Case: Frederick L. v. Dept. of Public Welfare

2:00-cv-04510 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Sept. 5, 2000

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On September 5, 2000, a group of individuals with serious mental disabilities who were institutionalized as Norristown State Hospital ("NSH") filed suit against Pennsylvania Department of Public Welfare and Pennsylvania's Secretary of Public Welfare under the Americans with Disabilities Act, the Rehabilitation Act of 1973 and 42 U.S.C. §1983 in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs, represented by public services counsel, asked the Court for declarato…

On September 5, 2000, a group of individuals with serious mental disabilities who were institutionalized as Norristown State Hospital ("NSH") filed suit against Pennsylvania Department of Public Welfare and Pennsylvania's Secretary of Public Welfare under the Americans with Disabilities Act, the Rehabilitation Act of 1973 and 42 U.S.C. §1983 in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs, represented by public services counsel, asked the Court for declaratory and injunctive relief, alleging that because they were qualified and prepared for community-based services, their continued institutionalization violated the anti-discrimination and integration mandates of the ADA Act and the Rehabilitation Act.

On July 23, 2001, the Court (Judge Schiller) denied the defendants' motion to dismiss in part, allowing the plaintiffs to continue to pursue the Rehabilitation Act claims against both defendants, and the ADA and 1983 claims against the Secretary.

Following a three-day bench trial in May 2002, on September 5, 2002, the District Court (Judge Schiller) issued a memorandum opinion in favor of the defendants on the ground that the plaintiffs were not entitled to the requested relief because it would have required a fundamental alteration of the Commonwealth's programming and budgetary allocations.

The plaintiffs subsequently appealed. On April 13, 2004, the Third Circuit vacated the district court's judgment and remanded for further evaluation of the state's fundamental alteration defense.

On September 1, 2004, after reconsidering the defendants' defense, the district court (Judge Schiller) entered judgment in favor of defendants and closed the case. The Court found that the Commonwealth had in place a satisfactory "Olmstead Plan."

Summary Authors

Kunyi Zhang (3/12/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11164304/parties/l-v-deptof-public-welf/


Judge(s)

Hart, Jacob P. (Pennsylvania)

Schiller, Berle M. (Pennsylvania)

Sloviter, Dolores Korman (Pennsylvania)

Attorney for Plaintiff

Meek, Robert W. (Pennsylvania)

Murphy, Mark J. (Pennsylvania)

Attorney for Defendant

Documents in the Clearinghouse

Documents in this case

2:00-cv-04510

Docket

Sept. 26, 2006

Sept. 26, 2006

Docket
21

2:00-cv-04510

Opinion and Order (Motion to Dismiss Granted in part)

July 23, 2001

July 23, 2001

Order/Opinion

157 F.Supp.2d 509

62

2:00-cv-04510

Memorandum and Order (Judgment in Favor of Defendant in part)

Sept. 5, 2002

Sept. 5, 2002

Order/Opinion

217 F.Supp.2d 581

02-03721

3rd Circuit Opinion

U.S. Court of Appeals for the Third Circuit

April 13, 2004

April 13, 2004

Order/Opinion

364 F.3d 487

76

2:00-cv-04510

Memorandum and Order (Judgment in favor of Defendants)

Sept. 1, 2004

Sept. 1, 2004

Order/Opinion

2004 WL 1945565

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11164304/l-v-deptof-public-welf/

Last updated April 7, 2025, 11:19 a.m.

ECF Number Date Description Link
1 Sept. 5, 2000

Complaint

RECAP
1 Sept. 5, 2000

Complaint

RECAP
1 Sept. 5, 2000

Complaint

RECAP
1 Sept. 5, 2000

Complaint

RECAP
Sept. 5, 2000

Summons(es) issued Forwarded to: counsel 9/6/00 (jmp) (Entered: 09/06/2000)

PACER
Sept. 5, 2000

Set/Clear Flags

Sept. 5, 2000

Set/Clear Flags

Sept. 5, 2000

Set/Clear Flags

Sept. 5, 2000

Set/Clear Flags

Sept. 5, 2000

Summons Issued

Sept. 5, 2000

Special Case Management Track. (jmp) (Entered: 09/06/2000)

PACER
Sept. 5, 2000

Summons Issued

Sept. 5, 2000

Summons Issued

Sept. 5, 2000

Summons Issued

2 Nov. 16, 2000

Summons Returned Executed

RECAP
2 Nov. 16, 2000

Summons Returned Executed

RECAP
2 Nov. 16, 2000

Summons Returned Executed

RECAP
2 Nov. 16, 2000

Summons Returned Executed

RECAP
3 Nov. 21, 2000

Motion to Certify Class

RECAP
3 Nov. 21, 2000

Motion to Certify Class

RECAP
3 Nov. 21, 2000

Motion to Certify Class

RECAP
3 Nov. 21, 2000

Motion to Certify Class

RECAP
4 Nov. 27, 2000

Motion to Dismiss

RECAP
4 Nov. 27, 2000

Motion to Dismiss

RECAP
4 Nov. 27, 2000

Motion to Dismiss

RECAP
4 Nov. 27, 2000

Motion to Dismiss

RECAP
5 Nov. 30, 2000

Order

RECAP
5 Nov. 30, 2000

Order

RECAP
5 Nov. 30, 2000

Order

RECAP
5 Nov. 30, 2000

Order

RECAP
6 Dec. 7, 2000

Motion to Stay

RECAP
6 Dec. 7, 2000

Motion to Stay

RECAP
6 Dec. 7, 2000

Motion to Stay

RECAP
6 Dec. 7, 2000

Motion to Stay

RECAP
7 Dec. 18, 2000

Response to Motion

RECAP
7 Dec. 18, 2000

Response to Motion

RECAP
7 Dec. 18, 2000

Response to Motion

RECAP
7 Dec. 18, 2000

Response to Motion

RECAP
8 Dec. 19, 2000

Suspense Order

RECAP
8 Dec. 19, 2000

Suspense Order

RECAP
8 Dec. 19, 2000

Suspense Order

RECAP
8 Dec. 19, 2000

Suspense Order

RECAP
9 March 22, 2001

Memorandum

RECAP
9 March 22, 2001

Memorandum

RECAP
9 March 22, 2001

Memorandum

RECAP
9 March 22, 2001

Memorandum

RECAP
10 March 22, 2001

Miscellaneous Document

RECAP
10 March 22, 2001

Miscellaneous Document

RECAP
10 March 22, 2001

Miscellaneous Document

RECAP
10 March 22, 2001

Miscellaneous Document

RECAP
11 March 23, 2001

Order

RECAP
11 March 23, 2001

Order

RECAP
11 March 23, 2001

Order

RECAP
11 March 23, 2001

Order

RECAP
12 March 28, 2001

Order

RECAP
12 March 28, 2001

Order

RECAP
12 March 28, 2001

Order

RECAP
12 March 28, 2001

Order

RECAP
13 April 23, 2001

Memorandum

RECAP
13 April 23, 2001

Memorandum

RECAP
13 April 23, 2001

Memorandum

RECAP
13 April 23, 2001

Memorandum

RECAP
14 April 26, 2001

Minutes - Miscellaneous

RECAP
14 April 26, 2001

Minutes - Miscellaneous

RECAP
14 April 26, 2001

Minutes - Miscellaneous

RECAP
14 April 26, 2001

Minutes - Miscellaneous

RECAP
15 May 4, 2001

Amended Complaint

RECAP
15 May 4, 2001

Amended Complaint

RECAP
15 May 4, 2001

Amended Complaint

RECAP
15 May 4, 2001

Amended Complaint

RECAP
16 May 4, 2001

Memorandum

RECAP
16 May 4, 2001

Memorandum

RECAP
16 May 4, 2001

Memorandum

RECAP
16 May 4, 2001

Memorandum

RECAP
17 May 4, 2001

Memorandum

RECAP
17 May 4, 2001

Memorandum

RECAP
17 May 4, 2001

Memorandum

RECAP
17 May 4, 2001

Memorandum

RECAP
18 May 11, 2001

Motion to Dismiss

RECAP
18 May 11, 2001

Motion to Dismiss

RECAP
18 May 11, 2001

Motion to Dismiss

RECAP
18 May 11, 2001

Motion to Dismiss

RECAP
19 May 18, 2001

Memorandum

RECAP
19 May 18, 2001

Memorandum

RECAP
19 May 18, 2001

Memorandum

RECAP
19 May 18, 2001

Memorandum

RECAP
20 June 11, 2001

Transcript - No PDF

RECAP
20 June 11, 2001

Transcript - No PDF

RECAP
20 June 11, 2001

Transcript - No PDF

RECAP
20 June 11, 2001

Transcript - No PDF

RECAP
21 July 23, 2001

Order

RECAP
21 July 23, 2001

Order

RECAP
21 July 23, 2001

Order

RECAP
21 July 23, 2001

Order

RECAP
22 Aug. 8, 2001

Order

RECAP
22 Aug. 8, 2001

Order

RECAP
22 Aug. 8, 2001

Order

RECAP
22 Aug. 8, 2001

Order

RECAP
23 Sept. 6, 2001

Memorandum

RECAP
23 Sept. 6, 2001

Memorandum

RECAP

Case Details

State / Territory:

Pennsylvania

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Sept. 5, 2000

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of individuals with serious mental illnesses who were residents of a state-run psychiatric hospital.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA

FEATHER O. HOUSTOUN IN HER OFFICIAL CAPACITY AS SECRETARY OF PUBLIC WELFARE FOR THE COMMONWEALTH OF PENNSYLVANIA

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

Other Dockets:

Eastern District of Pennsylvania 2:00-cv-04510

U.S. Court of Appeals for the Third Circuit 02-03721

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Benefits (Source):

Medicaid

Recommended Citation