United States Third Circuit
Benjamin v. Dep't of Pub. Welfare of the Commonwealth fo Pennsylvania, 11-3684
In a class action suit brought by individuals with "mental retardation" who reside in intermediate care facilities operated by the Department of Public Welfare of the Commonwealth of Pennsylvania and the Secretary of Public Welfare, claiming that defendants have failed to offer community services to them in violation of the integration mandates of the Americans with Disabilities Act and the Rehabilitation Act, district court's denial of a motion to intervene, brought by other intermediate care facility residents, is vacated and remanded where the district court abused its discretion in denying intervention as of right pursuant to Federal Rule of Civil Procedure 24(a)(2) in the remedy stage of the litigation, as well as a subsequent order granting final approval of the settlement agreement.
Appellate Information
- Decided 12/12/2012
- Published 12/12/2012
Judges
- Cowen
Court
- United States Third Circuit