Attorney(s) appearing for the Case
Ilene Shane, Robin Resnick, Disabilities Law Project, Stephen F. Gold (Argued), Philadelphia, PA, for appellant.
John A. Kane, Howard Ulan (Argued), Dept. of Public Welfare, Office of Legal Counsel, Harrisburg, PA, for appellee.
Deval L. Patrick, David K. Flynn, Rebecca K. Troth (Argued), U.S. Dept. of Justice, Washington, DC, for the U.S. as amicus curiae1.
Before: MANSMANN, COWEN and McKEE, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
McKEE, Circuit Judge:
We are asked to decide if the Pennsylvania Department of Public Welfare ("DPW")2 is violating Title II of the Americans with Disabilities Act (the "ADA" or the "Act"), 42 U.S.C. § 12132, by the manner in which it operates its attendant care and nursing home programs. Idell S. alleges that DPW is violating the ADA by requiring that she receive required care services in the segregated...
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