Case: Brown v. Tennessee Department of Finance and Administration

3:00-cv-00665 | U.S. District Court for the Middle District of Tennessee

Filed Date: July 13, 2000

Closed Date: Feb. 5, 2010

Clearinghouse coding complete

Case Summary

On July 13, 2000 a group of developmentally disabled individuals and two advocacy organizations filed suit against the Tennessee Department of Mental Health and Developmental Disabilities in the Federal District Court for the Middle District of Tennessee. On September 11, 2000 the Tennessee Department of Finance and Administration was substituted as the defendant. The plaintiffs claimed that the defendants were violating the Medicaid Act by denying them the opportunity to apply for community …

On July 13, 2000 a group of developmentally disabled individuals and two advocacy organizations filed suit against the Tennessee Department of Mental Health and Developmental Disabilities in the Federal District Court for the Middle District of Tennessee. On September 11, 2000 the Tennessee Department of Finance and Administration was substituted as the defendant. The plaintiffs claimed that the defendants were violating the Medicaid Act by denying them the opportunity to apply for community based treatment, by denying their applications for such treatment, or by placing them on long waitlists after approving the applications.

On April 30, 2001 the court (Judge Robert L. Echols) certified a class of all developmentally disabled residents of Tennessee who fell into one of the three categories in the complaint. On May 7, 2003 the court (Judge Echols) denied competing motions for summary judgment and on June 15, 2004 the court (Judge Echols) approved a settlement agreement between the parties. The settlement aimed to both reduce the period individuals spent on the waitlists and to provide interim services to those on the waitlist that better met their needs. The defendants agreed to provide additional slots for community based treatment and allocate additional funds in the first two years of the settlement agreement. They also agreed to develop a better case management program, reform the application process, and take other measures to alleviate the burdens of those on the waitlists. Specific measures for the final three years of the duration of the agreement were to be negotiated by the parties at a later date.

Disputes arose regarding whether the defendant was in compliance with the settlement and as to whether the settlement should be vacated because of a change in Sixth Circuit law. The court (Judge Echols) denied the defendants' motion to vacate the settlement and dismiss the case on September 12, 2007 and denied the plaintiffs' motion for specific performance on July 8, 2008. The defendants appealed and on March 9, 2009 the Sixth Circuit Court of Appeals (Judges Martin, Rogers, and Sutton) reversed and remanded for reconsideration.

Negotiations regarding specific provisions related to additional funding for community based treatment slots for the final three years of the settlement also reached an impasse. On July 24, 2009 the court (Judge Echols) vacated the settlement as to the provision regarding provider network capacity and granted the defendants summary judgment on the remaining issues in dispute. The case was closed on February 5, 2010 after the settlement agreement expired.

Summary Authors

Michael Perry (3/6/2011)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4704734/parties/brown-v-finance-administration-tennessee-department-of/


Judge(s)

Bryant, John S. (Tennessee)

Echols, Robert L. (Tennessee)

Attorneys(s) for Plaintiff

Buchanan, Gary (Tennessee)

Chastain, Parks T. (Tennessee)

Garrett, J. Page (Tennessee)

Housepian, Gary D. (Tennessee)

Krause, Kent Ellis (Tennessee)

Lafferty, Martha M. (Tennessee)

Michelle, Suzanne (Tennessee)

Wilds, Sherry A. (Tennessee)

Judge(s)

Bryant, John S. (Tennessee)

Echols, Robert L. (Tennessee)

Attorneys(s) for Plaintiff

Buchanan, Gary (Tennessee)

Chastain, Parks T. (Tennessee)

Garrett, J. Page (Tennessee)

Housepian, Gary D. (Tennessee)

Krause, Kent Ellis (Tennessee)

Lafferty, Martha M. (Tennessee)

Michelle, Suzanne (Tennessee)

Wilds, Sherry A. (Tennessee)

Attorneys(s) for Defendant

Cooper, Charles Justin (District of Columbia)

Dycus, Dianne Stanley (Tennessee)

Kirk, Michael W. (District of Columbia)

Koukoutchos, Brian Stuart (District of Columbia)

Other Attorney(s)

Barrick, William M. (Tennessee)

Hubbard, William B. (Tennessee)

Expert/Monitor/Master

Martin, Boyce Ficklen Jr. (Kentucky)

Documents in the Clearinghouse

Document

3:00-cv-00665

Docket [PACER]

Brown v. Tennessee Department of Finance & Administration

May 29, 2009

May 29, 2009

Docket
166-1

3:00-cv-00665

Settlement Agreement

June 15, 2004

June 15, 2004

Settlement Agreement
134

3:00-cv-00665

Order

Brown v. Tennessee Department of Mental Health and Developmental Disabilities

July 1, 2006

July 1, 2006

Order/Opinion
181

3:00-cv-00665

Order

April 13, 2007

April 13, 2007

Order/Opinion
181

3:00-cv-00665

Order

April 13, 2007

April 13, 2007

Order/Opinion
200

3:00-cv-00665

Order

Sept. 12, 2007

Sept. 12, 2007

Order/Opinion
199

3:00-cv-00665

Memorandum

2007 WL 2710704

Sept. 12, 2007

Sept. 12, 2007

Order/Opinion
247

3:00-cv-00665

07-06163

07-06325

Order

Brown v. Tennessee Department of Finance

U. S. Court of Appeals for the Sixth Circuit

Feb. 11, 2008

Feb. 11, 2008

Order/Opinion

3:00-cv-00665

Memorandum [Denying Motion for Motion for an Order for Specific Performance for Non-Compliance with Settlement Agreement]

Brown v. Tennessee Department of Finance

2008 WL 2704362, 2008 U.S.Dist.LEXIS 52806

July 8, 2008

July 8, 2008

Order/Opinion
282

3:00-cv-00665

Memorandum

2009 WL 211143

Jan. 26, 2009

Jan. 26, 2009

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4704734/brown-v-finance-administration-tennessee-department-of/

Last updated Aug. 13, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
199

MEMORANDUM AND OPINION. Signed by Judge Robert Echols on 9/12/07. (dt)

Sept. 12, 2007

Sept. 12, 2007

RECAP
250

MEMORANDUM AND OPINION. Signed by Senior Judge Robert Echols on 7/8/08. (dt)

July 8, 2008

July 8, 2008

RECAP
251

ORDER: In accordance with the Memorandum entered contemporaneously herewith, Plaintiffs' Second Amended Motion For An Order For Specific Performance For Non-Compliance With Settlement Agreement 218 is hereby DENIED. Signed by Senior Judge Robert Echols on 7/8/08. (dt)

July 8, 2008

July 8, 2008

RECAP
282

MEMORANDUM. Signed by Senior Judge Robert Echols on 1/26/09. (dt)

Jan. 26, 2009

Jan. 26, 2009

RECAP
298

ORDER: Plaintiffs' Motion to Strike 296 is Granted. For these reasons, the Court will not entertain Defendant's Renewed Motion with its accompanying Memorandum and documents, (Docket Entry No. 295 & 295-1 through 295-4) andthe Clerk is directed to strike the entries from the record. Signed by Senior Judge Robert Echols on 5/13/09. (dt)

May 13, 2009

May 13, 2009

RECAP
302

MEMORANDUM. Signed by Senior Judge Robert Echols on 7/24/09. (dt)

July 24, 2009

July 24, 2009

RECAP
303

ORDER: In accordance with the Memorandum entered contemporaneously herewith, the Court rules as follows: Defendants' Motion To Vacate The Agreed Order Approving The Settlement Agreement And To Dismiss The Case 155 is hereby GRANTED, but only t o the extent that Defendants need no longer honor their commitment in the Settlement Agreement to develop "provider network capacity" or any commitment they arguably made to eliminate a waiting list for services by 12/31/2009, as determined by the Sixth Circuit in Brown v. Tennessee Dept. of Finance and Admin., 561 F.3d 542 (6th Cir. 2009). The motion is hereby DENIED in all other respects. Defendants' Motion for Summary Judgment 266 is Granted. Plaintiffs' Motion for Summary Judgment 269 is Denied. Signed by Senior Judge Robert Echols on 7/24/09. (dt)

July 24, 2009

July 24, 2009

RECAP
306

ORDER: The Settlement Agreement approved by the Court on 6/17/2004, apparently expired by its terms on 12/31/2009, since no written motion was filed to continue the Settlement Agreement pursuant to Section XII.B of the Settlement Agreement. No other motions are pending in the case. Accordingly, the Clerk is hereby directed to close the case administratively. Signed by Senior Judge Robert Echols on 2/5/10. (dt)

Feb. 5, 2010

Feb. 5, 2010

RECAP

Case Details

State / Territory: Tennessee

Case Type(s):

Mental Health (Facility)

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: July 13, 2000

Closing Date: Feb. 5, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are individuals with developmental disabilities who are not able to obtain services in the community through Tennessee's Home and Community Based Services Medicaid waiver.

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Tennessee Department of Finance and Administration, State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2004 - 2010

Content of Injunction:

Discrimination Prohibition

Preliminary relief denied

Reasonable Accommodation

Issues

General:

Deinstitutionalization/decarceration

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Wait lists

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Benefit Source:

Medicaid