Case: U.S. v. City of Philadelphia

2:98-cv-04253 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Aug. 13, 1998

Closed Date: Aug. 14, 1998

Clearinghouse coding complete

Case Summary

The United States Department of Justice investigated conditions at the Philadelphia Nursing Home (PNH) in 1996 pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA). In a December 19, 1996 letter to the mayor of Philadelphia, the Department of Justice described the unconstitutional conditions in the facility. The facility failed to ensure the safety of or provide the most basic care to its residents. Staff neglected residents and allowed them to reside in unsanitary condition…

The United States Department of Justice investigated conditions at the Philadelphia Nursing Home (PNH) in 1996 pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA). In a December 19, 1996 letter to the mayor of Philadelphia, the Department of Justice described the unconstitutional conditions in the facility. The facility failed to ensure the safety of or provide the most basic care to its residents. Staff neglected residents and allowed them to reside in unsanitary conditions. In 1994, the city had privatized the facility, turning its management over to Episcopal Long Term Care, and a previous investigation by the Pennsylvania Department of Health found chaotic conditions in the facility.

The Department of Justice filed a complaint on August 13, 1998 against the City of Philadelphia and Episcopal Long Term Care in the United States District Court for the Eastern District of Pennsylvania. The complaint sought to enjoin the defendant from violating the constitutional rights of PNH residents. It alleged that the defendants had also violated the Nursing Home Reform Act, CRIPA, and the False Claims Act, and were unjustly enriched by funds received from the federal government.

The parties reached a settlement agreement, which was filed contemporaneously with the complaint. The City of Philadelphia and Episcopal Long Term Care agreed to do the following:

• ensure that residents were free from mistreatment and neglect;

• provide adequate psychiatric, medical, and nursing care;

• limit the use of restraints;

• allow a federal monitor to implement the agreement;

• pay $50,000 for violating the False Claims Act; and,

• create a $15,000 fund to improve the lives of residents.

On August 14, 1998, the district court (Judge Stewart Dalzell) approved the settlement agreement and closed the case.

Summary Authors

Angela Heverling (5/21/2007)

People


Judge(s)

Dalzell, Stewart R. (Pennsylvania)

Attorneys(s) for Plaintiff

Farano, Richard J. (District of Columbia)

Frohboese, Robinsue (District of Columbia)

Hoffman, David R. (Pennsylvania)

King, Loretta (District of Columbia)

Lee, Bill Lann (District of Columbia)

Patrick, Deval L. (District of Columbia)

Reno, Janet (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Sheehan, James G. (Pennsylvania)

Judge(s)

Dalzell, Stewart R. (Pennsylvania)

Attorneys(s) for Plaintiff

Farano, Richard J. (District of Columbia)

Frohboese, Robinsue (District of Columbia)

Hoffman, David R. (Pennsylvania)

King, Loretta (District of Columbia)

Lee, Bill Lann (District of Columbia)

Patrick, Deval L. (District of Columbia)

Reno, Janet (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Sheehan, James G. (Pennsylvania)

Stiles, Michael R. (Pennsylvania)

Attorneys(s) for Defendant

Franklin-Suber, Stephanie L. (Pennsylvania)

Gallant, Mark H. (Pennsylvania)

Thompson, William R. (Pennsylvania)

Documents in the Clearinghouse

Document

2:98-cv-04253

Docket (PACER)

U.S. v.City of Philadelphia

Nov. 7, 2001

Nov. 7, 2001

Docket

Notice for Medicare Termination

[None]

No Court

July 14, 1995

July 14, 1995

Notice Letter

Inspectors' June Visit to City Nursing Home Found 'Total Chaos'

[NA]

No Court

July 20, 1995

July 20, 1995

Other

Memo to Deva L. Patrick Re: Philadelphia Nursing Home

CRIPA Investigation

No Court

July 20, 1995

July 20, 1995

Complaint

Re: Investigation of the Philadelphia Nursing Home

CRIPA Investigation

No Court

July 28, 1995

July 28, 1995

Notice Letter

Re: Investigation of the Philadelphia Nursing Home

CRIPA Investigation

No Court

Dec. 19, 1996

Dec. 19, 1996

Findings Letter/Report

2:98-cv-04253

Settlement Agreement

Aug. 12, 1998

Aug. 12, 1998

Settlement Agreement
1

2:98-cv-04253

Complaint

U.S. v. Philadelphia

Aug. 13, 1998

Aug. 13, 1998

Complaint
2

2:98-cv-04253

United States' Uncontested Motion to Enter Settlement Agreement

Aug. 13, 1998

Aug. 13, 1998

Pleading / Motion / Brief

2:98-cv-04253

Federal Government Reaches Settlement to Improve Conditions at Philadelphia Nursing Home

U.S. v. City of Phildelphia

No Court

Aug. 13, 1998

Aug. 13, 1998

Press Release

Docket

Last updated Aug. 31, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. (tj) (Entered: 08/14/1998)

Aug. 13, 1998

Aug. 13, 1998

2

UNCONTESTED MOTION by PLAINTIFF UNITED STATES TO ENTER SETTLEMENT AGREEMENT , CERTIFICATE OF SERVICE. (tj) (Entered: 08/14/1998)

Aug. 13, 1998

Aug. 13, 1998

Standard Case Management Track. (tj) (Entered: 08/14/1998)

Aug. 13, 1998

Aug. 13, 1998

3

ORDER THAT THE CLERK SHALL CLOSE THIS CASE STATISTICALLY. ( SIGNED BY JUDGE STEWART DALZELL ) 8/14/98 ENTERED AND COPIES MAILED AND FAXED 8/14/98. (sc) (Entered: 08/14/1998)

Aug. 14, 1998

Aug. 14, 1998

4

ORDER GRANTING THE UNITED STATES UNCONTESTED MOTION TO ENTER THE SETTLEMENT AGREEMENT; THE SETTLEMENT AGREEMENT IS APPROVED; AND THE SETTLEMENT AGREEMENT IS ENTERED AS A JUDGMENT AND DECREE OF THIS COURT. ( SIGNED BY JUDGE STEWART DALZELL ) 8/14/98 ENTERED AND COPIES MAILED AND FAXED 8/14/98. (sc) (Entered: 08/14/1998)

Aug. 14, 1998

Aug. 14, 1998

Case closed (kv) (Entered: 08/17/1998)

Aug. 14, 1998

Aug. 14, 1998

5

Praecipe by PLAINTIFF UNITED STATES to substitute signature page of Lewis Morris which was filed with the Settlement Agreement on 08/13/98, Certificate of Service. (fe) (Entered: 08/17/1998)

Aug. 14, 1998

Aug. 14, 1998

6

JOINT MOTION by DEFENDANT EPISCOPAL LONG, DEFENDANT THE CITY OF PHILA, PLAINTIFF UNITED STATES TO DISMISS ACTION , MEMORANDUM, CERTIFICATE OF SERVICE. (jl) (Entered: 11/05/2001)

Nov. 2, 2001

Nov. 2, 2001

7

ORDER THAT THE JOINT MOTION TO DISMISS ACTION, IS GRANTED AND THE ACTION IS HEREBY DISMISSED WITH PREJUDICE. (SIGNED BY JUDGE STEWART DALZELL) 11/8/01 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS.

Nov. 7, 2001

Nov. 7, 2001

Case Details

State / Territory: Pennsylvania

Case Type(s):

Nursing Home Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 13, 1998

Closing Date: Aug. 14, 1998

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

City of Philadelphia (Philadelphia , Philadelphia), City

Philadelphia Nursing Home (Philadelphia), City

Case Details

Causes of Action:

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

False Claims Act, 31 U.S.C. § 3729

Nursing Care Reform Act of 1987/ Omnibus Reconciliation Act

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

Order Duration: 1998 - 1998

Issues

General:

Assault/abuse by staff

Food service / nutrition / hydration

Habilitation (training/treatment)

Neglect by staff

Restraints : physical

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mental Disability:

Developmental disability without intellectual disability

Medical/Mental Health:

Bed care (including sores)

Medical care, general

Mental health care, general

Wound care

Type of Facility:

Government-run