Mental Health Services

David Ferleger, J.D.

*** ******* ******, ***** ***, Jenkintown, PA 19046

215-***-****, 215-***-**** fax

abpmyd@r.postjobfree.com

http://www.ferleger.com

Pro le

Experienced former federal court appointed Special Master under Federal Rule of Civil

Procedure 53, and also federal Court Monitor.

Legal experience includes constitutional law, civil rights, discrimination, employment,

academic issues, higher education, special education, real estate, personal injury,

malpractice, death cases, Americans with Disabilities Act, investments.

Extensive litigation experience including ve arguments before Supreme Court of the

United States; participation in additional cases in Supreme Court; litigation nationally

before federal courts of appeals and federal district courts, and before state courts.

Negotiation, resolution, administration and oversight of complex class actions and

individual cases, settlements and disputes with and between governments.

Written works include books, book chapters, magazine and newspaper articles,

consultation reports, compliance ndings and reports.

Experience as keynote and plenary speaker, lecturer, seminar leader, and consultant.

David Ferleger Resume - 1

Experience

Summit Solutions, Alternative Dispute Resolution.

Founder. Innovative arbitration, mediation & alternative dispute resolution, negotiation,

resolution, administration and oversight of complex class actions, settlements and

government disputes. 2004 - present.

Special Master, Federal Court

United States District Court for the District of Connecticut, United States v. State of

Connecticut. Special Master, 1997 2006. Judicial adjunct/of cial, presiding at

evidentiary hearings, mediation and facilitation of agreements, and to render formal

decision-making and recommendations to the court.

Court-Appointed Monitor

United States District Court for the Middle District of Florida, Johnson v. Bradley, 1989

- 1991. Judicial adjunct, mediation and facilitation of agreements, formal decision-

making and recommendations to court.

Legal Services and Consultant

Complex and landmark litigation, individual representation in a variety of areas,

governmental litigation, judicial adjuncts, settlement and negotiation, case analysis,

monitoring of litigation, special education, civil rights litigation, class actions, appeals,

damages, injuries, disability law and human service systems. Litigation experience

including ve arguments before Supreme Court of the United States; participation in

additional cases in Supreme Court; litigation nationally before federal courts of appeals

and federal district courts, and before state courts. (beginning 1972).

Special Assistant Attorney General

Commonwealth of Massachusetts. Acted as counsel to Governor and Department of

Mental Retardation, Commonwealth of Massachusetts in Ricci v. Greenblatt ( ve

complex class actions) and in state licensing/regulatory enforcement proceedings;

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probate court matters. 1991 - 1994. Consultant and counsel to Department of Mental

Retardation.

Business and Management

Private investment management (equities and xed income). 1992 present.

Real estate investment and management. 1992 present.

Endowment Oversight

Endowment Committee Chair, Oversight of endowment fund for Reconstructionist

Rabbinical College, Wyncote, PA ((2002-2006)

Teaching

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

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

Lecturer, University of Pennsylvania Law School (multiple semesters).

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

Teaching, 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).

Research and Projects

National Disability Rights Network, research and consultation, Children in Institutions

(2005-2006).

David Ferleger Resume - 3

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).

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

Health Law Project, Philadelphia, PA (1971).

See Publications section below for additional research and projects.

Awards

David J. Vail National Advocacy Award, for Distinguished Service in Protecting the

Rights and Dignity of Mental Disabled Americans (1983), presented by he Mental

Health Association of Minnesota.

Allen S. Olmsted Award for Distinguished Service in the Cause of CIvil Liberties (1985),

presented by Delaware County Chapter, American Civil Liberties Union.

Education

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

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

Pennsylvania State University, 1965-66

Central High School, Philadelphia, PA, 1965.

Community Volunteer Activities (current)

Disability Rights Advocates for Technology / Segs4Vets, Advisory Board (charity,

includes donation of Segway mobility devices to permanently disabled wounded

warriors from Iraq and Afghanistan wars).

Jenkintown Community Association, Board of Directors, and Organization Committee

Chair (town business-community improvement association).

Margate Towers Condominium Association, Board of Directors.

David Ferleger Resume - 4

Publications 1

A. Publications on Special Masters

Special Masters Under Rule 53: A Welcome Evolution. ALI-ABA program and

materials, The Art and Science of Serving as a Special Master in Federal and State

Courts, (Nov. 1-2, 2007).

Special Master Rules: Federal Rule of Civil Procedure 53, The Role of Special Masters

in the Judicial System, 2004 Special Masters Conference: Transcript of Proceedings,

31 William Mitchell L. Rev. 1193 (2005).

Masters in Disability Litigation & Amended Rule 53, American Bar Association, 29

Mental & Physical Disability L. Rep. 157 (March/April 2005).

Masters in Complex Litigation and Amended Rule 53, Special Masters Conference

2004 Course Materials (Nat'l Arbitr. Forum ed., 2004) (unpublished).

Monitoring Costs: Systemic Litigation Regarding Institutions and Community Services,

12 Mental and Physical Disability Law Reporter 492 (November-December, 1988).

A. Other Publications

Disabilities and the Law: The Evolution of Independence, The Federal Lawyer (Fall,

2010) (working title; in press). Invited article for special issue on health and disabilities.

The Constitutional Right to Community Services, 26 Ga. State Univ. L. Rev. 763 (2010)

(Symposium issue on 10th Anniversary of Olmstead case).

Human Services Restraint: Its Past and Future, 46 Intellectual and Developmental

Disabilities 154 (vol. 46, No. 2:154-165, April 2008)

Parallels in Time 1950-2005, Internet re-publication 2007 by Minnesota Governor s

Council on Developmental Disabilities of" The Place of Choice Book chapter from

1 Sole author unless otherwise stated.

David Ferleger Resume - 5

Choice and Responsibility: Legal and Ethical Dilemmas in Services for Persons with

Mental Disabilities (1994), http://www.mnddc.org/parallels2/pdf/index.html

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 Y r 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/

pro le).

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

the State of Wyoming facility).

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.

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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) (D. Ferleger is 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 with David Ferleger, 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.

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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

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Judiciary, United States Senate, July 31, 1975, Volume II, pages 163-273 (U.S.

Government Printing Of ce: 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).

David Ferleger Resume - 9

Litigation (partial listing)

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).

Ault v. Walt Disney World Co., 2009 U.S. Dist. LEXIS 92911 (M.D. Fla., 10/6/09).

Represented more than 100 objectors, and Disability Rights Advocates for Technology,

Inc., in objections to proposed settlement which would have approved exclusion from

Disney properties of people with disabilities who use the Segway mobility device.

United States and 23 state Attorneys General also led objections. Court rejected

settlement and dismissed the case. Appeal pending. (In second matter, represented

some objectors in motion to intervene; intervention denied).

Baccus v. Parrish

45 F.3d 958 (5th Cir. 1995). Represented intervening defendants in challenge to Texas

state law providing for task force to recommend closing of state mental instituitions.

Succeeded in obtaining ruling that claims were moot.

Baldridge v. Clinton

139 F.R.D. 119 (E.D. Ark. 1991). Litigation transferred to David Ferleger from original

counsel. Class decerti ed on ndings 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.

Barbiero v. Supreme Court of Pennsylvania

(E.D. Pa). Lawsuit by learning disabled law school graduate regarding accommodations

request for Pennsylvania Bar Examination. Settled in favor of plaintiff.

Behavior Research Institute v. Leonard

(Bristol Country, Mass.). Represented Department of Mental Retardation,

Commonwealth of Massachusetts, in litigation and in consultation concerning

David Ferleger Resume - 10

administrative action regarding a private facility for individuals with retardation and

challenging behaviors.

Brown v. Fletcher

624 F.Supp. 593 (E.D. Ky 2008). Defendant corporation and its employees that

operated a state institution for the care of mentally retarded individuals had their

motion to dismiss granted in part because they were not state actors who could be

liable under 42 U.S.C.S. 1983 for allegations that they severely and repeatedly beat a

minor who had been involuntarily committed. This case, and its companion case (also

involving physical abuse), were ultimately settled for substantial monetary relief.

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.

Carr v. School District of Philadelphia

(E.D. Pa). Special education suit regarding reading needs of elementary school student.

Settled in favor of plaintiff.

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.

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Commonwealth Department of Public Welfare v. Kallinger

580 A.2d 887, 134 (PaCmwlth. 415, 59 U.S.L.W. 2193 (1990), appeal dism d as moot,

532 Pa. 292, 615 A.2d 730 (1992). The Department of Public Welfare and a state

hospital led 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. The prisoner was serving consecutive life

sentences for murders and other sentences for other crimes. Held that the interest of

the Commonwealth the duty to maintain the life of the prisoner.

Commonwealth of Pennsylvania Dept. of Corrections v. Kallinger

530 Pa. 269, 608 A.2d 494 (1992). On state of cials duties to prisoner in state penal

system; Ferleger appointed guardian ad litem; decision af rms lower court).

Commonwealth v. Sematis

555 A.2d 1347, 382 Pa.Super. 569 (1989). On conviction of person for kidnapping and

sentence of mandatory ve-years due to use of rearm, 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.

Cox v. Liberty Healthcare Corp.

622 F.Supp. 487 (E.D. Ky 2008). Because the state institution resident had not alleged

that any of the healthcare corporation's of cials or staff were in a position to accept or

reject federal funding on behalf of the corporation, the resident's. claims under 504

(29 U.S.C.S. 794) of the Rehabilitation Act, could not lie against any of the of cials or

the staff. This case, and its companion case (also involving physical abuse), were

ultimately settled for substantial monetary relief.

Davenport v. St. Mary Hospital

David Ferleger Resume - 12

1988 WL 15199 (E.D. Pa., Feb. 23, 1988), 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 of cials motion for summary judgment based on quali ed

immunity was not appealable, in that there were unresolved factual issues as to nature

of defendants conduct. Case later settled during trial.

Fontroy v. Owens

23 F.3d 63 (3rd Cir. 1994); 989 F.2d 486 (3d Cir. 1993) (district court af rmed), 114 S.Ct.

671, 510 U.S. 1033 (1994) (judgment vacated and remanded). Prisoners rights suit.

Successfully sought and obtained decision by U.S. Supreme Court vacating Court of

Appeals order. Suit involves prisoner 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

David Ferleger Resume - 13

(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 abstention is not proper in such a case.

Grif th v. Ledbetter

711 F.Supp. 1108 (N.D. Ga. 1989). Held that resident of mental health/retardation

institution has due process right to have treatment decisions made by quali ed

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. 1977) (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 institution 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 nes 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

David Ferleger Resume - 14

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). See

also, citations below.

Halderman v. Pennhurst State School and Hospital

1995 WL 493277 (E.D. Pa. 1995); 899 F.Supp. 209 (E.D. Pa. 1995);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

49 F.3d 939 (3rd Cir. 1995); 901 F. 2d 311 (3d Cir. 1990). Six years after nal 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 State School and

Hospital

(E.D. Pa., July, 1987). On contempt and enforcement motion, family home placement

ordered with monetary sum to settle claim for compensatory ne.

In re Gross

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

David Ferleger Resume - 15

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 decide 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 nd that, on admission, children do have a right to a neutral fact- nder and

that parent alone may not commit their children.

Johnson v. Mayor and City Council of Baltimore

472 U.S. 353 (1985). Amicus brief in Supreme Court for National Association for Rights

Protection and Advocacy. Challenge under Age Discrimination in Employment Act to

city retirement system.

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

903 F.Supp. 1037 (N.D.Tex. 1995); 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

David Ferleger Resume - 16

institutions of people with retardation and state of cials 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 required 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

1985 WL 4105 (E.D. Pa., Dec. 4, 1985). Individual community placement ordered for

young man with retardation. Opinion at this citation denies attorney s fees.

Lewis v. White

1989 WL 54025 (E.D. Pa. May 16, 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 con nement. Also addresses

quali ed immunity.

Lewis v. White

1990 WL 106591 (E.D. Pa., July 24, 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.

Lynch v. Sessions

David Ferleger Resume - 17

942 F.Supp. 1419 (M.D.Ala. 1996). Held that 1974 mental health involuntary

commitment injunction which had been complied with would be vacated in light of new

statutory procedures which complied with constitutional requirements.

McDonald v. Eilers

1988 WL 102649 (E.D. Pa., Sept, 30, 1988); 1988 WL 131360 (E.D. Pa., Dec. 7, 1988).

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. Complaint dismissed. Leave to le

amended complaint granted.

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. Pennsylvania Department of Public Welfare,

Hospital Staff Civil Rights Committee

444 F.Supp. 981 (E.D.Pa. 1977) (plaintiffs entitled to attorneys fees). 541 F.2d 275 (3d

Cir. 1976) (af rmed), judgment vacated by 430 U.S. 925, 97 S.Ct. 1542 (1977) (certiorari

granted and judgment vacated in light of new federal attorneys fees statute). 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 580275 (E.D. Pa. 1995);1995 WL 262520 (E.D. Pa. 1995). Denial of summary

judgment on civil rights and American with Disabilities Act claims by person whom

Township of cials sought to exclude or banish from neighborhood on account of

mental illness and eccentric behavior.

David Ferleger Resume - 18

Northern California Psychiatric Soc. v. City of Berkeley

178 Cal.App.3d 90, 223 Cal.Rptr. 609 (Cal.App. 1 Dist.,1986). Defense of City of

Berkeley ban on electroshock treatment. Represented intervenor-appellant Coalition to

Stop Electroshock. Court struck down city restrictions on electroshock and upheld

denial of intervention of Coalition.

Pfeffer v. Com. Unemployment Compensation Bd. of Review

382 A.2d 511, 33 Pa.Cmwlth. 601 (1978). Upheld denial of unemployment

compensation to claimant.

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 was enjoined by the

court.

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 (699

F.Supp. 1106 (E.D. Pa. 1989) and 705 F.Supp. 1103 (E.D. Pa. 1989)), had invalidated

denial of bene ts 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 scal year 1989, and (2) reduction or elimination of bene ts for

mentally retarded persons living at home did not violate equal protection or due

process.

Ricci v. Greenblatt; Ricci v. Okin

823 F.Supp. 984 (D.Mass. 1993);1992 WL 163215 (D.Mass. 1992); 978 F.2d 764 (1st.

Cir. 1992). Represented Governor of Massachusetts, Secretary of Administration and

Finance, Secretary of Human Services, Commissioner of Mental Retardation, and other

Defendants in ve 20-year old class action cases in which consent decrees had been

entered regarding services for people with retardation in Massachusetts. Began

representation in 1991 for purpose of assisting Defendants in concluding the litigation

David Ferleger Resume - 19

and terminating judicial involvement in the retardation system. Cases were fully settled

in 1993, with the court terminating its jurisdiction. Drafted approval statement of the

Governor of Massachusetts delivered in court. Assisted in achieving resolution of nal

administrative issues.

S.H. v. Edwards

886 F.2d 292 (11th Cir. 1989). Co-counsel on amicus curiae brief for multiple national

organizations, led by Association for Retarded Citizens of the United States (National

ARC) 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.

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 Pennsylvania Bureau of Correction

380 F.Supp. 1340 (M.D. Pa. 1974). Held that state prisoner is not entitled, based on

inadequacy of of law library, to have counsel appointed for him, with counsel paid by

the state. Prison conditions. (Silo had requested David Ferleger to represent him; Mr.

Ferleger declined at that point. Mr. Ferleger did represent Silo elsewhere).

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 F.2d 820 (3d Cir. 1975). Counsel for amicus curiae. 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

David Ferleger Resume - 20

petitioner in forma pauperis status. The lower court should have appointed counsel for

the prisoner.

Souder v. McGuire

423 F.Supp. 830 (M.D. Pa. 1976). Held that mental patient s claim for damages for

forced medication stated cause of action under U.S. Constitution s protection from

cruel and unusual punishment under Eighth Amendment, 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

con dential 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.

United States. v. Wagner

1996 WL 148536 (N.D. Tex. 1996); 1995 WL 841924 (N.D. Tex. 1995); 930 F. Supp.

1148 (N.D. Tex. 1996; 940 F.Supp. 972 (N.D. Tex. 1996). Lawsuit challenging

discrimination against a group home for people with disabilities by a neighborhood

association. Represented private plaintiffs (neighbors who sought to sell home to be a

group home for children) alongside the United States Justice Department which jointly

litigated the case.

David Ferleger Resume - 21

United States v. State of Georgia (M.D. Ga.). Consultation to Georgia Advocacy Of ce

regarding lawsuit under CRIPA by United States against Georgia regarding conditions

in state psychiatric hospitals and issues regarding community services.

Vecchione v. Wolgemuth

426 F.Supp. 1297 (E.D. Pa. 1977) (Three-Judge Court), af rmed, 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 psychologist with patient. Settled for sum of money.

Wong v. Bucks County, Pennsylvania

(E.D. Pa., Feb. 8, 1982). Held that alien with retardation has constitutional right not to

be discriminate 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 satis ed requirements for

initial civil commitment, and (2) due process required at minimum that such patients

receive postcommitment enjoined except in accordance with judgment. Represented

intervenors, class members, as consultant and co-counsel to state-designated

protection and advocacy system. 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).

David Ferleger Resume - 22

Wyatt v. Poundstone

169 F.R.D. 155 (M.D. Ala. 1995); 941 F.Supp. 1100 (M.D. Ala. 1996); 892 F.Supp. 1410

(M.D. Ala. 1995). See above.

Wyatt v. Rogers

92 F.3d 1074 (11th Cir. 1996); 942 F.Supp. 518 (M.D. Ala. 1996) (later citations omitted).

Represented plaintiff-intervenors in suit regardingconditions at Thomasville Adult

Adjustment Center, and regarding constitutionality of state law.

Baldridge by Stockley v. Clinton

139 F.R.D. 119 (E.D.Ark. 1991). Class action decision in institutional case. Class

decerti ed.

Consultation

Advocacy, Inc. (Austin, Tx)

National Disability Rights Network, Washington, D.C.

New Jersey Protection & Advocacy, Inc.

Georgia Advocacy Of ce, Atlanta, Ga.

Commonwealth of Massachusetts: Of ce of the Governor, Department of Mental

Retardation and Executive Of ce 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

David Ferleger Resume - 23

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.

Partial listing.

PROFESSIONAL ORGANIZATIONS

National Association of Special Masters

Founding Board of Directors 2004-present

National Association for Rights Protection and Advocacy

Elected Board Member 1972 - 1991. Elected President, 2 terms.

American Association on Intellectual and Developmental Disabilities (formerly,

American Association on Mental Retardation)

Member starting 1988

Foundation for Dignity

Founder and President. 1985-1990.

Foundation for Justice

Board Member, 1989-1994.

David Ferleger Resume - 24

The Association for the Severely Handicapped (TASH)

Member starting 1994

SPEAKING

Disability Rights: A Vision of Its Future (original title: Repeal the ADA?), 2010 Jacobus

tenBroek Disability Law Symposium: Equality, Difference, and the Right to Live in the

World, Baltimore, Md, April 15-16, 2010 (submitted for publication, Texas L. Rev.).

The Constituitonal Right to Community Services: Institutionalization & Unwarranted

Assumptions, at Symposium,The Long Road Home: Perspectives on Olmstead Ten

Years Later (Atlanta, Ga., Oct. 23, 2009).

Community Services: Effective Evaluation and Testimony, co-presenter. The Association

for Persons with Severe Disabilities, Annual Conference, 2009 (Pittsburgh, Pa).

Consultative Presentation, Disability Rights Network (Philadelphia, Pa, Oct. 27, 2008).

Faculty, Special Masters Under Rule 53: A Welcome Evolution. ALI-ABA program and

materials, The Art and Science of Serving as a Special Master in Federal and State

Courts, (Nov. 1-2, 2007).

Address, The Constitutional Right to Community Services, The Association for the

Severely Handicapped National Conference (Pittsburgh, Pa., 2009).

Address, Special Masters in Complex Litigation: Amended Rule 53, National

Association of Special Masters (St. Paul, MN 2004)

United Nations Presentation, Evolutions in Advocacy 1960-1994, United Nations

Conference, Beyond Normalization Toward One Society For All, (Reykjavik, Iceland

1994).

Address, Community Services Litigation: Filing, Settlement & Implementation, Real

Rights Real Reform -- 13th Annual Conference, National Association for Rights

Protection and Advocacy (San Diego, CA 1994).

David Ferleger Resume - 25

Plenary Address, The Place of Choice, Conference: 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).

Address, The Place of Choice. Association of Special Masters and Court Monitors

(Atlanta, GA 1994).

Seminar Lecturer, 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).

Address, Re ections from Court Masters, The ARC (Formerly Association for

Retarded Citizens of the United States) National Convention (Providence, RI 1993).

Seminar Lecturer, 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).

Address, The Texas Case: Lelsz v. Kavanagh, 10th Annual Conference, National

Public Welfare Association (San Antonio, TX, 1993).

Address, 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).

Address, Community Services in the Courtroom, American Association on Mental

Retardation (AAMR), 117th Annual Meeting (Washington, D.C. 1993)

Address, 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)

David Ferleger Resume - 26

Address, 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).

Address, Creating Community Alternatives Through Litigation, Advocacy Challenges in

the 90 s, 13th Annual Conference of the National Association of Protection and

Advocacy Systems (NAPAS) (Beheads, MD, 1990).

Address, 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)

Address, Damage Actions on Behalf of People With Disabilities: A Morning With David

Ferleger, Maryland Trial Lawyers Association, and Maryland Disability Law Center

(Baltimore 1991).

Address, Damage Actions: A Controversial Newcomer in the Abuse and Neglect

Prevention Arsenal, National Symposium on Abuse/Neglect Prevention and

Intervention (New York 1991).

Address, Litigating Difference, Law and the Community, Association for American

Law Schools (AALS), Annual Meeting (Washington, D.C. 1991).

Address, 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).

Address, 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).

Address, Role of Litigation as a Quality Assurance Mechanism, American Association

on Mental Retardation, 1989 Annual Meeting, Chicago (1989).

David Ferleger Resume - 27

Address, Back to Court in Pennhurst: Enforcement of Court Decrees in the

Community, American Association on Mental Retardation, 1989 Annual Meeting,

Chicago (1989).

Address, Enforceable Rights in Community Services: New Thought and Theories,

National Association for Rights Protection & Advocacy (NARPA), 1988 Rights

Conference (Portland, OR 1988).

Address, Lawsuits for Damages: Strategies for Victory, National Association for

Rights Protection & Advocacy (NARPA), 1988 Rights Conference (Portland, OR 1988).

Address, Personal Injury and Damage Actions, National Association of Protection &

Advocacy Systems (NAPAS), 1988 Annual Conference (Bethesda, MD 1988).

Address, 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).

Address, 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).

David Ferleger Resume - 28

Address, 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).

Address, Litigation Practice Book -- Report on Technical Assistance Project, National

Association of Protection & Advocacy Systems, Inc. and NIMH PAMI Coordinators

Meeting (Orlando, FL 1987).

Address, 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 (Spring eld, PA 1985).

Address, 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).

David Ferleger Resume - 29

Address, 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).

Panel, 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).

Address, Recent Litigation and Expanding Community Services, 1982 Mental Health

Rights Conference, National Association for Rights Protection and Advocacy (Detroit,

MI 1982).

Address, 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).

Address, 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).

Television, Free Speech for Nazis? Panel at WCAU-TV presented by Jewish

Community Relations Council (1981).

Address, Post-Partum Pennhurst: Rights to Treatment and Habilitation in Least

Restrictive Settings, Institutional Law Training, Pennsylvania and Legal Services

Center (Harrisburg, PA 1981).

Address, Rights, Wrongs, and the Cost of Freedom: A New Ideology for Advocacy?,

Conference on Legal Rights of the Disabled Citizen (Louisville, KY 1981).

David Ferleger Resume - 30

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 De ciency, Mississippi, Annual Meeting

(Jackson, MI 1980).

Convenor, Organizer and Lecturer, Rural Lawyer Training, Developmental Disabilities

Advocacy Network, Conference of the Rural Lawyer Training Project (with Penelope A.

Boyd, Esquire) (Butler and Lamar, PA 1980).

Address, 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).

Address, Whose Hands Are Tied? Physical Restraints, Minors and the Law, American

Academy of Child Psychiatry, Annual Convention (Atlanta, GA 1979).

Course Planner and Seminar Lecturer, 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).

David Ferleger Resume - 31

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

1979).

Address, 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).

Address, 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 the Legal Rights of the Mentally Disabled, The

Kansas Bar Association, The Menninger Foundation (Topeka, KS 1978).

Address, American Association on Mental De ciency, Annual Convention (New

Orleans, LA 1977).

Seminar Lecturer, Pennsylvania Bar Institute, Seminar on Public Interest Litigation:

Expanded Private Practice and Attorney s Fees (Philadelphia, PA 1977).

Address, Annual Devereux 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).

David Ferleger Resume - 32

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).

Television news magazine and other television appearances omitted.

Citations to David Ferleger s Work in Judicial Decisions and Articles

In re Welding Rod Products Liability Litigation, 2004 WL 3711622, N.D.Ohio (Nov. 10,

2004).

Scott v. Plante, 532 F.2d 939 (3d Cir. 1978).

Society for Good Will to Retarded Children, Inc. v. Cuomo, 103 F.R.D. 169 (S.D. N.Y.

1984)

In re Hop, 171 Cal.Rptr., 721, 623 P.2d 282, 29 (CA. 1981).

Levine v. State Dept. of Institutions and Agencies, 418 A.2d 229, 84 N.J. 234 (N.J.

1980).

In re K.K.B., 609 P2d 747 (OK 1980).

Christian, Normalization as a Goal: The Americans with Disabilities Act and Individuals

with Mental Retardation, 73 Tex. L. Rev. 409 (1994).

Eastman, Speaking Truth to Power: The Language of Civil Rights Litigators, 104 Yale

L.J. 763 (1995).

David Ferleger Resume - 33

Halpern, Introduction: Symposium Mentally Retarded People and the Law, 31 Stan. L.

Rev. 545 (1979).

Herr, Special Education Law and Children with Reading and Other Disabilities, 28 J.L. &

Educ. 337 (1999).

Koocher, Different Lenses: Psycho-Legal Perspectives on Children s Rights, 16 Nova L.

Rev. 711 (1992).

Minow, When Difference has its Home: Group Homes for the Mentally Retarded, Equal

Protection and Legal Treatment of Difference, 22 Harv. C.R.-C.L. L. Rev. 111 (1987).

Perlin, "For the Misdemeanor Outlaw: The Impact of the ADA on the Institutionalization

of Criminal Defendants with Mental Disabilities, 52 Ala. L. Rev. 193 (2000).

Perlin, "I Ain t Gonna Work on Magie s Farm No More:" Institutional Seggregation,

Community Treatment, the ADA, and the Promise of Olmstead, 17 T.M. Cooley L. Rev.

53 (2000).

Perlin, "Make Promises by the Hour:" Sex, Drugs, the ADA, and Psychiatric

Hospitali

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