Filed Date: Oct. 19, 2010
Closed Date: Dec. 21, 2011
Clearinghouse coding complete
The plaintiff, an individual with a number of disabilities who requires at-home personal care services in order to remain in the community, filed this lawsuit after South Carolina reduced the number of personal care nursing hours available to her. The Plaintiff had been receiving 50 hours of at-home care through a Medicaid waiver program, but in late 2009, the state opted to cap the total number of available personal care hours at 28 for non-institutionalized persons. The Plaintiff claimed that this reduction put her at risk of unnecessary institutionalization in violation of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.
After filing a complaint in the U.S. District Court for the District of South Carolina on October 19, 2010, the Court (Judge Terry L. Wooten) granted the Plaintiff's motion to prevent the state from reducing her service hours during the course of the litigation on May 5, 2011. At the same time, the Plaintiff pursued an administrative appeal of her service reduction. The Plaintiff ultimately won her administrative appeal and was able to maintain her 50 hours of home care services. As a result, the parties agreed to dismiss the litigation as moot on November 29, 2011.
Summary Authors
Beth Kurtz (2/22/2013)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4990312/parties/hickey-v-forkner/
Davidson, William Henry II (South Carolina)
Jackson, Emily E. (South Carolina)
Miller, Emily Jackson (South Carolina)
Unumb, Daniel (South Carolina)
Woodington, Kenneth P. (South Carolina)
See docket on RECAP: https://www.courtlistener.com/docket/4990312/hickey-v-forkner/
Last updated April 20, 2025, 10:05 a.m.
State / Territory: South Carolina
Case Type(s):
Public Benefits/Government Services
Special Collection(s):
Key Dates
Filing Date: Oct. 19, 2010
Closing Date: Dec. 21, 2011
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiff is an elderly individual with multiple severe disabilities. She requires at-home nursing care in order to live in the community and not in a nursing facility.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
South Carolina Department of Health and Human Services, State
South Carolina Department of Disabilities and Special Needs, State
Defendant Type(s):
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:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief:
Content of Injunction:
Order Duration: 2011 - None
Issues
General/Misc.:
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Benefits (Source):
Disability and Disability Rights:
Discrimination Basis:
Disability (inc. reasonable accommodations)
Jails, Prisons, Detention Centers, and Other Institutions: