Case: Colbert v. Blagojevich

1:07-cv-04737 | U.S. District Court for the Northern District of Illinois

Filed Date: Aug. 22, 2007

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 22, 2007, individuals with disabilities filed a lawsuit under the Americans with Disabilities Act (ADA), the Social Security Act, the Rehabilitation Act, and the Nursing Care Reform Act, against various Illinois state officials in the United States District Court for the Northern District of Illinois. Plaintiffs, represented by private and public interest counsel, asked the court for declaratory and injunctive relief, claiming that they were institutionalized in a nursing facility ev…

On August 22, 2007, individuals with disabilities filed a lawsuit under the Americans with Disabilities Act (ADA), the Social Security Act, the Rehabilitation Act, and the Nursing Care Reform Act, against various Illinois state officials in the United States District Court for the Northern District of Illinois. Plaintiffs, represented by private and public interest counsel, asked the court for declaratory and injunctive relief, claiming that they were institutionalized in a nursing facility even though they were capable of living in a more community-integrated setting with appropriate services. Plaintiffs claimed that Defendants conditioned receipt of long-term care on remaining in an institutionalized setting, even though it would be less expensive for Plaintiffs to receive appropriate care in the community.

The Court (Judge Joan H. Lefkow) certified a class as: "all Medicaid-eligible adults with disabilities in Cook County, Illinois, who are being, or may in the future be, unnecessarily confined to nursing facilities and who, with appropriate supports and services, may be able to live in a community setting." 71 Fed.R.Serv.3d 1089.

At a status hearing on January 7, 2011, the parties advised Magistrate Judge Maria Valdez that they could conclude settlement discussions without further assistance from the court.

On Aug. 29, 2011, the parties jointly moved for the court to approve the consent decree they had agreed upon. The court held a fairness hearing on Dec. 20, 2011, and ultimately accepted the decree.

The consent decree established benchmarks for moving specific numbers of class members out of nursing facilities and into community-based settings. Over the course of the first two-and-a-half years, the decree compelled the state to move 1,100 class members into the community. It also required the state to provide up to $10 million in housing assistance to support the first group of transitioned adults. The decree also compelled the state to develop services needed to adequately support class members who choose to live in the community. It established a monitor to ensure compliance with the decree, and granted $1.2 million in attorneys' fees.

The court approved an updated plan following the parties' cross-motion to enter into a cost-neutral plan and supplement and amend the December 2011 consent decree on November 16, 2016. The plan included the transition of class members into community-based settings, and continued evaluations and service plans for the class members. The court retained jurisdiction to oversee the full implementation of the plan. The court approved an updated plan on April 5, 2018. Monitoring by the court appointed monitor (Gail P. Hutchings) is ongoing as of May 20, 2020.

Summary Authors

Haley Waller (2/21/2011)

Andrew Junker (10/23/2014)

Elizabeth Heise (11/20/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5471839/parties/colbert-v-pritzker/


Judge(s)

Lefkow, Joan Humphrey (Illinois)

Pallmeyer, Rebecca R. (Illinois)

Attorneys(s) for Plaintiff

Barry, Angela Mary (Illinois)

Borowicz, Kim (Illinois)

Braganca, Celiza (Illinois)

Curkovic, David I. (Illinois)

Fahey, Halli Joan (Illinois)

Gold, Stephen F. (Pennsylvania)

Lapertosa, Max (Pennsylvania)

Libowsky, Stephen D. (Illinois)

Judge(s)

Lefkow, Joan Humphrey (Illinois)

Pallmeyer, Rebecca R. (Illinois)

Attorneys(s) for Plaintiff

Barry, Angela Mary (Illinois)

Borowicz, Kim (Illinois)

Braganca, Celiza (Illinois)

Curkovic, David I. (Illinois)

Fahey, Halli Joan (Illinois)

Gold, Stephen F. (Pennsylvania)

Lapertosa, Max (Pennsylvania)

Libowsky, Stephen D. (Illinois)

Mullen, Edward B. III (Illinois)

Ripley, Regina A. (Illinois)

Stewart, Claire E.W. (Illinois)

Taylor, Barry Charlton (Illinois)

Walden, Kenneth M. (Illinois)

Ward, Karen I. (Illinois)

Werner, Patricia A. (Illinois)

Wolf, Benjamin S. (Illinois)

Zollner, Daniel J. (Illinois)

Attorneys(s) for Defendant

Dryjanski, Andrew L. (Illinois)

Koch, Peter Chadwell (Illinois)

Koenig, Ray J. III (Illinois)

Konieczny, Karen (Illinois)

Madigan, Lisa (Illinois)

Maine, Meghan (Illinois)

Moore, Rachel Jana (Illinois)

Peck, Kerry R. (Illinois)

Rees, R. Douglas (Illinois)

Ritchey, Timothy J. (Illinois)

Shin, Shannon Young (Illinois)

Stevens, Gladys M. (Illinois)

Stratton, Brent Douglas (Illinois)

Expert/Monitor/Master

Hutchings, Gail P. (Virginia)

Documents in the Clearinghouse

Document

1:07-cv-04737

Docket [PACER]

Colbert v. Rauner

Nov. 27, 2018

Nov. 27, 2018

Docket
1

1:07-cv-04737

COMPLAINT

Aug. 22, 2007

Aug. 22, 2007

Complaint
10

1:07-cv-04737

MEMORANDUM IN SUPPORT OF PLAINTIFFS’ MOTION TO MAINTAIN A CLASS ACTION

Aug. 30, 2007

Aug. 30, 2007

Pleading / Motion / Brief
65

1:07-cv-04737

DEFENDANTS’ JOINT MEMORANDUM IN OPPOSITION TO PLAINTIFFS’ MOTION TO MAINTAIN A CLASS ACTION

April 14, 2008

April 14, 2008

Pleading / Motion / Brief
68

1:07-cv-04737

PLAINTIFFS’ REPLY MEMORANDUM IN SUPPORT OF MOTION TO MAINTAIN A CLASS ACTION

April 28, 2008

April 28, 2008

Pleading / Motion / Brief
77

1:07-cv-04737

MEMORANDUM OPINION AND ORDER

Sept. 29, 2008

Sept. 29, 2008

Order/Opinion
139

1:07-cv-04737

FIRST AMENDED COMPLAINT

Sept. 29, 2009

Sept. 29, 2009

Complaint
162

1:07-cv-04737

JOINT STATUS REPORT

June 7, 2010

June 7, 2010

Pleading / Motion / Brief
196-1

1:07-cv-04737

Consent Decree

Colbert v. Quinn

Aug. 29, 2011

Aug. 29, 2011

Settlement Agreement
210

1:07-cv-04737

Order [approving consent decree and consent decree]

Colbert v. Quinn

Dec. 21, 2011

Dec. 21, 2011

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5471839/colbert-v-pritzker/

Last updated Jan. 22, 2023, 3:26 a.m.

ECF Number Description Date Link Date / Link
77

MEMORANDUM Opinion and Order Signed by the Honorable Joan H. Lefkow on 9/29/2008:Mailed notice(mad, )

Sept. 29, 2008

Sept. 29, 2008

RECAP
211

MOTION by Plaintiff Lenil Colbert for judgment Agreed Motion for Entry of Judgment (Attachments: # 1 Text of Proposed Order)(Braganca, Celiza)

1 Text of Proposed Order

View on PACER

Jan. 5, 2012

Jan. 5, 2012

RECAP
212

MOTION by Plaintiff Lenil Colbert for judgment Notice of Agreed Motion for Entry of Judgment (Braganca, Celiza)

Jan. 5, 2012

Jan. 5, 2012

RECAP
330

Order

May 23, 2018

May 23, 2018

PACER
335

Extension of Time

July 13, 2018

July 13, 2018

PACER
337

Order on Motion for Extension of Time

July 25, 2018

July 25, 2018

PACER
353

Withdraw as Attorney

June 3, 2019

June 3, 2019

PACER
356

Order on Motion to Withdraw as Attorney

June 4, 2019

June 4, 2019

PACER
366

Order

Dec. 10, 2019

Dec. 10, 2019

PACER
413

Substitute Attorney

Oct. 21, 2021

Oct. 21, 2021

PACER
414

Order on Motion to Substitute Attorney

Oct. 22, 2021

Oct. 22, 2021

PACER
415

Withdraw as Attorney

Oct. 22, 2021

Oct. 22, 2021

PACER
416

Order on Motion to Withdraw as Attorney

Oct. 25, 2021

Oct. 25, 2021

PACER
431

Miscellaneous Relief

May 27, 2022

May 27, 2022

PACER
432

Order AND Order on Motion for Miscellaneous Relief

May 31, 2022

May 31, 2022

PACER
439

Order

July 20, 2022

July 20, 2022

PACER
442

Miscellaneous Relief

Aug. 12, 2022

Aug. 12, 2022

PACER
443

Order on Motion for Miscellaneous Relief

Aug. 15, 2022

Aug. 15, 2022

PACER
445

RESPONSE by Defendant JB Pritzker to objections 441 to Defendants' FY23 Implementation Plan (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Stratton, Brent) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
446

MOTION by Plaintiff Lenil Colbert to seal document Motion to Seal Exhibit (Libowsky, Stephen) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

PACER
447

REPLY by Plaintiff Lenil Colbert to motion to seal document 446 Class Plaintiffs' Reply in Further Support of Their Objection to Defendants' FY2023 Implementation Plan (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4 (filed under seal))(Libowsky, Stephen) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

PACER
448

SEALED EXHIBIT by Plaintiff Lenil Colbert Ex 4 to Class Plaintiffs' Reply in Further Support of Their Objection to Defendants' FY2023 Implementation Plan regarding reply, 447 (Libowsky, Stephen) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

PACER
449

Order on Motion to Seal Document

Sept. 14, 2022

Sept. 14, 2022

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 22, 2007

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All Medicaid-eligible adults with disabilities in Cook County, Illinois, who are being, or may in the future be, unnecessarily confined to nursing facilities and who, with appropriate supports and services, may be able to live in a community setting

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Governor of the State of Illinois, State

Secretary of the Illinois Department of Human Services, State

Director of the Illinois Department of Healthcare and Family Services, State

Director of the Illinois Deparment of Public Health, State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Nursing Care Reform Act of 1987/ Omnibus Reconciliation Act

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

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

Available 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: 2011 - None

Content of Injunction:

Reasonable Accommodation

Monitor/Master

Monitoring

Issues

General:

Habilitation (training/treatment)

Housing

Payment for care

Reasonable Accommodations

Rehabilitation

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Type of Facility:

Non-government for-profit

Benefit Source:

Medicaid