Legal Opinion
Benjamin v. DEPARTMENT OF PUBLIC WELFARE OF PA
District Court, M.D. Pennsylvania
Decided September 2, 2011No. 1:09-cv-01182PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM
JOHN E. JONES III, District Judge.
I. INTRODUCTION
Plaintiffs, a class of individuals with intellectual disabilities (formerly known as mental retardation) who are institutionalized in state intermediate care facilities for persons with mental retardation (“ICF/ MRs”) initiated this litigation in June 2009. Plaintiffs alleged that they were appropriate for, and not opposed to, community-based services, and that Department of Public Welfare and the Secretary of Public Welfare (collectively, “Defendants” or “DPW”) violated Title II of the Americans with Disabilities Act (“ADA”), 42…
2Cases cited14 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- In Re General Motors Corporation Pick-Up Truck Fuel Tank Products Liability Litigation. Jack French, Robert M. West, Charles E. Merritt, Gary Blades, Dawn and Tracey Best, Gary and Jackie Barnes, Betty Marteny, John and Mary Southands, Edmund Berning, Dale W. Plummer, Edmund and Anneta Casey, John and Connie Yonki, Carl and Kathryn Corona, Dallas and Patricia Nelson, Mynard and Mildred Duncan, Kirby L. Stegman, Dewayne Anderson, Morris and Barbara Betzold, in No. 94-1064. Rudolph Jenkins, William D. Cunningham, Mather Johnson, Forrest Charles Ginn, Buren William Jones and Martin D. Parkman, in No. 94-1194. Parish of Jefferson, in No. 94-1195. The State of New York, in No. 94-1198. Elton Wilson, Individually, and Frank I. Owen, Individually and on Behalf of the Residents of the State of Alabama, in No. 94-1202. City of New York, in No. 94-1203. Betty Youngs, Barbara Phillips, Margaret Engel, Larry Swope, Robbin Maxwell and Center for Auto Safety, in No. 94-1207. Betty Youngs, Barbara Phillips, Margaret Engel, Larry Swope, Robbin Maxwell and Center for Auto Safety, in No. 94-1208. Commonwealth of Pennsylvania, Department of Transportation, in No. 94-1219Court of Appeals for the Third Circuit · 1995
- Rode v. DellarcipreteCourt of Appeals for the Third Circuit · 1990
- Martin O. Washington v. Philadelphia County Court of Common Pleas, Martin WashingtonCourt of Appeals for the Third Circuit · 1996
- Edwin Maldonado v. Feather O. HoustounCourt of Appeals for the Third Circuit · 2001
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3Cited by3 opinions
- Benjamin Ex Rel. Yock v. Department of Public WelfareCourt of Appeals for the Third Circuit · 2012
- Thorpe v. District of ColumbiaDistrict Court, District of Columbia · 2014
- Trickel v. Discount Gold Brokers, Inc.District Court, M.D. Pennsylvania · 2022