What’s New
Steward et. al. v. Perry et. al. 5:10-CV-1025 (W.D. TX 2010)
On September 20, 2012, the Court granted the United States' June 2011 request to intervene in a pending lawsuit 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.
Prior to requesting intervention, the United States filed a Statement of Interest on May 17, 2011 opposing the Defendants' Motion to Dismiss. While awaiting permission to intervene, the United States filed a Supplemental Statement of Interest on November 30, 2011 in opposition to the Defendants' Motion to Dismiss the Plaintiffs' Amended Complaint, and on September 10, 2012, filed a Statement of Interest in Support of Plaintiffs' Amended Motion for Class Certification. In its Statement of Interest in Support of Plaintiffs' Amended Motion for Class Certification, the United States urged the Court to uphold class certification for a plaintiff class of approximately 4,500 adults with developmental disabilities who are currently confined to nursing facilities and thousands more who are at risk of nursing facility placement.
Statement of Interest of the United States of America in Support of Plaintiffs' Amended Motion for Class Certification (Word) | (PDF) - filed September 10, 2012
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
Letter of Findings (Word) | (PDF) - issued September 5, 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.
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
Order Approving Consent Decree (HTML) | (PDF) - entered August 23, 2012
Settlement Agreement as Final Order (Word) | (PDF) - entered August 23, 2012
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
T.H. et al. v. Dudek et al., 0:12-cv-60460-WJZ (S.D. Fla. 2012)
On June 28, 2012, the United States filed a Statement of Interest opposing Florida officials’ Motion to Dismiss. 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. Read More
For the thirteenth anniversary of the Olmstead v. L.C. decision, Assistant Attorney General Thomas E. Perez testified before the Senate Committee on Health, Education, Labor, and Pensions on the Civil Rights Division’s enforcement of the ADA and Olmstead. To read AAG Perez's remarks, click here.
Faces of Olmstead: The personal stories of a few of the thousands of people whose lives have been improved by the Olmstead decision and the Department’s Olmstead enforcement work. Read More
Lane v. Kitzhaber – 12-CV-00138 – (D. OR 2012)
On June 18, 2012, the United States filed a Statement of Interest of the United States of America in Support of Plaintiffs’ Motion for Class Certification. In its Statement of Interest, the United States urged the Court to uphold class certification for a plaintiff class of thousands of individuals in, or referred to, Oregon 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
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)