612 F.2d 84 (3rd Cir. 1979), 78-1490, Halderman v. Pennhurst State School & Hospital

Docket Nº:Parocca, and Helen Francis, Appellants in No. 78-1490
Citation:612 F.2d 84
Party Name:Terri Lee HALDERMAN, a retarded citizen, by her mother and guardian, Winifred Halderman; Larry Taylor, a retarded citizen, by his parents and guardians, Elmer and Doris Taylor; Kenny Taylor, a minor, a retarded citizen, by his parents and guardians, Elmer and Doris Taylor; Robert Sobetsky, a minor, a retarded citizen, by his parents and guardians,
Case Date:December 13, 1979
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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612 F.2d 84 (3rd Cir. 1979)

Terri Lee HALDERMAN, a retarded citizen, by her mother and

guardian, Winifred Halderman; Larry Taylor, a retarded

citizen, by his parents and guardians, Elmer and Doris

Taylor; Kenny Taylor, a minor, a retarded citizen, by his

parents and guardians, Elmer and Doris Taylor; Robert

Sobetsky, a minor, a retarded citizen, by his parents and

guardians, Frank and Angela Sobetsky; Theresa Sobetsky, a

retarded citizen, by her parents and guardians, Frank and

Angela Sobetsky; Nancy Beth Bowman, a retarded citizen, by

her parents and guardians, Mr. and Ms. Horace Bowman; Linda

Taub, a retarded citizen, by her parents and guardians, Mr.

and Mrs. Allen Taub; George Sorotos, a minor, a retarded

citizen by his foster parents, William and Marion Caranfa,

all of the above individually and on behalf of all others

similarly situated; the Parents

and Family Association of Pennhurst Pennsylvania Association

for Retarded Citizens, Jo Suzanne Moskowitz, a minor, by her

parents and next friends, Leonard and Nancy Moskowitz,

Robert Hight, a minor, by his parents and next friends, John

and Jeanne Hight, David Preusch, a minor by his parents and

next friends, Calvin and Elizabeth Preusch, and Charles

DiNolfi, on behalf of themselves and all others similarly

situated, Plaintiffs-Intervenors

United States of America, Plaintiff-Intervenor

v.

PENNHURST STATE SCHOOL & HOSPITAL, Department of Public

Welfare of the Commonwealth of Pennsylvania, Frank S. Beal,

Secretary of the Department of Public Welfare, Stanley

Meyers, Deputy Secretary for Mental Retardation, Department

of Public Welfare, Helene Wohlgemuth, Former Secretary,

Department of Public Welfare, Aldo Colautti, Executive

Deputy Secretary, Department of Public Welfare, Wilbur

Hobbs, Deputy Secretary for Southeastern Region, Department

of Public Welfare, Russell Rice, Jr., Commissioner of Mental

Retardation for Southeastern Region, Department of Public

Welfare, C. Duane Youngberg, Superintendent, Pennhurst State

School & Hospital, Robert Smilovitz, Former Assistant

Superintendent, Pennhurst State School & Hospital, Joseph

Foster, Assistant Superintendent, Pennhurst State School &

Hospital, Margaret Green, Betty Uphold, Alice Barton, P. E.

Klick, Dr. Parocca, Helen Francis, employees and agent of

Pennhurst State School & Hospital, John Doctor, James Nurse,

Jane Aide, Jill Therapist, Richard Roe, Jane Doe, unknown

and unnamed staff, employees and agents of Pennhurst State

School & Hospital, each individual Defendant sued

individually and in his or her official capacity, George

Metzger, Joseph Catania, and Roger Bowers, Commissioners for

Bucks County, Robert Strebl, Earl Baker, and Leo McDermott,

Commissioners for Chester County, Faith R. Whittlesey,

Charles Keeler and William Spingler, Commissioners for

Delaware County, A. Russell Parkhouse, Frank W. Jenkins and

Lawrence H. Curry, Commissioners for Montgomery County,

Mayor Frank L. Rizzo and the City Council of Philadelphia,

as Authorities for Philadelphia County, Peter Bodenheimber,

Mental Health/Mental Retardation Administrator for Bucks

County, William A. McKendry, Mental Health/Mental

Retardation Administrator for Chester County, P. Paul

Burrichter, Mental Health/Mental Retardation Administrator

for Delaware County, Hermann A. Roether, Mental

Health/Mental Retardation Administrator for Montgomery

County, and Leon Soffer, Mental Health/Mental Retardation

Administrator for Philadelphia County, Commonwealth of

Pennsylvania, Defendants Pennhurst State School & Hospital,

Department of Public Welfare of the Commonwealth of

Pennsylvania, Frank S. Beal, Stanley Meyers, Helene

Wohlgemuth, Aldo Colautti, Wilbur Hobbs, Russell Rice, Jr.,

C. Duane Youngberg, Robert Smilovitz, Joseph Foster,

Margaret Green, Betty Uphold, Alice Barton, P. E. Klick, Dr.

Parocca, and Helen Francis, Appellants in No. 78-1490

George Metzger, Joseph Catania, and Roger Bowers,

Commissioners for Bucks County, and Peter Bodenheimber,

Mental Health/Mental Retardation Administrator for Bucks

County, Robert G. Strebl, Earl M. Baker, and Leo McDermott,

Commissioners for Chester County, and William A. McKendry,

Mental Health/Mental Retardation Administrator for Chester

County, Faith Ryan Whittlesey, Charles C. Keller, and

William A. Spingler, Commissioners for Delaware County, and

P. Paul Burrichter, Mental Health/Mental Retardation

Administrator for Delaware County, and A. Russell Parkhouse,

Frank W. Jenkins, and Lawrence H. Curry, Commissioners for

Montgomery County, and Hermann A. Roether, Mental

Health/Mental Retardation Administrator for Montgomery

County, Appellants in No. 78-1564

Mayor Frank L. Rizzo, the City Council of Philadelphia, and

Leon Soffer, Appellants in No. 78-1602.

Nos. 78-1490, 78-1564 and 78-1602.

United States Court of Appeals, Third Circuit

December 13, 1979

Argued January 9, 1979.

Reargued en banc Sept. 6, 1979.

As Amended Dec. 19, 1979.

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Norman J. Watkins (argued), Deputy Atty. Gen., Dept. of Justice, Chief, Civil Litigation, Harrisburg, Pa., for Commonwealth, appellants in No. 78-1490.

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David Ferleger (argued), Philadelphia, Pa., for appellees, Terri Lee Halderman, et al.

Robert B. Hoffman, Deputy Atty. Gen., Gerald Gornish, Acting Atty. Gen., Pa. Dept. of Justice, Harrisburg, Pa., for Commonwealth appellants.

Thomas M. Kittredge (argued), Morgan, Lewis & Bockius, Philadelphia, Pa., for the Suburban County, appellants in No. 78-1564.

Robert N. DeLuca, U. S. Atty., Philadelphia, Pa., Drew S. Days, III (argued), Asst. Atty. Gen., Brian K. Landsberg, Frank D. Allen, Jr., Arthur E. Peabody, Jr., Attys., Dept. of Justice, Washington, D. C., for United States; Jaime Fernandez, Atty., Dept. of Health, Ed. and Welfare, Washington, D. C., of counsel.

Sheldon L. Albert, City Sol., Theodore H. Lunine, Deputy City Sol., Joseph M. Davidson, Asst. City Sol., Marc H. Myers (argued), Asst. City Sol., Philadelphia, Pa., for City of Philadelphia, appellants in No. 78-1602.

Stephen A. Sheller (argued), Bruce M. Ludwig, Philadelphia, Pa., for The Pennhurst Parents-Staff Ass'n, et al., amicus curiae.

Thomas K. Gilhool (argued), Frank J. Laski, Edward A. Stutman, Public Interest Law Center of Philadelphia, Philadelphia, Pa., for appellees Pennsylvania Ass'n for Retarded Citizens, et al.; Michael Churchill, James J. Raggio, Philadelphia, Pa., of counsel.

James D. Crawford (argued), Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for amici curiae, Nat. Ass'n for Retarded Citizens, United Cerebral Palsy Ass'n, Inc. and Epilepsy Foundation of America.

Richard Kirschner, Robert C. Cohen, Markowitz & Kirschner, Philadelphia, Pa., for amicus curiae.

Argued Jan. 9, 1979.

Before SEITZ, Chief Judge, and GIBBONS and HIGGINBOTHAM, Circuit Judges.

Reargued en banc Sept. 6, 1979.

Before SEITZ, Chief Judge, and ALDISERT, GIBBONS, ROSENN, HUNTER, WEIS, GARTH, HIGGINBOTHAM and SLOVITER, Circuit Judges.

OPINION

GIBBONS, Circuit Judge:

This is an appeal from an order granting class action injunctive relief against the continued maintenance of Pennhurst State School and Hospital (Pennhurst), a facility for the care and training of persons suffering mental retardation. Located in Spring City, Pennsylvania, Pennhurst is operated under the direction of the Pennsylvania Department of Public Welfare. The appellants are Pennhurst, its superintendent and various other officials of the Commonwealth of Pennsylvania responsible for the operation of Pennhurst (the Commonwealth defendants), and five counties in southeastern Pennsylvania from which mentally retarded persons are admitted to Pennhurst (the County defendants). 1 The appellees are the original and intervening plaintiffs, described more fully below. We affirm the trial court's finding of liability, and modify in part the court's decree.

I. PROCEEDINGS BELOW

The action commenced on May 30, 1974, when Terri Lee Halderman, a minor retarded resident of Pennhurst, for herself and all other Pennhurst residents, filed a complaint against the Commonwealth defendants. The complaint alleged that the residents, all of whom are mentally retarded, live in inhumane and dangerous conditions, are subjected to unnecessary physical restraints, are given unnecessary and dangerous medication, are consigned to lives of idleness

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because of lack of habilitative programs, and are subjected to numerous physical injuries resulting from a lack of adequate supervision. The complaint further charged that the regimen of Pennhurst caused Halderman and her class to deteriorate and regress emotionally, intellectually, and physically. The conditions to which residents were subjected, she claimed, denied the class members due process and equal protection of the law, and inflicted on them cruel and unusual punishment. Halderman sought both injunctive relief against the conditions at Pennhurst and money damages for past injuries.

In November 1974, the United States moved pursuant to Rule 24, Fed.R.Civ.P. 24, to intervene as a plaintiff. Its complaint sought injunctive relief against the Commonwealth defendants, citing the same conditions about which Halderman had complained. The Commonwealth defendants opposed intervention by the United States, but it was granted on January 17, 1975. 2

On June 3, 1975, the...

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