Franklin BENJAMIN, by and through his next friend, Andre YOCK; Richard Grogg and Frank Edgett, by and through their next friend, Joyce McCarthy; Sylvia Baldwin, by and through her next friend, Shirl Meyers; Anthony Beard, by and through his next friend, Nicole Turman, on behalf of themselves and all others similarly situated
v.
DEPARTMENT OF PUBLIC WELFARE OF the Commonwealth of PENNSYLVANIA; Secretary of Public Welfare of the Commonwealth of Pennsylvania
Craig Springstead, by and through his father and guardian, Bertin Springstead; Maria Meo, by and through her mother and guardian, Grace Meo; Daniel Bastek, by and through his father and guardian, John Bastek; Michael Storm, by and through his guardian, Polly Spare; Beth Ann Lambo, by and through her father and guardian, Joseph Lambo; Richard Kohler, by and through his sister and guardian, Sara Fuller; Maria Kashatus, by and through her father and guardian, Thomas Kashatus; Wilson Sheppard, by and through his brother and next friend Alfred Sheppard, Appellants in No. 11-3684 *(Pursuant to Fed. R. App. 12(a))
Diane Solano, by and through her brother and guardian Carl A. Solano, Appellant in No. 11-3685 *(Pursuant to Fed. R. App. 12(a)).
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Carl A. Solano, Esq. (Argued), Schnader, Harrison, Segal & Lewis, Philadelphia, PA, for Appellant in No. 11-3685.
Nancy S. Rappaport, Esq. , DLA Piper, Philadelphia, PA, for Amicus Curiae VOR, Inc. for Appellant in No. 11-3685.
Robert W. Meek, Esq. (Argued), Kelly L. Darr, Esq. , Disability Rights Network of Pennsylvania, Philadelphia, PA, for Appellees Franklin Benjamin, Rich Grogg, Frank Edgett, Sylvia Baldwin, and Anthony Beard.
Doris M. Leisch, Esq. (Argued), Pennsylvania Department of Public Welfare, Office of General Counsel, Philadelphia, PA, for Appellees Department of Public Welfare of the Commonwealth of Pennsylvania and Secretary of Public Welfare of the Commonwealth of Pennsylvania.
Mark L. Gross, Esq. , United States Department of Justice, Civil Rights Division, Appellate Section, Nathaniel S. Pollock, Esq. , United States Department of Justice, Civil Rights Division, Washington, DC, for Amicus Curiae United States of America for Appellees.
Jeremy D. Heep, Esq. , Pepper Hamilton, Philadelphia, PA, for Amicus Curiae The Arc of Pennsylvania for Appellees.
BEFORE: FUENTES, FISHER and COWEN, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION
COWEN, Circuit Judge.
Plaintiffs-Appellees are individuals with "mental retardation" who reside in intermediate care facilities operated by Defendants-Appellees Department of Public Welfare of the Commonwealth of Pennsylvania and the Secretary of Public Welfare of the Commonwealth of Pennsylvania. By and through their respective next friends, they brought this current class action in the United States District Court for the Middle District of Pennsylvania...
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