PENNHURST STATE SCHOOL v. HALDERMAN

No. 79-1404.

451 U.S. 1 (1981)

PENNHURST STATE SCHOOL AND HOSPITAL ET AL. v. HALDERMAN ET AL.

Supreme Court of United States.

Decided April 20, 1981.


Attorney(s) appearing for the Case

Allen C. Warshaw, argued the cause for petitioners in No. 79-1404. Thomas Kittredge argued the cause for petitioners in Nos. 79-1408 and 79-1415. Joel I. Klein argued the cause for petitioner in No. 79-1489. With them on the briefs were Harvey Bartle III, Robert B. Hoffman, Norman J. Watkins, Alan J. Davis, Carl E. Singley, and H. Bartow Farr III.

David Ferleger argued the cause and filed a brief for respondents Halderman et al. Thomas K. Gilhool argued the cause for the Pennsylvania Association for Retarded Citizens et al., petitioners in No. 79-1414 and respondents in Nos. 79-1404, 79-1408, 79-1415, and 79-1489. With him on the brief were Frank J. Laski and Michael Churchill. Assistant Attorney General Days argued the cause for the United States. With him on the brief were Solicitor General McCree, Harriet S. Shapiro, Brian K. Landsberg, Frank D. Allen, Jr., and Joan Magagna.

Briefs of amici curiae urging affirmance were filed by Wm. Reece Smith, Jr., for the American Bar Association; by Margaret F. Ewing and Paul R. Friedman for the American Orthopsychiatric Association et al.; by Clifford D. Stromberg for the American Psychiatric Association; by David S. Tatel for the International League of Societies for the Mentally Handicapped et al.; by Robert L. Burgdorf, Jr., for the National Association of Protection and Advocacy Systems et al.; by James D. Crawford for the National Association for Retarded Citizens et al.; by Ronald M. Soskin for the National Center for Law and the Handicapped et al.; by Deborah Kaplan and Steven M. Fleisher for People First International, Inc., et al.; by David C. Shaw for the Connecticut Association for Retarded Citizens, Inc., et al.; and by Steven J. Schwartz and Robert D. Fleischner for Plaintiffs in Brewster v. Dukakis (D. Mass.), et al.

A brief for the State of Illinois et al. as amici curiae was filed by Alan E. Grischke and Christine A. Bremer, Special Assistant Attorneys General of Illinois; Gregorey H. Smith, Acting Attorney General of New Hampshire, and Wilbur A. Glahn III and Anne R. Clarke, Assistant Attorneys General; William J. Guste, Jr., Attorney General of Louisiana, and Carmack M. Blackmon, Assistant Attorney General; William J. Brown, Attorney General of Ohio, and George Striker, Assistant Attorney General; Mark V. Meierhenry, Attorney General of South Dakota, and Janice Godtland, Assistant Attorney General; Slade Gorton, Attorney General of Washington, and David R. Minikel, Assistant Attorney General; Chauncey H. Browning, Attorney General of West Virginia, and David R. Brisell, Assistant Attorney General; Paul L. Douglas, Attorney General of Nebraska; John J. Degnan, Attorney General of New Jersey, and Steven Wallach, Deputy Attorney General; William M. Leech, Jr., Attorney General of Tennessee, and Lee Breckenridge, Assistant Attorney General; and Warren A. Spannaus, Attorney General of Minnesota, and Alan A. Held, Special Assistant Attorney General.


JUSTICE REHNQUIST delivered the opinion of the Court.

At issue in these cases is the scope and meaning of the Developmentally Disabled Assistance and Bill of Rights Act of 1975, 89 Stat. 486, as amended, 42 U. S. C. § 6000 et seq. (1976 ed. and Supp. III). The Court of Appeals for the Third Circuit held that the Act created substantive rights in favor of the mentally retarded, that those rights were judicially enforceable...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases