Filed Date: Aug. 22, 2007
Case Ongoing
Clearinghouse coding complete
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)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5471839/parties/colbert-v-pritzker/
Lefkow, Joan Humphrey (Illinois)
Pallmeyer, Rebecca R. (Illinois)
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)
Lefkow, Joan Humphrey (Illinois)
Pallmeyer, Rebecca R. (Illinois)
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)
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)
Hutchings, Gail P. (Virginia)
See docket on RECAP: https://www.courtlistener.com/docket/5471839/colbert-v-pritzker/
Last updated April 29, 2023, 3:06 a.m.
State / Territory: Illinois
Case Type(s):
Public Benefits/Government Services
Special Collection(s):
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):
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
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):
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:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 2011 - None
Content of Injunction:
Issues
General:
Habilitation (training/treatment)
Discrimination-area:
Discrimination-basis:
Disability (inc. reasonable accommodations)
Disability:
Medical/Mental Health:
Type of Facility:
Benefit Source: