Institutionalization Briefs

Olmstead v. L.C., 525 U.S. 1062 (1998).
Does the ADA prohibit institutionalization based on mental disabilities where medical services can be provided in the community? The Epilepsy Foundation and other disability rights organizations argue "yes" in this Amicus Brief.
Halderman v. Pennhurst State Sch. & Hosp., 673 F. Supp. 2d 647 (3rd Cir. 1982).
Does unnecessary confinement and segregation of retarded citizens constitute discrimination under Section 504 of the Rehabilitation Act of 1973? The Epilepsy Foundation and other disability rights organizations argue "yes" in this Amicus Brief where they explain that it is also a violation of (Pennsylvania) state law, the Equal Protection Clause of the Fourteenth Amendment, and the Due Process Clause of the Fourteenth Amendment.
Pennhurst State Sch. & Hosp. v. Halderman, 451 U.S. 1 (1980).
Does the Developmentally Disabled Assistance and Bill of Rights Act mandate an end to the segregation of retarded persons in institutions and require states to modify the treatment of their retarded citizens by phasing out anachronistic institutions and replacing them with community residential facilities and community-based services? The Epilepsy Foundation and other disability rights organizations argue "yes" in this Amicus Brief.
Sec'y of Pub. Welfare v. Institutionalized Juveniles, 442 U.S. 640 (1979).
Are minors entitled to a hearing on the need for commitment before being civilly committed to an institution? The Epilepsy Foundation and other disability rights organizations argue "yes" in this Amicus Brief, explaining that the hearing is required by the due process clause of the Fourteenth Amendment.
Addington v. Texas, 441 U.S. 418 (1979).
Should the standard of proof required for involuntary commitment of an allegedly mentally ill individual be "beyond a reasonable doubt" instead of merely a preponderance of the evidence? The Epilepsy Foundation and other disability rights organizations argue "yes" in this Amicus Brief.

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