Case: People First of Tennessee v. Neal

3:01-cv-00272 | U.S. District Court for the Middle District of Tennessee

Filed Date: March 20, 2001

Closed Date: June 17, 2004

Clearinghouse coding complete

Case Summary

On March 20, 2001 People First of Tennessee and several developmentally disabled individuals filed suit against the Tennessee Department of Finance and Administration and the Tennessee Department of Education in the United States District Court for the Middle District of Tennessee. They alleged that the defendants had violated the Americans with Disabilities Act, the Medicaid Act, the Individuals with Disabilities Education Act, and the Due Process Clause of the Fourteenth Amendment. They cla…

On March 20, 2001 People First of Tennessee and several developmentally disabled individuals filed suit against the Tennessee Department of Finance and Administration and the Tennessee Department of Education in the United States District Court for the Middle District of Tennessee. They alleged that the defendants had violated the Americans with Disabilities Act, the Medicaid Act, the Individuals with Disabilities Education Act, and the Due Process Clause of the Fourteenth Amendment. They claimed that the defendants failed to provide timely community-based treatment, denied such treatment or the right to apply for such treatment to eligible individuals, did not make accommodations for individuals so that they could be treated in an integrated setting, did not properly notify individuals when they were denied services, and failed to provide Medicaid payments for services school-aged children were entitled to.

The court (Judge Robert L. Echols) consolidated the case with Brown v. Tennessee Department of Finance and Administration (Clearinghouse PB-TN-0001) on May 7, 2002 solely for the purposes of discovery. On May 7, 2003 the court (Judge Echols) certified the case as a class action. The parties then reached a settlement agreement, which the court (Judge Echols) approved on January 7, 2004. The settlement adds to the settlement reached in Brown, which included various measures to ensure more eligible individuals received community based treatment. The settlement in this case requires the state to conduct a public information campaign to make eligible individuals aware of community based treatment options and to compile data regarding the number of individuals eligible for such services who do not receive them.

Summary Authors

Michael Perry (3/10/2011)

People


Judge(s)

Echols, Robert L. (Tennessee)

Knowles, E. Clifton (Tennessee)

Attorneys(s) for Plaintiff

Buchanan, Gary (Tennessee)

Connette, Edward G. III (North Carolina)

Derryberry, Jack W. (Tennessee)

Gran, Judith A. (Pennsylvania)

Schwarz, Earle J. (Tennessee)

Attorneys(s) for Defendant

Dycus, Dianne Stanley (Tennessee)

Ross, Linda A. (Tennessee)

Summers, Paul G. (Tennessee)

Judge(s)

Echols, Robert L. (Tennessee)

Knowles, E. Clifton (Tennessee)

Attorneys(s) for Plaintiff

Buchanan, Gary (Tennessee)

Connette, Edward G. III (North Carolina)

Derryberry, Jack W. (Tennessee)

Gran, Judith A. (Pennsylvania)

Schwarz, Earle J. (Tennessee)

Attorneys(s) for Defendant

Dycus, Dianne Stanley (Tennessee)

Ross, Linda A. (Tennessee)

Summers, Paul G. (Tennessee)

Documents in the Clearinghouse

Document

Docket

June 28, 2004 Docket

Docket

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT (Summons(es) issued to be served to USAG); Filing fee paid in the amount of $150; Receipt # 78857 (bj) (Entered: 03/22/2001)

March 20, 2001
2

MOTION o/b/o pltfs for attorneys Judith Gran &Edward G. Connette to appear pro hac vice o/b/o pltfs (att'd certificates of good standing) (bj) (Entered: 03/22/2001)

March 20, 2001
3

CERTIFICATE of Good Standing filed from the USDC, Western District of N.C. by Edward G. Connette, atty for pltfs. (bj) (Entered: 03/22/2001)

March 20, 2001

PROPOSED Order granting pro hac vice status. (bj) (Entered: 03/22/2001)

March 20, 2001
4

NOTICE of Initial Case Management Conference: Case referred to Magistrate Judge E. C. Knowles ; Case Management Conference set for 11:00 a.m. on 5/31/01 (bj) (Entered: 03/22/2001)

March 20, 2001
6

RETURN OF SERVICE executed upon deft Vernon Coffey on 3/21/01 by personal service. (dlt) (Entered: 03/26/2001)

March 23, 2001
7

RETURN OF SERVICE executed upon deft Education TN Dept on 3/21/01 by personal service. (dlt) (Entered: 03/26/2001)

March 23, 2001
8

RETURN OF SERVICE executed upon deft TN Dept of Finance on 3/21/01 by personal service. (dlt) (Entered: 03/26/2001)

March 23, 2001
9

RETURN OF SERVICE executed upon deft Barbara Brent on 3/21/01 by personal service. (dlt) (Entered: 03/26/2001)

March 23, 2001
10

RETURN OF SERVICE executed upon deft C. Warren Neal on 3/21/01 by personal service. (dlt) (Entered: 03/26/2001)

March 23, 2001

PROPOSED Agreed Order extending answer ddl to 5/15/01. (bj) (Entered: 03/27/2001)

March 27, 2001
11

ORDER by Magistrate Judge E. C. Knowles: granting motion for attorneys Judith Gran &Edward G. Connette to appear pro hac vice o/b/o pltfs [2−1] (cc: all counsel) EOD 3/29/01 (bj) (Entered: 03/29/2001)

March 29, 2001
12

AGREED ORDER by Magistrate Judge E. C. Knowles: defts have until 5/15/01 to respond to the complaint. (cc: all counsel) EOD 4/2/01 (bj) (Entered: 04/02/2001)

March 30, 2001
13

MOTION by defts to dismiss complaint (bj) (Entered: 05/16/2001)

May 15, 2001
14

MEMORANDUM by defts C. Warren Neal, deft TN Dept of Finance, deft Barbara Brent, deft Mark E. Reynolds, deft Vernon Coffey and deft Education TN Dept in support of motion to dismiss complaint [13−1] (bj) (Entered: 05/16/2001)

May 15, 2001
15

CLERK'S RESUME: Case Management Conference held 5/31/01 ; mtn for ext of time to respond to mtn to dism will be granted; mtn to dism will be forwarded to Judge Echols for consideration; CMC to be cont'd for 60 days pending disp of mtn to dism; order to enter. C/R: Taped 2001−39 MK (bj) (Entered: 06/01/2001)

May 31, 2001
16

MOTION by pltf for extension of time to respond to motion to dismiss (bj) (Entered: 06/01/2001)

May 31, 2001

PROPOSED Order extending response ddl. (bj) (Entered: 06/01/2001)

May 31, 2001
17

ORDER by Magistrate Judge E. C. Knowles: counsel for the parties appeared for a CMC on 5/31/01; Case Management Conference reset for 11:00 a.m. 8/6/01 (cc: all counsel) EOD 6/4/01 (bj) (Entered: 06/04/2001)

June 1, 2001
18

ORDER by Magistrate Judge E. C. Knowles: granting motion for extension of time to respond to motion to dismiss [16−1]; pltf shall respond to defts' motion to dismiss complaint [13−1] by 6/20/01. (cc: all counsel) EOD 6/4/01 (bj) (Entered: 06/04/2001)

June 1, 2001
19

ORDER by Magistrate Judge E. C. Knowles: Case Management Conference reset for 11:00 on 8/16/01. EOD 6/13/01 (cc: all counsel) (gi) (Entered: 06/13/2001)

June 12, 2001
20

MEMORANDUM IN OPPOSITION/RESPONSE by pltfs to motion to dismiss complaint [13−1] (bj) (Entered: 06/21/2001)

June 20, 2001
21

REPLY by defts in support of Motion to Dismiss [13−1] (bj) (Entered: 07/09/2001)

July 6, 2001
22

SUPPLEMENTAL Brief supplementing Memorandum [20−1] by pltfs in Opposition to defts' motion to dismiss. (bj) (Entered: 08/08/2001)

Aug. 8, 2001
23

MOTION by pltfs to consolidate case with 3:00−cv−0655 or, in the alternative to intervene (att'd exhibit A) (bj) (Entered: 08/08/2001)

Aug. 8, 2001
24

BRIEF/MEMORANDUM by pltfs in support of motion to consolidate case with 3:00−cv−0655 [23−1], or motion to intervene [23−2] (att'd exhibit A) (bj) (Entered: 08/08/2001)

Aug. 8, 2001
26

RESPONSE by defts to motion to consolidate case with 3:00−cv−0655 [23−1] and motion to intervene [23−2] (bj) (Entered: 08/23/2001)

Aug. 22, 2001
27

RESPONSE by pltfs to motion to consolidate case with 3:00−cv−0655 [23−1] or, alternitively motion to intervene [23−2] (bj) (Entered: 08/27/2001)

Aug. 24, 2001
28

ORDER by Magistrate Judge E. C. Knowles: Case Management Conference reset for 11:00 a.m. 11/5/01 (cc: all counsel) EOD 9/21/01 (bj) (Entered: 09/21/2001)

Sept. 20, 2001
29

ORDER by Magistrate Judge E. C. Knowles: Case Management Conference reset for 10:30 a.m. 12/6/01 (cc: all counsel) EOD 11/7/01 (bj) (Entered: 11/07/2001)

Nov. 6, 2001
30

MEMORANDUM OF THE COURT (cc: all counsel) (EOD 4/2/02) (dlt) (Entered: 04/02/2002)

March 31, 2002
31

ORDER by Judge Robert L. Echols: For reasons explained in the Memorandum entered contemporaneously herewith, defts' motion to dismiss complaint [13−1] is denied. However, pltfs' motion to consolidate case with 3:00−cv−0655 [23−1] with member case 3:01−cv−272. Case referred to Magistrate Judge E. C. Knowles to immediately schedule a CMC. EOD 4/2/02 (cc: all counsel) (dlt) (Entered: 04/02/2002)

March 31, 2002
32

ORDER by Magistrate Judge E. C. Knowles; Case Management Conference set for 10:30 4/25/02; prior to the hearing, counsel for the parties are directed to confer on a proposed amended case management order, which shall be submitted prior to the case management conference. EOD 04/12/02 (cc: all counsel) (ot) (Entered: 04/12/2002)

April 12, 2002

PROPOSED Agreed Order continuing Case Management Conference to 05/16/02 at 11:00. (ot) (Entered: 04/26/2002)

April 26, 2002
33

AGREED ORDER by Magistrate Judge E. C. Knowles; parties have agreed that the Case Management Conference should be continued and is reset for 11:00 5/16/02. EOD 04/30/02 (cc: all counsel) (ot) (Entered: 04/30/2002)

April 30, 2002
34

ORDER by Judge Robert L. Echols; Case consolidated for pretrial and discovery purposes with civil action no. 3:00−665. After discovery has concluded, the Court will determine whether these cases should be consolidated for trial. As the cases are not consolidated for trial purposes at this time, all pleadings filed in each case shall retain the caption and case number of that case and shall be filed only in the case to which each pleading pertains. EOD 05/07/02 (cc: all counsel) (ot) (Entered: 05/07/2002)

May 7, 2002

JOINT PROPOSED Case Management Plan. (ot) (Entered: 05/15/2002)

May 15, 2002
35

CLERK'S RESUME; Case Management Conference held 5/16/02; proposed amended case management order submitted; dispositive motion ddl 01/13/03; non−jury trial set for 05/27/03 before Judge Echols; order to enter; settlement conference set before Magistrate Judge Knowles on 07/09/02 at 9:30. Order to enter. C/R : Tape No. 2002−33 MK (ot) (Entered: 05/17/2002)

May 16, 2002
36

JOINT CASE MANAGEMENT PLAN AND ORDER by Magistrate Judge E. C. Knowles; Discovery to be completed by 12/2/02; dispositive motion filing deadline 1/13/03; Jury trial set for 9:00 on 5/27/03 before Judge Echols. EOD 05/17/02 (cc: all counsel) (ot) (Entered: 05/17/2002)

May 16, 2002
37

ORDER by Magistrate Judge E. C. Knowles; settlement conference set for 9:30 7/9/02; by noon on 07/05/02, pltf and deft shall deliver under seal, directly to Marcia Knoch, Courtroom Deputy to Magistrate Judge Knowles, ex parte, separate settlement conference statements which shall specify their respective positions. The parties shall exchange offers and demands prior to the settlement Conference. EOD 05/20/02 (cc: all counsel) (ot) Modified on 05/20/2002 (Entered: 05/20/2002)

May 20, 2002
38

ORDER by Judge Robert L. Echols; Trial set for 9:00 5/27/03; pretrial conference set for 1:00 4/28/03; pretrial order to be submitted by 4/23/03; witness lists, exhibit lists and stipulations to be filed by 04/23/03; motions in limine and any motions objecting to expert testimony to be filed by 04/14/03 and any responses to such motions to be filed by 04/23/03; proposed findings of fact and conclusions of law shall be submitted (not filed) to the Courtroom Deputy, Ms. Vicki Kinkade, as directed by the Court. EOD 06/19/02 (cc: all counsel) (ot) (Entered: 06/19/2002)

June 19, 2002

PROPOSED Agreed Order of continuance through 07/08/02 in which to file an answer. (ot) (Entered: 06/26/2002)

June 25, 2002
39

AGREED ORDER of continuance by Magistrate Judge E. C. Knowles; defts shall have until 07/08/02 in which to file an answer in this matter. EOD 07/01/02 (cc: all counsel) (ot) (Entered: 07/01/2002)

June 28, 2002
40

ANSWER by defts Dr. Warren Neel, TN Dept of Finance and Administration, Richard Kellog, Manny Martins, Dr. Vernon Coffey and TN Dept. of Education to [1−1]. (ot) (Entered: 07/09/2002)

July 8, 2002
41

MOTION by pltfs for class action determination (w/proposed order) (ot) (Entered: 07/16/2002)

July 16, 2002
42

MEMORANDUM Of Law by pltfs in 3:01−cv−00272 in support of motion for class action determination [41−1]. (ot) (Entered: 07/17/2002)

July 16, 2002
43

RESPONSE by defts in opposition to motion for class certification [41−1]. (w/attached declaration of Joanna Damons) (ot) (Entered: 08/16/2002)

Aug. 15, 2002
44

DECLARATION by defts of Joanna Damons re [43−1]. (ot) (Entered: 08/16/2002)

Aug. 15, 2002
45

ORDER by Magistrate Judge E. C. Knowles; by 12:00 noon on 09/11/02 pltf and deft shall deliver under seal, directly to Ms. Marcia Knoch, Courtroom Deputy to Magistrate Judge Knowles, ex parte, separate settlement conference statements; settlement conference set for 9:30 9/13/02. EOD 08/29/02 (cc: all counsel) (ot) (Entered: 08/29/2002)

Aug. 28, 2002
46

CLERK'S RESUME; settlement conference held 9/13/02; parties were unable to reach a settlement agreement at this time; however, the parties will continue to talk, and plan to meet informally again on 10/01/02; parties will contact the Court if further settlement assistance is needed. (ot) (Entered: 09/17/2002)

Sept. 13, 2002

PROPOSED Agreed Protective Order. (ot) (Entered: 10/16/2002)

Oct. 16, 2002
47

AGREED PROTECTIVE ORDER by Magistrate Judge E. C. Knowles: disclosure of any documents, whether written or electronic, produced by the state defts containing identifying information concerning any applicant or recipient of services is agreed to be confidential and shall be subject to the provisions of this agreement; any proper person to whom any information identified in paragraph 1 is disclosed under the terms of this agreement shall be provided a copy of this order and is directed not to reveal the contents thereof for any purpose other than as permited in this order or a subsequent order of this Court. The use of any information identified in paragraph 1 for any purpose other than the prepartaton and trial of the case or other proceedings related to this litigation is prohibited, except as allowed by statute or modified by subsequent order of this Court. EOD 10/25/02 (cc: all counsel) (ot) (Entered: 10/25/2002)

Oct. 24, 2002

PROPOSED Joint Agreed Amended Case Management Order (jb) (Entered: 12/02/2002)

Nov. 27, 2002
48

JOINT AGREED AMENDED CASE MANAGEMENT ORDER by Magistrate Judge E. C. Knowles; parties will conduct fact discovery until 01/03/03; dispositive motions to be filed by 2/18/03; case is set for trial before Honorable Robert Echols on 05/27/03 at 9:00. EOD 12/04/02 (cc: all counsel) (ot) (Entered: 12/04/2002)

Dec. 4, 2002
49

MOTION by pltfs for summary judgment (w/proposed order) (gi) (Entered: 02/18/2003)

Feb. 18, 2003
50

MOTION by pltfs for leave to file memorandum in excess of 25 pages (w/attached memorandum in support of mtn for summary judgment, statement of uncontested material facts, ntc of filing &proposed order) (gi) (Entered: 02/18/2003)

Feb. 18, 2003
52

ORDER by Judge Robert L. Echols denying motion for class action determination [41−1] and denying mtn to consolidate [23−1] with respect to the request for consolidation of the instant case with civil action 3:00−0665 for trial purposes for reasons explained in the accompanying memorandum. Case referred to Magistrate Judge E. C. Knowles for further case management. EOD 2/19/03 (cc: all counsel) (gi) (Entered: 02/19/2003)

Feb. 18, 2003
53

MOTION by defts for summary judgment (gi) (Entered: 02/20/2003)

Feb. 18, 2003
54

MEMORANDUM by defts in support of motion for summary judgment [53−1] (w/attachments) (gi) (Entered: 02/20/2003)

Feb. 18, 2003
55

STATEMENT of undisputed facts by defts in support of [53−1] (gi) (Entered: 02/20/2003)

Feb. 18, 2003
56

NOTICE by defts of filing documents: excerpts of depositions of Damons, Dungan, Martins and Tighe and declaration of Kellogg (gi) (Entered: 02/20/2003)

Feb. 18, 2003
57

DECLARATION of Richard Kellogg re [53−1] (w/exhibits 1−4) (gi) (Entered: 02/20/2003)

Feb. 18, 2003
58

ORDER by Magistrate Judge E. C. Knowles granting motion for leave to file memorandum in excess of 25 pages [50−1]. EOD 2/26/03 (cc: all counsel) (gi) (Entered: 02/26/2003)

Feb. 25, 2003
59

MEMORANDUM by pltfs in support of motion for summary judgment [49−1] (gi) (Entered: 02/26/2003)

Feb. 26, 2003
60

STATEMENT of uncontested material facts by pltfs in support of [49−1] (gi) (Entered: 02/26/2003)

Feb. 26, 2003
61

JOINT NOTICE by pltfs of filing of documents (1−14) in support of mtns for summary judgment in civil action nos. 3:00−0665 and 3:01−0272 (documents 1−14 are filed in 3:00−0665) (gi) (Entered: 02/26/2003)

Feb. 26, 2003
62

RESPONSE by defts in opposition to motion for summary judgment [49−1]. (ot) (Entered: 03/18/2003)

March 17, 2003
63

NOTICE by defts of filing of declarations of Joanna Damons, Kathleen Dungan and Kellie Mccain re [62−1]. (w/attached copy of declartion of Joanna Damons and originals of Kathleen Dungan and Kellie Mccain) (ot) (Entered: 03/18/2003)

March 17, 2003
64

DECLARATION by defts of Kathleen Dungan re [62−1] (ot) (Entered: 03/18/2003)

March 17, 2003
65

DECLARATION by defts of Kellie McCain re [62−1] (ot) (Entered: 03/18/2003)

March 17, 2003
66

RESPONSE by defts to statement of uncontested material facts [60−1]. (ot) (Entered: 03/18/2003)

March 17, 2003
67

RESPONSE by pltfs in opposition to motion for summary judgment [53−1] (ot) (Entered: 03/18/2003)

March 17, 2003
68

RESPONSE by pltfs to statement of undisputed material facts [55−1] (ot) (Entered: 03/18/2003)

March 17, 2003
69

REPLY by defts in support of motion for summary judgment [53−1] (ot) (Entered: 04/01/2003)

March 31, 2003
70

REPLY by pltfs to response in opposition to motion for summary judgment [49−1] (ot) (Entered: 04/01/2003)

March 31, 2003
71

RENEWED MOTION by pltfs for class certification (ot) (Entered: 04/07/2003)

April 4, 2003
72

MEMORANDUM by pltfs in support of renwed motion for class certification [71−1] (ot) (Entered: 04/07/2003)

April 4, 2003
74

RESPONSE by defts in opposition to renewed motion for class certification [71−1] (vh) (Entered: 04/21/2003)

April 21, 2003
75

WITNESS/EXHIBIT list by defts (vh) (Entered: 04/23/2003)

April 23, 2003

JOINT PROPOSED Pretrial Order (vh) (Entered: 04/24/2003)

April 23, 2003
76

WITNESS/EXHIBIT list by pltfs (vh) (Entered: 04/24/2003)

April 23, 2003
77

STIPULATIONS submitted by parties (vh) (Entered: 04/24/2003)

April 23, 2003
78

CLERK'S RESUME: Pretrial conference held 5/2/03. Court is prepared to issue orders denying pending mtns for summary judgment. Court proposed discussion of consolidating cases which are presently consolidated for discovery for trial. Trial time estimated as 6−8 days. Court will contact mediator Norris and set up meeting at mutually convenient time. Trial date will probably be continued with the understanding that trial could be reset the end of Sept or mid November. C/R: Cathy Leigh (gi) (Entered: 05/05/2003)

May 2, 2003
79

MEMORANDUM OF THE COURT (cc: all counsel) EOD 5/7/03 (vh) (Entered: 05/07/2003)

May 7, 2003
80

ORDER by Judge Robert L. Echols: For the reasons stated in the memorandum entered contemporaneously entered herewith pltfs' renewed motion for class certification [71−1] is granted in part and denied in part. Pltfs' request to certify subclass four is granted, but denied in all other respects. Pltfs' motion for summary judgment [49−1] is denied. Defts' motion for summary judgment [53−1] is denied. (cc: all counsel) EOD 5/7/03 (vh) (Entered: 05/07/2003)

May 7, 2003

PROPOSED Settlement Agreement (vh) (Entered: 12/18/2003)

Dec. 17, 2003

PROPOSED Stipulation of Settlements and Order of Provisional Approval of Settlement Agreements (w/attached exhibits A−C)(Exhibit A−Settlement Agreement in 3:00−0665; Exhibit B−Settlement Agreement in 3:01−0272; Exhibit C−Ntc of Proposed Settlements of Class Action Lawsuits in both actions) (gi) (Entered: 01/07/2004)

Dec. 17, 2003
81

STIPULATION OF SETTLEMENTS and ORDER OF PROVISIONAL APPROVAL OF SETTLEMENT AGREEMENTS by Judge Robert L. Echols: The form of ntc att'd hereto as Exhibit C is hereby approved. W/in 7 days following entry of this Order, State of Tennessee shall furnish to counsel for the other parties an electronic file containing the names &last known addresses of the individuals. W/in 14 days of the entry of this Order, the State will send the ntc of proposed class action settlement att'd hereto as Exhibit C to all individuals. Class members shall have 10 days prior to the date of the Fairness hearing to file written objections to the proposed settlement. Fairness hearing set for 1:30 p.m. on 4/12/04 . Any objections to the final approval of the settlement agreements must be filed w/ the Clerk's office 10 days prior to the fairness hearing. (w/ att'd exhibits A Settlement Agreement, B Settlement Agreement, C Ntc of Proposed Settlements of Class Action Lawsuits) (EOD 2/6/04) (cc: all counsel) (dlt) (Entered: 02/06/2004)

Jan. 27, 2004
82

CLERK'S RESUME: Fairness Hearing held 4/12/04 ; Pltf's Witness: Judy Brookshire; The Court is inclined to approve the proposed settlement in this case; order to enter. After the hearing, counsel for pltf was directed to submit a proposed final settlement order. C/R: Cathy Leigh (jb) (Entered: 04/15/2004)

April 12, 2004

PROPOSED Agreed Order re settlement agreement (w/attached exhibit A) (km) (Entered: 04/20/2004)

April 20, 2004
83

AGREED ORDER by Judge Robert L. Echols: Defts shall pay pltfs' reasonable atty fees. Pltfs shall submit their application for a fee award for legal services rendered to date within 45 days of the entry of this order. Based upon the approval of the settlement agreement in this matter, this action is dismissed with prejudice

June 17, 2004

3:01-cv-00272 As of: 03/06/2011 02:43 PM CST(cid:10) 10 of 11(cid:10) but with the court retaining jurisdiction for any award of atty fees. Settlement agreement as attached as Exhibit A is approved. (EOD 6/17/04) (cc: all counsel) (km) (Entered: 06/17/2004)

84

JOINT APPLICATION by pltfs for an award of attorneys' fees and reimbursement of expenses (km) (Entered: 06/17/2004)

June 17, 2004
85

AGREED ORDER by Judge Robert L. Echols granting motion for an award of attorneys' fees and reimbursement of expenses [84−1] in the amount of $211,383.40 to be paid by the State of Tennessee. (EOD 6/28/04) (cc: all counsel) (km) (Entered: 06/28/2004)

June 28, 2004

State / Territory: Tennessee

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: March 20, 2001

Closing Date: June 17, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An advocay organization and several developmentally disabled individuals.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Tennessee Department of Finance and Administration (Nashville, Davidson), State

Tennessee Department of Education (Nashville, Davidson), State

Case Details

Causes of Action:

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

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

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

Benefit Source:

Medicaid