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EASLEY BY EASLEY v. SNIDER

Civ. A. No. 93-0221.

841 F.Supp. 668 (1993)

Tracy EASLEY, By her next friend, Lucille EASLEY and Florence Howard, Plaintiffs, v. Karen F. SNIDER, Secretary of the Department of Public Welfare, et al., Defendants.

United States District Court, E.D. Pennsylvania.

December 20, 1993.

Attorney(s) appearing for the Case

Ilene W. Shane, Disabilities Law Project, Stephen F. Gold, Philadelphia, PA, for plaintiffs.

Susan J. Forney, Office of Atty. Gen., Harrisburg, PA, for defendants.

OPINION

ANITA B. BRODY, District Judge.

In this action I must decide whether a state program that provides health maintenance and other ancillary services to physically disabled individuals can exclude from eligibility for those services physically disabled individuals who are not mentally alert as defined by the program. I find that this program violates the Americans with Disabilities Act by using an improper eligibility criterion to screen out...

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