Case: Travis v. Hawkins

1:02-cv-00231 | U.S. District Court for the Eastern District of Texas

Filed Date: Sept. 6, 2002

Closed Date: Oct. 12, 2006

Clearinghouse coding complete

Case Summary

On September 6, 2002 twenty-one developmentally disabled individuals and an advocacy organization, the ARC of Texas, filed suit against the Texas Department of Human Services, the Texas Department of Mental Health & Mental Retardation, and the Texas Health and Human Services Commission in the United States District Court for the Eastern District of Texas. They alleged that the defendants had violated the Americans with Disabilities Act, the Rehabilitation Act, the Medicaid Act, the Fourteenth …

On September 6, 2002 twenty-one developmentally disabled individuals and an advocacy organization, the ARC of Texas, filed suit against the Texas Department of Human Services, the Texas Department of Mental Health & Mental Retardation, and the Texas Health and Human Services Commission in the United States District Court for the Eastern District of Texas. They alleged that the defendants had violated the Americans with Disabilities Act, the Rehabilitation Act, the Medicaid Act, the Fourteenth Amendment, and 42 U.S.C. § 1983 by failing to provide sufficient community based services to which the plaintiffs were entitled. This meant they were needlessly confined or might be forced to leave their families. They also alleged that the defendants were unlawfully restricting their choice of services, denying them the opportunity to apply for services, and failing to provide prompt services. They sought class action status and declaratory and injunctive relief.

On March 17, 2003 the court (Judge Ron Clark) transferred the case to the Western District of Texas because that was where some of the plaintiffs and all of the defendants resided. On May 23, 2003 the court (Judge Sam Sparks) granted in part and denied in part the defendants' motion to dismiss based on sovereign immunity grounds. The defendants appealed to the Fifth Circuit Court of Appeals but on August 11, 2004 the Court of Appeals (Judges Garza, King, and Reavley) affirmed the district court.

The parties then proceeded into discovery in preparation for trial. The court (Judge Sparks) granted the plaintiffs' motion to withdraw their motion for class certification on October 15, 2005. On May 22, 2006 the court (Judge Sparks) denied or dismissed all pending motions for summary judgment. A trial was then delayed as the parties pursued settlement negotiations. A settlement was reached and on October 6, 2006 the parties filed a joint stipulation of dismissal with prejudice. On October 12, 2006 the court (Judge Sparks) dismissed the case. The details of the settlement are not known.

Summary Authors

Michael Perry (3/27/2011)

People


Judge(s)

Clark, Ron (Texas)

Garza, Emilio M. (Texas)

Heartfield, Thad (Texas)

King, Carolyn Dineen (Texas)

Reavley, Thomas Morrow (Texas)

Sparks, Sam (Texas)

Attorneys(s) for Plaintiff

Corbett, Garth Anthony (Texas)

Courtney, Geoffrey N. (Texas)

Keahy, James H. (Texas)

Reed, Noelle M. (Texas)

Judge(s)

Clark, Ron (Texas)

Garza, Emilio M. (Texas)

Heartfield, Thad (Texas)

King, Carolyn Dineen (Texas)

Reavley, Thomas Morrow (Texas)

Sparks, Sam (Texas)

Attorneys(s) for Plaintiff

Corbett, Garth Anthony (Texas)

Courtney, Geoffrey N. (Texas)

Keahy, James H. (Texas)

Reed, Noelle M. (Texas)

Attorneys(s) for Defendant

Abbott, Greg (Texas)

Burbach, Edward Donald (Texas)

Capelle, Stephen H. (Texas)

Cruz, Rafael Edward (Ted) (Texas)

Henneke, Robert (Texas)

Henneke [inactive], Robert E. (Texas)

Horne, Edwin N. (Texas)

Johnson, Lara Michelle (Texas)

Juren, Nancy K. (Texas)

McBee, Barry Ross (Texas)

O'Keefe, Robert B. (Texas)

Salisbury, Richard E. (Texas)

Sullivan, Kent C. (Texas)

Warr, Amy (Texas)

Other Attorney(s)

Acosta, R. Alexander (District of Columbia)

Adams, Rachel A. (District of Columbia)

Frey, Jeffrey (District of Columbia)

Lockwood, Karen M. (District of Columbia)

Russell, Kevin K. (District of Columbia)

Silver, Jessica Dunsay (District of Columbia)

Documents in the Clearinghouse

Document

Docket

McCarthy v. Gilbert

April 16, 2003 Docket

Docket

McCarthy v. Hawkins

U. S. Court of Appeals for the Fifth Circuit

Feb. 25, 2005 Docket

Docket

U.S. District Court for the Western District of Texas

Oct. 12, 2006 Docket
1

Complaint

McCarthy v. Gilbert

Sept. 4, 2002 Complaint
41

Memorandum and Order (Transferring case to the Western District of Texas)

McCarthy v. Gilbert

March 17, 2003 Order/Opinion
11

Order (Granting in part and denying in part the defendants' motion to dismiss)

McCarthy v. Gilbert

U.S. District Court for the Western District of Texas

May 23, 2003 Order/Opinion

Brief of Defendants-Appellants

McCarthy v. Hale

U. S. Court of Appeals for the Fifth Circuit

Aug. 13, 2003 Pleading / Motion / Brief

Brief of Plaintiffs-Appellees

McCarthy v. Hale

U. S. Court of Appeals for the Fifth Circuit

Oct. 20, 2003 Pleading / Motion / Brief

Brief for the United States as Intervenor

McCarthy v. Hale

U. S. Court of Appeals for the Fifth Circuit

Nov. 5, 2003 Pleading / Motion / Brief

Brief of Amici Curiae Supporting Appellees

McCarthy v. Hale

U. S. Court of Appeals for the Fifth Circuit

Nov. 10, 2003 Pleading / Motion / Brief

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

Original Complaint filed. Cause: 42:12181 American Disability Act (bst) (Entered: 09/09/2002)

Sept. 6, 2002

Filing Fee Paid; FILING FEE $ 150 RECEIPT # 105899 (bst) (Entered: 09/09/2002)

Sept. 6, 2002

Summons(es) issued for Don A Gilbert, Karen F Hale, James R Hine &mailed to pla's atty for service (bst) (Entered: 09/09/2002)

Sept. 9, 2002

Magistrate consent forms mailed to pla's atty Geoffrey N Courtney (bst) (Entered: 09/09/2002)

Sept. 9, 2002
2

Motion by Don A Gilbert, Karen F Hale, James R Hine for extension of time to file responsive pleading (bjc) (Entered: 10/07/2002)

Oct. 4, 2002
3

Return of service executed as to Don A Gilbert 9/23/02 on sum/cmp. Answer due on 10/14/02 for Don A Gilbert (bjc) (Entered: 10/07/2002)

Oct. 7, 2002
4

Return of service executed as to Karen F Hale 9/23/02 on sum/cmp. Answer due on 10/14/02 for Karen F Hale (bjc) (Entered: 10/07/2002)

Oct. 7, 2002
5

Return of service executed as to James R Hine 9/23/02 on sum/cmp. Answer due on 10/14/02 for James R Hine (bjc) (Entered: 10/07/2002)

Oct. 7, 2002
6

ORDER granting [2−1] motion for extension of time to file responsive pleading; reset answer due on 11/1/02 for James R Hine, Karen F Hale, Don A Gilbert (signed by Judge Thad Heartfield) cc: attys 10/7/02 (bjc) (Entered: 10/07/2002)

Oct. 7, 2002
7

1st Amended complaint by all plas', amending [1−1] complaint added plas' Patrick Sostack, Scott Sostack, Shyan Forough, David Zweifel (bjc) (Entered: 10/17/2002)

Oct. 15, 2002
8

Motion by Don A Gilbert, Karen F Hale, James R Hine to extend time to file responsive pleading to pltf's first amended complaint. (rll) (Entered: 10/30/2002)

Oct. 30, 2002
9

ORDER granting [8−1] motion to extend time, reset answer due on 11/22/02 for James R Hine, for Karen F Hale, for Don A Gilbert ( signed by Judge Thad

Oct. 30, 2002
11

Motion by Don A Gilbert, Karen F Hale, James R Hine for extension of time to file resp to plas' mo for class certification (bjc) (Entered: 11/25/2002)

Nov. 22, 2002
12

MOTION by Don A Gilbert, Karen F Hale, James R Hine to exceed page limitation − motion to dismiss (bjc) (Entered: 11/25/2002)

Nov. 22, 2002
13

MOTION by Don A Gilbert, Karen F Hale, James R Hine to transfer venue (bjc) (Entered: 11/25/2002)

Nov. 22, 2002
14

MOTION by Don A Gilbert, Karen F Hale, James R Hine to dismiss pla ARC of TX (bjc) (Entered: 11/25/2002)

Nov. 22, 2002
15

ORDER granting [12−1] motion to exceed page limitation − motion to dismiss (signed by Judge Thad Heartfield 11/25/02 ) cc: attys 11/27/02 (bjc) (Entered: 11/27/2002)

Nov. 26, 2002
16

MOTION by Don A Gilbert, Karen F Hale, James R Hine to dismiss case (bjc) (Entered: 11/27/2002)

Nov. 26, 2002
17

Memorandum in opposition by all plas' to dfts' [14−1] motion to dismiss pla ARC of TX (bjc) Modified on 12/10/2002 (Entered: 12/10/2002)

Dec. 9, 2002
18

Memorandum in opposition by all plas' to dfts' [11−1] motion for extension of time to file resp to plas' mo for class certification (bjc) (Entered: 12/10/2002)

Dec. 9, 2002
19

Memorandum in opposition by all plas' to dfts' [13−1] motion to transfer venue (bjc) (Entered: 12/10/2002)

Dec. 9, 2002
20

Motion by all plas' for extension of time to file resp to dfts' mo to dismiss (bjc) Modified on 12/10/2002 (Entered: 12/10/2002)

Dec. 9, 2002
21

Reply by Don A Gilbert, Karen F Hale, James R Hine to memorandum in opposition to [13−1] motion to transfer venue (mrp) (Entered: 12/13/2002)

Dec. 13, 2002
22

Supplemental [13−1] motion to transfer case − supplemental by Don A Gilbert, Karen F Hale, James R Hine (mrp) (Entered: 12/13/2002)

Dec. 13, 2002
23

Reply by Don A Gilbert, Karen F Hale, James R Hine to response to [10−1] motion to certify class action (mrp) (Entered: 12/13/2002)

Dec. 13, 2002
24

Reply by Don A Gilbert, Karen F Hale, James R Hine to response to [14−1] motion to dismiss pla ARC of TX (mrp) (Entered: 12/13/2002)

Dec. 13, 2002
25

Response by Don A Gilbert, Karen F Hale, James R Hine to [16−1] motion to dismiss case (mrp) (Entered: 12/17/2002)

Dec. 16, 2002

ORDER transferring this case to the docket of Judge Ron Clark ( signed by Judge Thad Heartfield ) **ORIGINAL ORDER EOD IN 1:99cv83** (jec) (Entered: 12/19/2002)

Dec. 16, 2002

Case reassigned to Judge Ron Clark (jec) (Entered: 12/19/2002)

Dec. 16, 2002
26

Sur−reply by Christy McCarthy, Todd Gordon, Allison Pratt, Gail Truman, Jim Floyd Jr, Sam Lindsay, Oshea Brooks, Joe Ray Comacho, Micha Chastain, AL, The ARC of Texas, Sue Ann Ortiz, Patrick Sostack, Scott Sostack, Shyan Forough, David Zweifel to dfts' [13−1] motion to transfer venue (bjc) (Entered: 12/24/2002)

Dec. 23, 2002
27

2nd Amended complaint by all plas', amending [1−1] complaint added plas' Ashton Bowlen, Tyler Blanchard, Garrett Gillard, Kameron Lane, Madison Polk, Paige Smith (bjc) (Entered: 12/24/2002)

Dec. 23, 2002
28

MOTION by Don Green, Karen F Hale, James R Hine for leave to file response to pltfs' venue sur−reply to defts' motion to transfer venue (tkd) (Entered: 01/07/2003)

Jan. 6, 2003
30

Response by Albert Hawkins, Karen F Hale, James R Hine to pltfs' sur−reply to [13−1] motion to transfer venue (tkd) (Entered: 01/16/2003)

Jan. 15, 2003
31

MOTION by Albert Hawkins, Karen F Hale, James R Hine to strike [27−1] second amended complaint , or in the alternative, to amend [16−1] motion to dismiss (tkd) (Entered: 01/16/2003)

Jan. 15, 2003
32

Response by all plaintiffs to [31−1] motion to strike [27−1] second amended complaint, and [31−2] motion to amend [16−1] motion to dismiss (tkd) (Entered: 01/22/2003)

Jan. 21, 2003
32

MOTION by all plaintiffs for leave to file second amended complaint (tkd) (Entered: 01/22/2003)

Jan. 21, 2003
33

Reply by James R Hine, Albert Hawkins, Karen F Hale to response to [31−2] motion to amend [16−1] motion to dismiss, [31−1] motion to strike [27−1] second amended complaint (fbc) (Entered: 01/27/2003)

Jan. 27, 2003
34

Response by Albert Hawkins, Karen F Hale, James R Hine to plas' [32−1] motion for leave to file second amended complaint (bjc) (Entered: 01/30/2003)

Jan. 30, 2003
35

MOTION by all plaintiffs to exceed page limit on their response to motion to dismiss (tkd) (Entered: 02/05/2003)

Feb. 4, 2003
36

Reply by all plaintiffs to response to [32−1] motion for leave to file second amended complaint (tkd) (Entered: 02/05/2003)

Feb. 4, 2003
37

MOTION by Albert Hawkins, Karen F Hale, James R Hine to extend time to file reply to pltfs' response to motion to dismiss (tkd) (Entered: 02/06/2003)

Feb. 6, 2003
38

Initial ORDER governing proceedings; management conference set for 11:00 5/9/03 ; Rule 26(f) conference deadline 4/8/03 ( signed by Judge Ron Clark ) cc attys 2/13/03 (bsw) (Entered: 02/13/2003)

Feb. 13, 2003
39

Joint MOTION by all parties to stay initial order governing proceedings (tkd) (Entered: 03/07/2003)

March 6, 2003
40

ORDER granting [39−1] motion to stay. The parties are relieved of their obligations under the initial order governing proceedings until a decision is made on motion to transfer venue, or until 5/9/03, whichever is later (signed by Judge Ron Clark) cc attys 3/11/03 (tkd) (Entered: 03/11/2003)

March 10, 2003
41

Memorandum and Order granting [13−1], [22−1] motions to transfer. Ordered that this case is transferred to the Western District of Texas, Austin Division (signed by Judge Ron Clark) cc attys 3/18/03 (tkd) (Entered: 03/18/2003)

March 17, 2003
42

Notice of Cancellation: Management Conference Hrg canceled for 5/9/03 at 11:00 am before Judge Clark cc: RC, attys of record 3/19/03 (bca) (Entered: 03/18/2003)

March 18, 2003
43

MOTION by all plaintiffs for reconsideration of [41−1] memorandum and order granting motion to transfer (tkd) (Entered: 03/25/2003)

March 24, 2003
44

ORDER denying [43−1] motion for reconsideration of [41−1] memorandum and order granting motion to transfer (signed by Judge Ron Clark) cc attys 4/2/03 (tkd) (Entered: 04/02/2003)

April 1, 2003

Interdistrict transfer to the Western District of Texas, Austin Division (tkd) (Entered: 04/08/2003)

April 8, 2003

Acknowledgement of receipt of original record by W/D of TX Austin Div on 4/11/03 and assigned case number A03ca231 SS (fbc) (Entered: 04/17/2003)

April 16, 2003

State / Territory: Texas

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Sept. 6, 2002

Closing Date: Oct. 12, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Twenty one individuals who suffer from developmental disabilities and an advocacy group.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

The Texas Department of Mental Health & Mental Retardation (Austin, Travis), State

The Texas Department of Human Services (Austin, Travis), State

The Texas Health and Human Services Commission (Austin, Travis), State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

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

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

Benefit Source:

Medicaid