1994

Order/Opinion
65

2:93-cv-02094

Memorandum

1994 WL 502352, 1994 U.S.Dist.LEXIS 13005

Sept. 12, 1994

Sept. 12, 1994

Order/Opinion

2:93-cv-02094

Memorandum re: Recommendation of Approval of Settlement Agreement in United States v. Pennsylvania, Civil No. 93-CV-2094

Sept. 13, 1994

Sept. 13, 1994

Other

2:93-cv-02094

1686218

Press Release and Information Regarding Settlement in U.S. v. Pennsylvania

No Court

Sept. 19, 1994

Sept. 19, 1994

Press Release
75

2:93-cv-02094

Order

160 F.R.D. 46

Nov. 30, 1994

Nov. 30, 1994

Order/Opinion

Resources

Docket

Last updated Aug. 14, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. (mrs) (Entered: 04/21/1993)

April 21, 1993

April 21, 1993

Summons(es) issued Forwarded to: given to AUSA 04/21/93 (mrs) Modified on 04/21/1993 (Entered: 04/21/1993)

April 21, 1993

April 21, 1993

Standard Case Management Track. (mrs) (Entered: 04/21/1993)

April 21, 1993

April 21, 1993

2

Acknowledgement of service as to DEFENDANT KAREN F. SNIDER 5/17/93 (ph) (Entered: 05/25/1993)

May 25, 1993

May 25, 1993

3

MOTION TO INTERVENE BY MOVANT EMBREEVILLE RESIDENT AS PARTY PLAINTIFF , MEMORANDUM, CERTIFICATE OF SERVICE. (Complaint attached) (ph) (Entered: 06/02/1993)

June 2, 1993

June 2, 1993

4

UNCONTESTED MOTION by DEFENDANT COMMONWEALTH OF PA, DEFENDANT ROBERT CASEY, DEFENDANT KAREN F. SNIDER, DEFENDANT NANCY THALER, DEFENDANT REUBEN SHONEBAUM TO EXTEND TIME TO RESPOND TO COMPLAINT , CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (ph) (Entered: 06/09/1993)

June 9, 1993

June 9, 1993

5

ORDER GRANTING DEFENDANTS' MOTION FOR ENLARGEMENT OF TIME TO ANSWER COMPLAINT, RESET ANSWER DUE FOR 6/11/93 FOR REUBEN SHONEBAUM, FOR NANCY THALER, FOR KAREN F. SNIDER, FOR CASEY, FOR COMMONWEALTH OF PA ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 6/14/93 ENTERED AND COPIES MAILED. (ph) (Entered: 06/14/1993)

June 11, 1993

June 11, 1993

6

MOTION by DEFENDANT COMMONWEALTH OF PA, DEFENDANT ROBERT CASEY, DEFENDANT KAREN F. SNIDER, DEFENDANT NANCY THALER, DEFENDANT REUBEN SHONEBAUM TO DISMISS , BRIEF, CERTIFICATE OF SERVICE. (ph) (Entered: 06/14/1993)

June 14, 1993

June 14, 1993

7

Response by PLAINTIFF UNITED STATES to [3-1] MOTION TO INTERVENE BY MOVANT EMBREEVILLE RESIDENT AS PARTY PLAINTIFF, Certificate of service (ph) (Entered: 06/23/1993)

June 23, 1993

June 23, 1993

8

ORDER GRANTING MOTION TO INTERVENE BY MOVANT EMBREEVILLE RESIDENT AS PARTY PLAINTIFF ETC ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 6/25/93 ENTERED AND COPIES MAILED. (ph) (Entered: 06/25/1993)

June 24, 1993

June 24, 1993

9

Intervenor's complaint by MOVANT EMBREEVILLE RESIDENT against DEFENDANT COMMONWEALTH OF PA, DEFENDANT ROBERT CASEY, DEFENDANT KAREN F. SNIDER, DEFENDANT NANCY THALER, DEFENDANT REUBEN SHONEBAUM (ph) (Entered: 06/25/1993)

June 24, 1993

June 24, 1993

10

Memorandum by PLAINTIFF UNITED STATES in opposition to [6-1] MOTION TO DISMISS, Certificate of service (ph) (Entered: 06/30/1993)

June 29, 1993

June 29, 1993

Pre-trial conference SET at 11:15 8/17/93 (ph) (Entered: 08/03/1993)

Aug. 2, 1993

Aug. 2, 1993

11

PRETRIAL SCHEDULING ORDER FILED, ETC. ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 8/27/93 ENTERED AND COPIES MAILED BY CHAMBERS. (cd) (Entered: 08/27/1993)

Aug. 27, 1993

Aug. 27, 1993

12

MEMORANDUM AND ORDER DENYING DEFENDANTS' MOTION TO DISMISS; DEFENDANTS' ARE ORDERED TO FILE AN ANSWER WITHIN 5 DAYS OF THIS ORDER ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 9/2/93 ENTERED AND COPIES MAILED. (ph) (Entered: 09/02/1993)

Sept. 2, 1993

Sept. 2, 1993

13

ORDER THAT UPON CONSIDERATION OF PARTIES' PROPOSED JOINT DISCOVERY-MANAGEMENT PLAN, THE PLAN IS ADOPTED AS MODIFIED BY THE COURT; CUT-OFF DATE FOR SUMMARY JUDGMENT AND IN LIMINE MOTIONS 7/1/94; PRETRIAL MEMORANDA & EXCHANGE OF EXHIBITS AND WITNESS LIST 7/1/94; FINAL PRETRIAL CONFERENCE BY 8/1/94. TRIAL DATE FOR 9/1/94 . ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 9/9/93 ENTERED AND COPIES MAILED. (kw) (Entered: 04/25/1994)

Sept. 8, 1993

Sept. 8, 1993

14

Answer to Complaint by DEFENDANT COMMONWEALTH OF PA, DEFENDANT ROBERT CASEY, DEFENDANT KAREN F. SNIDER, DEFENDANT NANCY THALER, DEFENDANT REUBEN SHONEBAUM (Attorney THOMAS B. YORK), Certificate of Service. (mc) (Entered: 09/23/1993)

Sept. 23, 1993

Sept. 23, 1993

ISSUE JOINED. (mc) (Entered: 09/23/1993)

Sept. 23, 1993

Sept. 23, 1993

15

Answer by COMMONWEALTH OF PA, ROBERT CASEY, KAREN F. SNIDER, NANCY THALER, REUBEN SHONEBAUM to [9-1] intervenor complaint, Certificate of Service. (mc) (Entered: 09/23/1993)

Sept. 23, 1993

Sept. 23, 1993

16

MOTION by DEFENDANT COMMONWEALTH OF PA, DEFENDANT ROBERT CASEY, DEFENDANT KAREN F. SNIDER, DEFENDANT NANCY THALER, DEFENDANT REUBEN SHONEBAUM TO EXTEND TIME TO RESPOND TO DISCOVERY REQUESTS , CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (ph) (Entered: 10/04/1993)

Oct. 4, 1993

Oct. 4, 1993

17

Appearance of PAMELA K. CHEN and MARK MASLING for PLAINTIFF UNITED STATES, Certificate of service (ph) (Entered: 10/06/1993)

Oct. 5, 1993

Oct. 5, 1993

18

ORDER GRANTING DEFENDANTS' MOTION TO EXTEND TIME TO RESPOND TO DISCOVERY REQUESTS ETC ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 10/7/93 ENTERED AND COPIES MAILED. (ph) (Entered: 10/07/1993)

Oct. 6, 1993

Oct. 6, 1993

19

MOTION by PLAINTIFF UNITED STATES TO STRIKE DEFENDANTS' SECOND DEFENSE OR IN THE ALTERNATIVE FOR PARTIAL SUMMARY JUDGMENT , MEMORANDUM, CERTIFICATE OF SERVICE. (ph) (Entered: 10/13/1993)

Oct. 13, 1993

Oct. 13, 1993

20

MOTION by DEFENDANT COMMONWEALTH OF PA, DEFENDANT ROBERT CASEY, DEFENDANT KAREN F. SNIDER, DEFENDANT NANCY THALER, DEFENDANT REUBEN SHONEBAUM TO EXTEND TIME TO RESPOND TO DISCOVERY REQUESTS , CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (ph) (Entered: 10/18/1993)

Oct. 15, 1993

Oct. 15, 1993

21

ORDER GRANTING DEFENDANTS' UNCONTESTED MOTION TO EXTEND TIME TO RESPOND TO DISCOVERY REQUESTS ETC ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 10/19/93 ENTERED AND COPIES MAILED. (ph) (Entered: 10/19/1993)

Oct. 19, 1993

Oct. 19, 1993

22

Response by DEFENDANT COMMONWEALTH OF PA, DEFENDANT ROBERT CASEY, DEFENDANT KAREN F. SNIDER, DEFENDANT NANCY THALER, DEFENDANT REUBEN SHONEBAUM to [19-1] MOTION TO STRIKE DEFENDANTS' SECOND DEFENSE OR IN THE ALTERNATIVE FOR PARTIAL SUMMARY JUDGMENT, Certificate of service (ph) (Entered: 10/27/1993)

Oct. 26, 1993

Oct. 26, 1993

23

ORDER GRANTING PLAINTIFF'S MOTION TO STRIKE DEFENDANTS' SECOND DEFENSE OR IN THE ALTERNATIVE FOR PARTIAL SUMMARY JUDGMENT; ETC SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 11/2/93 ENTERED AND COPIES MAILED. (ph) (Entered: 11/02/1993)

Nov. 1, 1993

Nov. 1, 1993

24

ORDER THAT PLAINTIFF'S MOTION TO CONSOLIDATE 94-440 AND 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 ETC ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 3/29/94 ENTERED AND COPIES MAILED. (ph) (Entered: 03/29/1994)

March 28, 1994

March 28, 1994

Consolidated Lead Case (ph) (Entered: 03/29/1994)

March 28, 1994

March 28, 1994

25

Response by DEFENDANT COMMONWEALTH OF PA, DEFENDANT ROBERT CASEY, DEFENDANT KAREN F. SNIDER, DEFENDANT NANCY THALER, DEFENDANT REUBEN SHONEBAUM to motion for class certification, Certificat of service (ph) (Entered: 04/13/1994)

April 13, 1994

April 13, 1994

26

ORDER THAT PLAINTIFFS' MOTION FOR CLASS CERTIFICAITON IS GRANTED; A CLASS OF PLAINTIFFS IS CERTIFIED PURSUANT TO FRCP 23 ETC ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 4/26/94 ENTERED AND COPIES MAILED. (ph) (Entered: 04/26/1994)

April 26, 1994

April 26, 1994

27

ORDER THAT THIS COURT'S ORDER OF 4/26/94 IS AMENDED TO CERTIFY A CLASS OF PLAINTIFFS PURSUANT TO FRCP 23 AS FOLLOWS: ALL PERSONS WHO, ON OR AFTER 4/21/93, RESIDED OR WILL RESIDE AT EMBREEVILLE CENTER; ALL PERSONS WHO HAVE BEEN TRANSFERRED OR WILL BE TRANSFERRED FROM EMBREEVILLE CENTER AFTER 4/21/93, AND WHO REMAIN DEFENDANTS' LEGAL RESPONSIBILITY; AND ALL PERSONS AT RISK OF BEING PLACED AT EMBREEVILLE CENTER ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 5/12/94 ENTERED AND COPIES MAILED. (ph) (Entered: 05/12/1994)

May 11, 1994

May 11, 1994

All pleadings received from case # 94-440 per order of March 28, 1994. (ph) (Entered: 05/20/1994)

May 20, 1994

May 20, 1994

28

MOTION by DEFENDANT COMMONWEALTH OF PA, DEFENDANT ROBERT CASEY, DEFENDANT NANCY THALER, DEFENDANT REUBEN SHONEBAUM, DEFENDANT KAREN F. SNIDER TO EXTEND TIME TO FILE PRE TRIAL MEMORANDUM AND MOTIONS , CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (ph) (Entered: 06/27/1994)

June 27, 1994

June 27, 1994

29

ORDER GRANTING DEFENDANTS' MOTION TO EXTEND TIME TO FILE PRE TRIAL MEMORANDUM AND MOTIONS, RESET SCHEDULING ORDER DEADLINES: DEADLINE FOR FILING OF SUMMARY JUDGMENT AND MOTIONS IN LIMINE BY 7/15/94; PLAINTIFF'S PRETRIAL MEMORANDUM DUE 7/15/94; DEFENDANT'S PRETRIAL MEMORANDUM DUE 7/15/94 ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 6/30/94 ENTERED AND COPIES MAILED. (ph) (Entered: 06/30/1994)

June 29, 1994

June 29, 1994

30

Appearance of EDMOND A. TIRYAK for INTERVENOR-PLAINTIFF EMBREEVILLE RESIDENT, Certificate of service (ph) (Entered: 07/05/1994)

July 1, 1994

July 1, 1994

32

Plaintiffs' Pretrial Memorandum, exhibits, certificate of service. (td) (Entered: 07/15/1994)

July 15, 1994

July 15, 1994

33

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

July 15, 1994

July 15, 1994

34

ORDER, RESET SCHEDULING ORDER DEADLINES: PRETRIAL CONFERENCE BY 3:15 7/27/94; TRIAL POOL DEADLINE SET FOR 9/6/94 ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 7/19/94 ENTERED AND COPIES MAILED. (ph) (Entered: 07/19/1994)

July 18, 1994

July 18, 1994

35

MOTION by HARRY NELSON TO AMEND THE COMPLAINT , MEMORANDUM, CERTIFICATE OF SERVICE. (tc) (Entered: 07/27/1994)

July 26, 1994

July 26, 1994

36

ORDER THAT ALL OBJECTIONS TO EXHIBITS IDENTIFIED IN THE PARTIES' PRETRIAL MEMORANDA SHALL BE SERVED AND FILED BY 8/23/94; OBJECTIONS SHALL STATE THE SPECIFIC GROUNDS UPON WHICH THE OBJECTION IS BASED; EXHIBITS TO WHICH NO OBJECTIONS HAVE BEEN RAISED SHALL BE ADMITTED IF OFFERED AT TRIAL ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 7/28/94 ENTERED AND COPIES MAILED. (ph) (Entered: 07/28/1994)

July 27, 1994

July 27, 1994

37

ORDER THAT UPON AGREEMENT OF THE PARTIES, IT IS ORDERED THAT COUNSEL FOR ALL PARTIES TO THESE CONSOLIDATED CASES ARE DIRECTED TO MEET AND REVIEW THE SETTLEMENT STATUS OF THIS CASE, AND REPORT THE RESULTS TO THE COURT IN WRITING BY 8/15/94; ALL COMMONWEALTH OF PA. OFFICIALS NEEDED TO APPROVE A SETTLEMENT SHALL BE AVAILABLE TO MEET WITH COUNSEL FOR PLAINTIFFS WITHIN THIS TIME ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 7/28/94 ENTERED AND COPIES MAILED. (ph) (Entered: 07/28/1994)

July 27, 1994

July 27, 1994

38

Praecipe by PLAINTIFF UNITED STATES requesting that the following individuals be removed from the list of attorneys of record: Attorney General JANET RENO, former Assistant Attorney General JAMES P. TURNER, former Department of Justice Trial Attorney PHILIP A. GUZMAN, Certificate of service. (ph) (Entered: 07/29/1994)

July 29, 1994

July 29, 1994

39

Memorandum by DEFENDANT COMMONWEALTH OF PA, DEFENDANT ROBERT CASEY, DEFENDANT NANCY THALER, DEFENDANT REUBEN SHONEBAUM, DEFENDANT KAREN F. SNIDER in opposition to [31-1] MOTION IN LIMINE, Certificate of service (ph) (Entered: 07/29/1994)

July 29, 1994

July 29, 1994

40

PLAINTIFF UNITED STATES' Reply Memorandum in Support of its Motion in Limine, certificate of service. (aa) (Entered: 08/03/1994)

Aug. 3, 1994

Aug. 3, 1994

42

MOTION BY PLAINTIFF UNITED STATES TO APPLY THE DOCTRINE OF ISSUE PRECLUSION TO CERTAIN FACTUAL FINDINGS MADE IN HALDERMAN V. PENNHURST , MEMORANDUM, CERTIFICATES OF SERVICE. (fe) (Entered: 08/09/1994)

Aug. 9, 1994

Aug. 9, 1994

43

MOTION BY DEFENDANT COMMONWEALTH OF PA, DEFENDANT ROBERT CASEY, DEFENDANT NANCY THALER, DEFENDANT REUBEN SHONEBAUM, DEFENDANT KAREN F. SNIDER FOR A RULING ON THE ADMISSIBILITY OF EXPERT TESTIMONY , CERTIFICATE OF SERVICE. (fe) (Entered: 08/19/1994)

Aug. 19, 1994

Aug. 19, 1994

44

MOTION by DEFENDANT COMMONWEALTH OF PA, DEFENDANT ROBERT CASEY, DEFENDANT NANCY THALER, DEFENDANT REUBEN SHONEBAUM TO COMPEL RESPONSES TO DISCOVERY and CONJUNCTIVE MOTION FOR A CONTINUANCE , MEMORANDUM, CERTIFICATE OF SERVICE. (tc) (Entered: 08/22/1994)

Aug. 19, 1994

Aug. 19, 1994

45

Response by NOTICE ONLY HARRY NELSON to [43-1] MOTION FOR A RULING ON THE ADMISSIBILITY OF EXPERT TESTIMONY, Certificate of Service. (mc) (Entered: 08/22/1994)

Aug. 22, 1994

Aug. 22, 1994

MOTION BY HARRY NELSON, ET AL TO LIMIT TESTIMONY OF DEFTS' ADDITIONAL EXPERT WITNESSES , CERTIFICATE OF SERVICE.(see paper #45) (mc) (Entered: 08/22/1994)

Aug. 22, 1994

Aug. 22, 1994

46

UNCONTESTED MOTION BY DEFENDANT COMMONWEALTH OF PA, DEFENDANT ROBERT CASEY, DEFENDANT NANCY THALER, DEFENDANT REUBEN SHONEBAUM, DEFENDANT KAREN F. SNIDER TO EXTEND TIME TO RESPOND TO UNITED STATES' MOTION TO APPLY THE DOCTRINE OF ISSUE PRECLUSION , CERTIFICATE OF SERVICE. (jy) (Entered: 08/23/1994)

Aug. 23, 1994

Aug. 23, 1994

47

Objections by DEFENDANT COMMONWEALTH OF PA, DEFENDANT ROBERT CASEY, DEFENDANT NANCY THALER, DEFENDANT REUBEN SHONEBAUM, DEFENDANT KAREN F. SNIDER to plaintiffs' exhibits, Certificate of service (ph) (Entered: 08/24/1994)

Aug. 23, 1994

Aug. 23, 1994

48

Surreply by PLAINTIFF UNITED STATES regarding defendants' motions to compel discovery and for continuance, Certificate of service (ph) (Entered: 08/24/1994)

Aug. 24, 1994

Aug. 24, 1994

49

Memorandum by PLAINTIFF UNITED STATES in opposition to [44-1] MOTION TO COMPEL RESPONSES TO DISCOVERY, [44-2] MOTION FOR A CONTINUANCE, Certificate of service (ph) (Entered: 08/24/1994)

Aug. 24, 1994

Aug. 24, 1994

51

ORDER GRANTING DEFENDANTS' MOTION TO EXTEND TIME TO RESPOND TO UNITED STATES' MOTION TO APPLY THE DOCTRINE OF ISSUE PRECLUSION, RESPONSE TO MOTION RESET TO 8/29/94 FOR [46-1] MOTION TO EXTEND TIME TO RESPOND TO UNITED STATES' MOTION TO APPLY THE DOCTRINE OF ISSUE PRECLUSION ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 8/26/94 ENTERED AND COPIES MAILED. (ph) (Entered: 08/26/1994)

Aug. 25, 1994

Aug. 25, 1994

52

ORDER GRANTING MOTION OF THE NELSON PLAINTIFFS TO AMEND THE COMPLAINT; PLAINTIFFS SHALL RESPOND TO THE TWO INTERROGATORIES PROPOUNDED BY DEFENDANTS REGARDING THE PROPOSED AMENDMENTS TO THE COMPLAINT ON OR BEFORE 8/25/94 ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 8/30/94 ENTERED AND COPIES MAILED. (ph) (Entered: 08/30/1994)

Aug. 29, 1994

Aug. 29, 1994

53

Brief by DEFENDANT COMMONWEALTH OF PA, DEFENDANT ROBERT CASEY, DEFENDANT NANCY THALER, DEFENDANT REUBEN SHONEBAUM in opposition to United States' MOTION TO APPLY THE DOCTRINE OF ISSUE PRECLUSION TO CERTAIN FACTUAL FINDINGS MADE IN HALDERMAN V. PENNHURST, Certificate of Service. (cd) (Entered: 08/30/1994)

Aug. 29, 1994

Aug. 29, 1994

54

MEMORANDUM AND ORDER GRANTING PLAINTIFF'S MOTION IN LIMINE; THE US IS NOT REQUIRED TO PROVE THAT PERSONS RESIDING AT EMBREEVILLE CENTER ARE SUBJECTED TO EGREGIOUS OR FLAGRANT CONDITIONS CAUSING GRIEVOUS HARM PURSUANT TO A PATTERN OR PRACTICE OF THE DEFENDANTS ETC ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 8/30/94 ENTERED AND COPIES MAILED. (ph) (Entered: 08/30/1994)

Aug. 29, 1994

Aug. 29, 1994

55

Memorandum of law of the NELSON plaintiffs in support of the preclusive effect of the court's Findings of Fact of 3/28/94 in HALDERMAN V. PENNHURST, Certificate of service (ph) (Entered: 08/31/1994)

Aug. 31, 1994

Aug. 31, 1994

56

Plaintiffs' description of intended use of exhibits, Certificate of service (ph) (Entered: 09/02/1994)

Sept. 2, 1994

Sept. 2, 1994

57

Defendant's Supplemental Pretrial Memorandum, Certificate of service (ph) (Entered: 09/06/1994)

Sept. 6, 1994

Sept. 6, 1994

58

MOTION by PLAINTIFF UNITED STATES TO STRIKE PORTIONS OF [57-1] MEMORANDUM , MEMORANDUM, CERTIFICATE OF SERVICE. (ph) (Entered: 09/07/1994)

Sept. 7, 1994

Sept. 7, 1994

59

Memorandum by PLAINTIFF UNITED STATES in support of [42-1] MOTION TO APPLY THE DOCTRINE OF ISSUE PRECLUSION TO CERTAIN FACTUAL FINDINGS MADE IN HALDERMAN V. PENNHURST, Certificate of service (ph) (Entered: 09/07/1994)

Sept. 7, 1994

Sept. 7, 1994

60

Memorandum by INTERVENOR-PLAINTIFF EMBREEVILLE RESIDENT in support of [58-1] MOTION TO STRIKE PORTIONS OF [57-1] MEMORANDUM, Certificate of service (ph) (Entered: 09/07/1994)

Sept. 7, 1994

Sept. 7, 1994

61

Memorandum by DEFENDANT COMMONWEALTH OF PA, DEFENDANT ROBERT CASEY, DEFENDANT NANCY THALER, DEFENDANT REUBEN SHONEBAUM, DEFENDANT KAREN F. SNIDER in opposition to [58-1] MOTION TO STRIKE PORTIONS OF [57-1] MEMORANDUM, Certificate of service (ph) (Entered: 09/07/1994)

Sept. 7, 1994

Sept. 7, 1994

62

Memorandum by PLAINTIFF UNITED STATES in support of [58-1] MOTION TO STRIKE PORTIONS OF [57-1] MEMORANDUM, Certificate of service (ph) (Entered: 09/08/1994)

Sept. 8, 1994

Sept. 8, 1994

63

ORDER DENYING PLAINTIFF'S MOTION TO STRIKE PORTIONS OF [57-1] MEMORANDUM ETC ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 9/12/94 ENTERED AND COPIES MAILED. (ph) (Entered: 09/12/1994)

Sept. 12, 1994

Sept. 12, 1994

64

ORDER DENYING PLAINTIFFS' MOTION TO LIMIT TESTIMONY OF DEFTS' ADDITIONAL EXPERT WITNESSES; GRANTING DEFENDANTS' MOTION FOR A RULING ON THE ADMISSIBILITY OF EXPERT TESTIMONY ETC ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 9/12/94 ENTERED AND COPIES MAILED. (ph) (Entered: 09/12/1994)

Sept. 12, 1994

Sept. 12, 1994

65

MEMORANDUM AND ORDER GRANTING PLAINTIFFS' MOTION TO APPLY THE DOCTRINE OF ISSUE PRECLUSION TO CERTAIN FACTUAL FINDINGS MADE IN HALDERMAN V. PENNHURST; DEFENDANTS ARE BOUND BY THE FINDINGS MADE BY JUDGE BRODERICK IN HIS MARCH 28, 1994 MEMORANDUM AND ORDER INHALDERMAN V. PENNHURST, 74-cv-1345 (E.D. PA. 1994) THAT ARE ATTACHED TO THIS ORDER AS APPENDIX A ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 9/12/94 ENTERED AND COPIES MAILED. (ph) (Entered: 09/12/1994)

Sept. 12, 1994

Sept. 12, 1994

66

JOINT MOTION by DEFENDANT COMMONWEALTH OF PA, DEFENDANT ROBERT CASEY, DEFENDANT NANCY THALER, DEFENDANT REUBEN SHONEBAUM, DEFENDANT KAREN F. SNIDER FOR APPROVAL OF THE PROPOSED CLASS ACTION SETTLEMENT AGREEMENT AND FOR APPROVAL OF NOTICE TO THE CLASS (ph) (Entered: 10/03/1994)

Oct. 3, 1994

Oct. 3, 1994

67

Reply Memorandum by PLAINTIFF UNITED STATES in support of [58-1] MOTION TO STRIKE PORTIONS OF [57-1] MEMORANDUM, Certificate of service (ph) (Entered: 10/12/1994)

Oct. 12, 1994

Oct. 12, 1994

68

ORDER GRANTING JOINT MOTION FOR APPROVAL OF THE PROPOSED CLASS ACTION SETTLEMENT AGREEMENT AND FOR APPROVAL OF NOTICE TO THE CLASS, SET HEARING TO 9:00 11/29/94 FOR APPROVAL OF THE SETTLEMENT AGREEMENT , SET MEMORANDA OF LAW IN SUPPORT OF FINAL APPROVAL OF THE SETTLEMENT FOR 11/15/94 ETC ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 10/21/94 ENTERED AND COPIES MAILED. (ph) (Entered: 10/21/1994)

Oct. 21, 1994

Oct. 21, 1994

Notice of Hearing and Proposed Settlement Agreement with Court Approval (10/21/94 entered and copies mailed) (ph) (Entered: 10/21/1994)

Oct. 21, 1994

Oct. 21, 1994

69

Memorandum by INTERVENOR-PLAINTIFF EMBREEVILLE RESIDENT in support of [66-1] joint MOTION FOR APPROVAL OF THE PROPOSED CLASS ACTION SETTLEMENT AGREEMENT AND FOR APPROVAL OF NOTICE TO THE CLASS, Certificate of service (ph) (Entered: 11/14/1994)

Nov. 14, 1994

Nov. 14, 1994

70

MOTION by NOTICE ONLY HARRY NELSON FOR APPROVAL OF THE PROPOSED SETTLEMENT AGREEMENT , MEMORANDUM, CERTIFICATE OF SERVICE. (ph) (Entered: 11/15/1994)

Nov. 14, 1994

Nov. 14, 1994

71

Certificate of service by NOTICE ONLY HARRY NELSON Re: served copies of the Notice of Proposed Class Action Settlement sent by first class mail to 69 persons identified by defendants as persons discharged from Embreeville since 4/21/92, Certificate of service (ph) (Entered: 11/15/1994)

Nov. 14, 1994

Nov. 14, 1994

72

Memorandum by PLAINTIFF UNITED STATES in support of settlement order, Certificate of service (ph) (Entered: 11/15/1994)

Nov. 15, 1994

Nov. 15, 1994

73

Certificate of Notice of proposed Class Action Settlement provided by defendants to current Embreeville Residents, Certificate of service (ph) (Entered: 11/16/1994)

Nov. 15, 1994

Nov. 15, 1994

74

Minute entry: 11/29/94 - Settlement Hearing (ph) (Entered: 11/30/1994)

Nov. 29, 1994

Nov. 29, 1994

75

ORDER GRANTING PLAINTIFFS' MOTION FOR APPROVAL OF THE PROPOSED SETTLEMENT AGREEMENT ETC ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 12/1/94 ENTERED AND COPIES MAILED. (ph) (Entered: 12/01/1994)

Nov. 30, 1994

Nov. 30, 1994

76

SETTLEMENT AGREEMENT ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 12/1/94 ENTERED AND COPIES MAILED. (ph) (Entered: 12/01/1994)

Nov. 30, 1994

Nov. 30, 1994

Case closed (kv) (Entered: 12/02/1994)

Nov. 30, 1994

Nov. 30, 1994

77

MOTION by INTERVENOR-PLAINTIFF EMBREEVILLE RESIDENT FOR ATTORNEY FEES AND COSTS , MEMORANDUM, CERTIFICATE OF SERVICE. (APPENDIX ATTACHED) (ph) (Entered: 12/08/1994)

Dec. 8, 1994

Dec. 8, 1994

78

JOINT MOTION by PLAINTIFF UNITED STATES, DEFENDANT COMMONWEALTH OF PA, DEFENDANT ROBERT CASEY, DEFENDANT NANCY THALER, DEFENDANT REUBEN SHONEBAUM, DEFENDANT KAREN F. SNIDER TO EXTEND TIME TO FILE PETITION FOR ATTORNEYS' FEES AND COSTS , CERTIFICATE OF SERVICE. (ph) (Entered: 12/09/1994)

Dec. 9, 1994

Dec. 9, 1994

79

MOTION by HARRY NELSON, ET AL FOR AN AWARD OF ATTORNEY FEES AND REIMBURSEMENT OF EXPENSES , MEMORANDUM, CERTIFICATE OF SERVICE. (ph) (Entered: 12/14/1994)

Dec. 14, 1994

Dec. 14, 1994

80

ORDER MOOTING JOINT MOTION TO EXTEND TIME TO FILE PETITION FOR ATTORNEYS' FEES AND COSTS ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 12/30/94 ENTERED AND COPIES MAILED. (ph) (Entered: 12/30/1994)

Dec. 30, 1994

Dec. 30, 1994

81

MOTION by DEFENDANT COMMONWEALTH OF PA, DEFENDANT ROBERT CASEY, DEFENDANT NANCY THALER, DEFENDANT REUBEN SHONEBAUM, DEFENDANT KAREN F. SNIDER TO EXTEND TIME TO FILE RESPONSE TO MOTION OF PLAINTIFFS FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES , CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (ph) (Entered: 01/06/1995)

Jan. 5, 1995

Jan. 5, 1995

82

SECOND UNCONTESTED MOTION by DEFENDANT COMMONWEALTH OF PA, DEFENDANT ROBERT CASEY, DEFENDANT NANCY THALER, DEFENDANT REUBEN SHONEBAUM, DEFENDANT KAREN F. SNIDER TO EXTEND TIME TO FILE A RESPONSE TO MOTION OF NELSON PLAINTIFFS FOR ATTORNEYS' FEES AND COSTS , CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (ph) (Entered: 01/19/1995)

Jan. 19, 1995

Jan. 19, 1995

83

ORDER GRANTING DEFENDANTS' UNCONTESTED MOTION TO EXTEND TIME TO FILE A RESPONSE TO MOTION OF NELSON PLAINTIFFS FOR ATTORNEYS' FEES AND COSTS, RESPONSE TO MOTION RESET TO 1/25/95 FOR [79-1] MOTION FOR AN AWARD OF ATTORNEY FEES AND REIMBURSEMENT OF EXPENSES ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 1/23/95 ENTERED AND COPIES MAILED. (ph) (Entered: 01/23/1995)

Jan. 23, 1995

Jan. 23, 1995

84

ORDER GRANTING PLAINTIFF-INTERVENOR'S MOTION FOR ATTORNEY FEES AND COSTS; DEFENDANTS SHALL PAY A TOTAL OF $227,927.90 TO COUNSEL WITHIN 30 DAYS OF THE DATE OF THIS ORDER ETC ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 1/23/95 ENTERED AND COPIES MAILED. (ph) (Entered: 01/23/1995)

Jan. 23, 1995

Jan. 23, 1995

85

ORDER GRANTING DEFTS' [81-1] MOTION TO EXTEND TIME TO FILE RESPONSE TO MOTION OF PLAINTIFFS FOR AN AWARD OF ATTORNEYS' FEES AND COSTS; DEFTS SHALL RESPOND TO THE NELSON PLFFS' MOTION ON OR BEFORE 2/6/95. ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 1/30/95 ENTERED AND COPIES MAILED. (jef) (Entered: 01/30/1995)

Jan. 27, 1995

Jan. 27, 1995

86

THIRD UNCONTESTED MOTION by DEFENDANT COMMONWEALTH OF PA, DEFENDANT ROBERT CASEY, DEFENDANT NANCY THALER, DEFENDANT REUBEN SHONEBAUM, DEFENDANT KAREN F. SNIDER TO EXTEND TIME TO FILE A RESPONSE TO MOTION OF NELSON PLAINTIFFS FOR ATTORNEYS' FEES AND COSTS , CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (ph) (Entered: 02/08/1995)

Feb. 8, 1995

Feb. 8, 1995

87

ORDER DENYING DEFENDANTS' MOTION TO EXTEND TIME TO FILE A RESPONSE TO MOTION OF NELSON PLAINTIFFS FOR ATTORNEYS' FEES AND COSTS ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 2/14/95 ENTERED AND COPIES MAILED. (ph) (Entered: 02/14/1995)

Feb. 13, 1995

Feb. 13, 1995

88

MOTION by DEFENDANT COMMONWEALTH OF PA, DEFENDANT ROBERT CASEY, DEFENDANT NANCY THALER, DEFENDANT REUBEN SHONEBAUM, DEFENDANT KAREN F. SNIDER TO EXTEND TIME TO FILE A RESPONSE TO MOTION OF NELSON PLAINTIFFS FOR ATTORNEYS' FEES AND COSTS , CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (ph) (Entered: 02/15/1995)

Feb. 15, 1995

Feb. 15, 1995

89

ORDER, THAT PLAINTIFFS' [79-1] MOTION FOR AN AWARD OF ATTORNEY FEES AND REIMBURSEMENT OF EXPENSES IS GRANTED. DEFENDANTS SHALL PAY A TOTAL OF $45,000.00 AS ATTORNEY FEES AND COSTS TO THE DISABILITIES LAW PROJECT AND $87,000.00 AS ATTORNEY FEED SAND $40,499.68 FOR COSTS TO THE PUBLIC INTEREST LAW CENTER OF PHILADELPHIA. SUCH PAYMENTS ARE TO BE MADE WITHIN FORTY-FIVE (45) DAYS OF THE DATE OF THIS ORDER. THESE AMOUNTS ARE AGREED TO BY THE PARTIES. THIS COURT'S INDEPENDENT REVIEW OF THE FEE PETITIONS FINDS THESE AMOUNTS TO BE FAIR AND REASONABLE. IT IS FURTHER ORDERED THAT DEFENDANTS' FOURTH UNOPPOSED [88-1] MOTION FOR EXTENSION OF TIME IS DENIED AS MOOT. (SIGNED BY JUDGE CLARENCE C. NEWCOMER), 2/23/95 ENTERED AND COPIES MAILED. (fe) (Entered: 02/23/1995)

Feb. 23, 1995

Feb. 23, 1995

90

ORDER THAT THE JOINT MOTION TO APPOINT MONITOR, IS GRANTED; EDWARD R SKARNULIS, PH.D., IS HEREBY APPOINTED MONITOR WITH ALL OF THE POWERS AND DUTIES SET FORTH IN THE SETTLEMENT AGREEMENT; THE DEFENDANTS SHALL PAY TO THE MONITOR THE SALARY OF $70,000 FOR THE FIRST YEAR OF SERVICE ETC. ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 4/11/95 ENTERED AND COPIES MAILED. (ph) (Entered: 04/11/1995)

April 10, 1995

April 10, 1995

91

JOINT MOTION by DEFENDANT COMMONWEALTH OF PA, DEFENDANT ROBERT CASEY, DEFENDANT NANCY THALER, DEFENDANT REUBEN SHONEBAUM, INTERVENOR-PLAINTIFF EMBREEVILLE RESIDENT, DEFENDANT KAREN F. SNIDER FOR APPROVAL OF AGREEMENT CONCERNING ATTORNEY'S FEES AND COSTS , CERTIFICATE OF SERVICE. (ph) (Entered: 06/22/1995)

June 22, 1995

June 22, 1995

92

ORDER GRANTING JOINT MOTION FOR APPROVAL OF AGREEMENT CONCERNING ATTORNEY'S FEES AND COSTS; PIER'S COUNSEL WILL SUBMIT A BILL EVERY OTHER MONTH TO COUNSEL FOR THE STATE DEFENDANTS, THOMAS YORK, ESQ., WHO WILL REVIEW IT FOR REASONABLENESS ETC ( SIGNED BY JUDGE CLARENCE C. NEWCOMER ) 6/30/95 ENTERED AND COPIES MAILED. (ph) (Entered: 06/30/1995)

June 29, 1995

June 29, 1995

93

Appearance of EDMOND A. TIRYAK for PLAINTIFF UNITED STATES, Certificate of service (ph) (Entered: 11/22/1995)

Nov. 22, 1995

Nov. 22, 1995

94

DEFTS' JOINT MOTION TO CONTINUE THE APPOINTMENT OF THE MONITOR , CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (jef) (Entered: 03/06/1996)

March 6, 1996

March 6, 1996

Case Details

State / Territory: Pennsylvania

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 21, 1993

Closing Date: Jan. 5, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

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:

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

Availably 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

Reassessment and care planning

Record-keeping

Recreation / Exercise

Restraints : physical

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