Case: Lewis v. New Mexico Dept. of Health

6:99-cv-00021 | U.S. District Court for the District of New Mexico

Filed Date: Jan. 7, 1999

Closed Date: Oct. 21, 2005

Clearinghouse coding complete

Case Summary

On January 7, 1999 several individuals eligible to participate in Medicaid because of disabilities and an advocacy organization for disabled individuals filed suit against New Mexico, the New Mexico Department of Health, and the New Mexico Department of Human Services in the United States District Court for the District of New Mexico. They alleged that the defendants had violated 42 U.S.C. § 1983, the Americans with Disabilities Act, the Medicaid Act, and the Fifth and Fourteenth Amendments. …

On January 7, 1999 several individuals eligible to participate in Medicaid because of disabilities and an advocacy organization for disabled individuals filed suit against New Mexico, the New Mexico Department of Health, and the New Mexico Department of Human Services in the United States District Court for the District of New Mexico. They alleged that the defendants had violated 42 U.S.C. § 1983, the Americans with Disabilities Act, the Medicaid Act, and the Fifth and Fourteenth Amendments. Specifically they claimed that the defendants provided community-based treatment to individuals with disabilities authorized as waiver services in a way that prevented disabled individuals from receiving these services in a reasonably prompt manner. They sought declaratory and injunctive relief.

On April 24, 2000 the district court (Judge Martha Alicia Vazquez) granted in part and denied in part the defendants' motion to dismiss. The defendants appealed the ruling denying their sovereign immunity claims but on August 16, 2001 the Tenth Circuit Court of Appeals (Judges Tacha, Pulitz, and Lucero) affirmed the district court. On November 5, 2002 the district court granted the defendants summary judgment as to claims by plaintiffs who had since received the desired services or were deceased but denied the defendants' motion to dismiss the claim of the advocacy organization for lack of standing.

Discovery proceeded until the district court (Judge Vazquez) granted the plaintiffs summary judgment on two counts and the defendants summary judgment on one count on August 5, 2003. On February 4, 2004 the district court (Judge Vazquez) entered judgment in favor of the plaintiffs and ordered the defendants to evaluate applicants for waiver services within 90 days and then provide them with such services when appropriate within 90 days. The district court (Judge Vazquez) denied the plaintiffs motion to find the defendants in contempt on September 7, 2005 and found the defendants to be in compliance with the judgment on October 21, 2005.

Summary Authors

Michael Perry (2/24/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4945385/parties/lewis-v-new-mexico-dept-he/


Judge(s)

Deaton, William W. Jr. (New Mexico)

Galvan, Joe H. (New Mexico)

Lucero, Carlos F. (Colorado)

Molzen, Karen Ballard (New Mexico)

Politz, Henry Anthony (Louisiana)

Smith, Leslie C. (New Mexico)

Svet, Don J. (New Mexico)

Tacha, Deanell Reece (Kansas)

Vázquez, Martha Alicia (New Mexico)

Attorneys(s) for Plaintiff

Fisk, Jama E. (New Mexico)

Judge(s)

Deaton, William W. Jr. (New Mexico)

Galvan, Joe H. (New Mexico)

Lucero, Carlos F. (Colorado)

Molzen, Karen Ballard (New Mexico)

Politz, Henry Anthony (Louisiana)

Smith, Leslie C. (New Mexico)

Svet, Don J. (New Mexico)

Tacha, Deanell Reece (Kansas)

Vázquez, Martha Alicia (New Mexico)

Attorneys(s) for Plaintiff

Fisk, Jama E. (New Mexico)

Gomez, Sandra L. (New Mexico)

Koenigsberg, Nancy (New Mexico)

Miller, V. Colleen (District of Columbia)

Parks, Michael C. (New Mexico)

Sanders, Maureen (New Mexico)

Westbrook, Duff H. (New Mexico)

Attorneys(s) for Defendant

Adams, Nathan A. (New Mexico)

Armijo, Rumaldo R. (New Mexico)

Clough, John H. (New Mexico)

Davidson, Margaret E. (New Mexico)

Glenn, Barbara Gregg (New Mexico)

Hoffman, Robyn B. (New Mexico)

Momaday, Barbara Glenn (New Mexico)

Pharris, Charles A. (New Mexico)

Ritzma, Paul R. (New Mexico)

Stone, Jennifer (New Mexico)

Sullivan, Susan (New Mexico)

Van Luchene, Gary J. (New Mexico)

Wihl, Kurt (New Mexico)

Documents in the Clearinghouse

Document

Docket

Lewis v. Dept. of Health

U. S. Court of Appeals for the Tenth Circuit

May 31, 2002 Docket

Docket

Oct. 21, 2005 Docket
1

Complaint for Violation of Civil Rights and Injunctive Relief

Jan. 7, 1999 Complaint
76

Amended Memorandum Opinion and Order (Denying in part and granting in part defendants' motions to dismiss)

94 F.Supp.2d 1217

April 24, 2000 Order/Opinion

Opinion (Affirming the district court)

U. S. Court of Appeals for the Tenth Circuit

261 F.3d 970

Aug. 16, 2001 Order/Opinion
189

Memorandum Opinion and Order (Ruling on motions for summary judgment)

275 F.Supp.2d 1319

Aug. 5, 2003 Order/Opinion
200

Judgment

Feb. 5, 2004 Order/Opinion
254

Memorandum Opinion and Order (Denying plaintiffs motion to hold defendants in contempt)

Sept. 7, 2005 Order/Opinion
259

Memorandum Opinion and Order (Finding defendants in compliance with the judgment)

Oct. 21, 2005 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4945385/lewis-v-new-mexico-dept-he/

Last updated May 12, 2022

ECF Number Description Date Link
50

MEMORANDUM, OPINION, AND ORDER: by Chief Magistrate William Deaton denying in part pltfs' motion to compel [46-1] (cc: all counsel*) (dmw)

Feb. 18, 2000 RECAP
75

MEMORANDUM, OPINION, AND ORDER: by Judge Martha Vazquez granting/denying in part defts motion to dismiss action against deft for failure to state a claim upon which relief may be granted [12-1] granting/denying in part defts motion to dismiss based on sovereign immunity [25-1], denying defts' motion to dismiss pursuant to Rule 12(b)(6) [20-1] by Department of Human, Department of Health, J Alex Valdez, Gary Johnson (cc: all counsel*) (sl)

April 21, 2000 RECAP
76

AMENDED MEMORANDUM, OPINION, AND ORDER: by Judge Martha Vazquez granting/denying in part motion to dismiss action against deft for failure to state a claim upon which relief may be granted [12-1] denying/granting in part motion to dismiss based on sovereign immunity by Department of Human, Department of Health, J Alex Gary Johnson and denying motion to dismiss pursuant to Rule 12(b)(6) [20-1] by Department of Human, Department of Health, J Alex Valdez, Gary Johnson (cc: all counsel*) (jrm)

April 24, 2000 RECAP
85

MEMORANDUM, OPINION, AND ORDER: by Judge Martha Vazquez granting defts' motion to stay all proceedings pending appeal [82-1] and denying as moot defts' motion to stay discovery [78-1] Case stayed as to defts [85-2] (cc: all counsel*) (rd)

May 9, 2000 RECAP
93

MEMORANDUM, OPINION, AND ORDER: by District Judge Martha Vazquez denying pltfs' motion for certification of frivolousness re portion of interlocutory appeal [88-1] (cc: all counsel*) (rd)

March 1, 2001 RECAP
175

MEMORANDUM, OPINION, AND ORDER: by District Judge Martha Vazquez granting parties motion to substitute second amended complaint [105-1], denying deft's motion to dismiss pltf New Protection and Advocacy System, Inc [66-1] granting pltf's motion to file second complaint [70-1], granting deft's motion for summary judgment on claims of pltfs Ben Lewis, Aaron Norrid, Fred Romero, Faye Morgan and Deborah Eminger [58-1] (cc: all counsel*) (vv)

Nov. 5, 2002 RECAP
189

MEMORANDUM, OPINION, AND ORDER: by District Judge Martha Vazquez granting pltf's motion for summary judgment on Counts I and II of amended complaint [133-1] & deft's mtn on grounds of legislative immunity [136-1], denying deft's motion to strike all claims seeking class action-like relief [134-1] denying motion to strike affidavits supporting defts' opposition to pltfs' mtn for sum/jgm [159-1] by Aaron Norrid, Billy Jo Quisenberry, Faye Morgan, Deborah Eminger (cc: all counsel*) (PUBLISHED) (vv) Modified on 08/07/2003

Aug. 5, 2003 RECAP
230

MEMORANDUM, OPINION, AND ORDER: by Chief Judge Martha Vazquez granting pltf's motion for attorney fees & expenses [202-1] as described herein (cc: all counsel*) (vv)

Jan. 5, 2005 RECAP
254

MEMORANDUM, OPINION, AND ORDER: by Chief Judge Martha Vazquez denying pltf's motion for order to show cause why defts should not be held in contempt of Court failing to comply with Court's 2/5/04 judgment [232-1] & with 2/5/04 Order [222-1] (cc: all counsel) * (vv)

Sept. 7, 2005 RECAP
255

MEMORANDUM, OPINION, AND ORDER: by Chief Judge Martha Vazquez granting/denying in part pltf's motion to amend complaint [221-1] (cc: all counsel) * (vv)

Sept. 28, 2005 RECAP
256

MEMORANDUM, OPINION, AND ORDER: by Chief Judge Martha Vazquez denying motion for reconsideration of Memorandum Opinion & Order of 1/5/05 [238-1] by pltf (cc: all counsel) * (vv)

Sept. 28, 2005 RECAP
259

MEMORANDUM, OPINION, AND ORDER: by Chief Judge Martha Vazquez finding that the defts' have shown they are in compliance with the Court's 2/5/04 Judgment re [257-1] (cc: all counsel) (mjr)

Oct. 21, 2005 RECAP

State / Territory: New Mexico

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Jan. 7, 1999

Closing Date: Oct. 21, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals eligible to participate in Medicaid because of disabilities and an advocacy organization for disabled individuals.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New Mexico Department of Health (Santa Fe, Santa Fe), State

New Mexico Department of Human Services (Santa Fe, Santa Fe), State

New Mexico (Santa Fe, Santa Fe), State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

Benefit Source:

Medicaid