Filed Date: April 16, 2015
Closed Date: 2015
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On April 16, 2015, a group of former felons and the Resources for Human Development filed this lawsuit in the Commonwealth Court of Pennsylvania. The plaintiffs sued Pennsylvania’s Department of Aging, Department of Human Services, and Department of Health under state law. The plaintiffs, represented by private counsel, asked the court the declare certain provisions of The Older Adult Protective Services Act unconstitutional the Constitution of the Commonwealth of Pennsylvania and enjoin agencies from enforcing the lifetime employment ban of OPASA. The plaintiffs claimed that the lifetime employment ban violated the rights of the plaintiffs to seek employment which they were otherwise qualified for in the health and mental services field, and that it violated the right of the Resources for Human Development to hire employees of their choosing.
Specifically, the plaintiffs claimed that they were all qualified for employment in various mental health facilities but were barred from this employment because of their respective criminal records. The plaintiffs’ offenses were committed between 15–33 years before they sought employment and were not related to the profession they were then seeking.
On December 30, 2015, the Court (Judge Mary Hannah Leavitt) entered an opinion that dismissed the defendant’s claim for summary judgment and granted relief to petitioners. The court found the employment ban violated the Due Process Clause of the Pennsylvania Constitution, and summary relief was granted. The court held the Act unconstitutional and enjoined the defendants from enforcing the lifetime employment ban.
Summary Authors
Erica Christianson (3/16/2017)
Dietrich, Sharon (Pennsylvania)
Ginzberg, Janet F. (Pennsylvania)
Kreimer, Seth (Pennsylvania)
Fritz, Lucy Elizabeth (Pennsylvania)
Grogan, Kathleen (Pennsylvania)
Leavitt, Mary Hannah (Pennsylvania)
Last updated Aug. 30, 2023, 2:47 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Pennsylvania
Case Type(s):
Key Dates
Filing Date: April 16, 2015
Closing Date: 2015
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Group of former felons
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Department of Aging (Harrisburg, Dauphin), State
Department of Human Services (Harrisburg, Dauphin), State
Department of Health (Harrisburg, Dauphin), State
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Content of Injunction: