Education

Law School, University of Pennsylvania, J.D., 1972

      (not currently admitted to practice)

University of Pennsylvania, B.A., Sociology, 1969

Pennsylvania State University, 1965-66 (five year medical
      program in cooperation with Jefferson Medical College)

Central High School, Philadelphia, PA

• Arbitration, mediation and alternative dispute resolution (ADR)

• Special Master, United States District Court for the District of Connecticut, United States v. State of Connecticut (1997 - present)

•  Adjunct Faculty, University of Pennsylvania Law School Seminar: Representation of People With Disabilities) (1990 - 1992)

•  Special Assistant Attorney General Commonwealth of Massachusetts, and counsel to Department of Mental Retardation, Commonwealth of Massachusetts (1991 - 1994)

• Court-Appointed Monitor, Johnson v. Bradley, United States District Court for the Middle District of Florida (1989 - 1991)

• Director, Access Project Technical Assistance for Protection
  and Advocacy Systems on Access to Clients, Facilities
  and Records), for National Institute of Mental Health (1990 -
  1992)

• Adjunct Assistant Professor of Law New York University Law
  School (1982 - 1990)

• Research Fellow Legal Services Corporation, Washington,
  D.C. (1979)

• Founder and Director Mental Patient Civil Liberties Project, Philadelphia, PA (1972 - 1976)

• Faculty Temple University Student Development Program, Philadelphia, PA (1974)

• Health Law Project Philadelphia, PA (1971)

Lecturer, University of Pennsylvania Law School (1990 -
      1992)

Adjunct Assistant Professor of Law, New York University Law
      School (1982-1990)

Temple University Student Development Program (1974)

University of Pennsylvania Law School, Supervisor at Agency
      for Clinical Program (1972-1973)

Temple University School of Social Administration, Supervisor
      at Agency for Field Work (1972-1973)

Rutgers University School of Law, Camden, New Jersey, 
      Supervisor at Agency for Clinical Program (1973-1974, 1976
      - 1977)

Bryn Mawr School of Social Work, Supervisor at Agency for 
      Field Work (1974)

Commonwealth of Massachusetts: Office of the Governor, Department of Mental Retardation and Executive Office of Human Services.

State of Wyoming, Bureau of Charities and Reform, Wyoming
      State Training School

Supreme Court of West Virginia, Juvenile Justice Committee

National Institute of Mental Health

Alabama Disabilities Advocacy Program, University of
      Alabama Law School

State of New Jersey, Department of the Public Advocate

North Central Texas Legal Services, Inc., Dallas, TX

Texas Association for Retarded Citizens Association for
      Retarded Citizens of Florida (ARC/FL), Tallahassee, FL 
      Washoe

Association for Retarded Citizens, Inc., Reno, NV

Coalition To Stop Electroshock, Berkeley, CA

Developmental Disabilities Advocacy Network, Harrisburg, PA

Advocates for Basic Legal Equality, Inc., Toledo, OH

National Conference on Establishing and Maintaining an
      Institutional Advocacy Program: Representing People
      with Handicaps, San Francisco, CA and Washington, D.C.

Evolutions in Advocacy 1960-1994, United Nations
      Conference, "Beyond Normalization Toward One Society
      For All," (Reykjavik, Iceland 1994).

Community Services Litigation: Filing, Settlement &
      Implementation, Real Rights, Real Reform -- 13th
      Annual Conference National Association for Rights Protection
      and Advocacy (San Diego, CA 1994).

Plenary Address, The Place of "Choice" Choice and
      Responsibility: Legal and Ethical Dilemmas in Services for
      Persons With Mental Disabilities New York Commission on
      Quality of Care for the Mentally Disabled (Albany, NY 1994).

The Place of "Choice." Association of Special Masters and
      Court Monitors (Atlanta, GA 1994).

The Americans With Disabilities Act and Medical Treatment,
      Physical Medicine & Rehabilitation, Residency Training
      Program, The Graduate Hospital & University of Pennsylvania
      School of Medicine (Philadelphia, PA 1994).

Reflections from Court Masters, The Arc (Formerly
      Association for Retarded Citizens of the United States)
      National Convention (Providence, RI 1993).

Mental Health and the Law: Treatment Rights, Medical
      Educational Services, Inc. (King of Prussia, PA 1993).

Plenary Address, The State of the Law: Rights of People
      With Disabilities 10th Annual Conference, National Public
      Welfare Association (San Antonio, TX 1993).

The Texas Case: Lelsz v. Kavanagh, 10th Annual
      Conference, National Public Welfare Association (San
      Antonio, TX, 1993).

Evaluating and Proving Damages in Litigation Challenging the
      Quality of Care of Persons with Disabilities, Sixteenth
      Annual Conference, The National Association of Protection
      and Advocacy Systems (NAPAS) (Washington, D,C., 1993).

Community Services in the Courtroom, American Association
      on Mental Retardation (AAMR), 117th Annual Meeting
      (Washington, D.C. 1993).

People Living in the Community: What Rights do They Have
      and How Can They be Enforced? National Association for
      Rights Protection and Advocacy 11th Annual Conference
      (Kansas City, MO 1992).

The Right to Treatment, The Right to Refuse Treatment, and
      The Right To Choose: A Conference on the Clinical and
      Legal Issues Relating to Psychotropic Medication and
      Alternative Treatments, University of Alabama, School of
      Law (Tuscaloosa, AL 1990).

Creating Community Alternatives Through Litigation,
      Advocacy Challenges in the 90's, 13th Annual Conference
      of the National Association of Protection and Advocacy
      Systems (NAPAS) (Bethesda, MD, 1990).

Challenging Established Doctrines: The Impact of Cultural
      and Societal Forces on Mental Health, The American
      Orthopsychiatric Association, Inc., 67th Annual Meeting
      (Miami Beach, FL 1990).

Damage Actions on Behalf of People With Disabilities: A
      Morning With David Ferleger, Maryland Trial Lawyers
      Association, and Maryland Disability Law Center (Baltimore
      1991).

Damage Actions: A Controversial Newcomer in the Abuse
      and Neglect Prevention Arsenal, National Symposium
      on Abuse/Neglect Prevention and Intervention (New York
      1991).

Litigating Difference Law and the Community, Association for
      American Law Schools (AALS), Annual Meeting (Washington,
      D.C. 1991).

The Right to Community Placement and Services,
      Advocacy Challenges in the 90's, 12th Annual Conference
      of the National Association of Protection and Advocacy
      Systems (1989).

Access Issues, PAMI Coordinators Meeting, National
      Institute of Mental Health and National Association of
      Protection and Advocacy Systems (1990).

Welcoming Address Damages Litigation, Rights of People
      With Disabilities Dismantling Barriers to Justice, New
      York University School of Law (1989).

Role of Litigation as a Quality Assurance Mechanism,
      American Association on Mental Retardation, 1989
      Annual Meeting, Chicago (1989).

Back to Court in Pennhurst: Enforcement of Court Decrees
      in the Community American Association on Mental
      Retardation, 1989 Annual Meeting, Chicago (1989).

Enforceable Rights in Community Services: New Thought and
      Theories, National Association for Rights Protection &
      Advocacy (NARPA), 1988 Rights Conference (Portland,
      OR 1988).

Lawsuits for Damages: Strategies for Victory, National
      Association for Rights Protection & Advocacy (NARPA), 1988
      Rights Conference (Portland, OR 1988).

Personal Injury and Damage Actions, National Association
      of Protection & Advocacy Systems (NAPAS), 1988
      Annual Conference (Bethesda, MD 1988).

The Philadelphia Police and Fire Association for Handicapped
      Children v. City of Philadelphia Board of Directors, Charles
      R. Drew Community Mental Health/Mental Retardation Center
      (Philadelphia, PA 1988).

Keynote Speech, Mississippi Protection & Advocacy System,
      Inc. Annual Conference (Jackson, MI 1988).

Keynote Speech, Advocacy Resource Conference, West
      Virginia Department of Health and Mental Health Association
      in West Virginia (Morgantown, WV 1988).

Keynote Speech, Civil Rights Seminar in Mental Health and
      Disability Law, Wyoming State Bar and Protection &
      Advocacy System, Inc. (Laramie, WY 1988).

Rights in Treatment; Competency: Client Choice v.
      Substituted Judgment -- Who Knows Best Considerations in
      Legal Restraints & Guardianship Proceedings Civil Rights
      Seminar in Mental Health and Disability Law, Wyoming State
      Bar and Protection & Advocacy System, Inc. (Laramie,
      WY 1988).

Negotiation Workshop Advocacy Resource Conference, West
      Virginia Department of Health and Mental Health Association
      in West Virginia (Morgantown, WV 1988). Rights of People
      With Disabilities, Wyoming Law School (Laramie, WY
      1988).

Conference Organizer, Co-Sponsor and Presenter Damages
      Action Conference (Washington, D.C. 1988) (with Mental
      Health Law Project & Center for Public
      Representation).

Litigation Practice Book -- Report on Technical Assistance
      Project, National Association of Protection & Advocacy
      Systems, Inc. and MIMH PAMI Coordinators Meeting
      (Orlando, FL 1987).

Children, the Constitution and the Law Children's Express,
      A Symposium on the Media and Children's Issues (New York,
      NY 1987).

Luncheon Speaker State Convention, Association for
      Retarded Citizens, Maryland (Baltimore, MD 1987).

Keynote Speech Virginia Department of Mental Health and
      Mental Retardation Seventh Annual Human Rights
      Seminar (Charlottesville, VA 1986). Address Families Unite
      for Mental Health (Oreland, PA 1986).

Address Great Lakes Regional NRA Conference, Rehabilitation
      Values...Tradition, Vision, Commitment (St. Paul MN 1985).

Address Mental Health Consumer Rights Advocacy
      Conference (Wyomissing, PA 1985).

Address Families Unite for Mental Health (Springfield, PA
      1985).

Informed Consent to Treatment: Juveniles and the Mentally
      Disabled, Conference on Current Issues in Law and
      Psychiatry (sponsored by N.Y. Supreme Court Appellate
      Division, First Dept., and committees of the Association of
      the Bar of the City of New York) (New York 1983).

Legal Issues and the Disturbed Adolescent, Eastern State
      School and Hospital Conference on Building a Total
      Treatment Framework for the Disturbed Adolescent
      (Trevose, PA 1983).

Solo and Small Firm Practice, Second Annual Public Interest
      Law Conference, New Approaches to Law in the Public
      Interest, University of Pennsylvania (panel discussion)
      (Philadelphia, PA 1983).

Guest of Honor and Speaker Reception following special
      performance of Nuts, a play by Tom Topor, produced
      by The Philadelphia Company (Philadelphia,
      PA 1982).

Recent Litigation and Expanding Community Services, 1982
      Mental Health Rights Conference, National Association
      for Rights Protection and Advocacy (Detroit, MI 1982).

Alternative Approaches to Public Interest Law Practice and
      Funding, Conference on the Future of Public Interest
      Law and Practice, University of Pennsylvania (panel
      discussion) (Philadelphia, PA 1982).

The History and Present Reality of Institutions and
      Implementation Strategies for Institutional Problems,
      National Conferences on Establishing and Maintaining
      An Institutional Advocacy Program: Representing People With
      Handicaps (San Francisco, CA and Washington, D.C., 1981).

Address Public Interest Law Conference, University of
      Pennsylvania Law School (Philadelphia, PA 1981).

Free Speech for Nazis? Panel at WCAU-TV presented by
      Jewish Community Relations Council (1981).
      Post-Partum Pennhurst: Rights to Treatment and
      Habilitation in Least Restrictive Settings Institutional Law
      Training, Pennsylvania and Legal Services Center (Harrisburg,
      PA 1981).

Rights, Wrongs, and the Cost of Freedom: A New Ideology
      for Advocacy? Conference on Legal Rights of the Disabled
      Citizen (Louisville, KY 1981).

Address Third Annual Symposium on Mental Health and the
      Law, University of Richmond, T.C. Williams School of Law
      (1980). Address Governor's Advocacy Council for Persons
      With Disabilities, Public Interest Conference: Focus on
      Community Alternatives (Charlotte, NC 1980).

Address Advocacy for the Legal Interests of Children,
      National Association of Counsel for Children (Colorado
      Springs, CO 1980). Dinner Speaker Annual Dinner, Mental
      Health Association of Lackawanna County (Scranton,
      PA 1980).

Address American Association on Mental Deficiency,
      Mississippi, Annual Meeting (Jackson, MI 1980).

Rural Lawyer Training Developmental Disabilities Advocacy
      Network, Conference of the Rural Lawyer Training
      Project (convener, organizer and presenter, with Penelope
      A. Boyd, Esquire) (Butler and Lamar, PA 1980).

Advocacy: Asserting the Rights of the Mentally Disabled,
      Lackawanna, Susquehanna, Wayne counties MH/MR
      Program, Allied Service for the Handicapped, Lackawanna
      Association for Retarded Citizens and Mental Health
      Association of Lackawanna County (Dunmore, PA 1980).

Whose Hands Are Tied? Physical Restraints, Minors and the
      Law, American Academy of Child Psychiatry, Annual
      Convention (Atlanta, GA 1979).

Speaker; Course Planner Pennsylvania Bar Institute, Seminar
      on Asserting the Rights of the Mentally Disabled
      (Philadelphia, PA 1979) (Course Planner and Major Speaker).

Address Practicing Law Institute, Legal Rights of the
      Mentally Handicapped (Denver and New York (1979 - 1980).

Keynote Speaker National Public Law Training Center,
      Current Concerns in Public Sector Law (Washington, D.C.,
      1979).

Address Ohio Association for Retarded Citizens, Annual
      Convention (Toledo, OH 1979).

Asylums, Parents and Kids The Right to Be Free, Kings
      College (Wilkes-Barre, PA 1978).

Address American Association of Law Liberties, Annual
      Convention (Washington, D.C. 1981).

Children's Rights: Past and Present, University of Kansas
      (Lawrence, KS 1978).

Address Western Psychiatric Institute and Clinic (Pittsburgh,
      PA 1978).

Plenary Speaker Massachusetts Association for Retarded
      Citizens, 23d Annual Convention (Eastham, MA 1978).

Address Washington State Association for Retarded Citizens,
      Annual Convention (Ocean Shores, WA 1978).

Address 2d National Conference on Legal Rights of the
      Mentally Disabled, The Kansas Bar Association, The
      Menninger Foundation (Topeka, KS 1978).

Address American Association on Mental Deficiency, Annual
      Convention (New Orleans, LA 1977).

Pennsylvania Bar Institute, Seminar on Public Interest
      Litigation: Expanded Private Practice and Attorney's Fees
      (Philadelphia, PA 1977).

Address Annual Deveraux Foundation Institute on
      Therapeutic Education (West Chester, PA 1977).

Address Columbia University Teacher's College National
      Conference on Children's Rights (New York, NY 1976).

Address Pennsylvania Rehabilitation Association Annual
      Meeting (1975).

Address Self-Help Exploratory Workshop (Chicago, IL 1974).

Address National Legal Aid and Defender Association Annual
      Meeting (1974).

Address American Psychological Association Annual
      Conference (1974).

Address National Association of Social Workers Southern
      Regional Conference (1974).

Address State of Maine, Department of Mental Health and
      Corrections, and Bowdoin College, Conference on Mental
      Health Law (1974).

Address National Association of Social Workers Annual
      Conference (1972).

Legal Issues and the Disturbed Adolescent The Social
      Service Department of Eastern State School and
      Hospital (Trevose, PA 1983).

Artway v. Pallone
672 F.2d 1168 93d Cir. 1982). U.S. Court of Appeals for the Third Circuit appointed David Ferleger in the case on due process and equal protection challenges to New Jersey sex offender commitment law. See also Artway v. Pallone, 676 F.2d 684 (1982).

Baldridge v. Clinton
139 F.R.D. 119 (E.D. Ark. 1991). Litigation transferred to David Ferleger from original counsel. Class decertified on findings that named representatives in original case no longer were typical of class members' claims, and that requirements of class action rule were not met with regard to commonality.

Behavior Research Institute v. Leonard
(Bristol Country, Mass.). Represent Department of Mental Retardation, Commonwealth of Massachusetts, in litigation and in consultation concerning administrative action regarding a private facility for individuals with retardation and challenging behaviors.

Buress v. Beal
(M.D. Pa). Civil rights lawsuit by inmate of institution for the criminally insane for forcible administration of penicillin. Settled in favor of plaintiff for monetary sum.

Caruso v. Clark
(E.D. Pa.). Suit regarding wrongful incarceration in institution.

City of Philadelphia v. Commonwealth Department of Public Welfare
564 A.2d 271, 128 Pa.Cmwlth 565 (1989). People with handicaps living at home and City sought preliminary injunction against Commonwealth to provide funding to continue or reinstate adequate nonresidential services for people with mental retardation. Held that Department of Public Welfare would be required to seek interim grant from General Assembly to fund nonresidential habilitation services for retarded persons in city, and city would be required to continue to provide such services.

Cockerham v. Hughes
(N.D. Tx. 1987). $85,000 award for beating in retardation institution and other mistreatment.

Commonwealth Department of Public Welfare v. Kallinger
580 A.2d 887, 134 (PaCmwlth. 415, 59 U.S.L.W. 2193 (1990), affirmed, --- PA --- (19---). The Department of Public Welfare and a state hospital filed a request for special emergency relief seeking authorization for involuntary administration of necessary nutrition and medical treatment to a prisoner who wanted to starve himself to death. Held that the interest of the Commonwealth the duty to maintain the life of the prisoner.

Commonwealth v. Sematis
555 A.2d 1347, 382 Pa.Super. 569 (1989). On conviction of person for kidnapping and sentence of mandatory five-years
due to use of firearm, held that commitment to prison (rather than mental hospital) was mandated by the state statute, and that sentence was appropriate despite the defendant's mental illness and other factors.

Cospito v. California
(D.N.J.) (1982). Represented New Jersey Department of the Public Advocate in deposition proceedings in this case involving accreditation of psychiatric facilities by Joint Commission on Accreditation of Hospitals.

Davenport v. St. Mary Hospital
1988 U.S. Dist. Lexis 1332 (1988). Awarding attorney's fees and adjudicating rate in civil rights action. The underlying action involving a wrongful mental health commitment was earlier settled in favor of plaintiff.

Downs v. Department of Public Welfare 368 F.Supp. 454 (E.D. Pa. 1975). held that Thirteenth Amendment ban on involuntary servitude applies to mental institution peonage. Same case at 65 F.R.D. 557 (E.D. Pa.1974), held that sovereign immunity does not prelude award of attorney's fees from state funds.

Falter v. Veteran Administration
(D.N.J.). Represent the New Jersey Department of the Public Advocate and plaintiffs in deposition proceedings in this case involving inadequate treatment and violation of rights at a Veterans Administration Hospital.

Feagley v. Waddill
868 F.2d 1437 (5th Cir. 1989). In wrongful death action (drowning in swimming pool of resident of state retardation institution), District Court had denied state's motion for summary judgment and ordered case to trial. Court of Appeals held that interlocutory order denying mental health officials' motion for summary judgment based on qualified immunity was not appealable, in that there were unresolved factual issues as to nature of defendants' conduct. Case later settled at trial.

Fontroy v. Owens
23 F.3d 63 (3rd Cir. 1994), vacated and remanded, __ U.S. __ (__). Prisoners' rights suit. Successfully sought and obtained decision by U.S. Supreme Court vacating Court of Appeals order. Suit involves exposure to asbestos in prison.

Garwood v. Maguire
(E.D. Pa.). In habeas corpus action, court held that judicial hearing, including opportunity to confront and cross-examine psychiatrist, is required prior to commitment; hospital records ordered expunged.

Garwood v. Maguire, II
(E.D. Pa.). In civil rights action, settlement for monetary sum and agreement that mental patients have free and ready access to telephones.

Goldy v. Beal 429 F.Supp. 640 (M.D. Pa. 1976). (Three-Judge Court); 91 F.R.D. 451 (E.D. Pa. 1981). Declaring unconstitutional state civil commitment statute as unconstitutionally vague. Held that civil rights action in federal court, rather than state court habeas corpus, is appropriate and that absention is not proper in such a case.

Griffith v. Ledbetter
711 F.Supp. 1108 (N.D. Ga. 1989). Held that resident of mental health/retardation institution has due process right to have treament decisions made by qualified professionals, and that, while there is no state-created right to community services, the patient did have a right to such training as could be reasonably devised to maintain the basic self-care skills which he possessed at the time of his commitment to state custody. Another opinion in case granted television stations access to videotape of restraint of client in state retardation institution.

Halderman v. Pennhurst State School
465 U.S. 89 (1984); 451 U.S. 1(1981); 673 F.2d 645 (3d Cir. 1982) (on remand); 612 F.2d 84 (3d Cir. 1979); 446 F.Supp. 1295 (E.D. Pa. 1877) (on liability and implementation order), 451 F.Supp. 233 (E.D. Pa. 1978). Landmark case in District Court holding that proper habilitation for the retarded cannot be provided in a large-scale long-term institution such as Pennhurst. Court ordered the replacement of the instution with community residences and services. U.S. Supreme Court reversed federal statutory holding and, on remand, Court of Appeals found right to individualized community services to be developed by state and county. Argued for third time in United States Supreme Court on October 3, 1993, on reargument after 1982 argument. $1,200,00 in contempt fines at $10,000 per day are upheld by Court of Appeals is awaiting decision on granting of certiorari by United States Supreme Court. On March 28, 1994, the Commonwealth and Philadelphia Defendants were held in contempt for failing to provide adequate community services. In April, 1995, the Court ordered development of a community quality assurance system. Other citations in implementation of this case include: 855 F.Supp. 747 (E.D. Pa. 1994); 855 F.Supp. 733 (E.D. Pa. 1994); 154 F.R.D. 594 (E.D. Pa. 1994); 834 F.Supp. 757 (E.D. Pa. 1993); 784 F. Supp. (E.D.Pa. 1992); 1987 U.S. Dist. Lexis 11020 (1987); 610 F. Supp. 1221 (D.C. Pa. 1985); 97 F.R.D. 522 (D.C. Pa. 1983); 673 F.2d 645 (3d Cir. 1983); 566 F.Supp. 185 (E.D. Pa. 1983); 555 F.Supp. 835 (E.D. Pa. 1983); 555 F.Supp. 1144 (E.D. Pa. 1983); 707 F.2d 702 (3d Cir. 1983); 567 F. Supp. 1504 (D.C. Pa. 1983); 673 F.2d 647 (3d Cir. 1982); 673 F.2d 628 (3d Cir. 1982); 545 F.Supp. 410 (D.C. Pa. 1982); 555 F.Supp. 1142 (E.D. Pa. 1982); 835 F. Supp. 1138 (E.D. Pa. 1982); 559 F. Supp. 153 (E.D. Pa. 1982); 542 F. Supp. 619 (E. D. Pa. 1982); 536 F. Supp. 522 (E.D. Pa. 1982); 533 F. Supp. 668 (E.D. Pa.1982); 533 F.Supp. 649 (E.D. Pa. 1982); 533 F. Supp. 641 (E.D. Pa. 1982); 533 F. Supp.661 (E.D. Pa. 1982); 526 F. Supp. 428 (E.D. Pa. 1981); 526 F. Supp. 423 (E.D. Pa.1981); 526 F. Supp. 414 (E.D. Pa. 1981); 526 F. Supp. 409 (E.D. Pa. 1981); 533 F. Supp. 631 (E.D. Pa. 1981); 612 F.2d 84 (3d Cir. 1979); 612 F.2d 131 (3d Cir. 1979); 452 F. Supp. 867 (E.D. Pa. 1978); 451 F. Supp. 233 (E.D. Pa.1978); 446 F. Supp. 1295 (E.D. Pa. 1978).

Halderman v. Pennhurst State School and Hospital 725 F. Supp. 861 (E.D. Pa. 1989). Held that fee award for monitoring implementation of class action injunction is warranted. Also addresses rates and other fee issues.

Halderman v. Pennhurst State School and Hospital
901 F. 2d 311 (3d Cir. 1990). Six years after final settlement, on a motion for enforcement, Court of Appeals held that district court retained jurisdiction to enforce settlement, and that Commonwealth and counties were in substantial noncompliance with agreement with regard to placement obligations in the community.

Robert Hartman Contempt Proceeding, Halderman v. Pennhurst
(July, 1987). On contempt and enforcement motion, family home placement ordered with monetary sum to settle claim for compensatory fine.

In re Gross
382 A.2d 116, 476 Pa. 203 (Pa. 1978). Right to refuse treatment in mental institution.

Institutionalized Juveniles v. Secretary of Public Welfare
442 U.S. 640 (1979), vacating and remanding 459 F.Supp.
30 (E.D. Pa. 1978) (Three-Judge Court); 87 F.R.D. 463 (E.D. Pa. 1978); 568 F.Supp. 1020 (D.C. Pa. 1983); 758 F.2d 897 (3d Cir. 1985); 78 F.R.D. 413 (E.D. Pa. 1978). Bartley v. Kremens, 402 F.Supp. 1039 (E.D. Pa. 1975) (Three-Judge Court), vacated and remanded on other grounds, 431 U.S. 119 (1977). In these cases, argued two times in the United States Supreme Court, the high court ultimately decided that, although children committed to mental institutions do have constitutionally protected liberty interests, they do not have the right to a lawyer and a hearing before commitment as the lower court twice held. The Supreme Court did find that, on admission, children do have a right to a neutral fact-finder and that parent alone may not commit their children.

Johnson v. Mayor and City Council of Baltimore
472 U.S. 353 (1985).

Jones v. Kavanagh
(E.D. Pa. 1982). $237,000 award in settlement of civil rights damage action for drowning of 18 year-old in bathtub at Fort Worth State School.

Katkow v. Rosen
(Bucks City, Pa.). Award of several hundred thousand dollars in settlement of damage case for psychiatric sexual abuse.

Lang v. Delaware Valley Mental Health 469 A.2d 302, 322 Pa.Super. 600 (1983). Mental health case.

Lelsz v. Kavanagh
783 F.Supp. 286 (N.D.Tex. 1991); 824 F.2d 372 (5th Cir. 1987); 710 F.2d 702 (5th Cir. 1983); 98 F.R.D. 11 (E.D. Tx. 1982); 815 F.2d 1034 (5th Cir. 1987); 807 F.2d 1243 (5th Cir. 1987); 710 F.2d 1040 (5th Cir. 1983); 112 F.R.D. 367 (N.D. Tx. 1986); 629 F.Supp. 1487 (N.D. Tx. 1986); 673 F.Supp. 828 (N.D. Tx. 1987); 1987 U.S. Dist. Lexis 11055 (Nov. 24, 1987). Class action against three state institutions of people with retardation and state officials to secure end to institutional harm and abuse, and also to expand community services. Consent decrees in 1983 and 1987 award relief sought by plaintiffs; lawsuit now expanded to all thirteen state schools for people with retardation in Texas. The 1991 settlement requires closure of two retardation institutions, community placement of over 1,000 state school residents and other relief.

Lelsz v. Kavanagh
137 F.R.D. 646 (N.D. Tx. 1991). Held that Texas Assistant Attorney General would be removed from further participation in case as sanction for improper litigation conduct.

Leon Lefkowitz by his parent and guardians, Saul & Eileen Lefkowitz v. Bucks County Mental Health/Mental Retardation Administrator, et al.
(D.C. Pa. 1985) No. CIV. A. 83-4730. Individual community placement ordered for young man with retardation.

Lewis v. White
1989 WL 54025 (E.D. Pa. 1989). In suit by person found Not Guilty by Reason of Insanity in criminal case and then civilly committed to state mental hospital, held that civil rights action is proper method for challenge to unnecessary institutionalization, inadequate treatment, and to statutory standard for confinement. Also addresses qualified immunity.

Lewis v. White
106591 (E.D. Pa. 1990). Award of attorney's fees and expenses; held that litigation had causal connection to relief secured.

Lombard v. Eunice Kennedy Shriver Center for Mental Retardation, Inc. 556 F.Supp. 677 (D. Ma. 1993). Damage suit for denial of care and inadequate medical services in state institution. Held that there is constitutional right to adequate medical care and state cannot delegate its obligations to private contractor.

McDonald v. Eilers
1988 U.S. Dist. Lexis 13800 (E.D. Pa. 1988) and 1988 U.S. Dist. Lexis 12942 (E.D. Pa. 1988); 1988 U.S. Dist. Lexis 11125. Lawsuit by survivors of man with retardation denied adequate treatment at state mental health institution and later killed by automobile after wandering away from institution. 1988 WL 131360 (E.D. Pa.).

Meisel v. Kremens
405 F. Supp. 1253 (E.D. Pa. 1975); 80 F.R.D. 419 (E.D. Pa. 1978). First judicial declaration that statute permitting summary revocation of mental hospital parole is unconstitutional violation of due process. Also, held that Civil Rights Attorney Fees Award Act of 1976 applies to plaintiff's application for fees as he acted as "private attorney general" and was responsible for repeal of the statute involved.

Mental Patient Civil Liberties Project v. Housing Staff Civil Rights Committee 444 F.Supp. 981 (E.D. Pa. 1977). Consent decree guaranteeing rights of people in mental institutions to free speech, association, free choice of visitors, access to civil rights groups and attorneys and patients' rights manual. On application for attorney's fees, the U.S. Supreme Court granted certiorari and remanded for determination of applicability of Civil Rights Attorneys Fees Award Act of 1976.

Musko v. McCandless
1995 WL 262520 (E.D. PA). Denial of summary judgment on civil rights and American with Disabilities Act claims by person whom Township officials sought to exclude or banish from neighborhood on account of mental illness and eccentric behavior.

Northern California Psychiatric Soc. v. City of Berkeley
223 Cal.Rptr. 609, 178 Cal.App.3d 90 (1986). Defense of Berkeley ban on electroshock treatment.

Pfeffer v. Com. Unemployment Compensation Bd. of Review
382 A.2d 511, 33 Pa.Cmwlth. 601 (1978).

Philadelphia Police and Fire Association for Handicapped Children, Inc. v. City of Philadelphia
699 F.Supp. 1106 (E.D. Pa. 1988) right to community services for people with retardation who are living at home; $6.8 million in service cutbacks enjoined.

Philadelphia Police and Fire Association for Handicapped Children, Inc. v. City of Philadelphia
874 F.2d 156 (3d Cir. 1989). In suit by mentally retarded persons living at home brought class action to challenge constitutionality of cuts in services, the District Court had 699 F.Supp. 1106 (E.D. Pa. 1989) and 705 F.Supp. 1103 (E.D. Pa. 1989), had invalidated denial of benefits for retarded persons living at home and required Pennsylvania to pay money to city. The Court of Appeals held that (1) appeal was not rendered moot by payment for services in fiscal year 1989, and (2) reduction or elimination of benefits for mentally retarded persons living at home did not violate equal protection or due process.

Ricci v. Greenblatt; Ricci v. Okin
(D. Mass.) Represent Governor of Massachusetts, Secretary of Administration and Finance, Secretary of Human Services, Commissioner of Mental Retardation, and other Defendants in five 20-year old class action consent decrees regarding services for people with retardation in Massachusetts. Began representation in 1991 for purpose of assisting Defendants in concluding the litigation and terminating judicial involvement in the retardation system. Cases were fully settled in 1993, with the court terminating its jurisdiction. Final administrative issues in process. 823 F.Supp. 984 (D.Mass. 1993);1992 WL 163215 (D.Mass.1992); 978 F.2d 764 (1st. Cir. 1992).

S.H. v. Edwards
886 F.2d 292 (11th Cir. 1989). Co-counsel on amicus curiae brief for multiple national organizations on constitutional right to community services for people with retardation.

Savidge by Savidge v. Fincannon
836 F.2d 898 (5th Cir. 1988); 784 F.2d 186 (5th Cir. 1986); 768 F.2d 639 (5th Cir. 1985). Injury and resulting paralysis to person with retardation in state institution. Lawsuit for damages. Settled in excess of $500,000.

Scott v. Plante
641 F.2d 117 (3d Cir. 1981); 532 F.2d 939 (3d Cir. 1976). Sharkey v. Kassab (E.D. Pa. 1975). Consent decree guaranteeing institutionalized mental patients opportunity
for judicial hearing prior to revocation of driver's licenses.

Silo v. Comm'r. of PA Bureau of Correction 
380 F.Supp. 1340 (M.D. Pa. 1974). Prison conditions.

Smith v. Wendell
390 F.Supp. 260 (E.D. Pa. 1975). Denial of medical care to mental institution inmate raises proper civil rights claim, the court held. Also, that two-year statute of limitation applies to claims of improper detention in mental hospital, rather than one-year limitation.

Souder v. McGuire
516 (3d Cir. 1975). Held that, where prisoner in state hospital for the criminally insane raises substantial questions concerning the constitutionality of criminal commitment statute, lower court erred in refusing the petitioner in forma pauperis status.

Souder v. McGuire
423 F.Supp. 830 (M.D. Pa. 1976). Held that mental patient's claim of forced medication stated cause of action under U.S. Constitution and that court would hear as pendent claim charge of assault and battery for forced medication.

Sudol v. Philadelphia Psychiatric Center (Philadelphia Common Pleas Ct.) 
Suit for damages against staff and inpatient facility for sexual assault on patient.

Thomas v. Vincent
(D. Tx. 1990). Death in retardation institution while being restrained. Settled for sum of money.

United States ex rel. McGough v. Hewitt
528 F.2d 339 (3d Cir. 1975). Held that, where judge in state criminal trial has reason to believe that defendant may be incompetent to stand trial, judge must hold hearing, despite agreement of defense attorney and district attorney that person is competent to proceed.

United States ex rel. Souder v. Watson 413 F.Supp. 711 (M.D. Pa. 1976). Declaring unconstitutional state law permitting transfer of prisoners to mental hospitals without mandatory notice, counsel and hearing.

  Vecchione v. Wolgemuth
426 F.Supp. 1297 (E.D. Pa. 1977) (Three-Judge Court), affirmed, 558 F.2d 150 (3d Cir. 1977), opinion upholding settlement, 80 F.R.D. 32 (E.D. Pa. 1978); 481 F.Supp. 776 (E.D. Pa. 1979). Certiorari was denied by the U.S. Supreme Court of the Circuit Court decision. In this complex litigation, state required repayment of $9,100,000 in mental patients'
funds taken in violation of a 1974 court order. A settlement was ultimately approved establishing a new system for control and management of patients' funds in state facilities.

W. v. Wapner (Phila. Common Pleas Ct.)
Damages to infant as result or Malpractice in birth, resulting in severe physical handicaps and retardation in child. Settlement includes total payout of approximately $15 million.

Walton v. Cipriano (Bucks Cty. Common Pleas Ct.)
Wrongful sexual intimacy by pshchologist with patient. Settled for sum of money.

Wong v. Bucks County of Pa.
___ F.Supp. ___ (E.D. Pa., Feb. 8, 1982). Held that alien with retardation has constitutional right not to be discriminated against in provision of services, right to adequate services.

Wyatt v. King
773 F.Supp. 1508 (N.D. Ala. 1991) (originally Wyatt v. Stickney). Held that: (1) mentally ill patients in involuntarily committed to state institutions had constitutionally protected liberty interest in their release when their condition no longer satisfied requirements for initial civil commitment, and (2) due process required at minimum that such patients receive postcommitment enjoined except in accordance with judgment. 811 F.Supp. 1533 (M.D.AL 1993); 803 F.Supp. 377 (M.D.AL 1992); 793 F.Supp. 1058 (M.D. AL 1992); 781 F.Supp. 750 (M.D.AL 1991).