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Byline: Terry Lawson

They've closed mental institutions that abused patients. They've glorified and legitimized dictators, and they've exposed their crimes against humanity to the world. They've saved a convicted killer from death row and aided in sending another one there. They've changed hearts and minds and altered long-held beliefs and opinions.

But can a documentary film significantly affect the 2004 presidential election?

There may ultimately be no way to assess the actual effect of "Fahrenheit 9/11," Michael Moore's film about the first term of President George W. Bush and his decision to wage war against Iraq, an issue that has divided the electorate like none since Vietnam.

Yet the attention afforded the fourth feature-length, theatrical documentary from Moore would seem to ensure that millions of people who don't watch "60 Minutes," much less PBS' "Frontline," will be exposed to a film that is unabashedly critical of the president and his policies in the months leading to the election.

Many of those who have seen "Fahrenheit 9/11" _ opening in 600 theaters nationwide Friday _ at the Cannes Film Festival, at invitation-only showings in New York or Los Angeles, or in test screenings say it contains little or nothing that has not been reported or speculated upon in print and on TV.

Yet the controversy that hangs over Moore like the ghost of General...

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)
   Teaching

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)

Professional Consultation

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.

Writing

The Place of "Choice," in Choice and Responsibility: Legal and Ethical Dilemmas in Services for People With Mental Disabilities (New York, 1994) (book chapter).


Community and Institutional Litigation: Filing, Settlement & Implementation (Philadelphia, 1994) (book)


Larum Ekki Ad Fara Yfir Gotu Ef Engin Er, in Proskahjalp (August, 1988) (interview) (journal of the Iceland association for people with retardation).


Advocate for the Disabled Wins One, The American Lawyer (Jan./Feb., 1989) (interview/profile).


A Report on the Wyoming State Training School, Lander, Wyoming (1989).


Monitoring Costs: Systemic Litigation Regarding Institutions and Community Services, 12 Mental and Physical Disability Law Reporter 492 (November-December, 1988).


Disability Law Litigation Manual (1989), for National Institute of Mental Health, Washington, D.C.


Civil Rights Disability Practice: Expediting Institutional Mistreatment Litigation, 12 Mental & Physical Disability Law Reporter 309 (1988).


Children, the Constitution and the Law, in The Media and Children's Issues (Children's Express Symposium II, 1987) (summary of presentation).


Protection and Advocacy For People Who Are Labeled Mentally Ill, Volume I, Mental Health Law Project for the National Association of Protection & Advocacy Systems (1987) (co-author of chapter on P&A statute; author of chapter on interviewing clients).


Protection and Advocacy Systems For the Mentally Ill: Summary of Issues in Mental Law With Bibliography (March, 1987), for National Institute of Mental Health, Washington, D.C., Contract 86MO175153OD ADAMHA/NIMH.


Protection and Advocacy Systems For the Mentally Ill: National Consultant Directory (March, 1987), for National Institute of Mental Health, Washington, D.C., Contract 86MO175153OD ADAMHA/NIMH.


Rights and Dignity: The Supreme Court, Congress and People With Disabilities After Pennhurst, 5 W.New Eng.L.Rev. 327 (1983) (co-author).


Anti-Institutionalization and the Supreme Court, 14 Rutgers L.Rev. 595 (1983).


The Promise of Lelsz v. Kavanagh. Texas Legal Services Center Alert: (August, 1983).


Establishing and Maintaining an Institutional Advocacy Program: Representing People With Handicaps, Book of Materials (co-editor) (Legal Services Corporation: 1981).


Levine, et al., Guardianship and Conservatorship in Massachusetts: An Attorney's Reference Manual (1981), author of chapter on interviewing the client with mental disabilities.


The Ethical and Practical Problems of Protective Services and Guardianship (Nebraska Commission on Aging and Bi-Regional Older Americans Advocacy Center: 1981) (author of chapter on interviewing).


Interview, Community Care For the Retarded, Sunday Detroit Free Press, page 1, December 14, 1980.


"The Right to Community Care for the Retarded," in Flynn & Nitsch, eds., Normalization, Social Integration and Community Services (1980).


Anti-Institutionalization: The Promise of the Pennhurst Case, 31 Stan.L.Rev. 717 (1979) (co-author).


Commitment of Minors, in Conference Report, The 2nd National Conference on The Legal Rights of the Mentally Disabled (Kansas Bar Association, Menninger Foundation) (1979).


The Pennhurst Case: Equal Rights for the Retarded, in The Philadelphia Inquirer, Review and Opinion Section, January 1, 1978, page 1.


The Failure of Institutions for the Retarded: Pennhurst, A Monumental Example of Unconstitutionality, in Health Law Project Bulletin (March, 1978).


The Rights of Mental Patients, in Norback, ed., The Health Almanac (Van Nostrand Rheinhold).


The Future of Institutions for Retarded Citizens: The Promise of the Pennhurst Case, in Mental Retardation and the Law (Dept. of Health, Education and Welfare, President's Committee on Mental Retardation) (July, 1978).


Alternative Practice in Public Interest Litigation, in Course Materials, Seminar on Public Interest Litigation: Expanded Private Practice and Attorney's Fees (Pennsylvania Bar Institute: 1977).


Commitment Rights of the Mentally Disabled, in Course Materials, Asserting the Rights of the Mentally and Physically Disabled (Pennsylvania Bar Institute: 1970).


Asylums, Parents & Kids: Commitment and the Constitution, in Mental Disability Law (Practicing Law Institute and Mental Health Law Project: 1979).


The Battle Over Children's Rights, Psychology Today (July, 1977)


Interview, Children in Trouble Part II: The Case of Bartley v. Kremens, Children's Express (May, 1977).


Parental Love and Care: The "Due Process" To Which Children Are Entitled, 28 Hospital and Community Psychiatry 221 (1977).


Kremens v. Bartley: The Right To Be Free, 27 Hospital and Community Psychiatry 708 (1976).


They Cry Out For Help: Few Will Listen to the Mental Patient, Op-ed Page, Philadelphia Inquirer 7A (July 2, 1976).


Testimony, in The Abuse and Misuse of Controlled Drugs in Institutions, Hearings Before the Subcommittee to Investigate Juvenile Delinquency, Committee on the Judiciary, United States Senate, July 31, 1975, Volume II, pages 163-273 (U.S. Government Printing Office: 1977).


In-Hospital Rights of Mental Patients, in Bavaria, ed., Legal Aspects of Mental Health Workshop (Staff Development Program, Allentown State Hospital, NIMH Grant No. 03-T-000, 907-09) (1976).


A Patients' Rights Organization: Advocacy and Collective Action By and For Inmates of Mental Institutions, 8 Clearinghouse Review 597 (1975).


Legal Challenges to the "Voluntary" Admission of Children to Mental Institutions, Volume II, Preparing and Trying the Lawsuit: Anatomy of the Bartley Case, co-author (Legal Services Corporation: 1976).


Mental Patient Civil Liberties Project, in Borman, ed., Explorations in Self-help and Mutual Aid (Center for Urban Affairs, Northwestern University: 1975 Corporation: 1976).


Introductory Note, The Farview Papers (Alliance for the Liberation of Mental Patients: 1977).


The Mental Patient Civil Liberties Project in Glenn, ed., Voices from the Asylum (Harper: 1974).


The Vanishing Welcome Mat: Legal Services and Organization in a Mental Hospital, Uncommon Law (1974).


Patients Rights Manual, in Glenn, ed., Voices from the Asylum (Harper: 1974).


Loosing the Chains: In-Hospital Civil Liberties of Mental Patients, 13 Santa Clara Lawyer 447 (1973).


Delusion and Revolution, Common Sense (1973).


The Mental Patient Civil Liberties Project: A Model for Consumer Accountability in the Mental Hospital, Rough Times (November, 1972).
Major Addresses

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).


Litigation

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).




 
 
   


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