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)

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People


Judge(s)

Barkett, Rosemary (Florida)

Ginsburg, Ruth Bader (District of Columbia)

Shoob, Marvin Herman (Georgia)

Attorneys(s) for Plaintiff

Caley, Steven (Georgia)

Jamieson, Susan (Georgia)

Roseborough, Teresa Wynn (Georgia)

Webster, David A. (Georgia)

Attorneys(s) for Defendant

Amideo, William F. (Georgia)

Baker, Thurbert E. (Georgia)

Bowers, Michael J. (Georgia)

Judge(s)

Barkett, Rosemary (Florida)

Ginsburg, Ruth Bader (District of Columbia)

Shoob, Marvin Herman (Georgia)

Attorneys(s) for Plaintiff

Caley, Steven (Georgia)

Jamieson, Susan (Georgia)

Roseborough, Teresa Wynn (Georgia)

Webster, David A. (Georgia)

Attorneys(s) for Defendant

Amideo, William F. (Georgia)

Baker, Thurbert E. (Georgia)

Bowers, Michael J. (Georgia)

Davis, Jefferson James (Georgia)

Dawning, Patricia (Georgia)

Downing, Beverly P. (Georgia)

Jones, John Custer (Georgia)

Joy, William C. (Georgia)

Pacious, Kathleen Mary (Georgia)

Shingler, George P. (Georgia)

Other Attorney(s)

Frohboese, Robinsue (District of Columbia)

Lee, Bill Lann (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Stout, Patricia Rebecca (Georgia)

Documents in the Clearinghouse

Document

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.

1997 WL 148674

March 26, 1997

March 26, 1997

Order/Opinion

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

138 F.3d 893

April 8, 1998

April 8, 1998

Order/Opinion

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 June 6, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

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)

May 11, 1995

May 11, 1995

2

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

May 11, 1995

May 11, 1995

4

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

May 11, 1995

May 11, 1995

5

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

May 30, 1995

May 30, 1995

6

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)

June 1, 1995

June 1, 1995

7

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

June 2, 1995

June 2, 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)

June 6, 1995

June 6, 1995

8

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)

June 7, 1995

June 7, 1995

9

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)

June 9, 1995

June 9, 1995

10

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

June 14, 1995

June 14, 1995

11

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

June 16, 1995

June 16, 1995

12

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

July 3, 1995

July 3, 1995

13

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

July 5, 1995

July 5, 1995

14

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)

July 6, 1995

July 6, 1995

15

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

July 6, 1995

July 6, 1995

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

July 14, 1995

July 14, 1995

16

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)

July 20, 1995

July 20, 1995

17

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

July 27, 1995

July 27, 1995

18

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

July 31, 1995

July 31, 1995

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

July 31, 1995

July 31, 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)

Aug. 2, 1995

Aug. 2, 1995

19

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

Aug. 4, 1995

Aug. 4, 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)

Aug. 9, 1995

Aug. 9, 1995

21

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)

Oct. 13, 1995

Oct. 13, 1995

22

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

Jan. 4, 1996

Jan. 4, 1996

23

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

Jan. 9, 1996

Jan. 9, 1996

24

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

Jan. 12, 1996

Jan. 12, 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)

Jan. 16, 1996

Jan. 16, 1996

25

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

Jan. 24, 1996

Jan. 24, 1996

26

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

Jan. 24, 1996

Jan. 24, 1996

27

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)

Jan. 29, 1996

Jan. 29, 1996

28

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

Feb. 12, 1996

Feb. 12, 1996

29

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

Feb. 20, 1996

Feb. 20, 1996

30

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

Feb. 21, 1996

Feb. 21, 1996

31

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)

Feb. 22, 1996

Feb. 22, 1996

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

Feb. 27, 1996

Feb. 27, 1996

32

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

March 4, 1996

March 4, 1996

33

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

March 4, 1996

March 4, 1996

34

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

March 5, 1996

March 5, 1996

35

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

March 15, 1996

March 15, 1996

36

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

March 15, 1996

March 15, 1996

37

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

March 20, 1996

March 20, 1996

38

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

March 20, 1996

March 20, 1996

39

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

March 28, 1996

March 28, 1996

40

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)

March 29, 1996

March 29, 1996

42

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

April 24, 1996

April 24, 1996

43

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

May 16, 1996

May 16, 1996

44

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

May 21, 1996

May 21, 1996

45

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

May 22, 1996

May 22, 1996

46

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)

May 22, 1996

May 22, 1996

47

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)

May 22, 1996

May 22, 1996

48

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)

May 29, 1996

May 29, 1996

49

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

June 19, 1996

June 19, 1996

50

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

July 12, 1996

July 12, 1996

51

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

July 12, 1996

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)

July 12, 1996

July 12, 1996

52

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)

July 19, 1996

July 19, 1996

53

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

July 30, 1996

July 30, 1996

54

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

Aug. 2, 1996

Aug. 2, 1996

55

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

Aug. 2, 1996

Aug. 2, 1996

56

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)

Aug. 5, 1996

Aug. 5, 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)

Aug. 7, 1996

Aug. 7, 1996

57

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)

Aug. 13, 1996

Aug. 13, 1996

58

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

Aug. 19, 1996

Aug. 19, 1996

59

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

Aug. 20, 1996

Aug. 20, 1996

60

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

Aug. 21, 1996

Aug. 21, 1996

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

Aug. 21, 1996

Aug. 21, 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)

Aug. 22, 1996

Aug. 22, 1996

61

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

Aug. 22, 1996

Aug. 22, 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)

Aug. 23, 1996

Aug. 23, 1996

62

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

Sept. 3, 1996

Sept. 3, 1996

63

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

Sept. 3, 1996

Sept. 3, 1996

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

Sept. 3, 1996

Sept. 3, 1996

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

Sept. 4, 1996

Sept. 4, 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)

Sept. 12, 1996

Sept. 12, 1996

64

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

Sept. 13, 1996

Sept. 13, 1996

65

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)

Sept. 13, 1996

Sept. 13, 1996

66

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)

Sept. 13, 1996

Sept. 13, 1996

67

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

Sept. 13, 1996

Sept. 13, 1996

68

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)

Sept. 13, 1996

Sept. 13, 1996

69

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)

Sept. 13, 1996

Sept. 13, 1996

70

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

Sept. 17, 1996

Sept. 17, 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)

Sept. 18, 1996

Sept. 18, 1996

71

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

Sept. 30, 1996

Sept. 30, 1996

72

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

Oct. 1, 1996

Oct. 1, 1996

73

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

Nov. 14, 1996

Nov. 14, 1996

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

Dec. 12, 1996

Dec. 12, 1996

74

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)

Dec. 13, 1996

Dec. 13, 1996

76

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)

Dec. 20, 1996

Dec. 20, 1996

77

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

Feb. 14, 1997

Feb. 14, 1997

77

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)

Feb. 14, 1997

Feb. 14, 1997

78

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

Feb. 20, 1997

Feb. 20, 1997

79

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)

March 3, 1997

March 3, 1997

82

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

March 25, 1997

March 25, 1997

80

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)

March 26, 1997

March 26, 1997

81

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

March 26, 1997

March 26, 1997

83

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

April 4, 1997

April 4, 1997

84

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

April 17, 1997

April 17, 1997

85

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

April 17, 1997

April 17, 1997

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

April 21, 1997

April 21, 1997

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

Georgia Regional Hospital (Atlanta, Fulton), State

Department of Human Resources (Atlanta, Fulton), State

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

Availably Documents:

Trial Court Docket

Any published opinion

U.S. Supreme Court merits 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

Issues

General:

Classification / placement

Disparate Treatment

Government Services

Habilitation (training/treatment)

Housing

Individualized planning

Placement in mental health facilities

Reasonable Accommodations

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Integrated setting

Least restrictive environment

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Benefit Source:

Medicaid