Case: L.C. v. Olmstead

1:95-cv-01210 | U.S. District Court for the Northern District of Georgia

Filed Date: May 11, 1995

Closed Date: July 11, 2000

Clearinghouse coding complete

Case Summary

In this case, the Supreme Court ruled in 1999 that Americans with Disabilities Act's ban on disability discrimination forbids the unnecessary institutionalization of people with disabilities. This has been an enormously important holding, spawning masses of litigation, much of it seeking to substitute community care for institutionalization for people with intellectual disabilities and mental illness. The case has been called the "Brown v. Board of Education" of people with disabilities, beca…

In this case, the Supreme Court ruled in 1999 that Americans with Disabilities Act's ban on disability discrimination forbids the unnecessary institutionalization of people with disabilities. This has been an enormously important holding, spawning masses of litigation, much of it seeking to substitute community care for institutionalization for people with intellectual disabilities and mental illness. The case has been called the "Brown v. Board of Education" of people with disabilities, because of its call for integration not segregation.

The underlying lawsuit began in May 11, 1995, when a developmentally disabled woman filed a complaint against various Georgia state officials under 42 U.S.C. §1983, ADA §§12131-12134 and Due Process Clause in the U.S. District Court for the Northern District of Georgia, Atlanta Division. The plaintiff, represented by public services counsel, asked the Court for declaratory and injunctive relief, alleging that despite the professional judgment of her psychiatric treatment team, she no longer required in-patient psychiatric treated but instead needed community-based services, defendants had continued to confined at Georgia Regional Hospital (GRH). Specially, she alleged that her continued unnecessary confinement violated her rights to freedom from undue restraint, minimally adequate treatment, freedom from illegal discrimination, and placement in the most integrated setting appropriate to her needs. An additional plaintiff was permitted to interven in January 29, 1996; this plaintiff, a 43-year-old developmentally disabled woman, alleged that she was confined unnecessarily and inappropriately at GRH and sought release into a community-based program.

On March 26, 1997, the Court (Judge Shoob) granted partial summary judgment in favor of the plaintiffs. The Court held that the State's failure to place the plaintiffs in a community-based treatment program violated Title II of ADA. In so ruling, the court rejected the State's argument that inadequate funding, not discrimination, accounted for their retention at GRH.

The defendants appealed. On April 8, 1998, the 11th Circuit affirmed the District Court's judgment, but remanded for reassessment of the State's cost-based defense. The appellate court asked the district court to consider, among other things, whether the additional expenditures necessary to treat the plaintiffs in community-based care would be unreasonable given the demands of the State's mental health budget.

The defendants were not satisfied and sought and obtained review by the Supreme Court. On June 22, 1999, the Supreme Court (Justice Ginsburg) affirmed the decision of the 11th Circuit in substantial part, and remanded the case for further consideration of the appropriate relief. The Supreme Court held that unjustified segregation in institutions is discrimination not only because it perpetuates unwarranted assumptions that people with disabilities are incapable or unworthy of participating in community life, but also because confinement in an institution severely curtails everyday life activities, such as family relations, social contacts, work, educational advancement and cultural enrichment.

Under Title II of the Americans with Disabilities Act, said Justice Ruth Bader Ginsburg, delivering the opinion of the court, "states are required to place persons with mental disabilities in community settings rather than in institutions when the State's treatment professionals have determined that community placement is appropriate, the transfer from institutional care to a less restrictive setting is not opposed by the affected individual, and the placement can be reasonably accommodated, taking into account the resources available to the State and the needs of others with mental disabilities. "

Nonetheless, the Supreme Court held, the states' need to maintain a range of facilities for the care and treatment of individuals with diverse mental disabilities must be recognized. However, The Supreme Court held that the Eleventh Circuit's remand instruction to consider the cost of providing the litigants with community based services in light of the state's mental health budget was unduly restrictive. In evaluating a state's fundamental alteration defense, courts must consider not only the cost of providing community based care to the litigants, but also the range of services the state provides to others with mental disabilities and its obligation to mete out those services in an equitable manner. If the state shows that immediate relief for the plaintiffs would be inequitable "given the responsibility the state has undertaken for the care and treatment of a large and diverse population of persons with mental disabilities," it will have met the fundamental alteration defense.

On July 11, 2000, the parties reached a settlement and the Court (Judge Shoob) approved the settlement. No details on it are available.

Summary Authors

Kunyi Zhang (2/11/2011)

Related Cases

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People


Judge(s)

Barkett, Rosemary (Florida)

Attorney for Plaintiff

Caley, Steven (Georgia)

Attorney for Defendant

Amideo, William F. (Georgia)

Baker, Thurbert E. (Georgia)

Bowers, Michael J. (Georgia)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

1:95-cv-01210

Docket

Olmstead v. L.C. & E.W.

Feb. 15, 2001

Feb. 15, 2001

Docket
1

1:95-cv-01210

Complaint

L.C. v. Olmstad

May 11, 1995

May 11, 1995

Complaint
5

1:95-cv-01210

Motion for a Temporary Restraining Order and Preliminary Injunction

L.C. v Olmstead

May 30, 1995

May 30, 1995

Pleading / Motion / Brief
50

1:95-cv-01210

Plaintiff E.W's Motion for a Preliminary Injunction

July 12, 1996

July 12, 1996

Pleading / Motion / Brief
62

1:95-cv-01210

Response to Motion for Preliminary Injunction

L.C. v Olmstead

Sept. 2, 1996

Sept. 2, 1996

Pleading / Motion / Brief
62

1:95-cv-01210

Response to Motion for Preliminary Injunction

Sept. 3, 1996

Sept. 3, 1996

Pleading / Motion / Brief
80

1:95-cv-01210

District Court Opinion

Olmstead v. L.C. & E.W.

March 26, 1997

March 26, 1997

Order/Opinion

1997 WL 148674

97-08538

Brief of Appellees on Appeal from the District Court

Olmstead v. L.C. & E.W.

U.S. Court of Appeals for the Eleventh Circuit

Aug. 2, 1997

Aug. 2, 1997

Pleading / Motion / Brief

97-08538

11th Circuit Opinion

Olmstead v. L.C. & E.W.

U.S. Court of Appeals for the Eleventh Circuit

April 8, 1998

April 8, 1998

Order/Opinion

138 F.3d 893

98-00536

Brief in Opposition to Petition for Certiorari

Olmstead v. L.C. & E.W.

Supreme Court of the United States

Oct. 27, 1998

Oct. 27, 1998

Pleading / Motion / Brief

Resources

Docket

Last updated March 26, 2025, 8:42 a.m.

ECF Number Date Description Link
1 May 11, 1995

COMPLAINT filed; summons issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney. FILING FEE $120.00 RECEIPT #217792. (er) (Entered: 05/15/1995)

PACER
2 May 11, 1995

ANSWERS TO MANDATORY INTERROGATORIES by pla. (er) (Entered: 05/15/1995)

PACER
4 May 11, 1995

MOTION by pla L. C. for protective order with brief in support. (er) (Entered: 05/15/1995)

PACER
5 May 30, 1995

MOTION by pla for temporary restraining order and for preliminary injunction with brief in support. (to MHS) (er) (Entered: 05/31/1995)

PACER
6 June 1, 1995

CONSENT ORDER dismissing motion for TRO and prel. inj. w/o prej. to pla's right to refile by Judge Marvin H. Shoob. cc (er) (Entered: 06/06/1995)

PACER
7 June 2, 1995

ANSWER to complaint [1−1] by dfts. (er) (Entered: 06/06/1995)

PACER
June 6, 1995

SUBMITTED on motion for appointment of guardian ad litem by pla L. C. [3−1], motion for protective order by pla L. C. [4−1] to Judge Marvin H. Shoob. (er) (Entered: 06/06/1995)

PACER
8 June 7, 1995

ORDER DENYING AS MOOT pla's motion for TRO [5−1] and prel. inj. [5−2] by Judge Marvin H. Shoob. cc (er) (Entered: 06/07/1995)

PACER
9 June 9, 1995

ORDER GRANTING motion for appointment of guardian ad litem by pla [3−1], GRANTING motion for protective order &authorization to proceed under a pseudonym by pla [4−1] &DIRECTS that all papers or pleadings filed identify pla solely as L. C., that in all proceedings, counsel and all witnesses shall be directed to refer to pla sole as L.C. by Judge Marvin H. Shoob. cc. (fmr emp) (Entered: 06/09/1995)

PACER
10 June 14, 1995

Certificate of interested persons. (to judge) (er) (Entered: 06/16/1995)

PACER
11 June 16, 1995

MOTION by intervenor E.W. to intervene as pla with brief in support w/prop intervenor's complaint. (er) (Entered: 06/27/1995)

PACER
12 July 3, 1995

RESPONSE by dfts to motion to intervene as pla by E.W. [11−1]. (er) (Entered: 07/10/1995)

PACER
13 July 5, 1995

JOINT Prel. Stmt. &Scheduling Order. (to judge) (er) (Entered: 07/10/1995)

PACER
14 July 6, 1995

MOTION by pla−intervenor E.W. for appointment of Guardian Ad Litem with brief in support &consent to serve as guardian ad litem. (er) Modified on 07/11/1995 (Entered: 07/11/1995)

PACER
15 July 6, 1995

MOTION by pla−intervenor E.W. for protective order to proceed under a pseudonym with brief in support. (er) (Entered: 07/11/1995)

PACER
July 14, 1995

ORDER endorsed APPROVING prel. stmt. [13−1] by Judge Marvin H. Shoob. cc (er) (Entered: 07/18/1995)

PACER
16 July 20, 1995

REPLY by pla/int. E.W. to dfts' response to motion to intervene as pla by E.W. [11−1]. (er) (Entered: 07/27/1995)

PACER
17 July 27, 1995

MOTION by pla for temporary restraining order and for prel. inj. with brief in support &attachments. (er) (Entered: 08/02/1995)

PACER
18 July 31, 1995

ANSWERS TO MANDATORY INTERROGATORIES by dfts. (er) (Entered: 08/03/1995)

PACER
July 31, 1995

Proposed consent order by parties. (to MHS) (er) (Entered: 08/03/1995)

PACER
Aug. 2, 1995

SUBMITTED on motion to intervene as pla by E.W. [11−1], motion for appointment of Guardian Ad Litem by E.W. [14−1] to Judge Marvin H. Shoob. (er) (Entered: 08/02/1995)

PACER
19 Aug. 4, 1995

CONSENT ORDER approving motions [17−1] [17−2] by Judge Marvin H. Shoob. cc (see order for details) (er) (Entered: 08/11/1995)

PACER
Aug. 9, 1995

SUBMITTED on motion for protective order to proceed under a pseudonym by pla−intervinor E.W. [15−1] to Judge Marvin H. Shoob. (NOTE: You presently have file) (er) (Entered: 08/09/1995)

PACER
21 Oct. 13, 1995

CONSENT ORDER GRANTING jt motion for extension of the disc. period [20−1]; disc. ends 2/1/96; by Judge Marvin H. Shoob. cc (er) Modified on 10/17/1995 (Entered: 10/17/1995)

PACER
22 Jan. 4, 1996

DISCLOSURE of the identity of expert witnesses and supplement to mandatory interrogatories by pla. (er) (Entered: 01/05/1996)

PACER
23 Jan. 9, 1996

MOTION by pla for extension of the disc. period with brief in support. (er) (Entered: 01/10/1996)

PACER
24 Jan. 12, 1996

RESPONSE by dfts to pla's motion for extension of the disc. period [23−1]. (er) (Entered: 01/16/1996)

PACER
Jan. 16, 1996

SUBMITTED on motion for extension of the disc. period by pla [23−1] to Judge Marvin H. Shoob. (NOTE: You have file) (er) (Entered: 01/16/1996)

PACER
25 Jan. 24, 1996

MOTION by pla to compel disc. with brief in support. (er) (Entered: 01/25/1996)

PACER
26 Jan. 24, 1996

REPLY by pla to dfts' response to motion for extension of the disc. period [23−1]. (er) (Entered: 01/25/1996)

PACER
27 Jan. 29, 1996

ORDER GRANTING motion to intervene as pla by E.W. [11−1]; motion for appointment of Guardian Ad Litem by E. W. [14−1]; motion for protective order to proceed under a pseudonym by E.W. [15−1]; GRANTING motion for extension of the disc. period by pla L. C. [23−1] Disc ends 4/1/96 by Judge Marvin H. Shoob. cc (er) (Entered: 01/30/1996)

PACER
28 Feb. 12, 1996

Response by dfts to motion to compel disc. by L. C. [25−1] (bsm) (Entered: 02/14/1996)

PACER
29 Feb. 20, 1996

RESPONSE TO intervenor's complaint [1−1] by dfts. (er) (Entered: 02/26/1996)

PACER
30 Feb. 21, 1996

ANSWERS TO MANDATORY INTERROGATORIES by pla E.W. (er) (Entered: 02/26/1996)

PACER
31 Feb. 22, 1996

Notice to take deposition of RICHARD FIELDS, M. D., CHARLES HOPKINS, SANDRA ARMSTEAD, M. D., DILITKUMAR PATEL, M. D., RAMESH AMIN, M. D., DEBRA HOOBLER &request for prod. of docs. at depos. by plas. (er) Modified on 02/26/1996 (Entered: 02/26/1996)

PACER
Feb. 27, 1996

SUBMITTED on motion to compel disc. by pla [25−1] to Judge Marvin H. Shoob. (er) (Entered: 02/27/1996)

PACER
32 March 4, 1996

Notice of filing of expert report of Richard L. Elliot, M.D., Ph.D. by plas. (er) (Entered: 03/06/1996)

PACER
33 March 4, 1996

Notice of filing of expert report of Robert Sovner, M.D. by plas. (er) (Entered: 03/06/1996)

PACER
34 March 5, 1996

ORDER DENYING AS MOOT pla's motion to compel disc. [25−1] by Judge Marvin H. Shoob. cc (er) (Entered: 03/06/1996)

PACER
35 March 15, 1996

ADDENDUM to pla's expert report by Robert Sovner, M.D. [33−1]. (er) (Entered: 03/21/1996)

PACER
36 March 15, 1996

SUBSTITUTION of doc filed 3/4/96 (Report of Robert Sovner, M.D.) [33−1]. (er) (Entered: 03/21/1996)

PACER
37 March 20, 1996

SUPPLEMENTAL ANSWERS to mandatory interrogatories by plas. (er) (Entered: 03/21/1996)

PACER
38 March 20, 1996

ADDENDUM to pla's expert report by Louis Niemeyer. (er) (Entered: 03/21/1996)

PACER
39 March 28, 1996

Joint MOTION to extend disc. with brief in support. (to MHS) (er) Modified on 04/01/1996 (Entered: 04/01/1996)

PACER
40 March 29, 1996

CONSENT ORDER GRANTING jt motion to extend disc. [39−1] Disc. ends 6/1/96 by Judge Marvin H. Shoob. cc (er) (Entered: 04/01/1996)

PACER
42 April 24, 1996

SUPPLEMENTAL ANSWERS TO MANDATORY INTERROGATORIES by plas. (er) (Entered: 04/27/1996)

PACER
43 May 16, 1996

Notice of filing by plas of amendment of expert report of Richard L. Elliot, M.D., PH.D. (er) (Entered: 05/20/1996)

PACER
44 May 21, 1996

Joint MOTION to extend disc. with prop/order attached. (to MHS) (er) (Entered: 05/23/1996)

PACER
45 May 22, 1996

Notice of filing of expert report of Richard L. Elliott, M.D. by pla. (er) (Entered: 05/23/1996)

PACER
46 May 22, 1996

Notice of filing of amendment of expert report of Louis Niemeyer, M.S.W., C.C.S.W. by pla. (er) (Entered: 05/23/1996)

PACER
47 May 22, 1996

Notice of depositions of Dr. Dilipkumar Patel, Willie Ingram, Jimmie Parrish, and Bess Ligon by pla. (er) Modified on 05/23/1996 (Entered: 05/23/1996)

PACER
48 May 29, 1996

CONSENT ORDER GRANTING jt motion to extend disc. [44−1]; Disc ends 7/1/96; sum. jgm. motions may be filed by 8/20/96; by Judge Marvin H. Shoob. cc (er) (Entered: 05/30/1996)

PACER
49 June 19, 1996

REPORT OF William K. Killion regarding pla L.C. by dfts. (er) (Entered: 06/25/1996)

PACER
50 July 12, 1996

MOTION by pla for prel. inj. with brief &exhs in support. (er) (Entered: 07/15/1996)

PACER
51 July 12, 1996

Notice of filing depositions by plas. (er) (Entered: 07/15/1996)

PACER
July 12, 1996

Depositions of DILIPKUMAR PATEL, CHARLES WILLIAM BLISS, III, JOSEPH STEED, RICHARD FIELDS, M. D., TOMMY OLMSTEAD, JIMMIE L. PARRISH, JR., DR. GARY DeBACHER, BESS LIGON, KAREN THORNTON, and CHARLES B. HOPKINS taken for plas. (er) (Entered: 07/15/1996)

PACER
52 July 19, 1996

MOTION by plas to exceed page limitations , to file a corrected page to brief , and to extend time to file parties' prop/pretrial order with brief in support. (er) (Entered: 07/22/1996)

PACER
53 July 30, 1996

MOTION by dfts to strike "pla E. W.'s motion for a prel. inj." with brief in support. (er) (Entered: 08/01/1996)

PACER
54 Aug. 2, 1996

RESPONSE by plas to dfts' motion to strike "pla E. W.'s motion for a prel. inj." [53−1]. (er) (Entered: 08/02/1996)

PACER
55 Aug. 2, 1996

MOTION by plas to exceed page limits with brief in support. (er) (Entered: 08/05/1996)

PACER
56 Aug. 5, 1996

RESPONSE by dfts to pla's motion to exceed page limitations [52−1], to file a corrected page to brief [52−2], and for an extension of time to file parties' prop/pretrial order [52−3]. (er) (Entered: 08/07/1996)

PACER
Aug. 7, 1996

SUBMITTED on motion for prel. inj. by pla E.W. [50−1], motion to exceed page limitations [52−1], to file a corrected page to brief [52−2], and for an extension of time to file parties' prop/pretrial order by plas [52−3], motion to strike "pla E. W.'s motion for a prel. inj." by dfts [53−1] to Judge Marvin H. Shoob. (er) (Entered: 08/07/1996)

PACER
57 Aug. 13, 1996

ORDER GRANTING plas' motion to exceed page limitation [52−1]; allowing dfts the same number of pages (36) in their response brief; GRANTING plas' motion to file a corrected page 8 in the same brief [52−1]; GRANTING plas' motion for an extension of time to file the parties' proposed conso/pto until (30) days after the Court rules on the parties' motions for sum. jgm. [52−3]; DENYING dfts' motion to strike pla E.W.'s motion for prel. inj. [53−1]; DIRECTING dfts to file their response to the motion w/in (10) days of the date of service of this order; GRANTING plas' motion to exceed page limits in their brief in support of motion for sum. jgm. [55−1]; and DIRECTING plas and dfts to submit briefs in support of their respective motions of not more than (40) pages by Judge Marvin H. Shoob. cc (er) (Entered: 08/13/1996)

PACER
58 Aug. 19, 1996

MOTION by dfts to extend time for filing dfts' motion for sum. jgm. with brief in support. (er) (Entered: 08/21/1996)

PACER
59 Aug. 20, 1996

MOTION by plas for sum. jgm. and statement of material facts w/ EXHIBITS with brief in support. (er) (Entered: 08/22/1996)

PACER
60 Aug. 21, 1996

Notice of filing original depositions by plas. (er) (Entered: 08/22/1996)

PACER
Aug. 21, 1996

Depositions of DR. RAMESH N. AMIN, DR. DILIPKUMAR PATEL, and WILLIE H. INGRAM taken for plas. (er) (Entered: 08/22/1996)

PACER
61 Aug. 22, 1996

MOTION by dfts for summary judgment and statement of material facts with brief &exh. in support. (rag) (Entered: 08/23/1996)

PACER
Aug. 22, 1996

Notice of motion for sum. jgm. and statement of material facts w/EXHIBITS by plas [59−1] filed 8/20/96 8/22/96. (er) (Entered: 08/22/1996)

PACER
Aug. 23, 1996

Notice of motion for summary judgment and statement of material facts by Ernestine Pittman, Richard Fields, Tommy Olmstead [61−1] filed 8/22/96 mailed 8/23/96. (rag) (Entered: 08/23/1996)

PACER
62 Sept. 3, 1996

RESPONSE by dfts to pla's motion for prel. inj. [50−1]. (er) (Entered: 09/04/1996)

PACER
63 Sept. 3, 1996

Notice of filing original disc. (depos.) by dfts. (er) (Entered: 09/04/1996)

PACER
Sept. 3, 1996

Depositions of DR. RICHARD L. ELLIOTT, M. D., and DR. RICHARD L. ELLIOTT taken for dfts. (er) (Entered: 09/04/1996)

PACER
Sept. 4, 1996

SUBMITTED on motion for prel. inj. by pla [50−1] to Judge Marvin H. Shoob. (er) (Entered: 09/04/1996)

PACER
Sept. 12, 1996

SUBMITTED on motion to extend time for filing dfts' motion for sum. jgm. by dfts [58−1] to Judge Marvin H. Shoob. (er) (Entered: 09/12/1996)

PACER
64 Sept. 13, 1996

Objections and response by defts to statement of material facts by Ernestine Pittman, Richard Fields, Tommy Olmstead [61−1] (crp) (Entered: 09/16/1996)

PACER
65 Sept. 13, 1996

Response by defts to motion for sum. jgm. and statement of material facts w/ EXHIBITS by E.W., L. C. [59−1] (crp) (Entered: 09/16/1996)

PACER
66 Sept. 13, 1996

STATEMENT of material facts to which defts contend there exists a genuine issue to be tried by defts [61−1] . (crp) (Entered: 09/16/1996)

PACER
67 Sept. 13, 1996

Attorney appearance for Tommy Olmstead, Richard Fields, Ernestine Pittman by John C. Jones, Jefferson James Davis. (crp) (Entered: 09/16/1996)

PACER
68 Sept. 13, 1996

Response by L. C., E.W. to motion for summary judgment by Ernestine Pittman, Richard Fields, Tommy Olmstead [61−1] (crp) (Entered: 09/16/1996)

PACER
69 Sept. 13, 1996

Response by L. C., E.W. to statement of material facts w/ EXHIBITS by E.W., L. C. [59−1] (crp) (Entered: 09/16/1996)

PACER
70 Sept. 17, 1996

REPLY by plas to dfts' response to plas' motion for prel. inj. [50−1]. (er) (Entered: 09/19/1996)

PACER
Sept. 18, 1996

SUBMITTED on motion for sum. jgm. by plas [59−1], motion sum. jgm. by dfts [61−1] to Judge Marvin H. Shoob. (NOTE: You presently have file) (er) (Entered: 09/18/1996)

PACER
71 Sept. 30, 1996

REPLY by plas to dfts' response to plas' motion for sum. jgm. [59−1]. (er) (Entered: 10/02/1996)

PACER
72 Oct. 1, 1996

REPLY by dfts to plas' response to dfts' motion for sum. jgm. [61−1]. (er) (Entered: 10/02/1996)

PACER
73 Nov. 14, 1996

SUPPLEMENTATION of required disclosures by pla. (er) (Entered: 11/18/1996)

PACER
Dec. 12, 1996

Deposition of GLORIA SHEPPARD taken for plas. (er) (Entered: 12/18/1996)

PACER
74 Dec. 13, 1996

APPLICATION for leave of absence of Patricia Downing for the period of 12/19/96 thru 1/24/97 (to MHS) (er) (Entered: 12/18/1996)

PACER
76 Dec. 20, 1996

ORDER GRANTING [74−1] leave for leave of absence of Patricia Downing for the period of 12/19/96 thru 1/24/97; approved by ct/room dep. (cc) (er) (Entered: 12/27/1996)

PACER
77 Feb. 14, 1997

SUPPLEMENTAL BRIEF by dfts [61−1] to dfts' motion for sum. jgm. AND (er) (Entered: 02/20/1997)

PACER
77 Feb. 14, 1997

IN OPPOSITION by dfts [59−1] to plas' motion for sum. jgm. and plas' E.W.'s motion [50−1] for prel. inj. (er) (Entered: 02/20/1997)

PACER
78 Feb. 20, 1997

Notice of filing of original affidavit of George Echols, M.D., F.A.A.P. by dfts. (er) (Entered: 02/26/1997)

PACER
79 March 3, 1997

RESPONSE by plas to dfts' supplemental brief [77−1] in support of dfts' motion for sum. jgm. and in opposition to [77−1] plas' motion for sum .jgm. (er) (Entered: 03/06/1997)

PACER
82 March 25, 1997

Notice of filing original affidavit of Richard Elliott, M.D., Ph.D. by E.W. (er) (Entered: 04/02/1997)

PACER
80 March 26, 1997

ORDER by Judge Marvin H. Shoob GRANTING [58−1] dfts' motion to extend time for filing dfts' motion for sum. jgm., DENYING IN PART and DENYING AS MOOT IN PART dfts' [61−1] motion for sum. jgm.; GRANTING IN PART AND DENYING AS MOOT IN PART plas' [59−1] motion for sum. jgm.; DENYING AS MOOT [50−1] pla/intv. E.W.'s motion for prel. inj.; DIRECTING the clerk to enter a final jgm in this action pursuant to FRCP−58(2). cc (er) (Entered: 03/26/1997)

PACER
81 March 26, 1997

JUDGMENT ENTERED for plas against dfts. cc (er) (Entered: 03/26/1997)

PACER
83 April 4, 1997

MOTION by plas for award of attorney's fees with brief in support. (er) (Entered: 04/09/1997)

PACER
84 April 17, 1997

NOTICE OF APPEAL by dfts from [80−1] order &[81−1] jgm FILING FEE $105.00. cc (er) (Entered: 04/24/1997)

PACER
85 April 17, 1997

MOTION by dfts to stay jgm and suspend injunction with brief in support. (er) (Entered: 04/24/1997)

PACER
April 21, 1997

USCA appeal fees received $105.00 Receipt #407125 (Ltr to USCA) (er) Modified on 04/28/1997 (Entered: 04/28/1997)

PACER

Case Details

State / Territory:

Georgia

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: May 11, 1995

Closing Date: July 11, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two developmentally disabled women who could be treated appropriately in a community-based setting but were confined for treatment in a psychiatric unit.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Department of Human Resources

Georgia Regional Hospital

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Other Dockets:

Northern District of Georgia 1:95-cv-01210

U.S. Court of Appeals for the Eleventh Circuit 97-08538

Supreme Court of the United States 98-536

Available Documents:

Any published opinion

Trial Court Docket

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Classification / placement

Government services

Housing

Individualized planning

Benefits (Source):

Medicaid

Disability and Disability Rights:

Integrated setting

Intellectual/developmental disability, unspecified

Least restrictive environment

Mental impairment

Reasonable Accommodations

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Habilitation (training/treatment)

Placement in mental health facilities

Recommended Citation