SFMS Achieves Victory In Recent Ruling In Case Alleging Violations Of The Americans With Disabilities Act

Jun 23rd, 2010

In a case pending in the United States District Court for the Middle District of Pennsylvania (Scranton), captioned, Reynolds v. Commonwealth of Pennsylvania, et al., Civil Action No. 09-01492, the Honorable James M. Munley held that requiring nurses who are recovering from heroin addiction to prove that they are weaned from methadone may be found to violate the Americans with Disabilities Act (“ADA”). The lawsuit alleges that defendants have followed an “unpublished but inflexible” policy of refusing to license or relicense as a nurse any person known to be participating in a methadone maintenance program. The defendants moved to dismiss the action, arguing, among other things, that the state and its agencies are immune under the 11th Amendment from being sued under the ADA. The Court found that claims under Title II of the ADA are permissible. The Court also rejected defendants’ argument that the doctrine of quasi-judicial immunity bars Plaintiff’s claims against the individual members of the nursing board. 
 
Plaintiff was represented by SFMS attorney, Lawrence D. Berger and Attorney Michael Churchill of the Public Interest Law Center of Philadelphia.  
 
A copy of an article discussing this decision may be found through the Legal Intelligencer (law.com/jsp/pa/this_week.jsp.) 
 
A copy of the Court's decision may be downloaded and viewed by clicking here.