Case: Knipp v. Perdue

1:10-cv-02850 | U.S. District Court for the Northern District of Georgia

Filed Date: Sept. 9, 2010

Closed Date: Dec. 17, 2012

Clearinghouse coding complete

Case Summary

The Plaintiffs, individuals with developmental disabilities and/or mental illness, challenged Georgia's reduction in coverage in home-based support services. The Plaintiffs were receiving services from Georgia Medicaid's Service Options Using Resources in a Community Environment (SOURCE) program when the state announced that it would change the program to cover only individuals over aged 65 who had physical disabilities. As a result of this change, each plaintiff was given a notice that he or …

The Plaintiffs, individuals with developmental disabilities and/or mental illness, challenged Georgia's reduction in coverage in home-based support services. The Plaintiffs were receiving services from Georgia Medicaid's Service Options Using Resources in a Community Environment (SOURCE) program when the state announced that it would change the program to cover only individuals over aged 65 who had physical disabilities. As a result of this change, each plaintiff was given a notice that he or she would be terminated from the program. The Plaintiffs filed this lawsuit in the U.S. District Court for the Northern District of Georgia on September 10, 2010, alleging that the reduction in coverage placed the Plaintiffs at risk of unnecessary institutionalization in violation of the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act. The Plaintiffs also filed a motion for a preliminary injunction, asking the court to order the state to continue providing SOURCE benefits to the Plaintiffs during litigation. The United States filed a brief supporting this motion on October 6, 2010.

On October 7, 2010, the court (Judge Timothy C. Batten) granted a 60-day preliminary injunction ordering the state to allow the Plaintiffs to continue receiving SOURCE benefits. Throughout the next two years, the parties successfully petitioned the court for extensions of the preliminary injunction. Ultimately, the parties entered a settlement agreement on December 17, 2012. The state agreed to provide Plaintiffs with either continuation of the SOURCE program benefits or other Medicaid-funded community-based services that would allow the Plaintiffs to remain in the community.

Summary Authors

Beth Kurtz (2/20/2013)

People


Judge(s)

Batten, Timothy C. Sr. (Georgia)

King, Janet F. (Georgia)

Attorneys(s) for Plaintiff

Bliss, Charles R. (Georgia)

Wells, Talley (Georgia)

Attorneys(s) for Defendant

Baker, Thurbert E. (Georgia)

Dunn, Dennis R. (Georgia)

Hannah, Penny (Georgia)

Nelson, Shalen S. (Georgia)

Olens, Samuel (Georgia)

Raish, Anne (District of Columbia)

Judge(s)

Batten, Timothy C. Sr. (Georgia)

King, Janet F. (Georgia)

Attorneys(s) for Plaintiff

Bliss, Charles R. (Georgia)

Wells, Talley (Georgia)

Attorneys(s) for Defendant

Baker, Thurbert E. (Georgia)

Dunn, Dennis R. (Georgia)

Hannah, Penny (Georgia)

Nelson, Shalen S. (Georgia)

Olens, Samuel (Georgia)

Raish, Anne (District of Columbia)

Rhee, Mina (Georgia)

Townes, Michelle (Georgia)

Other Attorney(s)

Bagenstos, Samuel R. (District of Columbia)

Bohan, Mary (District of Columbia)

Breen, Philip L. (District of Columbia)

Hughes, Aileen Bell (Georgia)

Perez, Thomas E. (District of Columbia)

Wodatch, John L. (District of Columbia)

Wohlenhaus, Renee M. (District of Columbia)

Yates, Sally Quillian (Georgia)

Documents in the Clearinghouse

Document

Docket

Dec. 18, 2012 Docket
8

Complaint

Sept. 10, 2010 Complaint
11

Motion for Preliminary Injuction

Sept. 10, 2010 Pleading / Motion / Brief
23

Defendant's Response to Motion for Preliminary Injunction

Oct. 4, 2010 Pleading / Motion / Brief
25

Statement of Interest of the United States

Oct. 6, 2010 Pleading / Motion / Brief
24

Plaintiff's Reply Memorandum in Support of Motion for Preliminary Injunction

Oct. 6, 2010 Pleading / Motion / Brief
54-2

Settlement Agreement

Dec. 17, 2012 Settlement Agreement
56

Consent Order Approving Settlement Agreement

Dec. 18, 2012 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

Affidavit in Support of Request to Proceed IFP by Lars Knipp. (Attachments: # 1 Complaint, # 2 Civil Cover Sheet, # 3 Certificate of Interested Persons and Corporate Disclosure Statement, # 4 Motion to Exceed Page Limits, # 5 Motion for Preliminary Injunction, # 6 Brief re Preliminary Injunction, # 7 Exhibit 1 re Preliminary Injunction, # 8 Exhibit 2 re Preliminary Injunction, # 9 Exhibit 3 re Preliminary Injunction, # 10 Exhibit 4 re Preliminary Injunction, # 11 Exhibit 5 re Preliminary Injunction, # 12 Exhibit 6 re Preliminary Injunction, # 13 Exhibit 7 re Preliminary Injunction, # 14 Exhibit 8 re Preliminary Injunction, # 15 Exhibit 9 re Preliminary Injunction, # 16 Exhibit 10 re Preliminary Injunction, # 17 Exhibit 11 re Preliminary Injunction, # 18 Exhibit 12 re Preliminary Injunction, # 19 Exhibit 13 re Preliminary Injunction, # 20 Exhibit 14 re Preliminary Injunction, # 21 Exhibit 15 re Preliminary Injunction, # 22 Exhibit 16 re Preliminary Injunction, # 23 Exhibit 17 re Preliminary Injunction, # 24 Exhibit 18 re Preliminary Injunction, # 25 Exhibit 19 re Preliminary Injunction, # 26 Exhibit 20 re Preliminary Injunction, # 27 Exhibit 21 re Preliminary Injunction, # 28 Exhibit 22 re Preliminary Injunction, # 29 Exhibit 23 re Preliminary Injunction, # 30 Exhibit 24 re Preliminary Injunction, # 31 Exhibit 25 re Preliminary Injunction)(alc) (Entered: 09/09/2010)

Sept. 9, 2010
2

Affidavit in Support of Request to Proceed IFP by James Kim. (alc) (Entered: 09/09/2010)

Sept. 9, 2010
3

Affidavit in Support of Request to Proceed IFP by Susannah Trogdon. (alc) (Entered: 09/09/2010)

Sept. 9, 2010
4

Affidavit in Support of Request to Proceed IFP by Ambi Heard. (alc) (Entered: 09/09/2010)

Sept. 9, 2010
5

Affidavit in Support of Request to Proceed IFP by Shaun Mitchell. (alc) (Entered: 09/09/2010)

Sept. 9, 2010

Submission of 1 , 2 , 3 , 4 , 5 , and 6 Affidavits in Support of Request to Proceed IFP, submitted to Magistrate Judge Janet F. King. (alc) (Entered: 09/09/2010)

Sept. 9, 2010
7

ORDER GRANTING the Plaintiffs' respective requests for leave to proceed in forma pauperis. The Clerk is DIRECTED to submit this action to the appropriate District Court Judge for a frivolity determination pursuant to 28 USC § 1915A. Signed by Magistrate Judge Janet F. King on 9/10/2010. (alc) (Entered: 09/10/2010)

Sept. 10, 2010
8

COMPLAINT filed by Lars Knipp, James Kim, Susannah Trogdon, Shaun Mitchell, Ambi Heard, Robert Chaffin. (Attachments: # 1 Civil Cover Sheet)(alc) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/10/2010)

Sept. 10, 2010
9

Certificate of Interested Persons and Corporate Disclosure Statement by Robert Chaffin, Ambi Heard, James Kim, Lars Knipp, Shaun Mitchell, Susannah Trogdon. (alc) (Entered: 09/10/2010)

Sept. 10, 2010
10

MOTION to Exceed Page Limits re 11 Motion for Preliminary Injunction, filed by Robert Chaffin, Ambi Heard, James Kim, Lars Knipp, Shaun Mitchell, Susannah Trogdon. (alc) (Entered: 09/10/2010)

Sept. 10, 2010
11

MOTION for Preliminary Injunction with Brief In Support by Robert Chaffin, Ambi Heard, James Kim, Lars Knipp, Shaun Mitchell, Susannah Trogdon. (Attachments: # 1 Brief in Support, # 2 Exhibit 1 − Declaration of Seema Mason, # 3 Exhibit 2 − Level of Care James Kim, # 4 Exhibit 3 − Level of Care Ambi Heard, # 5 Exhibit 4 − SOURCE Manual, # 6 Exhibit 5 − CCSP Manual ALS, # 7 Exhibit 6 − Declaration of Samuel Trogdon, # 8 Exhibit 7 − Declaration of Debra Stone, # 9 Exhibit 8 − Declaration of Betty Ushe, # 10 Exhibit 9 − Declaration of Ray Johnson, # 11 Exhibit 10 − Declaration of Dr. Richard Elliott, # 12 Exhibit 11 − Cost of Care Georgia Regional Hospital Atlanta (per diem), # 13 Exhibit 12 − Copy of Affidavit of Catherine Ivey, # 14 Exhibit 13 − Declaration of Dr. Frank Shelp, # 15 Exhibit 14 − Knipp Medical Records, # 16 Exhibit 15 − Declaration of Patrick Wooten, # 17 Exhibit 16 − Declaration of Grace Kim, # 18 Exhibit 17 − Medical Records of James Kim, # 19 Exhibit 18 − 1992 Psychological Addendum Susannah Trogdon, # 20 Exhibit 19 − 2000 Vineland Assessment for Susannah Trogdon, # 21 Exhibit 20 − August 2010 Report of Psychological Evaluation, # 22 Exhibit 21 − Medical Records for Ambi Heard, # 23 Exhibit 22 − Medical Records for Shaun Mitchell, # 24 Exhibit 23 − July 19, 2010 Reasonable Accommodation Letter to Defendants, # 25 Exhibit 24 − June 19, 2010 Reasonable Accommodation Letter to DBHDD, # 26 Exhibit 25 − Reasonable Accommodation Letter to DCH)(alc) (Entered: 09/10/2010)

Sept. 10, 2010

Submission of 8 Complaint for frivolity determination, 10 MOTION for Leave to File Excess Pages, and 11 MOTION for Preliminary Injunction, submitted to District Judge Timothy C. Batten, Sr. (alc) (Entered: 09/10/2010)

Sept. 10, 2010
12

INSTRUCTIONS TO PARTIES AND COUNSEL. Signed by Judge Timothy C. Batten, Sr. on 09/13/10. (fap) Modified on 9/13/2010 to correct docket text (fap). (Entered: 09/13/2010)

Sept. 13, 2010

Notification of Docket Correction re 12 Instructions to Parties and Counsel. Redockted to correct event type and signature of Judge. (fap) (Entered: 09/13/2010)

Sept. 13, 2010
13

ORDER allowing the action to proceed, as the allegations contained in Plaintiffs' 8 Complaint do not appear to be frivolous, nor do they fail to state a claim upon which relief can be granted. Signed by Judge Timothy C. Batten, Sr. on 9/13/2010. (alc) (Entered: 09/14/2010)

Sept. 13, 2010
18

Summons Issued as to George Ervin Sonny Perdue, III, Clyde L. Reese, III, Frank E. Shelp. (alc) (Entered: 09/16/2010)

Sept. 15, 2010
14

Return of Service Executed by Susannah Trogdon, James Kim, Lars Knipp, Robert Chaffin, Ambi Heard, Shaun Mitchell. Clyde L. Reese, III served on 9/15/2010,

Sept. 16, 2010
16

Return of Service Executed by Susannah Trogdon, James Kim, Lars Knipp, Robert Chaffin, Ambi Heard, Shaun Mitchell. George Ervin Sonny Perdue, III served on 9/15/2010, answer due 10/6/2010. (Wells, Charles) (Entered: 09/16/2010)

Sept. 16, 2010
17

CERTIFICATE OF SERVICE re 10 MOTION for Leave to File Excess Pages, 11 MOTION for Preliminary Injunction, 9 Certificate of Interested Persons Served on Each of Defendants with Complaint and Summons , filed by Robert Chaffin, Ambi Heard, James Kim, Lars Knipp, Shaun Mitchell, Susannah Trogdon (Wells, Charles) (Entered: 09/16/2010)

Sept. 16, 2010

NOTICE of Hearing on Motion re: 10 MOTION for Leave to File Excess Pages, 11 MOTION for Preliminary Injunction Motion Hearing set for 10/7/2010 at 10:00 AM in ATLA Courtroom 1708 before Judge Timothy C. Batten Sr. (Plaintiff's counsel to serve Defense counsel with notice). (jgs) (Entered: 09/16/2010)

Sept. 16, 2010
19

CERTIFICATE OF SERVICE re Notice of Hearing on Motion, filed by Robert Chaffin, Ambi Heard, James Kim, Lars Knipp, Shaun Mitchell, Susannah Trogdon (Wells, Charles) (Entered: 09/17/2010)

Sept. 17, 2010
20

NOTICE of Appearance by Michelle Townes on behalf of George Ervin Sonny Perdue, III, Clyde L. Reese, III, Frank E. Shelp (Townes, Michelle) (Entered: 09/22/2010)

Sept. 22, 2010
21

NOTICE of Appearance by Penny Hannah on behalf of George Ervin Sonny Perdue, III, Clyde L. Reese, III, Frank E. Shelp (Hannah, Penny) (Entered: 09/22/2010)

Sept. 22, 2010
22

NOTICE Of Filing Supplemental Declarations in Support of 11 MOTION for Preliminary Injunction, filed by Robert Chaffin, Ambi Heard, James Kim, Lars Knipp, Susannah Trogdon, Shaun Mitchell. (Attachments: # 1 Second Declaration of Ray Johnson, # 2 Second Declaration of Sam Trogdon, # 3 August 30, 2010 Psychological Report for Susannah Trogdon)(Wells, Charles) Modified on 10/3/2010 accurately reflect title of e−filed documents. (dfb) Modified on 10/7/2010 to add filer info (alc). (Entered: 09/30/2010)

Sept. 30, 2010
23

RESPONSE re 11 MOTION for Preliminary Injunction, filed by George Ervin Sonny Perdue, III, Clyde L. Reese, III, Frank E. Shelp. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Hannah, Penny) Modified on 10/7/2010 to remove duplicative text (alc). (Entered: 10/04/2010)

Oct. 4, 2010
24

REPLY BRIEF re 11 MOTION for Preliminary Injunction filed by Robert Chaffin, Ambi Heard, James Kim, Lars Knipp, Shaun Mitchell, Susannah Trogdon. (Attachments: # 1 Exhibit: Second SOURCE Termination, Appeal, Denial for Ambi Heard, # 2 Exhibit: State Planning Initiative on Mental Health, # 3 Exhibit: SOURCE Assessments for Plaintiffs)(Wells, Charles) Modified on 10/7/2010 to remove Johnson, and add Trogdon, as filers (alc). (Entered: 10/06/2010)

Oct. 6, 2010
25

STATEMENT of Interest of the United States re 11 MOTION for Preliminary Injunction, filed by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rhee, Mina) (Entered: 10/06/2010)

Oct. 6, 2010
26

Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Motion Hearing held on 10/7/2010. Plaintiff's 10 Motion to Exceed Page Limits GRANTED and their 11 Motion for Preliminary Injunction GRANTED for 60 days. The injunction shall expire on 12/6/2010. Status quo pending the expiration of the 60 day period. The Court directed the Parties to attempt to settle this action. The Parties are also directed to investigate if this case is related to actions pending before Judge Charles Pannell of this Court. Should the Parties fail to reach a settlement, the time for the State to file a motion to dismiss is extended to 12/16/2010. The Dept. of Justice shall have until 12/16/2010 to file a brief regarding the constitutionality of the termination of the program. (Court Reporter Elise Smith−Evans)(alc) (Entered: 10/07/2010)

Oct. 7, 2010
28

CONSENT ORDER to Extend Preliminary Injunction. The deadline for the preliminary injunction to end is EXTENDED an additional 60 days, through and including 2/3/2011, and the time for Defendants to file any defensive pleadings is extended up to and through 2/14/2011. The Department of Justice shall have up to and through 2/14/2011 to file their brief regarding the constitutionality of the SOURCE program. Signed by Judge Timothy C. Batten, Sr. on 11/18/2010. (alc) (Entered: 11/18/2010)

Nov. 18, 2010

Clerk's Certificate of Mailing as to atty Anne S. Raish re 28 Consent Order and 12 Instructions to Parties and Counsel. (alc) (Entered: 11/18/2010)

Nov. 18, 2010
29

PROPOSED CONSENT ORDER To Extend Preliminary Injunction re: 28 Order,. (Hannah, Penny) (Entered: 01/21/2011)

Jan. 21, 2011
30

CONSENT ORDER to extend 28 Preliminary Injunction Order. The deadline for the preliminary injunction to end is EXTENDED an additional 60 days, through and including 4/4/2011, and the time for Defendants to file any defensive pleadings is extended up to and through 4/15/2011. The Department of Justice shall have up to and through 4/15/2011 to file their brief regarding the constitutionality of the SOURCE program. Signed by Judge Timothy C. Batten, Sr. on 1/26/11. (pdw) (Entered: 01/26/2011)

Jan. 26, 2011
31

PROPOSED CONSENT ORDER To Extend Preliminary Injunction. (Hannah, Penny) (Entered: 03/15/2011)

March 15, 2011
32

CONSENT ORDER to Extend Preliminary Injunction. The deadline for the preliminary injunction to end is EXTENDED an additional 60 days, through and including 6/6/2011, and the time for Defendants to file any defensive pleadings is extended up to and through 6/20/2011. The Department of Justice shall have up to and through 6/20/2011 to file their brief regarding the constitutionality of the SOURCE program. Signed by Judge Timothy C. Batten, Sr. on 3/16/2011. (acm) (Entered: 03/16/2011)

March 16, 2011
33

Mail Returned as Undeliverable. Mail sent to Anne S. Raish re 32 Consent Order Extending Preliminary Injunction. (hfm) (Entered: 04/15/2011)

April 13, 2011
34

Notice for Leave of Absence for the following date(s): 05/30/11, 05/31/11, 06/01/11, 06/02/11, 06/03/11, 06/06/11, 06/07/11, by Michelle Townes. (Attachments: # 1 Exhibit A)(Townes, Michelle) (Entered: 05/05/2011)

May 5, 2011
35

PROPOSED CONSENT ORDER to Extend Preliminary Injunction. (Hannah, Penny) (Entered: 05/20/2011)

May 20, 2011
36

CONSENT ORDER to Extend Preliminary Injunction. The deadline for the preliminary injunction to end is hereby EXTENDED through and including 8/08/2011, and the time for Defendants to file any defensive pleadings is extended up to and through 08/22/2011. The Department of Justice shall have up to and through 08/22/2011 to file its brief regarding the constitutionality of the SOURCE program. Signed by Judge Timothy C. Batten, Sr. on 05/23/2011. (rvb) (Entered: 05/23/2011)

May 23, 2011
37

Request for Leave of Absence for the following date(s): 7/11/11, 7/12/11, 7/13/11, 7/14/11, 7/15/11, 7/18/11, 8/1/11, 8/2/11, 8/3/11, 8/4/11, 8/5/11, by Charles Talley Wells. (Wells, Charles) (Entered: 06/09/2011)

June 9, 2011
38

PROPOSED CONSENT ORDER to Extend Preliminary Injunction. (Hannah, Penny) (Entered: 07/28/2011)

July 28, 2011
39

ORDER EXTENDING deadline through and including 10/10/2011 for the preliminary injunction to end. Time for dfts to file any defensive pleadings is extended up to and through 10/31/11. Dept of Justice shall have up to and through 10/31/11 to file its brief regarding the constitutionality of the SOURCE program. Signed by Judge Timothy C. Batten, Sr on 8/1/11. (jlm) (Entered: 08/02/2011)

Aug. 2, 2011
40

PROPOSED CONSENT ORDER To Extend Preliminary Injunction re: 39 Order filed by George Ervin Sonny Perdue, III, Clyde L. Reese, III, Dr. Frank E. Shelp. (Hannah, Penny) Modified on 10/5/2011 to add filers (rej). (Entered: 10/04/2011)

Oct. 4, 2011
41

CONSENT ORDER granting Parties' request to extend deadline for the preliminary injunction an additional sixty days, through and including December 12, 2011, and the time for Defendants to file any defensive pleadings is extended up to and through January 9, 2012. Further the Department of Justice shall have up to and through January 9, 2012 to file its brief regarding the constitutionality of the SOURCE program. Signed by Judge Timothy C. Batten, Sr on 10/4/11. (rsh) (Entered: 10/04/2011)

Oct. 4, 2011
42

PROPOSED CONSENT ORDER To Extend Preliminary Injunction re: 41 Order, Set Deadlines/Hearings, Set Submission Deadline,,,. (Hannah, Penny) (Entered: 12/12/2011)

Dec. 12, 2011
43

CONSENT ORDER extending the preliminary injunction through and including 2/13/12; extending time up to and through 3/12/12 for dfts to file any defensive pleadings and the DOJ shall have up to and through 3/12/12 to file its brief regarding the constitutionality of the SOURCE program. Signed by Judge Timothy C. Batten, Sr on 12/14/11. (jlm) (Entered: 12/14/2011)

Dec. 14, 2011
44

PROPOSED CONSENT ORDER To Extend Preliminary Injunction re: 43 Order,. (Hannah, Penny) (Entered: 02/07/2012)

Feb. 7, 2012
45

CONSENT ORDER GRANTING Parties' requests to extend deadline for the preliminary injunction to end, granting an additional sixty days, through and including April 16, 2012, and the time for Defendants to file any defensive pleadings is extended up to and through May 21, 2012. Further the Department of Justice shall have up to and through May 21, 2012 to file its brief regarding the constitutionality of the SOURCE program. Signed by Judge Timothy C. Batten, Sr on 2/7/12. (rsh) (Entered: 02/07/2012)

Feb. 7, 2012
46

PROPOSED CONSENT ORDER Consent Order to Extend Preliminary Injunction. (Hannah, Penny) (Entered: 04/13/2012)

April 13, 2012
47

ORDER: Parties' requests are hereby GRANTED, the deadline for the preliminary injunction to end is hereby EXTENDED an additional sixty days, through and including June 18, 2012, and the time for Defendants to file any defensive pleadings is extended up to and through July 23,2012. Further the Department of Justice shall have up to and through July 23, 2012 to file its brief regarding the constitutionality of the SOURCE program. Signed by Judge Timothy C. Batten, Sr on 4/13/12. (rsh) (Entered: 04/13/2012)

April 13, 2012
48

STIPULATION of Dismissal Without Prejudice by Ambi Heard. (Wells, Charles) (Entered: 04/28/2012)

April 28, 2012
49

PROPOSED CONSENT ORDER To Extend Preliminary Injunction re: 47 Order,. (Hannah, Penny) (Entered: 06/13/2012)

June 13, 2012
50

CONSENT ORDER EXTENDING PRELIMINARY INJUNCTION an additional 90 days, through September 18, 2012. Time for Defendants to file any defensive pleadings is extended up to and through October 22,2012. Further the Department of Justice shall have up to and through October 22, 2012, to fle its brief regarding the constitutionality of the SOURCE program. Signed by Judge Timothy C. Batten, Sr on 6/13/12. (rsh) (Entered: 06/13/2012)

June 13, 2012
51

Notice for Leave of Absence for the following date(s): 7/2/12,7/3/12,7/4/12,7/5/12,7/6/12, by Michelle Townes. (Townes, Michelle) (Entered: 06/15/2012)

June 15, 2012
52

PROPOSED CONSENT ORDER Proposed Consent Order Extending Injunction Through November 17, 2012 and Related Extensions re: 50 Order,. (Wells, Charles) (Entered: 09/17/2012)

Sept. 17, 2012
54

Final MOTION for Settlement by Robert Chaffin, James Kim, Lars Knipp, Shaun Mitchell, Susannah Trogdon. (Attachments: # 1 Text of Proposed Order Consent Order Approving Settlement Agreement, # 2 Exhibit Settlement Agreement)(Wells, Charles) (Entered: 12/17/2012)

Dec. 17, 2012
55

PROPOSED CONSENT ORDER Consent Order Approving Settlement Agreement re: 54 Final MOTION for Settlement . (Attachments: # 1 Exhibit Settlement Agreement)(Wells, Charles) (Entered: 12/17/2012)

Dec. 17, 2012
56

CONSENT ORDER APPROVING Settlement Agreement. Signed by Judge Timothy C. Batten, Sr on 12/18/12. (jlm) (Entered: 12/18/2012)

Dec. 18, 2012

Civil Case Terminated. (jlm) (Entered: 12/18/2012)

Dec. 18, 2012

State / Territory: Georgia

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Sept. 9, 2010

Closing Date: Dec. 17, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are individuals with developmental disabilities and/or mental illness who received community-based services under Georgia's SOURCE program but whose SOURCE benefits were terminated after Georgia changed reduced coverage for the program.

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 Department of Community Health, State

Georgia Department of Behavioral Health and Developmental Disabilities, State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2012 - None

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Deinstitutionalization/decarceration

Habilitation (training/treatment)

Placement in mental health facilities

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

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Mental Illness, Unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Mental health care, general

Mental health care, unspecified

Benefit Source:

Medicaid