Case: Disability Rights New Jersey v. Velez

3:05-cv-04723 | U.S. District Court for the District of New Jersey

Filed Date: Sept. 29, 2005

Closed Date: Aug. 1, 2017

Clearinghouse coding complete

Case Summary

NOTE: This is one of three identically named cases in the Clearinghouse. For the 2005 case challenging New Jersey's overuse of Conditional Extension Pending Placement (CEPP), see PB-NJ-0003. For the 2008 case challenging the long waitlists for community-based waiver services, see PB-NJ-0004.Disability Rights New Jersey (DRNJ), the state Protection and Advocacy agency, filed this lawsuit to challenge New Jersey's pervasive over-institutionalization of individuals with developmental disabilitie…

NOTE: This is one of three identically named cases in the Clearinghouse. For the 2005 case challenging New Jersey's overuse of Conditional Extension Pending Placement (CEPP), see PB-NJ-0003. For the 2008 case challenging the long waitlists for community-based waiver services, see PB-NJ-0004.

Disability Rights New Jersey (DRNJ), the state Protection and Advocacy agency, filed this lawsuit to challenge New Jersey's pervasive over-institutionalization of individuals with developmental disabilities. In its complaint filed in the U.S. District Court for the District of New Jersey on September 29, 2005, DRNJ alleged that the state's failure to provide community-based support services, housing, and appropriate assessment tools has lead to the unnecessary institutionalization of this population in violation of the Americans with Disabilities Act (under the 1999 Supreme Court precedent, Olmstead v. L.C.), Section 504 of the Rehabilitation Act, and the federal Medicaid statute.

After a long period of discovery and negotiation, the parties filed cross-motions for summary judgment on March 25, 2010. Because the Defendants' summary judgment motion attacked the constitutionality of the ADA and Section 504, the U.S. Department of Justice (DOJ) filed a motion to intervene to defend the constitutionality of a federal statute. DOJ (Civil Rights Division) also separately filed a brief supporting the Plaintiffs on the merits of their motion for summary judgment.

On September 24, 2010, Judge Anne E. Thompson denied the Plaintiffs' motion and most of the Defendants' motion. She granted summary judgment to the Defendants, however, on the Plaintiffs' Medicaid Act claims, finding that the Plaintiffs do not claim a right to access financial assistance under Medicaid, but rather, they wish to access certain medical services and thus cannot raise a claim under the statute. After this order, the Plaintiffs filed a motion for reconsideration on that issue on October 6, 2010. They argued that the financial assistance v. medical services distinction had been overturned by the 2010 Patient Protection and Affordable Care Act (PPACA), and that the PPACA had resolved a circuit split and specifically overturned the cases from other circuits upon which Judge Thompson had relied in her decision. In light of this, the Judge granted the motion for reconsideration and reinstated the Plaintiffs' Medicaid claim on December 2, 2010.

After more discovery and negotiation, the parties ultimately agreed to a settlement in December 2012, which was entered by the court upon the case's dismissal in March 2013. The settlement agreement resolved both this case and a case challenging the long waitlists for Medicaid-funded Home and Community Based Waiver Services (see PB-NJ-0004).

Through this agreement, the State will discharge all community-eligible individuals from institutions by 2017 (about 600 people) and provide necessary services. The state will also increase screening and diversion services for those who are slated for placement in an institution. The agreement also includes funding for a consultant who will assist in implementing the agreement, and allows for Disability Rights New Jersey to serve as a monitor.

The agreement ended in 2017, and the case is now closed.

Summary Authors

Beth Kurtz (4/13/2013)

Related Cases

Disability Rights New Jersey v. Velez, District of New Jersey (2008)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5776290/parties/new-jersey-protection-advocacy-inc-v-velez/


Judge(s)

Thompson, Anne Elise (New Jersey)

Attorneys(s) for Plaintiff

Berkley, Brian Anthony (Pennsylvania)

Carr, Jeffrey A. (Pennsylvania)

Cooney, Bernard J. (New Jersey)

Duffield, Robert P. II (New Jersey)

Dwyer, William Emmett (New Jersey)

Gibson, William (New Jersey)

Kearney, John B. (New Jersey)

Kuzinski, Eugene J. (New Jersey)

McIlvain, James Bradford (Pennsylvania)

Judge(s)

Thompson, Anne Elise (New Jersey)

Attorneys(s) for Plaintiff

Berkley, Brian Anthony (Pennsylvania)

Carr, Jeffrey A. (Pennsylvania)

Cooney, Bernard J. (New Jersey)

Duffield, Robert P. II (New Jersey)

Dwyer, William Emmett (New Jersey)

Gibson, William (New Jersey)

Kearney, John B. (New Jersey)

Kuzinski, Eugene J. (New Jersey)

McIlvain, James Bradford (Pennsylvania)

Nelson, Travis P. (Pennsylvania)

Stio, Angelo A. III (Pennsylvania)

Walsh, Rosemary Bates (Pennsylvania)

Attorneys(s) for Defendant

Beaty, Mary Stephanie (New Jersey)

Beran, Gail R. (New Jersey)

Dacosta, David L (New Jersey)

D'Amora, Natalie (Pennsylvania)

Dow, Paula T. (New Jersey)

Duff, Amy E. (New Jersey)

Dugan, Jennifer L. (New Jersey)

Hughes, Gerard Andrew (New Jersey)

Kalik, Lance J. (New Jersey)

Liss, Brenda C. (New Jersey)

Mitchell, Beth Leigh (New Jersey)

Other Attorney(s)

Bagenstos, Samuel R. (District of Columbia)

Farano, Richard J. (District of Columbia)

Fishman, Paul (New Jersey)

Perez, Thomas E. (District of Columbia)

Phillips, Dirk Christian (District of Columbia)

Preston, Judith (Judy) C. (District of Columbia)

Ruymann, John Andrew (District of Columbia)

Silver, Jessica Dunsay (District of Columbia)

Documents in the Clearinghouse

Document

3:05-cv-04723

Docket

March 6, 2013

March 6, 2013

Docket
17

3:05-cv-04723

Amended Complaint for Declaratory and Injuntive Relief

New Jersey Protection and Advocacy, Inc. v. Bruno

Feb. 1, 2007

Feb. 1, 2007

Complaint
54

3:05-cv-04723

Plaintiffs' Motion for Summary Judgment

Disability Rights New Jersey, Inc. v. Velez

March 25, 2010

March 25, 2010

Pleading / Motion / Brief
56

3:05-cv-04723

Defendants' Motion for Summary Judgment

Disability Rights New Jersey, Inc. v. Velez

March 25, 2010

March 25, 2010

Notice Letter
63

3:05-cv-04723

Brief of the United States as Intervenor in Support of the Constitutionality of Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act

Disability Rights New Jersey, Inc. v. Velez

May 24, 2010

May 24, 2010

Pleading / Motion / Brief
67

3:05-cv-04723

Brief of the United States as Amicus Curiae in Support of Plaintiffs' Motion for Summary Judgment

Disability Rights New Jersey, Inc. v. Velez

June 21, 2010

June 21, 2010

Pleading / Motion / Brief
82

3:05-cv-04723

Opinion and Order

Disability Rights New Jersey, Inc. v. Velez

2010 WL 3862536

Sept. 24, 2010

Sept. 24, 2010

Order/Opinion
84

3:05-cv-04723

Notice of Plaintiffs' Motion for Reconsideration of the Court's September 24, 2010 Opinion and Order

Disability Rights New Jersey, Inc. v. Velez

Oct. 6, 2010

Oct. 6, 2010

Notice Letter
90

3:05-cv-04723

Opinion and Order

Disability Rights New Jersey, Inc. v. Velez

2010 WL 5055820

Nov. 30, 2010

Nov. 30, 2010

Order/Opinion
149

3:05-cv-04723

Order

Disability Rights New Jersey, Inc. v. Velez

Dec. 21, 2012

Dec. 21, 2012

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5776290/new-jersey-protection-advocacy-inc-v-velez/

Last updated Aug. 7, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
74

OPINION & ORDER denying without prejudice 55 Pltfs' Motion to Exclude the Testimony of Deft's Expert Robert Gettings. Signed by Judge Anne E. Thompson on 8/8/2010. (gxh)

Aug. 10, 2010

Aug. 10, 2010

RECAP
82

OPINION & ORDER denying 54 Pltfs' Motion for Summary Judgment; granting in part and denying in part 56 Defts' Motion for Summary Judgment; that Pltfs' Medicaid Act claim (Count III of the Amended Complaint) is DISMISSED. Signed by Judge Anne E. Thompson on 9/24/2010. (gxh)

Sept. 24, 2010

Sept. 24, 2010

RECAP
90

OPINION & ORDER granting 84 Pltfs' Motion for Reconsideration; that Pltfs' Medicaid Act claim (Count III of the Amended Complaint) is hereby reinstated. Signed by Judge Anne E. Thompson on 11/30/2010. (gxh)

Dec. 2, 2010

Dec. 2, 2010

RECAP

Case Details

State / Territory: New Jersey

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2005

Closing Date: Aug. 1, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Disability Rights New Jersey is the state Protection and Advocacy agency. DRNJ brings this case on behalf of individuals with developmental disabilities living in New Jersey.

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

New Jersey Department of Human Services, State

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

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Due Process

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

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2013 - 2017

Content of Injunction:

Discrimination Prohibition

Monitoring

Preliminary relief granted

Reasonable Accommodation

Reporting

Issues

General:

Deinstitutionalization/decarceration

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

Mental Disability:

Intellectual/developmental disability, unspecified

Benefit Source:

Medicaid