Olmstead Cases by Circuit Court of Appeals
Maine, Massachusetts, New Hampshire, Puerto Rico, Rhode Island
Amanda D. v. Wood Hassan, 1:12-CV-53-LM (D. N.H. 2012) (formerly Lynn E. v. Lynch)
The Justice Department intervened in Amanda D. v. Wood Hassan, a lawsuit alleging that the state of New Hampshire fails to provide mental health services to people with disabilities in community settings in violation of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. Read more
DOJ Findings Letter to New Hampshire (2011) – Finding that the State of New Hampshire fails to provide services to individuals with mental illness in the most integrated setting appropriate to their needs in violation of the ADA, which has led to the needless and prolonged institutionalization of individuals with disabilities and has placed individuals with disabilities at risk of unnecessary institutionalization. The letter finds that community capacity in New Hampshire has declined in recent years and that this has led to unnecessary institutionalization, prolonged institutionalization. Read more
Connecticut, New York, Vermont
Disability Advocates, Inc. v. Paterson – 03-CV-3209 – (E.D. N.Y. 2009) - Following a trial on the merits, the U.S. District Court for the Eastern District of New York ruled that New York State officials and agencies have discriminated against thousands of people with mental illness by administering the State's mental health service system in a manner that segregates them in large, institutional adult homes and denies them the opportunity to receive services in the most integrated setting appropriate to their needs. Read more
Connecticut Office of Protection and Advocacy v. State of Connecticut – 3:06-CV-179 – (D. CT 2006) - The Plaintiffs in this lawsuit challenge the State of Connecticut's reliance on privately-run, segregated nursing facilities to serve the needs of individuals with mental illness who would be more appropriately served in community-based settings. Read more
Delaware, New Jersey, Pennsylvania
U.S. v. Delaware 11-CV-591 - On July 6, 2011 the Division filed in District Court a Complaint and a simultaneous Settlement Agreement resolving its ADA Olmstead investigation into whether persons with mental illness in Delaware are being served in the most integrated settings appropriate to their needs and its CRIPA investigation into conditions of confinement at Delaware Psychiatric Center. Read more
Disability Rights New Jersey, Inc. v. Velez – 05-CV-4723 – (D. NJ 2005) - Hundreds of persons with developmental disabilities residing in several large State-owned-and–operated institutions in New Jersey brought this suit, alleging that the State fails to provide themwith services and supports in the most integrated setting appropriate to their needs. Read more
Benjamin et al. v. Pennsylvania Dept. of Public Welfare – 09-CV-1182 – (M.D. PA) - In July 2010, the United States filed an amicus curiae (“friend of the court”) brief in this class action. We supported the arguments made by a class of individuals with developmental disabilities who sought to end their unjustified segregation in Pennsylvania’s large, publicly-run congregate care institutions. Read more
Maryland, North Carolina, South Carolina, Virginia, West Virginia
U.S. v. North Carolina, No. 5:12-cv-557 (E.D.N.C. 2012)
On August 23, 2012, the United States entered a comprehensive, eight-year settlement agreement with the State of North Carolina resolving the Civil Rights Division's ADA Olmstead investigation of the State's mental health service system, which currently serves thousands of individuals with mental illness in large adult care homes. The Agreement will expand access to community-based supported housing – integrated housing that promotes inclusion and independence and enables individuals with mental illness to participate fully in community life. Read more
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.
After taking public comment and holding a fairness hearing, the Court approved the settlement agreement subject to certain modifications, which were agreed to by the Commonwealth and the United States. The Court entered the settlement agreement as a final order on August 23, 2012.
Read more
DOJ Findings Letter to North Carolina - The United States issued a Findings Letter in July 2011 concluding that North Carolina is violating the ADA's integration mandate in its provision of mental health services. After an eight month investigation, the Department found that the State's administration of its mental health system causes the unnecessary institutionalization of individuals with mental illness in segregated facilities known as adult care homes. Read more
ARC of Virginia, Inc. v. Kaine – 09-CV-686 – (E.D. VA 2009) - The United States filed an Amicus Curiae Brief supporting the ARC of Virginia's challenge to the State of Virginia's plan to build a costly, institutional facility for individuals with intellectual disabilities, a plan that Plaintiff alleged would result in seventy-five individuals being moved to unnecessarily segregated facilities. Read more
Marlo M. v. Cansler – 09-CV-535 – (E.D. NC 2009) - In a case brought by two individuals with mental illness and developmental disabilities who faced institutionalization because of the State's decision to reduce their community-based services, the United States filed an Amicus Brief in Support of Plaintiffs' Motion for Preliminary Injunction in December 2009, requesting that the Court stop the State from reducing the services. Read more
Clinton L., et al. v. Cansler, et al. – 10-CV-00123 – (M.D. NC 2010) - Individuals with developmental disabilities and mental illness challenged the State's proposed reductions in reimbursement rates for in-home services that will have the effect of eliminating providers that offer medically necessary services that enable individuals to successfully reside in the community and will place them at risk of institutionalization. Read more
DOJ Findings Letter to Virginia - Finding that Virginia is in violation of the ADA integration mandate in the operation of its developmental disabilities services. The letter concludes that Virginia violates the ADA by unnecessarily institutionalizing more than 1000 individuals with developmental disabilities in large institutions and by placing other individuals at risk of institutionalization, including over 3000 individuals on the "urgent waitlist" for community services. Read more
Louisiana, Mississippi, Texas
Steward et. al. v. Perry et. al. – 5:10-CV-1025 (W.D. TX 2010) - On November 12, 2012, the United States filed a Supplemental Brief in Support of Plaintiffs' Amended Motion for Class Certification, arguing that the court should certify a class of individuals with developmental disabilities where the state has multiple policies that perpetuate unnecessary confinement in nursing facilities and deny those individuals the opportunity to receive services in the community. Read more
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. Read more
Pitts v. Greenstein – 10-CV-635 – (M.D. LA 2010) - In September 2010, a group of four individuals with disabilities who receive and depend on Medicaid Personal Care Services (PCS) in order to remain in the community and to prevent hospitalization and institutionalization filed suit to prevent the State of Louisiana from reducing the maximum number of PCS hours available each week. Read more
Troupe v. Barbour – 10-CV-00153 – (S.D. MS 2010) - The United States filed a Statement of Interest opposing Mississippi officials' motion to dismiss the complaint of Medicaid-eligible children with significant behavioral disorders who allege that the State of Mississippi fails to ensure that medically necessary services are provided to Medicaid-eligible children in the most integrated setting appropriate to their needs in violation of the ADA and the EPSDT provisions of the Medicaid Act. Read more
Kentucky, Michigan, Ohio, Tennessee
John B. v. Emkes (formerly John B. v. Goetz) – 3-98-0168 - (M.D. TN 1998) - Following a remand from the Court of Appeals for the Sixth Circuit, the United States filed a Statement of Interest in support of a Consent Decree remedying alleged failures by Tennessee officials to provide adequate health services and treatment to thousands of Medicaid-eligible children in violation of the early and periodic screening, diagnostic and treatment (EPSDT) provisions of the Medicaid Act. Read more
Illinois, Indiana, Wisconsin
ILADD v. DHS – 13-CV-01300 – (E.D. IL 2013) - On April 15, 2013, the United States filed a Statement of Interest in ILADD v. Quinn. Plaintiffs seek a preliminary injunction to stop the planned closure of two state-run centers for people with developmental disabilities. Read more
Ligas v. Maram – 05-CV-04331 – (N.D. IL 2005) - In January 2010, the United States filed a Statement of Interest urging the Court to grant preliminary approval of the Plaintiffs' and Defendants' jointly submitted Consent Decree in a case regarding large, private facilities for individuals with developmental disabilities. Intervenors, primarily family members of residents, strongly opposed the agreement. Read more
Williams v. Quinn – 05-CV-4673 – (N.D. IL 2005) – On May 24, 2010, the Department filed comments in Williams v. Quinn, supporting a Settlement Agreement that would provide hundreds of individuals with mental illness the opportunity to move from institutions to community-based settings. Read more
Hampe v. Hamos – 10-CV-3121 – (N.D. IL 2010) - In July 2010, the United States filed a Statement of Interest in Support of Plaintiffs' Motion for Class Certification, urging the Court to permit young adults to collectively challenge a State policy that places medically fragile individuals with disabilities at risk of institutionalization after turning 21. Read more
Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota
U.S. v. Arkansas – 10-CV-327 – (E.D. AR 2010) -- The United States filed suit against the State of Arkansas and Arkansas officials on May 6, 2010, alleging that the defendants were violating the ADA by failing to provide services to individuals with developmental disabilities in the most integrated setting appropriate to their needs and by failing to provide community service options for the 1400 people on waiting lists at risk of institutionalization. Read more
U.S. v. Arkansas – 4:09-CV-00033 – (E.D. AR 2009) - The United States filed a complaint on January 16, 2009, against the State of Arkansas and Arkansas officials alleging violations of the ADA, the U.S. Constitution, and the Individuals with Disabilities Education Act at the State's Conway Human Development Center for failing to provide services to facility residents in the most integrated setting appropriate to their needs; subjecting them to unconstitutional conditions; and depriving them of a free appropriate public education in the least restrictive environment. Read more
Hiltibran v. Levy – 10-CV-4185 – (W.D. MO 2010) - In a suit brought by individuals who need incontinence supplies to live in the community, the United States filed a Statement of Interest in Support of Plaintiffs' Motion for Preliminary Injunction, requesting that the Court order the State to provide the Medicaid-funded incontinence supplies to individuals who need those supplies to prevent their placing in nursing facilities. Read more
Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington
Lane v. Kitzhaber – 12-CV-00138 – (D. OR 2012)
On March 27, 2013, the United States filed a Motion to Intervene in a pending class action lawsuit against the State of Oregon. The United States' accompanying Complaint in Intervention alleges violations of Title II of the ADA and Section 504 of the Rehabilitation Act for unnecessarily segregating individuals with intellectual and developmental disabilities in sheltered workshops when they could be served in integrated employment settings. Read more
DOJ Findings Letter to Oregon (2012)
The United States issued a Findings Letter in June 2012 concluding that Oregon is violating the ADA's integration mandate in its provision of employment and vocational services. After an extensive investigation, the Department found that the State of Oregon plans, structures, and administers its system of providing employment and vocational services to individuals with intellectual and developmental disabilities in a manner that delivers such services primarily in segregated sheltered workshops rather than in integrated community employment settings, causing the unnecessary segregation of individuals in sheltered workshops that are capable of, and not opposed to, receiving employment services in the community. Read More
Katie A. v. Douglas – CV-02-05662 AHM (SHX) – (C.D. CA 2011) (Formerly Katie A. v. Bonta) - On November 18, 2011, Comments of the United States in Support of Final Approval of the Proposed Settlement Agreement were filed in support of the parties' agreement to the manner in which the State will provide an array of intensive, community-based mental health services to Medi-Cal eligible foster children or children at-risk of entry into the foster-care system. Read more
Darling v. Douglas – 09-CV-3798 – (N.D. CA 2009) (Formerly Cota v. Maxwell-Jolly) - The United States filed a Statement of Interest on July 12, 2011 and October 31, 2011 in support of Plaintiffs' challenge to the manner in which the State plans to eliminate the Adult Day Health Care (ADHC) service, which enables elderly individuals and individuals with physical and mental disabilities to live in the community and avoid hospitalization and institutionalization. Read more
Oster, et al. v. Wagner – 09-17581 – (9th Cir. 2009) - 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
Napper v. County of Sacramento – 10-CV-01119 – (E.D. CA 2010) - Individuals with mental illness brought suit against the County of Sacramento for failing to provide adequate community-based services, which placed them at risk of institutionalization. Read more
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. Read more
Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming
Alabama, Florida, Georgia
T.H. et al. v. Dudek et al., 0:12-cv-60460-WJZ (S.D. Fla. 2012)
On April 10, 2013, the United States filed a Statement of Interest opposing
Florida officials' Motion to Dismiss, and in support of plaintiffs' Motion for
Class Certification. The plaintiffs' complaint alleges that the State of
Florida unnecessarily institutionalizes Medicaid-eligible children who are
medically fragile in nursing facilities, or places them at risk of
institutionalization, by limiting access to medically necessary services in the
community, in violation of the ADA, Section 504 of the Rehabilitation Act, and
the Early and Periodic Screening, Diagnosis and Treatment ("EPSDT") provisions
of the Medicaid Act. The complaint also alleges that Florida has violated
the Pre-Admission Screening and Resident Review ("PASRR") provisions of the Nursing
Home Reform Amendments to the Medicaid Act by failing to fully evaluate
children before admitting them to nursing facilities. The United States
previously filed a Statement of Interest opposing a prior motion to dismiss in
June 2012.
Read More
Hunter v. Cook, 1:08-cv-02930-TWT (N.D. Ga. 2013)
The United States filed a Statement of Interest in Hunter v. Cook, in opposition to the state of Georgia's argument that serious risk of institutionalization is not a viable claim under Title II of the ADA. Read More
DOJ Findings Letter to Florida (September 2012)
The United States issued a Findings Letter in September 2012 concluding that Florida is violating the ADA's integration mandate in its provision of services and supports to children with medically complex and medically fragile conditions. After a comprehensive investigation, the Department found that the State of Florida plans, structures, and administers a system of care that has led to the unnecessary institutionalization of children in nursing facilities and places children currently residing in the community at risk of unnecessary institutionalization. Read More
Georgia Advocacy Office v. Shelp, 1:09-cv-2880-CAP - The United States filed a Statement of Interest on June 25, 2010 to address the issue of access to institutions and records granted to Protection and Advocacy systems pursuant to the P&A acts. Read more
Haddad v. Arnold – 10-CV-414 – (M.D. FL 2010) - Michelle Haddad successfully sought a preliminary injunction enjoining the State of Florida from denying her the home and community-based services available under its Traumatic Brain Injury/Spinal Cord Injury Medicaid Waiver. Read more
Jones v. Arnold – 09-CV-1170 – (M.D. FL 2010) - Plaintiffs challenge the State's failure to fund appropriate Medicaid community services for individuals with spinal cord injury, which places plaintiffs at risk of institutionalization in violation of Olmstead. Read more
Cruz v. Dudek – 1:10-CV-23048 – (S.D. FL 2010) - Luis Cruz and Nigel de la Torre successfully sought a preliminary injunction enjoining the State of Florida from denying them the home and community-based services available under its Traumatic Brain Injury/Spinal Cord Injury Medicaid Waiver. Read more
Knipp v. Perdue – 10-CV-2850 – (N.D. GA 2010) - In October 2010, the United States filed a brief in support of Plaintiffs' challenge to the State's plan to eliminate services for individuals with mental illness without offering sufficient alternative support services that are necessary to prevent Plaintiffs' hospitalization and institutionalization. Read more
Boyd v. Mullins -- 2:10-CV-688 – (M.D. AL 2010) - Jonathon Paul Boyd, a 34-year-old with quadriplegia who is currently living in a nursing home but desires and is able to receive services in a more integrated setting, alleges that the State of Alabama violates Title II of the ADA by administering its Medicaid program in a manner that causes Mr. Boyd to be unnecessarily institutionalized in a nursing facility. Read more
U.S. v. Georgia – 10-CV-249 – (N.D. GA 2010) - On October 19, 2010, the DOJ entered into a comprehensive Settlement Agreement with the State of Georgia and Georgia officials, resolving the United States' complaint alleging that individuals with mental illness and developmental disabilities confined in State hospitals were unnecessarily institutionalized and subjected to unconstitutional harm to their lives, health, and safety in violation of the ADA and the U.S. Constitution. Read more
Long v. Benson – 08-16261 – (11th Cir. 2009) (related to Lee v. Dudek) - Clayton Griffin—a member of the class in Lee v. Dudek and who is partially paralyzed—successfully sought a preliminary injunction requiring the State of Florida to provide him with community-based services through the State's Medicaid program, instead of requiring him to remain in a nursing home in order to receive needed services. Read more
Lee v. Dudek – 08-CV-26 – (N.D. FL 2008) - This class of plaintiffs—consisting of all Medicaid-eligible adults with disabilities who currently, or at any time during the litigation, are unnecessarily confined to a nursing facility and desire to and are capable of residing in the community—claims that the State of Florida's refusal to provide services in the community to these individuals violates the ADA's integration mandate. Read more
Washington, DC
Day et al. v. District of Columbia et al., 1:10-cv-02250-ESH (D.D.C. 2010) - The United States filed a Statement of Interest on October 3, 2011 opposing the Defendants' Motion to Dismiss or in the Alternative, for Summary Judgment. The pending lawsuit alleges that the District of Columbia violates the ADA and Section 504 of the Rehabilitation Act by unnecessarily segregating individuals with disabilities in nursing facilities. Read more