Filed Date: Dec. 4, 2012
Closed Date: 2013
Clearinghouse coding complete
On December 4, 2012, a 21-year-old with muscular dystrophy filed this lawsuit against the California Department of Health Care Services in the U.S. District Court for the Eastern District of California. Prior to turning 21, the plaintiff had received 615 hours of Medi-Cal funded, in-home nursing care per month. Once he turned 21 in September 2012, however, the state reduced his nursing care by 200 hours per month due to its restrictions on funded nursing hours for adults, despite the fact that his condition remained the same. The plaintiff alleged that the reduction in nursing hours put him at serious risk of unnecessary institutionalization in violation of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. He also alleged a deprivation of the constitutional right to procedural due process under 42 U.S.C. § 1983. The plaintiff sought declaratory and injunctive relief to prevent the reduction in his in-home nursing care.
On August 1, 2013, Judge William B. Shubb dismissed the case pursuant to the parties' settlement agreement. Under the terms of the agreement, the plaintiff was permitted to select any combination of services available under the state plan to address his health care needs. The plaintiff could also, when medically necessary, submit a request to be reassessed for additional waiver services. The defendant agreed to pay $69,500 in attorneys' fees and costs. The case is now closed.
Summary Authors
Beth Kurtz (2/22/2013)
Eva Richardson (10/21/2018)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5918887/parties/carranza-v-douglas/
Delaney, Carolyn K. (California)
Bird, Melinda R. (California)
Coleman, Jacquline Yvonne (California)
Armstrong, Rebecca M. (California)
Harris, Kamala D. (California)
See docket on RECAP: https://www.courtlistener.com/docket/5918887/carranza-v-douglas/
Last updated April 12, 2024, 3:23 a.m.
State / Territory: California
Case Type(s):
Public Benefits/Government Services
Special Collection(s):
Key Dates
Filing Date: Dec. 4, 2012
Closing Date: 2013
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiff is a 21-year-old with muscular dystrophy. He requires extensive home nursing care to allow him to live in the community.
Plaintiff Type(s):
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
California Department of Health Care Services, 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
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Content of Injunction:
Amount Defendant Pays: 69,500
Order Duration: 2013 - 2013
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: