Filed Date: May 6, 2010
Closed Date: 2011
Clearinghouse coding complete
On May 6, 2010, the United States Department of Justice ("DOJ") filed a complaint in the United States District Court for the Eastern District of Arkansas under Title II of the Americans With Disabilities Act ("ADA") against the State of Arkansas. The Department of Justice asked the court to issue an injunction, claiming that the State discriminates against people with developmental disabilities by not providing programs that are the most appropriate for their needs. Specifically, the DOJ claimed that in administering developmental disability services, the State of Arkansas unnecessarily segregates and isolates persons with disabilities from the community.
Previously, the DOJ had filed suit against the State of Arkansas (ID-AR-002) and the Conway Human Development Center ("CHDC") alleging that the manner in which the State provides services to persons with disabilities residing in the CHDC violated the Fourteenth Amendment, the ADA, and the Disabilities Education Act. The DOJ moved to dismiss Count II of the CHDC complaint in order to pursue the statewide action.
The State moved to dismiss the case, arguing that the DOJ did not fulfill the procedural requirements to bring suit under Title II of the ADA, as stated in the Code of Federal Regulations. The regulations set forth an administrative process, that prior to filing a lawsuit, that requires a complaint by an individual of discrimination to an agency with jurisdiction over the subject matter, an attempt at an informal resolution, issuance of a formal letter of compliance or noncompliance, and a referral by the federal agency to the Attorney General for enforcement. On January 24, 2011, the District Court (Judge J. Leon Holmes) dismissed the case without prejudice because the court found that the DOJ had not followed the administrative process set forth in the regulations.
Summary Authors
Ashley Grolig (9/21/2014)
USA v. Arkansas, Eastern District of Arkansas (2009)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5391377/parties/united-states-v-arkansas-state-of/
Bagenstos, Samuel R. (District of Columbia)
Coon, Laura (District of Columbia)
Cuncannan, Jacqueline (District of Columbia)
Donnelly, Matthew J. (District of Columbia)
Herman, Vincent P. (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/5391377/united-states-v-arkansas-state-of/
Last updated Oct. 17, 2025, 10:49 a.m.
State / Territory:
Case Type(s):
Intellectual Disability (Facility)
Special Collection(s):
Multi-LexSum (in sample)
Olmstead Cases
Key Dates
Filing Date: May 6, 2010
Closing Date: 2011
Case Ongoing: No
Plaintiffs
Plaintiff Description:
United States of America - Department of Justice
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Constitutional Clause(s):
Other Dockets:
Eastern District of Arkansas 4:10-cv-00327
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Granted:
Source of Relief:
Content of Injunction:
Develop anti-discrimination policy
Issues
General/Misc.:
Access to public accommodations - governmental
Reassessment and care planning
Disability and Disability Rights:
Intellectual/developmental disability, unspecified
Discrimination Basis:
Disability (inc. reasonable accommodations)
Jails, Prisons, Detention Centers, and Other Institutions:
Deinstitutionalization/decarceration
Medical/Mental Health Care: