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United States Third Circuit


Pennsylvania Prot. v. Pennsylvania Dept. of Public Welfare, 03-1461

In a suit alleging a failure to provide suitable services to persons with mental illness and retardation, summary judgment in favor of defendant-Commonwealth is reversed where its fundamental alteration defense to an integration mandate claim was legally insufficient.

Appellate Information

  • Argued 10/26/2004
  • Decided 03/24/2005
  • Published 03/24/2005

Judges

  • Before NYGAARD, AMBRO, and VAN ANTWERPEN, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Robert W. Meek, (Argued), Mark J. Murphy, Disabilities Law Project, Philadelphia, PA, for Appellant.

  • For Appellees:
  • Gerald J. Pappert, Attorney General, Calvin R. Koons (Argued), Senior Deputy Attorney General, John G. Knorr, III, Chief Deputy Attorney General, Office of Attorney General, Appellate Litigation Section, Harrisburg, PA, for Appellee.
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