What’s New
Lane v. Kitzhaber – 12-CV-00138 – (D. OR 2012)
On April 20, 2012, the United States filed a Statement of Interest in Support of Plaintiffs Regarding Defendants' Motion to Dismiss. The Plaintiffs’ complaint challenges the unnecessary segregation of individuals with intellectual and developmental disabilities in sheltered workshops. Read more
Lynn E. v. Lynch, 1:12-CV-53-LM (D. N.H. 2012)
The court recently granted the Justice Department’s motion to intervene in Lynn E. v. Lynch, a recently-filed 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. The suit alleges that as a result of the state’s failures, people with mental illness who need state mental health services are forced to go to segregated institutions like the New Hampshire Hospital in Concord, N.H., and the Glencliff Home in Benton, N.H. Read more
U.S. Motion to Intervene (Word) | (PDF)
U.S. Memo in Support of Motion to Intervene
(Word) | (PDF)U.S. Proposed Order on Intervention (Word) | (PDF)
U.S.Proposed Complaint (Word) | (PDF)
US Memorandum In Support of Plaintiffs’ Motion
for Class Certification (Word) | (PDF) - filed April 20, 2012
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 State of 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)
In a suit brought on behalf of approximately 45,000 individuals with disabilities who receive personal care services through Washington State's Medicaid program, the United States filed a Statement of Interest in Support of Plaintiffs' Motion for Preliminary Injunction in January 2011, which the District Court denied in February 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
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)
The United States filed a request to intervene in a pending lawsuit on June 22, 2011 against the State of Texas alleging violations of title II of the ADA and Section 504 of the Rehabilitation Act, for unnecessarily segregating individuals with developmental disabilities in nursing facilities. The United States is awaiting permission from the court to file its complaint in intervention. Prior to that filing, the United States filed a Statement of Interest opposing the Defendants' Motion to Dismiss and on November 30, 2011, the United States filed a Supplemental Statement of Interest in opposition to the Defendants' Motion to Dismiss the Plaintiffs' Amended Complaint.
United States Supplemental Statement of Interest in opposition to Defendants' Partial Motion to Dismiss Plaintiffs' Amended Complaint (Word) | (PDF) - filed November 30, 2011
United States' Reply in Support of Motion to Intervene in the Ongoing Lawsuit (Word) | (PDF) - filed August 4, 2011
Partial Consent Motion by the United States of America to Intervene and Memorandum in Support Thereof (Word) | (PDF) - filed June 22, 2011
Proposed U.S. Complaint in Intervention Alleging Violations of the ADA and Section 504 of the Rehabilitation Act (Word) | (PDF) - filed as an exhibit June 22, 2011
Statement of Interest of the United States Opposing the State's Motion to Dismiss (Word) | (PDF) - filed May 17, 2011