Case: Marlo M. v. Cansler

5:09-cv-00535 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Dec. 11, 2009

Closed Date: June 12, 2011

Clearinghouse coding complete

Case Summary

Plaintiffs, individuals with dual diagnoses of mental illness (MI) and developmental disabilities (DD), filed this lawsuit in the U.S. District Court for the Eastern District of North Carolina to challenge North Carolina's termination of state funding for their community-based services. Each plaintiff received home-based care through federal Medicaid waiver services and supplemental state funds for those with MI/DD dual diagnoses. When the state announced that it would end the supplemental st…

Plaintiffs, individuals with dual diagnoses of mental illness (MI) and developmental disabilities (DD), filed this lawsuit in the U.S. District Court for the Eastern District of North Carolina to challenge North Carolina's termination of state funding for their community-based services. Each plaintiff received home-based care through federal Medicaid waiver services and supplemental state funds for those with MI/DD dual diagnoses. When the state announced that it would end the supplemental state-funded services, the plaintiffs challenged this determination as a violation of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

The Plaintiffs filed a complaint on December 11, 2009, along with a motion for a temporary restraining order and preliminary injunction. The court (Judge Terrence W. Boyle) granted the temporary restraining order on December 14th. The United States (Department of Justice) filed a brief supporting the Plaintiffs' motion for preliminary injunction on December 23, 2009. After a hearing held on December 28, 2009, the court granted a preliminary injunction that prevented the state from reducing Plaintiffs' services. On January 14, 2010, Judge Boyle issued a written opinion granting the preliminary injunction, explaining that the Plaintiffs have demonstrated irreparable harm and are likely to succeed on the merits of their claim of an ADA violation in these service reductions.

The parties continued with discovery and mediation until the spring of 2011. At that time, the parties entered into a private settlement agreement, likely continuing the services that the Plaintiffs were receiving. The parties agreed to dismiss the case on June 13, 2011.

Summary Authors

Beth Kurtz (2/21/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/23751/parties/m-v-cansler/


Judge(s)

Boyle, Terrence William (North Carolina)

Attorneys(s) for Plaintiff

Bills, Jennifer Leah (North Carolina)

Rittelmeyer, John R. (North Carolina)

Stiles, Holly A. (North Carolina)

Attorneys(s) for Defendant

Brewer, Christopher P. (North Carolina)

Corbett, Lisa G. (North Carolina)

Hayman, Wilson (North Carolina)

Knight, David W. (District of Columbia)

Other Attorney(s)

Active

Active

Judge(s)

Boyle, Terrence William (North Carolina)

Attorneys(s) for Plaintiff

Bills, Jennifer Leah (North Carolina)

Rittelmeyer, John R. (North Carolina)

Stiles, Holly A. (North Carolina)

Attorneys(s) for Defendant

Brewer, Christopher P. (North Carolina)

Corbett, Lisa G. (North Carolina)

Hayman, Wilson (North Carolina)

Knight, David W. (District of Columbia)

Other Attorney(s)

Bagenstos, Samuel R. (District of Columbia)

Breen, Philip L. (District of Columbia)

Holder, Eric H. Jr. (District of Columbia)

Holding, George E.B. (North Carolina)

Perez, Thomas E. (District of Columbia)

Renfer, R. A. Jr. (North Carolina)

Wodatch, John L. (District of Columbia)

Wohlenhaus, Renee M. (District of Columbia)

Documents in the Clearinghouse

Document

5:09-cv-00535

Docket

June 13, 2011

June 13, 2011

Docket
5

5:09-cv-00535

Memorandum in Support of Motion for Temporary Restraining Order and Preliminary Injunction

Dec. 11, 2009

Dec. 11, 2009

Pleading / Motion / Brief
1

5:09-cv-00535

Complaint

Dec. 11, 2009

Dec. 11, 2009

Complaint
4

5:09-cv-00535

Motion for Temporary Restraining Order and Preliminary Injunction

Dec. 11, 2009

Dec. 11, 2009

Pleading / Motion / Brief
7

5:09-cv-00535

Order Granting Temporary Restraining Order

Dec. 14, 2009

Dec. 14, 2009

Order/Opinion
18

5:09-cv-00535

United States' Memorandum as Amicus Curiae in Support of Plaintiffs' Motion for Preliminary Injunction

Dec. 23, 2009

Dec. 23, 2009

Pleading / Motion / Brief
35

5:09-cv-00535

Order Granting Preliminary Injunction

679 F.Supp.2d 635

Jan. 14, 2010

Jan. 14, 2010

Order/Opinion
50

5:09-cv-00535

Stipulation of Voluntary Dismissal with Prejudice

June 13, 2011

June 13, 2011

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/23751/m-v-cansler/

Last updated July 29, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants ( Filing fee $ 350 receipt number 04170000000001049868.), filed by Marlo M., Durwood W.. (Attachments: # 1 Summons for Def. Cansler, # 2 Summons for Def. Salacki, # 3 Civil Cover Sheet) (Rittelmeyer, John) (Entered: 12/11/2009)

Dec. 11, 2009

Dec. 11, 2009

Clearinghouse
2

FINANCIAL DISCLOSURE STATEMENT by Marlo M.. (Rittelmeyer, John) (Entered: 12/11/2009)

Dec. 11, 2009

Dec. 11, 2009

PACER
3

FINANCIAL DISCLOSURE STATEMENT by Durwood W.. (Rittelmeyer, John) (Entered: 12/11/2009)

Dec. 11, 2009

Dec. 11, 2009

PACER
4

MOTION for Temporary Restraining Order and Preliminary Injunction by Marlo M., Durwood W.. (Attachments: # 1 Exhibit Declaration of Carlette Parris, # 2 Exhibit Declaration of Willie Williams, # 3 Exhibit Declaration of Joyce Barnes) (Rittelmeyer, John) (Entered: 12/11/2009)

Dec. 11, 2009

Dec. 11, 2009

Clearinghouse
5

Memorandum in Support re 4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Marlo M., Durwood W.. (Rittelmeyer, John) (Entered: 12/11/2009)

Dec. 11, 2009

Dec. 11, 2009

Clearinghouse

Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/applications/mediators.asp. Please serve this list on all parties. (Beasley, B.)

Dec. 11, 2009

Dec. 11, 2009

PACER

NOTICE TO COUNSEL: For future reference, counsel must complete the caption portion of the Financial Disclosure Statement. (Heath, D.)

Dec. 11, 2009

Dec. 11, 2009

PACER
6

Summons Issued as to Lanier Cansler, Karen Salacki. Counsel should print summons to effect service. (Talbert, S.) (Entered: 12/14/2009)

Dec. 14, 2009

Dec. 14, 2009

PACER
7

ORDER granting 4 Motion for TRO. Signed by Judge Terrence W. Boyle on 12/14/09. Copy of Order mailed to Defendants. (Talbert, S.) (Entered: 12/14/2009)

Dec. 14, 2009

Dec. 14, 2009

Clearinghouse
8

NOTICE of Hearing: Motion for Preliminary Injunction. Hearing before Judge Terrence Boyle on December 28, 2009 at 2:00 p.m. at the Terry Sanford Building in Raleigh. Copy of Notice of Hearing mailed to unserved defendants. (Talbert, S.) (Entered: 12/15/2009)

Dec. 15, 2009

Dec. 15, 2009

PACER
9

Joint MOTION to Continue DEFENDANTS LANIER CANSLER and KAREN SALACKI'S JOINT MOTION TO CONTINUE HEARING FOR PRELIMINARY INJUNCTION by Lanier Cansler, Karen Salacki. (Attachments: # 1 Exhibit Exhibit A: 12/14/09 Letter from Rittelmeyer to Salacki, # 2 Text of Proposed Order) (Brewer, Christopher) (Entered: 12/17/2009)

Dec. 17, 2009

Dec. 17, 2009

PACER
10

NOTICE of Appearance by Lisa G. Corbett on behalf of Lanier Cansler (Corbett, Lisa) (Entered: 12/17/2009)

Dec. 17, 2009

Dec. 17, 2009

PACER
11

NOTICE of Appearance by Wilson Hayman on behalf of Karen Salacki (Hayman, Wilson) (Entered: 12/18/2009)

Dec. 18, 2009

Dec. 18, 2009

PACER
12

NOTICE of Appearance by Jennifer Leah Bills on behalf of all plaintiffs (Bills, Jennifer) (Entered: 12/18/2009)

Dec. 18, 2009

Dec. 18, 2009

PACER
13

RESPONSE in Opposition re 9 Joint MOTION to Continue DEFENDANTS LANIER CANSLER and KAREN SALACKI'S JOINT MOTION TO CONTINUE HEARING FOR PRELIMINARY INJUNCTION filed by Marlo M., Durwood W.. (Attachments: # 1 Exhibit Email correspondence dated 12/10/09) (Rittelmeyer, John) (Entered: 12/18/2009)

Dec. 18, 2009

Dec. 18, 2009

PACER

Motions Submitted: 9 Joint MOTION to Continue DEFENDANTS LANIER CANSLER and KAREN SALACKI'S JOINT MOTION TO CONTINUE HEARING FOR PRELIMINARY INJUNCTION submitted to Judge Boyle's Chambers. (Talbert, S.)

Dec. 21, 2009

Dec. 21, 2009

PACER
14

MOTION for Leave to File Amicus Curiae by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order, # 2 Supplement Proposed Memorandum as Amicus Curiae) (Knight, David) (Entered: 12/21/2009)

Dec. 21, 2009

Dec. 21, 2009

PACER
15

Memorandum in Support re 14 MOTION for Leave to File Amicus Curiae filed by UNITED STATES OF AMERICA. (Knight, David) (Entered: 12/21/2009)

Dec. 21, 2009

Dec. 21, 2009

PACER
16

ORDER denying 9 Motion to Continue. PLEASE NOTE THAT THE HEARING ON THE MOTION FOR PRELIMINARY INJUNCTION WILL NOW BE HEARD AT 11:00 A.M. ON 12/28/09 NOT AT 2:00 P.M. Signed by Judge Terrence W. Boyle on 12/21/09. (Talbert, S.) (Entered: 12/21/2009)

Dec. 21, 2009

Dec. 21, 2009

PACER

CORRECTION TO THE NOTICE OF HEARING - THE MOTION FOR PRELIMINARY INJUNCTION WILL BE HEARD AT 11:00 A.M. AT THE TERRY SANFORD BUILDING IN RALEIGH ON 12/28/09 BEFORE JUDGE BOYLE. (Talbert, S.)

Dec. 21, 2009

Dec. 21, 2009

PACER

Motions Submitted: 14 MOTION for Leave to File Amicus Curiae submitted to Judge Boyle's chambers. (Talbert, S.)

Dec. 21, 2009

Dec. 21, 2009

PACER
17

ORDER granting 14 Motion for Leave to File Supplement Memorandum as Amicus Curiae. Counsel for USA is directed to re-file the Supplement Memorandum as Amicus Curiae so that is may appear on the docket as a separate entry. Signed by Judge Terrence W. Boyle on 12/22/09. (Talbert, S.) (Entered: 12/23/2009)

Dec. 23, 2009

Dec. 23, 2009

PACER
18

Memorandum in Support re 4 MOTION for Temporary Restraining Order and Preliminary Injunction as Amicus Curiae filed by UNITED STATES OF AMERICA. (Knight, David) (Entered: 12/23/2009)

Dec. 23, 2009

Dec. 23, 2009

Clearinghouse
19

RESPONSE re 4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Lanier Cansler. (Corbett, Lisa) (Entered: 12/23/2009)

Dec. 23, 2009

Dec. 23, 2009

PACER
20

RESPONSE re 4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Karen Salacki. (Hayman, Wilson) (Entered: 12/23/2009)

Dec. 23, 2009

Dec. 23, 2009

PACER
21

Memorandum in Opposition re 20 Response, 19 Response, 4 MOTION for Temporary Restraining Order and Preliminary Injunction (Joint) filed by Lanier Cansler, Karen Salacki. (Attachments: # 1 Exhibit 1 - Affidavit of Leza Wainwright, # 2 Exhibit 2 - Declaration of Rose Burnette, # 3 Exhibit 3 - Declaration of Karen M. Salacki, MSW, LCSW, ACSW) (Hayman, Wilson) (Entered: 12/23/2009)

Dec. 23, 2009

Dec. 23, 2009

PACER
22

REPLY to Response to Motion re 4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Marlo M., Durwood W.. (Attachments: # 1 Affidavit Declaration of Deborah B. Thome) (Rittelmeyer, John) (Entered: 12/24/2009)

Dec. 24, 2009

Dec. 24, 2009

PACER
23

MOTION to Amend/Correct 21 Memorandum in Opposition, DEFENDANT'S MOTION FOR LEAVE TO FILE CORRECTED ATTACHMENT B TO EXHIBIT 3 by Karen Salacki. (Attachments: # 1 Corrected Attachment B, # 2 Text of Proposed Order Order Granting Leave to Subsituted Corrected Attachment B) (Hayman, Wilson) (Entered: 12/28/2009)

Dec. 28, 2009

Dec. 28, 2009

PACER
27

Minute Entry for proceedings held before Judge Terrence W. Boyle: Motion Hearing held in Raleigh, NC on 12/28/2009 re 4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Durwood W., Marlo M. All parties present and ready to proceed with the hearing. After hearing from all parties Oral Order entered by the court. ORAL ORDER - Motion for Preliminary Injunction is GRANTED, reasons stated on the record - written order to follow. (Court Reporter Sharon Kroeger) (Ruffin, L.) (Entered: 01/04/2010)

Dec. 28, 2009

Dec. 28, 2009

PACER
24

AFFIDAVIT re 6 Summons Issued of Service by Certified Mail by Marlo M.. (Rittelmeyer, John) (Entered: 12/30/2009)

Dec. 30, 2009

Dec. 30, 2009

PACER
25

AFFIDAVIT re 6 Summons Issued of Service by Certified Mail by Marlo M.. (Rittelmeyer, John) (Entered: 12/30/2009)

Dec. 30, 2009

Dec. 30, 2009

PACER
26

MOTION for Extension of Time to File Answer re 1 Complaint by Lanier Cansler. (Attachments: # 1 Text of Proposed Order Extending time to file answer) (Corbett, Lisa) (Entered: 01/04/2010)

Jan. 4, 2010

Jan. 4, 2010

PACER
28

Corrected MOTION for Extension of Time to File Answer re 26 MOTION for Extension of Time to File Answer re 1 Complaint, 1 Complaint corrected to reflect eastern division in caption by Lanier Cansler. (Attachments: # 1 Text of Proposed Order granting extension of time to answer(corrected caption)) (Corbett, Lisa) (Entered: 01/04/2010)

Jan. 4, 2010

Jan. 4, 2010

PACER
29

MOTION for Extension of Time to File Answer re 1 Complaint by Karen Salacki. (Attachments: # 1 Text of Proposed Order Proposed Order granting enlargement of time to respond to complaint) (Hayman, Wilson) (Entered: 01/04/2010)

Jan. 4, 2010

Jan. 4, 2010

PACER

MOTIONS REFERRED: 28 Corrected MOTION for Extension of Time to File Answer re 26 MOTION for Extension of Time to File Answer re 1 Complaint, 1 Complaint corrected to reflect eastern division in captionCorrected MOTION for Extension of Time to File Answer re 26 MOTION for Extension of Time to File Answer re 1 Complaint, 1 Complaint corrected to reflect eastern division in caption, 29 MOTION for Extension of Time to File Answer re 1 Complaint referred to Clerk of Court. (Talbert, S.)

Jan. 4, 2010

Jan. 4, 2010

PACER

Motions Submitted: 23 MOTION to Amend/Correct 21 Memorandum in Opposition, DEFENDANT'S MOTION FOR LEAVE TO FILE CORRECTED ATTACHMENT B TO EXHIBIT 3 MOTION to Amend/Correct 21 Memorandum in Opposition, DEFENDANT'S MOTION FOR LEAVE TO FILE CORRECTED ATTACHMENT B TO EXHIBIT 3 submitted to Judge Boyle's Chambers. (Talbert, S.)

Jan. 4, 2010

Jan. 4, 2010

PACER
30

OFFICIAL TRANSCRIPT of MOTION FOR PRELIMINARY INJUNCTION Proceedings held on 12/28/09, before Judge Boyle. Court Reporter Sharon Kroeger. Transcript may be viewed at the court 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 PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's website.. Redaction Request due 1/25/2010. Redacted Transcript Deadline set for 2/4/2010. Release of Transcript Restriction set for 4/4/2010. (Steele, F.) (Entered: 01/04/2010)

Jan. 4, 2010

Jan. 4, 2010

PACER

NOTICE of Filing of Official Transcript 30 Transcript,,,. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Steele, F.)

Jan. 4, 2010

Jan. 4, 2010

PACER
31

ORDER granting 28 Motion for Extension of Time to Answer re 1 Complaint. Lanier Cansler answer due 2/5/2010. Signed by Clerk of Court on 1/5/10. (Talbert, S.) (Entered: 01/05/2010)

Jan. 5, 2010

Jan. 5, 2010

PACER
32

ORDER granting 29 Motion for Extension of Time to Answer re 1 Complaint. Karen Salacki answer due 2/5/2010. Signed by Clerk of Court on 1/5/10. (Talbert, S.) (Entered: 01/05/2010)

Jan. 5, 2010

Jan. 5, 2010

PACER
33

ORDER granting Defendant's Corrected Attachment B to be filed under seal. Signed by Judge Terrence W. Boyle on 1/5/10. (Talbert, S.) (Entered: 01/05/2010)

Jan. 5, 2010

Jan. 5, 2010

PACER
34

SEALED Exhibit B - Hearing Officer's Report by Defendant Karen Salacki re 21 Memorandum in Opposition. (Talbert, S.) (Entered: 01/05/2010)

Jan. 5, 2010

Jan. 5, 2010

PACER
35

ORDER GRANTING 4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Durwood W., Marlo M. Signed by Judge Terrence W. Boyle on 1/14/10. (Talbert, S.) (Entered: 01/15/2010)

Jan. 15, 2010

Jan. 15, 2010

Clearinghouse
36

ANSWER to 1 Complaint by Lanier Cansler. (Corbett, Lisa) (Entered: 02/05/2010)

Feb. 5, 2010

Feb. 5, 2010

PACER
37

FINANCIAL DISCLOSURE STATEMENT by Lanier Cansler (Corbett, Lisa) (Entered: 02/05/2010)

Feb. 5, 2010

Feb. 5, 2010

PACER
38

ANSWER to 1 Complaint by Karen Salacki. (Hayman, Wilson) (Entered: 02/05/2010)

Feb. 5, 2010

Feb. 5, 2010

PACER
39

FINANCIAL DISCLOSURE STATEMENT by Karen Salacki. (Hayman, Wilson) (Entered: 02/05/2010)

Feb. 5, 2010

Feb. 5, 2010

PACER
40

ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Clerk of Court on 2/8/10. (Talbert, S.) (Entered: 02/08/2010)

Feb. 8, 2010

Feb. 8, 2010

PACER
41

Rule 26(f) Report (joint) by Marlo M., Durwood W., Lanier Cansler, Karen Salacki. (Hayman, Wilson) (Entered: 03/05/2010)

March 5, 2010

March 5, 2010

PACER
42

SCHEDULING ORDER: Discovery due by 9/15/2010. Motions due by 10/15/2010.Counsel should review the Order in its entirety for critical deadlines and information. Signed by USMJ James E. Gates on 3/12/10. (Talbert, S.) (Entered: 03/12/2010)

March 12, 2010

March 12, 2010

PACER

Pursuant to Local ADR Rule 101.1c(a), counsel is reminded that the parties must file a statement identifying an agreed upon mediator within twenty one (21) days of the entry of the Scheduling Order. If a statement is not timely filed, the Clerk of Court will appoint a mediator from the list of court certified mediators. (Beasley, B.)

March 16, 2010

March 16, 2010

PACER
43

NOTICE by Marlo M., Durwood W., Lanier Cansler, Karen Salacki NOTICE OF SELECTION OF MEDIATOR (Hayman, Wilson) (Entered: 04/01/2010)

April 1, 2010

April 1, 2010

PACER
44

ORDER Appointing Mediator Anne R. Slifkin appointed. Signed by Clerk of Court on 7/1/2010. (Beasley, B.) (Entered: 07/01/2010)

July 1, 2010

July 1, 2010

PACER
45

Joint MOTION for Extension of Time to Complete Discovery and to File Dispositive Motions by Lanier Cansler, Marlo M., Karen Salacki, Anne R. Slifkin, Durwood W. (Attachments: # 1 Text of Proposed Order) (Brewer, Christopher) (Entered: 08/30/2010)

Aug. 30, 2010

Aug. 30, 2010

PACER

MOTION REFERRED: 45 Joint MOTION for Extension of Time to Complete Discovery and to File Dispositive Motions referred to U.S. Magistrate Judge James E. Gates. (Talbert, S.)

Aug. 31, 2010

Aug. 31, 2010

PACER
46

AMENDED SCHEDULING ORDER - Fact Discovery shall be completed by October 15, 2010. Dispositive Motions shall be filed by November 15, 2010. All other provisions of the Original Scheduling Order remain in effect. Signed by USMJ James E. Gates on 9/1/10. (Talbert, S.) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
47

Joint MOTION to Stay re 46 Order on Motion for Extension of Time to Complete Discovery, and to Amend Discovery Scheduling Order by Lanier Cansler, Marlo M., Karen Salacki, Durwood W. (Attachments: # 1 Text of Proposed Order) (Hayman, Wilson). (Entered: 10/11/2010)

Oct. 11, 2010

Oct. 11, 2010

PACER
48

NOTICE by Lanier Cansler, Marlo M., Karen Salacki, Durwood W. re 47 Joint MOTION to Stay re 46 Order on Motion for Extension of Time to Complete Discovery, and to Amend Discovery Scheduling OrderJoint MOTION to Stay re 46 Order on Motion for Extension of Time to Complete Discovery, and to Amend Discovery Scheduling Order EXHIBIT A TO JOINT MOTION TO STAY (Hayman, Wilson) (Entered: 10/11/2010)

Oct. 11, 2010

Oct. 11, 2010

PACER

Motion Submitted: 47 Joint MOTION to Stay re 46 Order on Motion for Extension of Time to Complete Discovery, and to Amend Discovery Scheduling Order submitted to Judge Boyle's chambers. (Talbert, S.)

Oct. 12, 2010

Oct. 12, 2010

PACER
49

ORDER granting 47 Motion to Stay and Amending Scheduling Order. Discovery is STAYED until 4/1/11 and all discovery shall be completed by 5/1/11. All dispositive motions shall be filed by 6/1/11. Counsel should review the Order in its entirety for critical deadlines and information. Signed by Judge Terrence W. Boyle on 10/13/10. (Talbert, S.) (Entered: 10/14/2010)

Oct. 14, 2010

Oct. 14, 2010

PACER

Remark - Received a call that this case has been settled and the parties are working on the settlement documents and hope to have the Stipulation of Dismissal filed by May 2011. (Talbert, S.)

March 29, 2011

March 29, 2011

PACER
50

STIPULATION of Dismissal With Prejudice by Marlo M. (Rittelmeyer, John) (Entered: 06/13/2011)

June 13, 2011

June 13, 2011

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 11, 2009

Closing Date: June 12, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are individuals with dual diagnoses of developmental disabilities and mental illness who receive community-based support services through a federal Medicaid waiver program and supplemental state funds.

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

NC Department of Health and Human Services, State

Beacon Center Local Management Entity, None

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

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Order Duration: 2011 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Deinstitutionalization/decarceration

Funding

Habilitation (training/treatment)

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

Benefit Source:

Medicaid