Wagner v. Fair Acres, 49 F.3d 1002 (3rd Cir. 1995)
Case of first impression filed in 1994 under §504 of the Rehabilitation Act of 1973, 29 U.S.C. §704 and the Americans with Disabilities Act of 1990, 42 U.S.C. §§12101 et seq., seeking declaratory and injunctive relief for discrimination against an Alzheimer's Disease patient for a nursing home's refusal to admit the patient because of the difficult behaviors associated with the disease. The Third Circuit recognized the right of disabled persons seeking admission to federally-funded programs because of their disability to file suit for discrimination on the basis of their handicap. The Court also recognized a duty imposed upon nursing facilities to make reasonable accommodations for difficult patients requiring nursing care.