Case: M.R. v. Dreyfus

2:10-cv-02052 | U.S. District Court for the Western District of Washington

Filed Date: Dec. 23, 2010

Closed Date: Sept. 20, 2013

Clearinghouse coding complete

Case Summary

This federal lawsuit is a challenge to a reduction in in-home personal care hours provided to eligible Medicaid recipients in Washington. The plaintiffs in this case were individuals with disabilities who receive in-home personal care and would risk institutionalization if the amount of in-home care is insufficient to meet their care needs (which were determined by the state's individualized assessment process under Medicaid). There are also three organizational plaintiffs which serve individua…

This federal lawsuit is a challenge to a reduction in in-home personal care hours provided to eligible Medicaid recipients in Washington. The plaintiffs in this case were individuals with disabilities who receive in-home personal care and would risk institutionalization if the amount of in-home care is insufficient to meet their care needs (which were determined by the state's individualized assessment process under Medicaid). There are also three organizational plaintiffs which serve individuals with disabilities in Washington.

After Washington announced its reduction of care hours (deemed necessary to control state spending), the plaintiffs filed a complaint in the U.S. District Court for the Western District of Washington on December 23, 2010 and sought to prevent the reductions from taking effect by filing an accompanying motion for a temporary restraining order and preliminary injunction. On December 30, District Judge Thomas S. Zilly denied the motion for a temporary restraining order. The United States filed a statement of interest supporting the plaintiffs' motion for preliminary injunction in January 2011. After some scheduling issues and minor motions, Judge Zilly denied the plaintiffs' motion for preliminary injunction on February 9, 2011. The plaintiffs then appealed this decision to the U.S. Court of Appeals for the Ninth Circuit.

In December 2011, Judge William Fletcher, writing for a 2-1 majority, reversed the District Court's denial of the plaintiff's motion for preliminary injunction. Judge Fletcher's opinion held that the plaintiffs had demonstrated a likelihood of success on the merits of their ADA claims, and that they would suffer irreparable harm without an injunction. In June 2012, the Ninth Circuit declined to rehear the case en banc.

In October 2012, Washington Governor Christine Gregoire (press release) decided not to appeal the denial of preliminary injunction to the U.S. Supreme Court, thanks in part to an advocacy effort on the part of disability rights organizations.

On May 23, 2013, defendants moved for partial summary judgment on the Due Process claims. Plaintiffs filed a cross-motion for partial summary judgment on June 17. The parties jointly moved to withdraw their motions on July 18, 2013 to engage in settlement discussions aimed at resolving the case. The court granted their joint motion on July 22. The parties reached a settlement agreement, and the court dismissed the case on September 20, 2013, leaving open the option for parties to reopen the case within 60 days. Since neither party did so, the case is presumably closed. The exact terms of the settlement agreement are unknown.

Summary Authors

Beth Kurtz (11/9/2012)

Elizabeth Heise (11/11/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4410752/parties/mr-v-dreyfus/


Judge(s)

Bea, Carlos T. (California)

Attorney for Plaintiff

Berzon, Stephen P. (California)

Attorney for Defendant

Bashford, Jonathon (Washington)

Expert/Monitor/Master/Other

Bailey, Regan Monica (Maryland)

Bird, Melinda R. (California)

show all people

Documents in the Clearinghouse

Document

2:10-cv-02052

Docket

Jan. 30, 2018

Jan. 30, 2018

Docket
11

2:10-cv-02052

Motion for Temporary Restraining Order and Preliminary Injunction

Dec. 23, 2010

Dec. 23, 2010

Pleading / Motion / Brief
61

2:10-cv-02052

Amended Complaint for Declaratory and Injunctive Relief

Dec. 31, 2010

Dec. 31, 2010

Complaint
76

2:10-cv-02052

Order Denying Temporary Restraining Order

Jan. 5, 2011

Jan. 5, 2011

Order/Opinion

2011 WL 31553

95

2:10-cv-02052

Motion for Preliminary Injunction

Jan. 21, 2011

Jan. 21, 2011

Pleading / Motion / Brief
171

2:10-cv-02052

Order Denying Preliminary Injunction

Feb. 9, 2011

Feb. 9, 2011

Order/Opinion

767 F.Supp.2d 1149

2:10-cv-02052

Ninth Circuit Opinion

U.S. Court of Appeals for the Ninth Circuit

Dec. 16, 2011

Dec. 16, 2011

Order/Opinion

663 F.3d 1100

2:10-cv-02052

Order Amending Opinion and Denying Rehearing

U.S. Court of Appeals for the Ninth Circuit

June 18, 2012

June 18, 2012

Order/Opinion

697 F.3d 706

269

2:10-cv-02052

Defendants' Motion for Partial Summary Judgment On Due Process Claims (GRANTED)

May 23, 2013

May 23, 2013

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4410752/mr-v-dreyfus/

Last updated March 27, 2025, 8:04 a.m.

ECF Number Description Date Link Date / Link

Summons Issued as to COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, ALLEN D. BIEHLER. (sdp) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 9 Answer to Complaint ERROR: Jury demand is not present in the document CORRECTION: to file a Request for Jury Demand. This message is for informational purposes only. (sdp) (Entered: 06/30/2006)

June 30, 2006

June 30, 2006

TEXT NOTICE of Case Management Conference; PLEASE TAKE NOTICE THAT THE Case Management Conference previously set for 8/23/06 has been RESCHEDULED for 8/22/2006 AT 10:00 AM in Courtroom C before Judge Sean J. McLaughlin. Text−only entry; no PDF document will issue. This text−only entry constitutes the Court's order or notice on the matter. (nk) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

TEXT NOTICE of Status Conference; PLEASE TAKE NOTICE THAT a Status Conference is set for 9/13/2006 at 9:30 AM in Courtroom C before Judge Sean J. McLaughlin. Text−only entry; no PDF document will issue. This text−only entry constitues the Court's order or notice on the matter. (nk) (Entered: 08/22/2006)

Aug. 22, 2006

Aug. 22, 2006

Text Minute Entry for proceedings held before Judge Sean J. McLaughlin : Case Management Conference held on 8/22/2006. Case Mangement Order to follow; Stats conference set for 9/13/06 at 9:30 am. Text−only entry; no PDF document will issue. This text−only entry constitues the Court's order or notice on the matter. (Court Reporter Ron Bench.)(nk) (Entered: 08/22/2006)

Aug. 22, 2006

Aug. 22, 2006

TEXT NOTICE of Status Conference. PLEASE TAKE NOTICE that the Status Conference set for 9/13/2006 will be held at 9:15 AM in Courtroom C before Judge Sean J. McLaughlin. The Attorney General's office will participate by phone. Text−only entry; no PDF document will issue. This text−only entry constitues the Court's order or notice on the matter.(nk) (Entered: 09/07/2006)

Sept. 7, 2006

Sept. 7, 2006

CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 15 Stipulation,. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. This message is for informational purposes only., CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: Wrong event selected. CORRECTION: The proper attorney should refile this as a consent. (sdp) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

Summons Issued as to CITY OF ERIE, PENNSYLVANIA, CITY OF MEADVILLE, PENNSYLVANIA. (sdp) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

Text Minute Entry for proceedings held before Judge Sean J. McLaughlin : Status Conference held on 9/13/2006. Another Status Conference will be held on 10/6/06 at 2:30 pm. Text−only entry; no PDF document will issue. This text−only entry constitutes the Courts order or notice on the matter. (Court Reporter Ron Bench.) (nk) (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

TEXT NOTICE of Status Conference set for 10/6/2006 02:30 PM in Courtroom C before Sean J. McLaughlin. Text−only entry; no PDF document will issue. This text−only entry constitutes the Courts order or notice on the matter.(nk) (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

NOTICE of Hearing Status Conference; PLEASE TAKE NOTICE that a TELEPHONIC status conference has been scheduled for 10/2/2006 at 1:30 PM before Judge Sean J. McLaughlin. Attorney Markham will initiate the call, with all counsel on the and call the conference line at 814−464−9615. Also, please take note that the Status Conference previously set for 10/6/06 at 2:30 pm has been changed to 11:00 in Courtroom C, before the Honorable Sean J. McLaughlin. Text−only entry; no PDF document will issue. This text−only entry constitutes the Courts order or notice on the matter(nk) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

Text Minute Entry for proceedings held before Judge Sean J. McLaughlin : Status Conference held on 10/2/2006. Status Conference previously scheduled for 10/6/06 at 10:00 am has been RESCHEDULED for 10/12/06 at 9:00 am. Oral Order that Parties are to meet and confer with their positions before the next Status Conference. Text−only entry; no PDF document will issue. This text−only entry constitutes the Court's order or notice on the matter.(Court Reporter Ron Bench.) (nk) (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

Text NOTICE of Status Conference set for 10/12/2006 at 9:00 AM in Courtroom C before Judge Sean J. McLaughlin. Text−only entry; no PDF document will issue. This text−only entry constitutes the Court's order or notice on the matter.(nk) (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

TEXT NOTICE of Telephonic Status Conference set for 11/2/2006 at 1:30 PM in Courtroom C before Judge Sean J. McLaughlin. PLEASE TAKE NOTICE that a telephonic status conference has been scheduled; Attorney Markham will initiate the call, with all counsel on the line and call the conference line at 814−464−9615. Text−only entry; no PDF document will issue. This text−only entry constitutes the Court's order or notice on the matter(nk) (Entered: 10/12/2006)

Oct. 12, 2006

Oct. 12, 2006

TEXT NOTICE of TELEPHONIC Status Conference set for 11/2/2006 PLEASE TAKE NOTICE THAT the telephonic status conference set for 11/2/06 has been moved to 10:00 AM before Judge Sean J. McLaughlin. Attorney Markham will initiate the call, with all counsel on the line and call the conference line at 814−464−9615. Text−only entry; no PDF document will issue. This text−only entry constitutes the Court's order or notice on the matter (nk) (Entered: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

TEXT Minute Entry for proceedings held before Judge Sean J. McLaughlin : Status Conference held on 11/2/2006. Telephonic Status Conference scheduled for 11/17/06 at 9:30 am. Attorney Markham will initiate the call. Text−only entry; no PDF document will issue. This text−only entry constitutes the Court's order or notice on the matter(Court Reporter Ron Bench.) (nk) (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

TEXT NOTICE of Telephonic Status Conference set for 11/17/2006 at 9:30 AM in before Judge Sean J. McLaughlin. Attorney Markham will initiate the call will all counsel on the line and call the Conference line at 814−464−9615. Text−only entry; no PDF document will issue. This text−only entry constitutes the Court's order or notice on the matter(nk) (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

TEXT NOTICE of Status Conference; PLEASE TAKE NOTICE that the TELEPHONIC STATUS CONFERENCE scheduled for 11/17/2006 will be at 8:30 AM before Judge Sean J. McLaughlin. Attorney Markham will initiate the call with all counsel on the line and call the Conference line at 814−464−9615. Text−only entry; no PDF document will issue. This text−only entry constitutes the Court's order or notice on the matter.(nk) (Entered: 11/15/2006)

Nov. 15, 2006

Nov. 15, 2006

Text Minute Entry for proceedings held before Judge Sean J. McLaughlin : Status Conference held on 11/17/2006. Final Settlement conference is set for 12/6/06 at 1:00 pm. Text−only entry; no PDF document will issue. This text−only entry constitutes the Court's order or notice on the matter. (Court Reporter Ron Bench.) (nk) (Entered: 11/17/2006)

Nov. 17, 2006

Nov. 17, 2006

TEXT NOTICE of Settlement Conference; PLEASE TAKE NOTICE that a Settlement Conference is scheduled for 12/6/2006 at 1:00 PM in Courtroom C before Judge Sean J. McLaughlin. Text−only entry; no PDF document will issue. This text−only entry constitutes the Court's order or notice on the matter.(nk) (Entered: 11/17/2006)

Nov. 17, 2006

Nov. 17, 2006

Text Minute Entry for proceedings held before Judge Sean J. McLaughlin : Status Conference held on 12/6/2006. Defendant's City of Meadville and the States Summary Judgement due 30 days from today; Plaintiff's response due 30 days thereafter. Another Status/Settlement conference for City of Erie, Penn Dot and Plaintiff is scheduled for 1/3/07 at 2:30 pm. Text−only entry; no PDF document will issue. This text−only entry constitutes the Court's order or notice on the matter.(Court Reporter Ron Bench.) (nk) (Entered: 12/06/2006)

Dec. 6, 2006

Dec. 6, 2006

Text−only entry; no PDF document will issue. This text−only entry constitutes the Court's order or notice on the matter. NOTICE of Settlement Conference set for 1/3/2007 at 2:30 PM in Courtroom C before Judge Sean J. McLaughlin. (nk) (Entered: 12/07/2006)

Dec. 7, 2006

Dec. 7, 2006

TEXT NOTICE of Settlement Conference; PLEASE TAKE NOTICE that the Settlement Conference in this case has been RESCHEDULED for 1/17/2007 at 2:30 PM in Courtroom C before Judge Sean J. McLaughlin. Text−only entry; no PDF document will issue. This text−only entry constitutes the Court's order or notice on the matter.(nk) (Entered: 12/12/2006)

Dec. 12, 2006

Dec. 12, 2006

CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 27 MOTION for Partial Summary Judgment ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed Memorandum in Support of Motion for Partial Summary Judgment. This message is for informational purposes only. (sdp) (Entered: 01/08/2007)

Jan. 8, 2007

Jan. 8, 2007

Minute Entry for proceedings held before Judge Sean J. McLaughlin : Settlement Conference held on 1/17/2007. Case did not settle; Another settlement conference is set for 1/31/07 at 1:30 PM before the Honorable Sean J. McLaughlin. Text−only entry; no PDF document will issue. This text−only entry constitutes the Courts order or notice on the matter. (Court Reporter Ron Bench.) (nk) (Entered: 01/17/2007)

Jan. 17, 2007

Jan. 17, 2007

NOTICE of Hearing: PLEASE TAKE NOTICE that a Settlement Conference has been set for 1/31/2007 at 1:30 PM in Courtroom C before Judge Sean J. McLaughlin. Text−only entry; no PDF document will issue. This text−only entry constitutes the Courts order or notice on the matter.(nk) (Entered: 01/17/2007)

Jan. 17, 2007

Jan. 17, 2007

Minute Entry for proceedings held before Judge Sean J. McLaughlin : Settlement Conference held on 1/31/2007. Parties have 30 days from today to file a settlement agreement. Defendant's to supply within 14 days to Plaintiff's counsel a proposed draft of settlement; Plaintiffs to return to Defendant's proposed draft within one week of receipt. Deadlines for responses to summary judgment motions postponed until settlement agreement is filed. Text−only entry; no PDF document will issue. This text−only entry constitutes the Courts order or notice on the matter (Court Reporter Ron Bench.) (nk) (Entered: 01/31/2007)

Jan. 31, 2007

Jan. 31, 2007

NOTICE of Telephonic Status Conference set for 3/12/2007 at 1:30 PM in before Sean J. McLaughlin. Attorney Markham will initiate the call with all counsel on the line and call the conference line at 814−464−9615. Text−only entry; no PDF document will issue. This text−only entry constitutes the Court's order or notice on the matter.(nk) (Entered: 03/05/2007)

March 5, 2007

March 5, 2007

PLEASE TAKE NOTICE that the telephonic Status Conference set for 3/12/07 is CANCELLED. Text−only entry; no PDF document will issue. This text−only entry constitutes the Court's order or notice on the matter. (nk) Modified on 3/9/2007 (sdp). (Entered: 03/08/2007)

March 8, 2007

March 8, 2007

NOTICE of Status Conference set for 3/27/2007 at 1:30 PM in Courtroom C before Judge Sean J. McLaughlin. Text−only entry; no PDF document will issue. This text−only entry constitutes the Court's order or notice on the matter.(nk) (Entered: 03/08/2007)

March 8, 2007

March 8, 2007

Minute Entry for proceedings held before Judge Sean J. McLaughlin : Status Conference held on 3/27/2007. Plaintiff to file a Brief in Opposition to Penn Dot within twenty (20) days for today. Text−only entry; no PDF document will issue. This text−only entry constitutes the Court's order or notice on the matter. (Court Reporter Ron Bench.)(nk) (Entered: 03/27/2007)

March 27, 2007

March 27, 2007

NOTICE of Oral Argument on Motion 27 MOTION for Partial Summary Judgment, 25 MOTION for Summary Judgment: TAKE NOTICE THAT an OralARGUMENT is set for 5/30/2007 at 1:30 PM in Courtroom C before Judge Sean J. McLaughlin. Text−only entry; no PDF document will issue. This text−only entry constitutes the Court's order or notice on the matter.(nk) (Entered: 04/19/2007)

April 19, 2007

April 19, 2007

PLEASE TAKE NOTICE THAT the oral argument set for 5/30/07 is CANCELLED. Text−only entry; no PDF document will issue. This text−only entry constitutes the Courts order or notice on the matter. (nk) (Entered: 05/25/2007)

May 25, 2007

May 25, 2007

ORDER Response re 34 Notice of Supplemental Authority filed by City of Meadville; ORDERED that the Plaintiff's file a response to the Order on or before 6/13/2007. Text−only entry; no PDF document will issue. This text−only entry constitutes the Court's order or notice on the matter. Signed by Judge Sean J. McLaughlin on 5/31/07. (nk) (Entered: 05/31/2007)

May 31, 2007

May 31, 2007

ORDER Response re 35 Notice of supplemental authority. Plaintiff's Response to Motion due by 6/14/2007. Signed by Judge Sean J. McLaughlin on 6/1/07. Text−only entry; no PDF document will issue. This text−only entry constitutes the Court's order or notice on the matter.(nk) (Entered: 06/01/2007)

June 1, 2007

June 1, 2007

Record complete for Appeal purposes. (sdp) (Entered: 11/06/2007)

Nov. 6, 2007

Nov. 6, 2007

NOTICE of Status Conference set for 7/8/2008 at 1:30 PM before Judge Sean J. McLaughlin. Attorney Finnegan and Attorney Bradely may partipate by phone. Attorney Finnegan shall initiate the call with Attorney Bradely on the line and call the conference line at 814−464−9615, all other counsel will shall be present in person. Text−only entry; no PDF document will issue. This text−only entry constitutes the Court's order or notice on the matter.(nk) (Entered: 06/09/2008)

June 9, 2008

June 9, 2008

NOTICE of Settlement Conference set for Wednesday, September 3, 2008 at 10:00 a.m. Counsel for Plaintiffs and the City of Meadville shall be present at that time, along with a representive of the City of Meadville possessing final settlement authority. To the extent that matters have not been finally resolved between the Plaintiffs and PENNDOT as of that date, Counsel for PENNDOT shall be present at 1:00 p.m. for the settlement conference, along with a PENNDOT representative possessing final settlement authority. The City of Erie is excused from this settlement conference. Text−only entry; no PDF document will issue. This text−only entry constitutes the Courts order or notice on the matter (nk) (Entered: 08/04/2008)

Aug. 4, 2008

Aug. 4, 2008

Minute Entry for proceedings held before Judge Sean J. McLaughlin: Settlement/Status Conference held on 9/3/2008. Meadville/Penndot parties to have their draft to Plaintiff's c counsel on or before 10/3/08. Settlement Conference is set for 11/6/08 at 10:00 before Judge McLaughlin. If there is an agreement between the parties, then Attorney Bradley will participate by phone, if not he will attend the conference in person. Attorney Bradley will contact the Court as to how he plans on attending this conference the Friday before November 6, 2008. Text−only entry; no PDF document will issue. This text−only entry constitutes the Court's order or notice on the matter (Court Reporter: Ron Bench) (nk) (Entered: 09/04/2008)

Sept. 3, 2008

Sept. 3, 2008

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 49 Status Report. ERROR: no caption, no signature, incorrect date. CORRECTION: attorney is going to resubmit with corrections. This message is for informational purposes only. (sdp) (Entered: 11/21/2008)

Nov. 21, 2008

Nov. 21, 2008

1

Complaint

Dec. 21, 2010

Dec. 21, 2010

RECAP
2

Praecipe for a Summons

Dec. 21, 2010

Dec. 21, 2010

PACER
3

Praecipe for a Summons

Dec. 21, 2010

Dec. 21, 2010

PACER
4

Application for Leave to Appear Pro Hac Vice

Dec. 22, 2010

Dec. 22, 2010

PACER
5

Order on Application for Leave to Appear Pro Hac Vice

Dec. 22, 2010

Dec. 22, 2010

PACER
6

Summons Issued

1 Summons

View on PACER

Dec. 22, 2010

Dec. 22, 2010

PACER
7

Civil Cover Sheet

Dec. 22, 2010

Dec. 22, 2010

PACER
8

Order Reassigning Case

Dec. 22, 2010

Dec. 22, 2010

PACER
9

Notice of Appearance

Dec. 23, 2010

Dec. 23, 2010

PACER
10

Motion to Seal

1 Proposed Order

View on PACER

Dec. 23, 2010

Dec. 23, 2010

PACER
11

Motion for TRO

1 Exhibit A

View on PACER

2 Proposed Order

View on PACER

Dec. 23, 2010

Dec. 23, 2010

RECAP
12

Declaration

1 Exhibit 1

View on PACER

2 Exhibit 1A

View on PACER

3 Exhibit 1B

View on PACER

4 Exhibit 1C

View on PACER

5 Exhibit 1D

View on PACER

6 Exhibit 2

View on PACER

7 Exhibit 3

View on PACER

8 Exhibit 4

View on PACER

9 Exhibit 5

View on PACER

Dec. 23, 2010

Dec. 23, 2010

PACER
13

Exhibit

1 Exhibit 6 part 1

View on PACER

2 Exhibit 6 part 2

View on PACER

3 Exhibit 7

View on PACER

4 Exhibit 8

View on PACER

Dec. 23, 2010

Dec. 23, 2010

PACER
14

Exhibit

1 Exhibit 9 part 1

View on PACER

2 Exhibit 9 part 2

View on PACER

3 Exhibit 9 part 3

View on PACER

Dec. 23, 2010

Dec. 23, 2010

PACER
15

Exhibit

1 Exhibit 10 part 1

View on PACER

2 Exhibit 10 part 2

View on PACER

3 Exhibit 10 part 3

View on PACER

Dec. 23, 2010

Dec. 23, 2010

PACER
16

Exhibit

1 Exhibit 11 part 1

View on PACER

2 Exhibit 11 part 2

View on PACER

3 Exhibit 11 part 3

View on PACER

4 Exhibit 11 part 4

View on PACER

5 Exhibit 11 part 5

View on PACER

Dec. 23, 2010

Dec. 23, 2010

PACER
17

Exhibit

1 Exhibit 12 part 1

View on PACER

2 Exhibit 12 part 2

View on PACER

3 Exhibit 13

View on PACER

4 Exhibit 14

View on PACER

5 Exhibit 15

View on PACER

6 Exhibit 16

View on PACER

Dec. 23, 2010

Dec. 23, 2010

PACER
18

Declaration

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

Dec. 23, 2010

Dec. 23, 2010

PACER
19

Declaration

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

Dec. 23, 2010

Dec. 23, 2010

PACER
20

Declaration

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

Dec. 23, 2010

Dec. 23, 2010

PACER
21

Declaration

1 Exhibit 1

View on PACER

Dec. 23, 2010

Dec. 23, 2010

PACER
22

Declaration

1 Exhibit A

View on PACER

Dec. 23, 2010

Dec. 23, 2010

PACER
23

Declaration

Dec. 23, 2010

Dec. 23, 2010

PACER
24

Declaration

1 Exhibit A

View on PACER

Dec. 23, 2010

Dec. 23, 2010

PACER
25

Declaration

Dec. 23, 2010

Dec. 23, 2010

PACER
26

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
27

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
28

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
29

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
30

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
31

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
32

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
33

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
34

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
35

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
36

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
37

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
38

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
39

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
40

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
41

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
42

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
43

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
44

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
45

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
46

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
47

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
48

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
49

Declaration

1 Exhibit A

View on PACER

Dec. 23, 2010

Dec. 23, 2010

PACER
50

Declaration

Dec. 23, 2010

Dec. 23, 2010

PACER
51

Declaration

Dec. 23, 2010

Dec. 23, 2010

PACER
52

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
53

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
54

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
55

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
56

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
57

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
58

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
59

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
60

Certificate of Service

Dec. 23, 2010

Dec. 23, 2010

PACER

Case Details

State / Territory: Washington

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 23, 2010

Closing Date: Sept. 20, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are disabled individuals who are entitled to receive a certain number of Medicaid in-home personal care service hours each month. They allege that Washington's 10% reduction of in-home care hours places them at risk of institutionalization.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Washington State Department of Social and Health Services, 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.

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):

Due Process

Supremacy Clause

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Public assistance grants

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Benefits (Source):

Medicaid

Disability and Disability Rights:

Disability, unspecified

Integrated setting

Least restrictive environment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Deinstitutionalization/decarceration