United States Third Circuit

In a suit brought by mental health patients who are statutorily eligible for deinstitutionalization, judgment in favor of defendant is reversed where it may not invoke the fundamental alteration defense against plaintiffs' challenge to their continued institutionalization.

Appellate Information

• Argued 07/12/2005
• Decided 09/08/2005
• Published 09/08/2005

Judges

• Before SLOVITER, MCKEE, and ROSENN, Circuit Judges.

Court

• United States Third Circuit

Counsel

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


• For Appellees:
  
• Claudia M. Tesoro (Argued), Office of Attorney General of Pennsylvania, Philadelphia, PA, for Appellees.