Case: Duc Van Le v. Ibarra

88-cv-22641 | Colorado state trial court

Filed Date: 1988

Closed Date: Jan. 24, 1994

Clearinghouse coding complete

Case Summary

In 1988, a representative plaintiff filed a lawsuit against the Colorado Department of Social Services in the District Court of the City and County of Denver. The lawsuit was filed under (1) Title XIX of the Social Security Act, 42 U.S.C §1396; (2) the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the U.S. Constitution; and (3) § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (1988). The plaintiff alleged that the defendant granted home and community based serv…

In 1988, a representative plaintiff filed a lawsuit against the Colorado Department of Social Services in the District Court of the City and County of Denver. The lawsuit was filed under (1) Title XIX of the Social Security Act, 42 U.S.C §1396; (2) the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the U.S. Constitution; and (3) § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (1988). The plaintiff alleged that the defendant granted home and community based services (HCBS) to the elderly, blind, physically disabled, and developmentally disabled but not to the mentally ill solely on the basis of their mental illness. The plaintiff sought an injunction, requiring the defendant to provide the HCBS benefits.

The trial court (Judge Edward E. Carelli) granted the plaintiff's motion for class certification and certified a class of all low income, mentally ill Colorado residents who qualify for skilled or intermediate care under Title XIX of the Social Security Act but who have been deprived of HCBS solely on the basis of their mental illness.

On August 23, 1990, the trial court held for the plaintiffs. The court found that the defendants had failed to provide the plaintiffs with the same HCBS program that was provided to elderly, blind, and physically-disabled persons. The court held that this failure did indeed violate the plaintiffs' rights under the federal and state Medicaid Acts, Section 504 of the Rehabilitation Act of 1973, and the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the U.S. Constitution. The trial court subsequently entered an injunctive order requiring the defendants to provide HCBS benefits to the plaintiffs.

The defendants appealed the judgment to the Colorado court of appeals, although the Colorado supreme court granted the plaintiffs' writ of certiorari to the court of appeals. On April 20, 1992, the Colorado supreme court reversed the judgment of the trial court. However, the supreme court order was subsequently withdrawn upon a grant of rehearing. Then, on December 14, 1992, the judgment of the Colorado district court was affirmed by operation of law because the Colorado Supreme Court was equally divided.

The state petitioned the U.S. Supreme Court for writ of certiorari, but the U.S. Supreme Court denied the petition on January 24, 1994. The case is now closed.

Summary Authors

Jordan Rossen (2/7/2011)

People


Judge(s)

Erickson, William H. (Colorado)

Kirshbaum, Howard M. (Colorado)

Lohr, George E. (Colorado)

Mullarkey, Mary J. (Colorado)

Quinn, Joseph R. (Colorado)

Rovira, Luis D. (Colorado)

Attorneys(s) for Plaintiff

Dubofsky, Jean E. (Colorado)

Holland, John Robert (Colorado)

Mullen, Kathleen (Colorado)

Attorneys(s) for Defendant

Farley, Paul (Colorado)

Judge(s)

Erickson, William H. (Colorado)

Kirshbaum, Howard M. (Colorado)

Lohr, George E. (Colorado)

Mullarkey, Mary J. (Colorado)

Quinn, Joseph R. (Colorado)

Rovira, Luis D. (Colorado)

Attorneys(s) for Plaintiff

Dubofsky, Jean E. (Colorado)

Holland, John Robert (Colorado)

Mullen, Kathleen (Colorado)

Attorneys(s) for Defendant

Farley, Paul (Colorado)

Livingston, Wade (Colorado)

Norton, Gale A. (Colorado)

Slaughter, Raymond T. (Colorado)

Tymkovich, Timothy M. (Colorado)

Worthington, Stacy L. (Colorado)

Other Attorney(s)

Hennessey, Richard F. (Colorado)

Martinez, William J. (Colorado)

Documents in the Clearinghouse

Document

Plaintiffs' Petition of the Colorado Supreme Court for Certiorari to Colorado Court of Appeals Before Judgment

Colorado state supreme court

1991 WL 11257337

March 21, 1991 Pleading / Motion / Brief

Reply Brief of Defendant-Respondent

Colorado state supreme court

1991 WL 11034408

July 5, 1991 Pleading / Motion / Brief

Opinion and Order Reversing the Trial Court Judgment

Colorado state supreme court

1992 WL 77908

April 20, 1992 Order/Opinion

Plaintiff-Petitioner's Supplemental Brief

Colorado state supreme court

1992 WL 12037094

July 1, 1992 Pleading / Motion / Brief

Brief of Colorado Psychiatric Society As Amicus Curiae in Support of Petitioner Duc Van Le

Colorado state supreme court

1992 WL 12037091

July 7, 1992 Pleading / Motion / Brief

Order Affirming the Judgment of the Trial Court

Colorado state supreme court

843 P.2d 15

Dec. 14, 1992 Order/Opinion

Defendant-Respondent's Petition for Rehearing

Colorado state supreme court

1992 WL 12044268

Dec. 28, 1992 Pleading / Motion / Brief

Defendant's Petition for Writ of Certiorari

Ibarra v. Duc Van Le

Supreme Court of the United States

1993 WL 13076761

April 12, 1993 Pleading / Motion / Brief

Order Denying Defendant's Petition for Writ of Certiorari to the Supreme Court of Colorado

Ibarra v. Duc Van Le

Supreme Court of the United States

510 U.S. 1085

Jan. 24, 1994 Order/Opinion

Docket

Last updated May 11, 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: 1988

Closing Date: Jan. 24, 1994

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Low income mentally ill residents of Colorado who qualify for skilled or intermediate care under Title XIX of the Social Security Act but who have been deprived of home and community based services solely on the basis of their mental illness

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Colorado Department of Social Services, State

Case Details

Causes of Action:

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

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

Availably Documents:

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1992 - None

Issues

Benefit Source:

Medicaid