Case: Mandy R. v. Owens

1:00-cv-01609 | U.S. District Court for the District of Colorado

Filed Date: Aug. 14, 2000

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On August 14, 2000, parents and guardians of developmentally disabled persons on waiting lists for comprehensive residential services filed a lawsuit under 42 U.S.C. § 1983 against the governor of Colorado and two other state officials in the United States District Court for the District of Colorado. Plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, claiming that the State violated the Federal Medicaid Act by failing to provide the developmental…

On August 14, 2000, parents and guardians of developmentally disabled persons on waiting lists for comprehensive residential services filed a lawsuit under 42 U.S.C. § 1983 against the governor of Colorado and two other state officials in the United States District Court for the District of Colorado. Plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, claiming that the State violated the Federal Medicaid Act by failing to provide the developmentally disabled with comprehensive residential services that meet the statutory requirements of reasonable promptness and comparability.

On February 28, 2005, the Court (Judge Richard P. Matsch) dismissed Plaintiffs' claims and ordered judgment to be entered for Defendants.

On September 21, 2006, the Tenth Circuit Court of Appeals (Honorable Michael W. McConnell) affirmed the District Court's judgment for defendants and held that "reasonable promptness and comparability requirements do not require the State to provide services, and that neither recipients nor providers have a private right to enforce the sufficient payments requirement through § 1983." R. v. Owens, 464 F.3d 1139 (10th Cir. 2006).

On March 26, 2007, according to a letter from the 10th Circuit Clerk, the U.S. Supreme Court denied the plaintiffs' petition for writ of certorari.

Summary Authors

Haley Waller (2/11/2011)

People


Judge(s)

Baldock, Bobby Ray (New Mexico)

McConnell, Michael W. (Utah)

Murphy, Michael R. (Minnesota)

Attorneys(s) for Plaintiff

Westfall, Richard A. (Colorado)

Judge(s)

Baldock, Bobby Ray (New Mexico)

McConnell, Michael W. (Utah)

Murphy, Michael R. (Minnesota)

Attorneys(s) for Plaintiff

Westfall, Richard A. (Colorado)

Documents in the Clearinghouse

Document

Docket

R. v. Owens

April 2, 2007 Docket

REPLY BRIEF OF COLORADO ASSOCIATION OF COMMUNITY CENTERED BOARDS

R. v. Owens

U. S. Court of Appeals for the Tenth Circuit

Nov. 25, 2005 Pleading / Motion / Brief

Opinion (10th Circuit) affirming District Court judgment in favor of defendants

R. v. Owens

U. S. Court of Appeals for the Tenth Circuit

464 F.3d 1139

Sept. 21, 2006 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Colorado

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Aug. 14, 2000

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Developmentally disabled adults on waiting lists for comprehensive services.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Bill (I) Owens, State

Marva Hammons, State

James T. Rizzuto, State

Colorado Department of Human Services, State

Colorado Department of Health Care Policy and Financing, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Benefit Source:

Medicaid