Olmstead: Community Integration for Everyone
In 2009, the Civil Rights Division launched an aggressive effort to enforce the Supreme Court's decision in Olmstead v. L.C., a ruling that requires states to eliminate unnecessary segregation of persons with disabilities and to ensure that persons with disabilities receive services in the most integrated setting appropriate to their needs. President Obama issued a proclamation launching the "Year of Community Living," and has directed the Administration to redouble enforcement efforts. The Division has responded by working with state and local governments officials, disability rights groups and attorneys around the country, and with representatives of the Department of Health and Human Services, to fashion an effective, nationwide program to enforce the integration mandate of the Department's regulation implementing title II of the ADA.
What's New?
U.S. v. Virginia - 3:12CV059 (E.D. VA 2012)
On January 26, 2012, the Division filed in District Court a Complaint and a simultaneous Settlement Agreement resolving its ADA Olmstead investigation into whether persons with intellectual and developmental disabilities in Virginia are being served in the most integrated settings appropriate to their needs. Read More
Settlement Agreement (Word) | (PDF) - filed January 26, 2012
Settlement Agreement Fact Sheet (Word) | (PDF)
Complaint (Word) | (PDF) - filed January 26, 2012
Darling v. Douglas – 09-CV-3798 – (N.D. CA 2009) (Formerly Cota v. Maxwell-Jolly)
On January 10, 2012, The United States filed comments supporting final approval of the parties' proposed Settlement Agreement. Read More
Statement of Interest (Word) | (PDF) - filed January 10, 2012
Oster v. Lightbourne – 09-CV-4668 – (N.D. CA 2009) (Formerly Oster v. Wagner)
The United States filed a Statement of Interest on January 9, 2012 regarding Plaintiffs' challenge to a twenty percent reduction in personal care services provided through the State's In-Home Support Services (IHSS) program. IHSS is designed to enable elderly individuals and individuals with disabilities to avoid hospitalization and institutionalization. Read More
Statement of Interest (Word) | (PDF) - filed January 9, 2012
DOJ Findings Letter to Mississippi
The United States issued a Findings Letter in December 2011 concluding that Mississippi is violating the ADA's integration mandate in its provision of services to people with developmental disabilities and mental illness. After an extensive investigation, the Department found the State of Mississippi has failed to meet its obligations under the ADA by unnecessarily institutionalizing persons with mental illness or DD in public and private facilities and failing to ensure that they are offered a meaningful opportunity to live in integrated community settings consistent with their needs. The Department recommended that the State implement certain remedial measures, including the development of adequate, safe community-based services for people with developmental disabilities or mental illness who are unnecessarily institutionalized, or at risk of unnecessary institutionalization. DOJ seeks to work with the State to negotiate a settlement to resolve the findings.
Letter of Findings (Word) | (PDF) - filed December 22, 2011
M.R. v. Drefyus – 10-CV-2052 – (W.D. WA 2011)
On December 16, 2011, the Ninth Circuit Court of Appeals reversed the judgment of the district court and granted injunctive relief with respect to the named plaintiffs, finding that plaintiffs had demonstrated that the State's cuts placed them at serious risk of institutionalization in violation of the ADA. The court relied, in part, upon DOJ's previously filed Statement of Interest.
Ninth Circuit Court of Appeals Order Granting Injunctive Relief as to Named Plaintiffs (Word) | (PDF)
Steward et. al. v. Perry et. al. 5:10-CV-1025 (W.D. TX 2010)
United States Supplemental Statement of Interest in opposition to Defendants' Partial Motion to Dismiss Plaintiffs' Amended Complaint (Word) | (PDF) - filed November 30, 2011
Katie A. v. Douglas– CV-02-05662 AHM (SHX) – (C.D. CA 2011) (Formerly Katie A. v. Bonta)
Comments of the United States in Support of Final Approval of the Proposed Settlement Agreement (Word) | (PDF) - filed November 18, 2011