Case: Hampe v. Hamos

1:10-cv-03121 | U.S. District Court for the Northern District of Illinois

Filed Date: May 20, 2010

Closed Date: Oct. 3, 2016

Clearinghouse coding complete

Case Summary

Several young adults who were considered medically fragile (having severe disabilities and relying on technology for survival) filed this class action lawsuit in the U.S. District Court for the Northern District of Illinois on May 20, 2010. The named plaintiffs were each 20 years old and were able to live in the community because they received care through a Medicaid waiver for medically fragile or technology dependent (MF/TD) individuals with disabilities. This waiver program was only availa…

Several young adults who were considered medically fragile (having severe disabilities and relying on technology for survival) filed this class action lawsuit in the U.S. District Court for the Northern District of Illinois on May 20, 2010. The named plaintiffs were each 20 years old and were able to live in the community because they received care through a Medicaid waiver for medically fragile or technology dependent (MF/TD) individuals with disabilities. This waiver program was only available to those who were 21 or younger. Upon the 21st birthday of the recipient, the State had a policy of drastically reducing the services available to the recipient (an approximately 50% reduction) because of a change in funding source. Plaintiffs brought their complaint against the Illinois Department of Healthcare and Family Services (DHFS), alleging that the named policy violated the Americans with Disabilities Act (under the 1999 Supreme Court precedent, Olmstead v. L.C.) and Section 504 of the Rehabilitation Act. Plaintiffs, represented by a private disability advocacy firm, sought declaratory and injunctive relief.

The Plaintiffs moved for class certification on June 2, 2010. The U.S. Department of Justice filed a brief supporting this motion on July 16, 2010, and the court (Judge Ruben Castillo) certified the class on November 22, 2010, defining the class as all persons who are, were, or will be enrolled in Illinois' MF/TD program and are subjected to reduced Medicaid funding upon turning 21. Discovery proceeded. While waiting for potential class-wide relief to be granted, individual plaintiffs moved for and were granted injunctions preventing the reduction of their services at their 21st birthdays.

In May 2012, Judge Castillo ordered the parties to submit a proposed consent decree to the court. When the parties were unable to come to a settlement agreement, on August 21, 2012, he ordered the parties to submit motions for summary judgment.

In an order on January 8, 2013, Judge Castillo denied both parties' summary judgment motions, finding that issues of fact existed as to 1) whether the plaintiffs were qualified individuals with disabilities within the meaning of the ADA; and 2) whether the plaintiffs' requested accommodation was reasonable. 917 F.Supp.2d 805.

In May 2013, the parties again met to negotiate a settlement agreement. On May 16, they came to a settlement regarding all issues. Finding the agreement fair and reasonable, Judge Castillo entered a Consent Decree on October 3, 2013. The Consent Decree established that a class member's need, level, and amount of services should be based upon medical need, not age. Each class member would have a service plan based on a holistic assessment of their needs and resources. The Decree also required any changes in service plans or case management to be discussed with families and patients. It also outlined when and how often class members must be assessed. It was to remain in effect until October 3, 2016.

Finally, the Decree awarded attorneys' fees and litigation costs to the plaintiffs in the amount of $525,000. On August 26, 2015, the court awarded additional attorneys' fees to the plaintiffs. Following September 2015, there was no further action on the docket, indicating the Consent Decree was completed without issue. The case now appears closed.

Summary Authors

Beth Kurtz (4/13/2013)

Lauren Latterell Powell (10/27/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5529335/parties/hampe-v-hamos/


Judge(s)

Castillo, Rubén (Illinois)

Attorney for Plaintiff

Cahill, Mary Denise (Illinois)

Attorney for Defendant
Expert/Monitor/Master/Other

Bagenstos, Samuel R. (District of Columbia)

Breen, Philip L. (District of Columbia)

Chicago, AUSA - (Illinois)

show all people

Documents in the Clearinghouse

Document

1:10-cv-03121

Docket [PACER]

Sept. 25, 2015

Sept. 25, 2015

Docket
13

1:10-cv-03121

Plaintiff's Memorandum of Law in Support of Class Certification

June 2, 2010

June 2, 2010

Pleading / Motion / Brief
12

1:10-cv-03121

Plaintiffs Motion for Class Certification

June 2, 2010

June 2, 2010

Pleading / Motion / Brief
26

1:10-cv-03121

Statement of Interest of the United States of America

July 16, 2010

July 16, 2010

Statement of Interest (DOJ)
41

1:10-cv-03121

Second Amended Complaint for Declaratory and Injunctive Relief

Aug. 11, 2010

Aug. 11, 2010

Complaint
64

1:10-cv-03121

DEFENDANT HAMOS’ COMBINED MEMORANDUM OF LAW IN RESPONSE TO PLAINTIFF’S MOTION TO FILE A FOURTH AMENDED COMPLAINT INSTANTER AND IN SUPPORT OF HER MOTION TO DISMISS CERTAIN PLAINTIFFS AS MISJOINDED PARTIES

Nov. 18, 2010

Nov. 18, 2010

Pleading / Motion / Brief
63

1:10-cv-03121

Defendant Hamos' Motion to Dismiss Certain Plaintiffs as Misjoined Parties Pursuant to Fed. Rules Civ. P. 21 and 20(a)(1) and Proposed Order

Nov. 18, 2010

Nov. 18, 2010

Pleading / Motion / Brief
75

1:10-cv-03121

Memorandum Opinion and Order Granting Class Certification

Nov. 22, 2010

Nov. 22, 2010

Order/Opinion
176

1:10-cv-03121

Plaintiffs' Memorandum of Law in Support of Plaintiffs Motion for Summary Judgment Pursuant to Local Rule 56.1(a)(2)

Aug. 23, 2012

Aug. 23, 2012

Pleading / Motion / Brief
171

1:10-cv-03121

Plaintiffs' Motion for Summary Judgment

Hempe v. Hamos

Aug. 23, 2012

Aug. 23, 2012

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5529335/hampe-v-hamos/

Last updated April 22, 2025, 3:36 p.m.

ECF Number Description Date Link Date / Link
75

MEMORANDUM Opinion and Order Signed by the Honorable William J. Hibbler on 11/22/2010. (ber, )

Nov. 22, 2010

Nov. 22, 2010

RECAP
210

MINUTE entry before Honorable Ruben Castillo: Enter Memorandum Opinion and Order. Plaintiff's motion for summary judgment 171 is denied. Defendant's motion for summary judgment 191 is denied. The Court will hold a status hearing on 2/5/2013 at 9:45 a.m. to set a firm trial date. (For further detail see separate order.) Mailed notice. (ym, ) (Entered: 01/10/2013)

Jan. 8, 2013

Jan. 8, 2013

PACER
211

MEMORANDUM Opinion and Order Signed by the Honorable Ruben Castillo on 1/8/2013.(ym, )

Jan. 8, 2013

Jan. 8, 2013

RECAP
212

MINUTE entry before Honorable Ruben Castillo:Motion hearing held on 1/9/2013. Class member Ryan Nieves' motion for temporary restraining order and preliminary injunction 203 is voluntarily withdrawn.Mailed notice (rao, ) (Entered: 01/10/2013)

Jan. 9, 2013

Jan. 9, 2013

PACER
213

MOTION by Plaintiff William R Hampe for extension of time to reopen fact discovery on certain limited matters (Farley, Robert) (Entered: 01/30/2013)

Jan. 30, 2013

Jan. 30, 2013

PACER
214

NOTICE of Motion by Robert Hugh Farley, Jr for presentment of extension of time 213 before Honorable Ruben Castillo on 2/5/2013 at 09:45 AM. (Farley, Robert) (Entered: 01/30/2013)

Jan. 30, 2013

Jan. 30, 2013

PACER
215

MINUTE entry before Honorable Ruben Castillo:Status hearing held on 2/5/2013 and continued to 3/21/2013 at 1:00 p.m. Plaintiffs' motion to reopen fact discovery on certain limited matters 213 is entered and continued to 3/21/2013 at 1:00 p.m.Mailed notice (rao, ) (Entered: 02/05/2013)

Feb. 5, 2013

Feb. 5, 2013

PACER
216

MINUTE entry before Honorable Ruben Castillo:The status hearing and motion hearing on Plaintiffs' motion to reopen fact discovery on certain limited matters 213 are reset to 3/21/2013 at 9:45 AM. Mailed notice (rao, ) (Entered: 03/08/2013)

March 8, 2013

March 8, 2013

PACER
217

MINUTE entry before Honorable Ruben Castillo: Enter Agreed Order as to class member, Andrew Slaw. (For further detail see separate order.) Mailed notice. (ym, ) (Entered: 03/13/2013)

March 12, 2013

March 12, 2013

PACER
218

AGREED ORDER Signed by the Honorable Ruben Castillo on 3/12/2013.(ym, ) (Entered: 03/13/2013)

March 12, 2013

March 12, 2013

PACER
219

MINUTE entry before Honorable Ruben Castillo:Status hearing held on 3/21/2013 and continued to 4/30/2013 at 9:45 AM. Plaintiff's motion for extension of time to reopen fact discovery on certain limited matters 213 is entered and continued generally.Mailed notice (rao, ) (Entered: 03/21/2013)

March 21, 2013

March 21, 2013

PACER
220

MINUTE entry before Honorable Ruben Castillo:Status hearing held on 4/30/2013. The Court will hold a settlement conference in chambers on 5/6/2013 at 3:00 p.m. Plaintiff's motion for extension of time to reopen fact discovery on certain limited matters 213 is entered and continued to 5/6/2013 at 3:00 p.m.Mailed notice (rao, ) (Entered: 04/30/2013)

April 30, 2013

April 30, 2013

PACER
221

MINUTE entry before Honorable Ruben Castillo:Settlement conference held in chambers on 5/6/2013 on the issue remaining in this class lawsuit. Good progress made toward a potential global settlement. The settlement conference will resume on 5/16/2013 at 12:00 p.m. in chambers.Mailed notice (rao, ) (Entered: 05/06/2013)

May 6, 2013

May 6, 2013

PACER
222

MINUTE entry before Honorable Ruben Castillo:Continued settlement conference held in chambers on 5/16/2013. Full settlement reached on all issues between the parties. The parties should present a joint motion for approval for the proposed class settlement at the earliest time possible. The Court will hold a status hearing in open court on 7/9/2013 at 10:00 AM.Mailed notice (rao, ) (Entered: 05/16/2013)

May 16, 2013

May 16, 2013

PACER
223

TRANSCRIPT OF PROCEEDINGS held on 2/5/13 before the Honorable Ruben Castillo. Court Reporter Contact Information: Kathleen M. Fennell, Kathleen_Fennell@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 6/10/2013. Redacted Transcript Deadline set for 6/20/2013. Release of Transcript Restriction set for 8/19/2013. (Fennell, Kathleen) (Entered: 05/20/2013)

May 20, 2013

May 20, 2013

PACER
224

MINUTE entry before Honorable Ruben Castillo:Given the Court's recent settlement of all the issues in this lawsuit, Plaintiffs' motion to reopen fact discovery 213 is denied as moot.Mailed notice (rao, ) (Entered: 05/21/2013)

May 21, 2013

May 21, 2013

PACER
225

MINUTE entry before Honorable Ruben Castillo: Enter Agreed Order as to class member, Harli Hamilton. (For further detail see separate order.) Mailed notice. (ym, ) (Entered: 06/05/2013)

June 4, 2013

June 4, 2013

PACER
226

AGREED ORDER Signed by the Honorable Ruben Castillo on 6/4/2013.(ym, ) (Entered: 06/05/2013)

June 4, 2013

June 4, 2013

PACER
227

MOTION by Defendant Julie HamosJoint Motion for Preliminary Approval of COnsent Decree, Class Notice and to Set Date for Fairness Hearing (Attachments: # 1 Exhibit A - C)(Konieczny, Karen) (Entered: 07/02/2013)

July 2, 2013

July 2, 2013

PACER
228

MEMORANDUM in Support of Joint Motion for Preliminary Approval of Consent Decree, Class Notice and to Set Date for Fairness Hearing (Konieczny, Karen) (Entered: 07/02/2013)

July 2, 2013

July 2, 2013

PACER
229

NOTICE of Motion by Karen Elaine Konieczny for presentment of motion for miscellaneous relief 227 before Honorable Ruben Castillo on 7/9/2013 at 09:45 AM. (Konieczny, Karen) (Entered: 07/02/2013)

July 2, 2013

July 2, 2013

PACER
230

MINUTE entry before Honorable Ruben Castillo:Status hearing held on 7/9/2013 and continued to 9/23/2013 at 10:00 a.m. Joint motion for preliminary approval of consent decree, class notice, and to set a date for a fairness hearing 227 is granted. Signature Order will follow. Fairness hearing set for 10/3/2013 at 1:30 p.m. Mailed notice (rao, ) (Entered: 07/09/2013)

July 9, 2013

July 9, 2013

PACER
231

MINUTE entry before Honorable Ruben Castillo: Enter Agreed Order. Enter Legal Notice of Proposed Class Action Settlement and Hearing. Given the Court's preliminary approval of the proposed class consent decree, this lawsuit is administratively dismissed without prejudice with full leave to reinstate if this Court does not give final approval to the proposed class action consent decree after the final fairness hearing on October 3, 2013. Civil case terminated. [For further detail see separate order(s). Mailed notices (gcy, ) Modified on 7/14/2013 (rao, ). (Entered: 07/10/2013)

July 9, 2013

July 9, 2013

PACER
232

AGREED ORDER Entered by the Honorable Ruben Castillo on 7/9/2013:(gcy, ) (Entered: 07/10/2013)

July 9, 2013

July 9, 2013

PACER
233

LEGAL NOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND HEARING Entered by the Honorable Ruben Castillo on 7/9/2013:(gcy, ) (Entered: 07/10/2013)

July 9, 2013

July 9, 2013

PACER
234

MINUTE entry before Honorable Ruben Castillo:Enter Agreed Order as to class member, Devon Brown.Mailed notice(rao, ) (Entered: 07/18/2013)

July 18, 2013

July 18, 2013

PACER
235

MINUTE entry before Honorable Ruben Castillo:Fairness hearing set for 10/3/2013 at 1:30 PM.Mailed notice (rao, ) (Entered: 09/26/2013)

Sept. 26, 2013

Sept. 26, 2013

PACER
236

AGREED ORDER As to Class Member, Codie Jones Entered by the Honorable Ruben Castillo on 10/1/2013.(gcy, ) (Entered: 10/02/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
237

AGREED ORDER As to Class Member, Giovanni Mejia Entered by the Honorable Ruben Castillo on 10/1/2013.(gcy, ) (Entered: 10/02/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
238

AGREED ORDER As to Class Member, Patrick Stein Entered by the Honorable Ruben Castillo on 10/1/2013.(gcy, ) (Entered: 10/02/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
239

ORDER: Fairness hearing held on 10/3/2013. The Court finds the settlement is fair and reasonable and gives final approval of the class consent decree. Enter Consent Decree. Signed by the Honorable Ruben Castillo. (gcy, ) (Entered: 10/04/2013)

Oct. 3, 2013

Oct. 3, 2013

PACER
240

CONSENT DECREE Entered by the Honorable Ruben Castillo on 10/3/2013.(gcy, ) (Entered: 10/04/2013)

Oct. 3, 2013

Oct. 3, 2013

RECAP
241

MOTION by Plaintiff Charles Stout for rule to show cause and other relief against the Defendant (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farley, Robert) (Entered: 08/12/2015)

Aug. 12, 2015

Aug. 12, 2015

PACER
242

Plaintiff Charles Stout NOTICE of Motion by Robert Hugh Farley, Jr for presentment of motion for rule to show cause 241 before Honorable Ruben Castillo on 8/26/2015 at 09:45 AM. (Farley, Robert) (Entered: 08/12/2015)

Aug. 12, 2015

Aug. 12, 2015

PACER
243

ORDER: Motion hearing held on 8/26/15. Plaintiff's motion for rule to show cause and other relief 241 is granted in part and denied in part. Attorney fees are awarded to the plaintiff in the amount of $2,600.Signed by the Honorable Ruben Castillo on 8/26/2015. MAILED notice(ks, ) (Entered: 08/28/2015)

Aug. 26, 2015

Aug. 26, 2015

RECAP
244

TRANSCRIPT OF PROCEEDINGS held on 8/26/15 before the Honorable Ruben Castillo. Court Reporter Contact Information: Kathy Fennell, Kathleen_Fennell@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/16/2015. Redacted Transcript Deadline set for 10/26/2015. Release of Transcript Restriction set for 12/24/2015. (Fennell, Kathleen) (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

RECAP

Case Details

State / Territory: Illinois

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: May 20, 2010

Closing Date: Oct. 3, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are medically fragile young adults who stand to have their community-based services reduced upon turning twenty-one.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Illinois Department of Healthcare and Family Services, State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Reasonable Accommodation

Reporting

Monitoring

Amount Defendant Pays: 325,000

Order Duration: 2013 - 2016

Issues

General/Misc.:

Individualized planning

Payment for care

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

Reassessment and care planning

Benefits (Source):

Medicaid

Disability and Disability Rights:

Brain injury

Disability, unspecified

Integrated setting

Intellectual/developmental disability, unspecified

Least restrictive environment

Mental impairment

Mobility impairment

Reasonable Accommodations

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Deinstitutionalization/decarceration

Medical/Mental Health Care:

Intellectual/Developmental Disability

Medical care, general

Medical care, unspecified