Halderman v. Pennhurst State School & Hospital

MEMORANDUM

BRODERICK, District Judge.

In 1977, after a thirty-two day trial, this Court held that the constitutional and statutory rights of the members of the Pennhurst class had been violated. In 1985, after several years on appeal, including three arguments before the United States Supreme Court, this Court approved a settlement agreement and entered it as a consent decree (the “1985 Decree”). The settlement was greeted throughout the nation as recognition that persons with mental retardation have the right to habilitation in the community.

In 1987, the plaintiffs filed a motion to hold two…