Case: Tessa G. v. Arkansas Department of Human Services

4:03-cv-00493 | U.S. District Court for the Eastern District of Arkansas

Filed Date: June 25, 2003

Closed Date: 2003

Clearinghouse coding complete

Case Summary

On June 25, 2003, a lawsuit was filed on behalf of a five-year old developmentally disabled girl under 42 U.S.C. § 1983 and 42 U.S.C. § 1396 (Title XIX of the Social Security Act, "The Medicaid Act") against the Arkansas Department of Human Services (ADHS) in the United States District Court for the Eastern District of Arkansas. The plaintiff, represented by private counsel, asked the court for injunctive relief, claiming that ADHS was not in compliance with the Medicaid Act. Specifically, Pl…

On June 25, 2003, a lawsuit was filed on behalf of a five-year old developmentally disabled girl under 42 U.S.C. § 1983 and 42 U.S.C. § 1396 (Title XIX of the Social Security Act, "The Medicaid Act") against the Arkansas Department of Human Services (ADHS) in the United States District Court for the Eastern District of Arkansas. The plaintiff, represented by private counsel, asked the court for injunctive relief, claiming that ADHS was not in compliance with the Medicaid Act. Specifically, Plaintiff claimed that her rights were violated when ADHS refused to provide her father with an enrollment application for community-based services and instead placed her on a waitlist for an indefinite time period.

Arkansas participates in Medicaid, and ADHS is the state agency charged with the administration of the Medicaid program in Arkansas. Arkansas provides services for developmentally disabled individuals in intermediate care facilities; alternatively, Arkansas also chose to provide home and community based services for developmentally disabled individuals (known as the Alternative Community Services Medicaid Waiver Program, or "ACS").

Plaintiff was a five-year-old girl with developmental and physical disabilities resulting from Down syndrome. Plaintiff's father wished to enroll her in the ACS program and requested an enrollment application in November of 2002; instead of providing an application, ADHS required Plaintiff to complete a client choice form. ADHS put Plaintiff on a wait list at number 2285 for an indefinite period of time even though there were almost 1,000 empty slots under the ACS program. Plaintiff alleged that ADHS had taken similar actions in response to other requests for ACS services.

Defendants filed an answer on July 17, 2003.

During a hearing held on August 14, 2003, Defendants agreed to provide Plaintiff with an application for ACS services. Because that was the primary relief sought by Plaintiff in her Complaint, the Court (Judge G. Thomas Eisele) dismissed the case without prejudice and stated that it considered Plaintiff to be a prevailing party.

On September 22, 2003, the Court issued an order awarding attorney's fees and costs. Rejecting Plaintiff's request for more than $26,000 because it was excessive in light of the relief obtained, the Court awarded Plaintiff $16,500 in attorney's fees, and $150 in costs.

There has been no further action in the case, and it has been closed.

Summary Authors

Haley Waller (1/16/2011)

People


Judge(s)

Eisele, Garnett Thomas (Arkansas)

Attorneys(s) for Plaintiff

Bowen, Martin W. (Arkansas)

Attorneys(s) for Defendant

Beebe, Mike (Arkansas)

Hagemeier, Mark Arnold (Arkansas)

Hopkins, Breck G. (Arkansas)

Judge(s)

Eisele, Garnett Thomas (Arkansas)

Attorneys(s) for Plaintiff

Bowen, Martin W. (Arkansas)

Attorneys(s) for Defendant

Beebe, Mike (Arkansas)

Hagemeier, Mark Arnold (Arkansas)

Hopkins, Breck G. (Arkansas)

Documents in the Clearinghouse

Document

4:03-cv-00493

Docket

Sept. 22, 2003

Sept. 22, 2003

Docket
1

4:03-cv-00493

COMPLAINT

Tessa G. v. Arkansas Department of Human Rights

June 25, 2003

June 25, 2003

Complaint
3

4:03-cv-00493

BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTIVE RELIEF

June 25, 2003

June 25, 2003

Pleading / Motion / Brief
5

4:03-cv-00493

BRIEF IN SUPPORT OF DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

July 7, 2003

July 7, 2003

Pleading / Motion / Brief
7

4:03-cv-00493

ANSWER

July 17, 2003

July 17, 2003

Pleading / Motion / Brief
8

4:03-cv-00493

REPLY TO RESPONSE TO MOTION FOR PRELIMINARY INJUNCTIVE RELIEF

July 29, 2003

July 29, 2003

Pleading / Motion / Brief
9

4:03-cv-00493

DEFENDANTS’ SURREPLY TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

Aug. 7, 2003

Aug. 7, 2003

Pleading / Motion / Brief
10

4:02-cv-00493

ORDER OF DISMISSAL WITHOUT PREJUDICE (of Motion for Preminiary Injunction)

Aug. 14, 2003

Aug. 14, 2003

Order/Opinion
16

4:03-cv-00493

ORDER AWARDING ATTORNEY'S FEES & COSTS

Sept. 22, 2003

Sept. 22, 2003

Order/Opinion

Resources

Docket

Last updated July 22, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with jury demand; summons issued and returned to attorney; filing fee of $150.00 pd, receipt #108379 (kjp) (Entered: 06/25/2003)

June 25, 2003

June 25, 2003

2

MOTION by pltf for preliminary injunctive relief (kjp) Modified on 06/27/2003 (Entered: 06/25/2003)

June 25, 2003

June 25, 2003

3

BRIEF by plaintiff in support of motion for preliminary injunctive relief [2−1] (kjp) (Entered: 06/25/2003)

June 25, 2003

June 25, 2003

4

RESPONSE by defts to motion for preliminary injunctive relief [2−1] (rjh) (Entered: 07/08/2003)

July 7, 2003

July 7, 2003

5

BRIEF in support of defts' response to pltf's motion for preliminary injunction [4−1] (rjh) (Entered: 07/08/2003)

July 7, 2003

July 7, 2003

6

INITIAL SCHEDULING ORDER (DOC/CW); Rule 26(f) conf to be held on or before 9/15/03; Rule 26(f) rpt to be filed on or before 9/29/03; Rule 16(b) telephone conf to be scheduled if needed; proposed trial date is 2/23/04 (cc: all counsel) (rjh) (Entered: 07/15/2003)

July 15, 2003

July 15, 2003

7

ANSWER by defts (rjh) (Entered: 07/21/2003)

July 17, 2003

July 17, 2003

8

REPLY by pltf to response to motion for preliminary injunctive relief [2−1] (exhb attached) (rjh) (Entered: 07/30/2003)

July 29, 2003

July 29, 2003

9

SURREPLY by defts to pltf's motion for preliminary injunction [8−1] [4−1] [2−1] (rjh) (Entered: 08/07/2003)

Aug. 7, 2003

Aug. 7, 2003

CLERK'S MINUTES: HEARING on motion for preliminary injunction before Judge G. Thomas Eisele. Parties argue issues and then Deft. agrees to provide Plaintiff with application. Court finds issue moot due to Deft.'s agreement to provide application. (Court reporter, Elaine Hinson) (cjw) (Entered: 08/14/2003)

Aug. 14, 2003

Aug. 14, 2003

10

ORDER OF DISMISSAL W/O PREJ by Judge G. T. Eisele finding the mot for preliminary injunctive relief [2−1] moot based on defts' voluntary action during the hearing on pltf's mot for preliminary injunctive relief; Court considers pltf to be prevailing party; pltf's complaint is dism w/o prej; terminating case (cc: all counsel) (rjh) (Entered: 08/15/2003)

Aug. 14, 2003

Aug. 14, 2003

11

MOTION by plaintiff for costs and for attorney fees (rjh) (Entered: 08/28/2003)

Aug. 27, 2003

Aug. 27, 2003

12

BRIEF by plaintiff in support of motion for costs [11−1] and attorney fees [11−2] (rjh) (Entered: 08/28/2003)

Aug. 27, 2003

Aug. 27, 2003

13

RESPONSE by Arkansas Human Svc and James Green to motion for costs [11−1] and for attorney fees [11−2] (lej) (Entered: 09/10/2003)

Sept. 9, 2003

Sept. 9, 2003

14

BRIEF by Arkansas Human Svc and James Green in support of motion response [13−1] (lej) (Entered: 09/10/2003)

Sept. 9, 2003

Sept. 9, 2003

15

REPLY by plaintiff to response to motion for costs [11−1] and for attorney fees [11−2] (lej) (Entered: 09/17/2003)

Sept. 17, 2003

Sept. 17, 2003

16

ORDER by Judge G. T. Eisele for the reasons stated herein, pltf's motion for costs [11−1] &for atty fees [11−2] is granted in part &denied in part; pltf is awarded costs in the amt of $150.00 &atty fees in the amt of $16,500.00 (cc: all counsel)

Sept. 22, 2003

Sept. 22, 2003

Case Details

State / Territory: Arkansas

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: June 25, 2003

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A young girl with developmental disabilities who wished to enroll in home/community-based Medicaid services.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Arkansas Department of Human Services, State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Benefit Source:

Medicaid