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BENJAMIN v. DEPARTMENT OF PUBLIC WELFARE OF PA

No. 1:09-cv-1182.

807 F.Supp.2d 201 (2011)

Franklin BENJAMIN, et al., Plaintiffs v. DEPARTMENT OF PUBLIC WELFARE OF the Commonwealth of PENNSYLVANIA and Gary Alexander, in his official capacity as Secretary of Public Welfare of the Commonwealth of Pennsylvania, Defendants.

United States District Court, M.D. Pennsylvania.

September 2, 2011.

Attorney(s) appearing for the Case

Mark J. Murphy, Robert W. Meek, Disability Rights Network of PA, Stephen F. Gold, Philadelphia, PA, for Plaintiffs.

Allen C. Warshaw, Howard Ulan, Doris M. Leisch, Office of General Counsel, Harrisburg, PA, for Defendants.

MEMORANDUM

JOHN E. JONES III, District Judge.

I. INTRODUCTION

Plaintiffs, a class of individuals with intellectual disabilities (formerly known as mental retardation) who are institutionalized in state intermediate care facilities for persons with mental retardation ("ICF/ MRs") initiated this litigation in June 2009. Plaintiffs alleged that they were appropriate for, and not opposed to, community-based services, and that Department of Public...

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