Case: Arc of Virginia v. Kaine

3:09-cv-00686 | U.S. District Court for the Eastern District of Virginia

Filed Date: Oct. 27, 2009

Closed Date: Oct. 12, 2010

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Case Summary

After a study of the Southeastern Virginia Training Center (SEVTC) revealed that essentially all of the individuals in the institution could be placed in the community, the Governor of Virginia announced his desire to close SEVTC. Contemplating revisions to the services Virginia provides to individuals with intellectual disabilities, the state legislature created a new plan to fund the construction of new Intermediate Care Facilities and to build a new and modern SEVTC with 75 beds. The Arc of Virginia inferred from that plan that 75 individuals currently placed in SEVTC would be moved to the new facility, and sued in the U.S. District Court for the Eastern District of Virginia to enjoin the state from constructing the new facility, claiming that the diversion of state resources toward building a new institution violates the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. The Arc claimed that the state must provide services in the most integrated setting possible, and that the diversion of funds toward the construction of a new institution violates this command.

On December 17, 2009, the court (Judge Robert E. Payne) granted the Defendants' motion to dismiss, finding that the Plaintiffs' claims were not ripe. The Plaintiffs had not alleged that a current live controversy existed because it was not clear that placement decisions had been made or that the 75 beds in the new facility would be filled by residents of the current SEVTC facility. The state legislature may generally choose to create and structure its provision of services to people with disabilities. The court held that "it is possible that the placement decisions, when made, may offend federal law. But, that will depend on future actions and there is no indication now that Virginia's decisional process is unlawful or that persons will be placed in settings that are inappropriate to their individual needs or at odd with their choice."

Several years later, the DOJ and Virginia settled a procedurally unrelated Olmstead case dealing with the same issues. (United States v. Virginia).

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Summary Authors

Beth Kurtz (2/15/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4405397/parties/arc-of-virginia-inc-the-v-kaine/

Judge(s)

Attorney for Plaintiff

Ek, Kalena Cimone Marie (Virginia)

Attorney for Defendant

Hall, Stephen Michael (Virginia)

Expert/Monitor/Master/Other

Bagenstos, Samuel R. (District of Columbia)

Breen, Philip L. (District of Columbia)

Delaney, Sheila K. (District of Columbia)

Judge(s)

Payne, Robert E. (Virginia)

Attorney for Plaintiff

Ek, Kalena Cimone Marie (Virginia)

Martinis, Jonathan Gerald (Virginia)

Attorney for Defendant

Hall, Stephen Michael (Virginia)

Hickey, Jane D. (Virginia)

Johnson, David E. (Virginia)

Kaine, Tim (Virginia)

Matsen, Maureen Riley (Virginia)

Messitt, Peter R. (Virginia)

Mims, William C. (Virginia)

Moore, Ishneila I.G. (Virginia)

Expert/Monitor/Master/Other

Bagenstos, Samuel R. (District of Columbia)

Breen, Philip L. (District of Columbia)

Delaney, Sheila K. (District of Columbia)

Macbride, Neil H (Virginia)

Mcintosh, Robert P (Virginia)

Perez, Thomas E. (District of Columbia)

Prillaman, Debra Jean (Virginia)

Wodatch, John L. (District of Columbia)

Wohlenhaus, Renee M. (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:09-cv-00686	Docket Arc of Virginia, Inc., The v. Kaine	Oct. 12, 2010	Oct. 12, 2010 Docket
1 3:09-cv-00686	Complaint The Arc of Virginia, Inc. v. Kaine	Oct. 27, 2009	Oct. 27, 2009 Complaint
3 3:09-cv-00686	Memorandum of Law in Support of Plaintiff's Motion for a Preliminary Injunction The Arc of Virginia, Inc. v. Kaine	Oct. 27, 2009	Oct. 27, 2009 Pleading / Motion / Brief
2 3:09-cv-00686	Plaintiff's Motion for a Preliminary Injunction The Arc of Virginia, Inc. v. Kaine	Oct. 27, 2009	Oct. 27, 2009 Pleading / Motion / Brief
9 3:09-cv-00686	Memorandum of Law in Opposition to Plaintiffs' Motion for Preliminary Injunction The Arc of Virginia, Inc. v. Kaine	Nov. 12, 2009	Nov. 12, 2009 Pleading / Motion / Brief
10 3:09-cv-00686	Motion to Dismiss The Arc of Virginia, Inc. v. Kaine	Nov. 12, 2009	Nov. 12, 2009 Pleading / Motion / Brief
11 3:09-cv-00686	Memorandum of Law in Support of Motion to Dismiss The Arc of Virginia, Inc. v. Kaine	Nov. 12, 2009	Nov. 12, 2009 Discovery Material/FOIA Release
16 3:09-cv-00686	Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Dismiss The Arc of Virginia, Inc. v. Kaine	Nov. 19, 2009	Nov. 19, 2009 Discovery Material/FOIA Release
24 3:09-cv-00686	United States' Memorandum of Law as Amicus Curiae in Opposition to Defendants' Motion to Dismiss The Arc of Virginia, Inc. v. Kaine	Nov. 24, 2009	Nov. 24, 2009 Discovery Material/FOIA Release
30 3:09-cv-00686	Memorandum Opinion The Arc of Virginia, Inc. v. Kaine	Dec. 17, 2009	Dec. 17, 2009 Order/Opinion 2009 WL 4884533

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4405397/arc-of-virginia-inc-the-v-kaine/

Last updated Jan. 9, 2026, 4:20 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Timothy M. Kaine, Viola O. Baskerville, Marilyn B. Tavenner, James S. Reinhard, Richard F. Sliwoski (Filing fee $350.00 receipt number 34683005759) filed by Arc of Virginia, Inc., The (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(lsal) (Entered: 10/27/2009) 1 Civil Cover Sheet View on PACER 2 Receipt View on PACER	Oct. 27, 2009	Oct. 27, 2009
2	MOTION for Preliminary Injunction by Arc of Virginia, Inc., The. (lsal) (Entered: 10/27/2009)	Oct. 27, 2009	Oct. 27, 2009
3	Memorandum in Support of 2 MOTION for Preliminary Injunction filed by Arc of Virginia, Inc., The. (lsal) (Entered: 10/27/2009)	Oct. 27, 2009	Oct. 27, 2009
4	Summons Issued as to Timothy M. Kaine, Viola O. Baskerville, Marilyn B. Tavenner, James S. Reinhard, Richard F. Sliwoski; attorney telephoned for pickup as instructed; (lsal) (Entered: 10/27/2009)	Oct. 27, 2009	Oct. 27, 2009
5	NOTICE by Arc of Virginia, Inc., The re 3 Memorandum in Support Substitute Page 9 (Martinis, Jonathan) (Entered: 10/28/2009)	Oct. 28, 2009	Oct. 28, 2009
6	NOTICE of Appearance by Ishneila I. G. Moore on behalf of Ishneila I.G. Moore (Moore, Ishneila) (Entered: 11/03/2009)	Nov. 3, 2009	Nov. 3, 2009
7	MOTION for Extension of Time to File Response to 2 MOTION for Preliminary Injunction by Timothy M. Kaine, Viola O. Baskerville, Marilyn B. Tavenner, James S. Reinhard, Richard F. Sliwoski. (Moore, Ishneila) (Entered: 11/06/2009)	Nov. 6, 2009	Nov. 6, 2009
8	SUMMONS Returned Executed: Timothy M. Kaine served on 10/26/2009, answer due 11/16/2009; Viola O. Baskerville served on 10/26/2009, answer due 11/16/2009; Marilyn B. Tavenner served on 10/26/2009, answer due 11/16/2009; James S. Reinhard served on 10/26/2009, answer due 11/16/2009; Richard F. Sliwoski served on 10/26/2009, answer due 11/16/2009 (lsal) (Entered: 11/09/2009)	Nov. 9, 2009	Nov. 9, 2009
9	Memorandum in Opposition re 2 MOTION for Preliminary Injunction filed by Timothy M. Kaine, Viola O. Baskerville, Marilyn B. Tavenner, James S. Reinhard, Richard F. Sliwoski. (Attachments: # 1 Exhibit Advisory Committee Mtg, # 2 Exhibit Petition Against Closure of SEVTC, # 3 Exhibit Letter, # 4 Exhibit SEVTC Advisory Committee, # 5 Exhibit DBHDS Preliminary Plan and Timeline for Downsizing SEVTC, # 6 Exhibit Letter, # 7 Exhibit Budget Bill Item 315, # 8 Exhibit Letter, # 9 Exhibit Letter)(Moore, Ishneila) (Entered: 11/12/2009) 1 Exhibit Advisory Committee Mtg View on PACER 2 Exhibit Petition Against Closure of SEVTC View on PACER 3 Exhibit Letter View on PACER 4 Exhibit SEVTC Advisory Committee View on PACER 5 Exhibit DBHDS Preliminary Plan and Timeline for Downsizing SEVTC View on PACER 6 Exhibit Letter View on PACER 7 Exhibit Budget Bill Item 315 View on PACER 8 Exhibit Letter View on PACER 9 Exhibit Letter View on PACER	Nov. 12, 2009	Nov. 12, 2009
10	MOTION to Dismiss by Timothy M. Kaine, Viola O. Baskerville, Marilyn B. Tavenner, James S. Reinhard, Richard F. Sliwoski. (Moore, Ishneila) (Entered: 11/12/2009)	Nov. 12, 2009	Nov. 12, 2009
11	Memorandum in Support re 10 MOTION to Dismiss filed by Timothy M. Kaine, Viola O. Baskerville, Marilyn B. Tavenner, James S. Reinhard, Richard F. Sliwoski. (Attachments: # 1 Exhibit Advisory Committee Meeting, # 2 Exhibit Petition Against Closure of SEVTC, # 3 Exhibit Letter, # 4 Exhibit SEVTC Advisory Committee, # 5 Exhibit DBHDS Preliminary Plan and Timeline for Downsizing SEVTC, # 6 Exhibit Letter, # 7 Exhibit Budget Bill Item 315)(Moore, Ishneila) (Entered: 11/12/2009) 1 Exhibit Advisory Committee Meeting View on PACER 2 Exhibit Petition Against Closure of SEVTC View on PACER 3 Exhibit Letter View on PACER 4 Exhibit SEVTC Advisory Committee View on PACER 5 Exhibit DBHDS Preliminary Plan and Timeline for Downsizing SEVTC View on PACER 6 Exhibit Letter View on PACER 7 Exhibit Budget Bill Item 315 View on PACER	Nov. 12, 2009	Nov. 12, 2009
12	ORDER that defendants shall file an Answer by 11/19/09; plaintiff shall file a reply to defendant's Memorandum in Opposition to Motion for Preliminary Injunction by 11/19/09; further ORDERED that plaintiff shall file a response to the Motion to Dismiss by 11/19/09; defendant shall file reply by 11/23/09; further ORDERED that oral arguments on motions are SET for 11/30/09 at 10:00 a.m.; Signed by District Judge Robert E. Payne on 11/13/09. (lsal) (Entered: 11/16/2009)	Nov. 16, 2009	Nov. 16, 2009
13	ANSWER to 1 Complaint, and Ground of Defense by Timothy M. Kaine, Viola O. Baskerville, Marilyn B. Tavenner, James S. Reinhard, Richard F. Sliwoski.(Moore, Ishneila) (Entered: 11/19/2009)	Nov. 19, 2009	Nov. 19, 2009
14	REPLY to Response to Motion re 2 MOTION for Preliminary Injunction filed by Arc of Virginia, Inc., The. (Attachments: # 1 Exhibit G, # 2 Exhibit H, # 3 Exhibit I, # 4 Exhibit J, # 5 Exhibit K, # 6 Exhibit L)(Ek, Kalena) (Entered: 11/19/2009) 1 Exhibit G View on PACER 2 Exhibit H View on PACER 3 Exhibit I View on PACER 4 Exhibit J View on PACER 5 Exhibit K View on PACER 6 Exhibit L View on PACER	Nov. 19, 2009	Nov. 19, 2009
15	ORDER DENYING as MOOT 7 Motion for Extension of Time to File Response to plaintiff's Motion for Preliminary Injunction; Signed by District Judge Robert E. Payne on 11/18/09. (lsal) (Entered: 11/19/2009)	Nov. 19, 2009	Nov. 19, 2009
16	Memorandum in Opposition re 10 MOTION to Dismiss filed by Arc of Virginia, Inc., The. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Ek, Kalena) (Entered: 11/19/2009) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER	Nov. 19, 2009	Nov. 19, 2009 RECAP
17	MOTION for Leave to Participate as Amicus Curiae filed by United States; (lsal) (Entered: 11/20/2009)	Nov. 20, 2009	Nov. 20, 2009
18	Memorandum in Support of 17 MOTION for Leave to Participate as Amicus Curiae filed by United States (lsal) (Entered: 11/20/2009)	Nov. 20, 2009	Nov. 20, 2009
19	RESPONSE in Support re 10 MOTION to Dismiss filed by Timothy M. Kaine, Viola O. Baskerville, Marilyn B. Tavenner, James S. Reinhard, Richard F. Sliwoski. (Moore, Ishneila) (Entered: 11/23/2009)	Nov. 23, 2009	Nov. 23, 2009
20	NOTICE by Timothy M. Kaine, Viola O. Baskerville, Marilyn B. Tavenner, James S. Reinhard, Richard F. Sliwoski of Filing (Attachments: # 1 Affidavit of Dix, # 2 Affidavit of Shrewsberry, # 3 Affidavit of Sivertson, # 4 Affidavit of Seward, # 5 Affidavit of Banks)(Moore, Ishneila) (Entered: 11/23/2009) 1 Affidavit of Dix View on PACER 2 Affidavit of Shrewsberry View on PACER 3 Affidavit of Sivertson View on PACER 4 Affidavit of Seward View on PACER 5 Affidavit of Banks View on PACER	Nov. 23, 2009	Nov. 23, 2009
21	Notice of Substitution of Counsel of Debra J. Prillaman by Robert P. McIntosh on behalf of United States Of America (McIntosh, Robert) (Entered: 11/24/2009)	Nov. 24, 2009	Nov. 24, 2009
22	ORDER granting 17 Motion for Leave to Participate as Amicus Curiae; the United States shall file a brief by November 24, 2009; the Plaintiff and the Defendant shall file any responses by November 27, 2009. Signed by District Judge Robert E. Payne on 11/23/09. (kyou, ) (Entered: 11/24/2009)	Nov. 24, 2009	Nov. 24, 2009
23	MOTION for Pro hac vice for Sheila Katherine Delaney by United States Of America. (kyou, ) (Entered: 11/24/2009)	Nov. 24, 2009	Nov. 24, 2009
24	Memorandum in Opposition re 10 MOTION to Dismiss filed by United States Of America. (Attachments: # 1 Exhibit Wagner (case), # 2 Exhibit, # 3 Exhibit Martinez (case), # 4 Exhibit Feeley (case), # 5 Exhibit Brantley (case))(McIntosh, Robert) (Entered: 11/24/2009) 1 Exhibit Wagner (case) View on PACER 2 Exhibit View on PACER 3 Exhibit Martinez (case) View on PACER 4 Exhibit Feeley (case) View on PACER 5 Exhibit Brantley (case) View on PACER	Nov. 24, 2009	Nov. 24, 2009 RECAP
25	So Ordered re 23 MOTION for Pro hac vice for Sheila Katherine Delaney filed by United States Of America. Signed by District Judge Robert E. Payne on 11/24/09. (kyou, ) (Entered: 11/25/2009)	Nov. 25, 2009	Nov. 25, 2009
26	Response to the United States' Memorandum of Law filed by Timothy M. Kaine, Viola O. Baskerville, Marilyn B. Tavenner, James S. Reinhard, Richard F. Sliwoski. (Moore, Ishneila) (Entered: 11/25/2009)	Nov. 25, 2009	Nov. 25, 2009
27	NOTICE by Timothy M. Kaine, Viola O. Baskerville, Marilyn B. Tavenner, James S. Reinhard, Richard F. Sliwoski (Attachments: # 1 Affidavit Second Declaration of Dix)(Moore, Ishneila) (Entered: 11/25/2009) 1 Affidavit Second Declaration of Dix View on PACER	Nov. 25, 2009	Nov. 25, 2009
28	Response to 24 Memorandum in Opposition, filed by The United States filed by Arc of Virginia, Inc., The. (Martinis, Jonathan) (Entered: 11/26/2009)	Nov. 26, 2009	Nov. 26, 2009
29	Minute Entry for proceedings held before District Judge Robert E. Payne: Motion Hearing held on 11/30/2009. Arguments had on Deft's Motion To Dismiss. Arguments had on Plaintiff's Motion for a Preliminary Injunction. Motions taken under advisement by the Court. (Court Reporter Diane Daffron, OCR.) (sneal, ) (Entered: 11/30/2009)	Nov. 30, 2009	Nov. 30, 2009
30	MEMORANDUM AND OPINION. Signed by District Judge Robert E. Payne on 12/16/09. (kyou, ) (Entered: 12/17/2009)	Dec. 17, 2009	Dec. 17, 2009 RECAP
31	ORDER denying 2 Motion for Preliminary Injunction; granting 10 Motion to Dismiss without prejudice. Signed by District Judge Robert E. Payne on 12/16/09. (kyou, ) (Entered: 12/17/2009)	Dec. 17, 2009	Dec. 17, 2009
32	NOTICE OF APPEAL as to 31 Order on Motion for Preliminary Injunction, Order on Motion to Dismiss, 30 Memorandum & Opinion by Arc of Virginia, Inc., The. (Martinis, Jonathan) (Entered: 12/28/2009)	Dec. 28, 2009	Dec. 28, 2009
33	USCA Appeal Fees received $ 455 receipt number 34683006528 re 32 Notice of Appeal filed by Arc of Virginia, Inc., The (lbre, ) (Entered: 12/29/2009)	Dec. 28, 2009	Dec. 28, 2009
34	Transmission of Notice of Appeal to US Court of Appeals re 32 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (lbre, ) (Entered: 12/29/2009)	Dec. 29, 2009	Dec. 29, 2009

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Case Details

State / Territory:

Virginia

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Olmstead Cases

Key Dates

Filing Date: Oct. 27, 2009

Closing Date: Oct. 12, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Arc of Virginia is an organization that advocates for the rights and full participation of all children and adults with intellectual and developmental disabilities.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Virginia, State

Defendant Type(s):

Hospital/Health Department