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


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

Docket

June 13, 2011 Docket
5

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

Dec. 11, 2009 Pleading / Motion / Brief
4

Motion for Temporary Restraining Order and Preliminary Injunction

Dec. 11, 2009 Pleading / Motion / Brief
1

Complaint

Dec. 11, 2009 Complaint
7

Order Granting Temporary Restraining Order

Dec. 14, 2009 Order/Opinion
18

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

Dec. 23, 2009 Pleading / Motion / Brief
35

Order Granting Preliminary Injunction

679 F.Supp.2d 635

Jan. 14, 2010 Order/Opinion
50

Stipulation of Voluntary Dismissal with Prejudice

June 13, 2011 Pleading / Motion / Brief

Docket

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

Docket sheet not available via the Clearinghouse.

State / Territory: North Carolina

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

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