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 attorneys, see: https://www.courtlistener.com/docket/5471839/parties/colbert-v-pritzker/


Judge(s)
Attorney for Plaintiff

Barry, Angela Mary (Illinois)

Borowicz, Kim (Illinois)

Braganca, Celiza (Illinois)

Curkovic, David I. (Illinois)

Attorney for Defendant

Dryjanski, Andrew L. (Illinois)

Expert/Monitor/Master/Other

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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

71 Fed.R.Serv.3d 1089

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 Dec. 18, 2024, 7:26 p.m.

Docket sheet not available via the Clearinghouse.

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

Facility Type(s):

Non-government for-profit

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

Content of Injunction:

Reasonable Accommodation

Monitor/Master

Monitoring

Order Duration: 2011 - None

Issues

General/Misc.:

Housing

Payment for care

Rehabilitation

Benefits (Source):

Medicaid

Disability and Disability Rights:

Disability, unspecified

Integrated setting

Reasonable Accommodations

Discrimination Area:

Accommodation / Leave

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Habilitation (training/treatment)

Medical/Mental Health Care:

Medical care, general

Medical care, unspecified