Case: United States v. State of Maine

1:24-cv-00315 | U.S. District Court for the District of Maine

Filed Date: Sept. 9, 2024

Case Ongoing

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Case Summary

This is a case alleging that the state of Maine engaged in healthcare discrimination against children with behavioral disabilities. On September 9, 2024, the U.S. Department of Justice brought this lawsuit against Maine, alleging that the state violated the ADA by unnecessarily separating children with behavioral disabilities from their families and placing them in institutions.  The DOJ argued that defendant’s community-based services were not available when children with behavioral health dis…

This is a case alleging that the state of Maine engaged in healthcare discrimination against children with behavioral disabilities.

On September 9, 2024, the U.S. Department of Justice brought this lawsuit against Maine, alleging that the state violated the ADA by unnecessarily separating children with behavioral disabilities from their families and placing them in institutions. 

The DOJ argued that defendant’s community-based services were not available when children with behavioral health disabilities needed them which resulted in unnecessary segregation. Further, defendant had a long waitlist for community-based services, it did not invest in community providers, and crisis services were often unavailable. The complaint also alleged that defendant used its juvenile detention facility as a de facto psychiatric facility, and that defendant did not invest in therapeutic foster care. The case was assigned to Judge Stacey D. Neumann.

On November 26, 2024, the parties filed a joint motion to dismiss along with a proposed settlement agreement. The parties agreed that the court will retain jurisdiction to enforce the agreement and that an independent reviewer will evaluate defendant's compliance. The settlement requires that defendant make multiple changes to help children with behavioral disabilities remain with their families. This includes providing services to avoid emergency department stays, identifying children with disabilities and providing them with the full range of available services, addressing the workforce shortage of community-service providers, and providing mobile crisis interventions.

As of December 13, 2024, this case is ongoing.

Summary Authors

Cara Claflin (1/4/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69142318/parties/united-states-v-state-of-maine/


Attorney for Plaintiff
Attorney for Defendant

KNOWLTON, THOMAS A. (Maine)

Expert/Monitor/Master/Other

BONAUTO, MARY (Maine)

EISWERTH, CHRISTOPHER A. (Maine)

GARVAN, CAROL (Maine)

HEIDEN, ZACHARY L. (Maine)

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Documents in the Clearinghouse

No documents yet available via the Clearinghouse.

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69142318/united-states-v-state-of-maine/

Last updated Oct. 25, 2025, 10:39 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against STATE OF MAINE, filed by UNITED STATES OF AMERICA. (Service of Process Deadline 12/9/2024)(cjd) (Entered: 09/09/2024)

Sept. 9, 2024

Sept. 9, 2024

RECAP
2

CIVIL COVER SHEET. (cjd) (Entered: 09/09/2024)

Sept. 9, 2024

Sept. 9, 2024

PACER
3

Summons Issued as to STATE OF MAINE. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (mmy) (Entered: 09/10/2024)

Sept. 10, 2024

Sept. 10, 2024

PACER
4

SUMMONS Returned Executed by UNITED STATES OF AMERICA. STATE OF MAINE served on 9/16/2024. (THOMAS, VICTORIA) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

PACER
5

NOTICE of Appearance by DANIELLE BETH ROSENTHAL on behalf of UNITED STATES OF AMERICA (ROSENTHAL, DANIELLE) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

PACER

Set Answer Deadline Regarding Summons Returned Executed for STATE OF MAINE: Answer due by 10/7/2024. (mmy)

Sept. 18, 2024

Sept. 18, 2024

PACER
6

NOTICE of Appearance by KIMBERLY L. PATWARDHAN on behalf of STATE OF MAINE (PATWARDHAN, KIMBERLY) (Entered: 09/19/2024)

Sept. 19, 2024

Sept. 19, 2024

PACER
7

NOTICE of Appearance by THOMAS A. KNOWLTON on behalf of STATE OF MAINE (KNOWLTON, THOMAS) (Entered: 09/19/2024)

Sept. 19, 2024

Sept. 19, 2024

PACER
8

Consent MOTION to Extend Time to File Answer re 1 Complaint by STATE OF MAINE Responses due by 10/10/2024. (PATWARDHAN, KIMBERLY) (Entered: 09/19/2024)

Sept. 19, 2024

Sept. 19, 2024

PACER
9

ORDER granting 8 Motion to Extend Time to File Response to Complaint. Time is extended to November 1, 2024. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 09/20/2024)

Sept. 20, 2024

Sept. 20, 2024

PACER

Order on Motion for Extension of Time to Answer

Sept. 20, 2024

Sept. 20, 2024

PACER

Reset Answer Deadline for State of Maine : Answer due by 11/1/2024. (cjd)

Sept. 20, 2024

Sept. 20, 2024

PACER
10

Consent MOTION to Extend Time to File Answer re 1 Complaint by STATE OF MAINE Responses due by 11/20/2024. (PATWARDHAN, KIMBERLY) (Entered: 10/30/2024)

Oct. 30, 2024

Oct. 30, 2024

PACER
11

ORDER granting 10 Motion to Extend Time to File Response to Complaint. Time is extended to November 15, 2024. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 10/30/2024)

Oct. 30, 2024

Oct. 30, 2024

PACER

Order on Motion for Extension of Time to Answer

Oct. 30, 2024

Oct. 30, 2024

PACER

Reset Answer Deadline for STATE OF MAINE per Order #11: Answer due by 11/15/2024. (mmy)

Oct. 31, 2024

Oct. 31, 2024

PACER
12

Consent MOTION to Extend Time to File Answer re 1 Complaint by STATE OF MAINE Responses due by 12/6/2024. (PATWARDHAN, KIMBERLY) (Entered: 11/15/2024)

Nov. 15, 2024

Nov. 15, 2024

PACER
13

NOTICE/CORRESPONDENCE Re: Response Deadline by STATE OF MAINE (PATWARDHAN, KIMBERLY) (Entered: 11/15/2024)

Nov. 15, 2024

Nov. 15, 2024

PACER
14

ORDER granting 12 Motion to Extend Time to File Response to Complaint. Time is extended to November 22, 2024. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 11/16/2024)

Nov. 16, 2024

Nov. 16, 2024

PACER

Order on Motion for Extension of Time to Answer

Nov. 16, 2024

Nov. 16, 2024

PACER
15

Consent MOTION to Extend Time to File Answer re 1 Complaint by STATE OF MAINE Responses due by 12/13/2024. (PATWARDHAN, KIMBERLY) (Entered: 11/22/2024)

Nov. 22, 2024

Nov. 22, 2024

PACER
16

ORDER granting 15 Motion to Extend Time to File Response to Complaint. Time is extended to November 27, 2024 By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 11/22/2024)

Nov. 22, 2024

Nov. 22, 2024

PACER

Order on Motion for Extension of Time to Answer

Nov. 22, 2024

Nov. 22, 2024

PACER

Reset Answer Deadline for STATE OF MAINE per Order #16: Answer due by 11/27/2024. (mmy)

Nov. 25, 2024

Nov. 25, 2024

PACER
17

Joint MOTION Dismiss and Retain Jurisdiction by UNITED STATES OF AMERICA Responses due by 12/17/2024. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A to Proposed Order - Settlement Agreement)(THOMAS, VICTORIA) Modified on 11/26/2024 to correct motion type from miscellaneous relief to dismiss (mmy). (Entered: 11/26/2024)

1 Text of Proposed Order

View on RECAP

2 Exhibit A to Proposed Order - Settlement Agreement

View on RECAP

Nov. 26, 2024

Nov. 26, 2024

RECAP
18

Joint MOTION for Confidentiality Order by UNITED STATES OF AMERICA Responses due by 12/17/2024. (Attachments: # 1 Exhibit A - Text of Proposed Confidentiality Order, # 2 Exhibit B - Redline of Proposed Confidentiality Order Against Court's Form Confidentiality Order)(THOMAS, VICTORIA) (Entered: 11/26/2024)

1 Exhibit A - Text of Proposed Confidentiality Order

View on RECAP

2 Exhibit B - Redline of Proposed Confidentiality Order Against Court's Form

View on RECAP

Nov. 26, 2024

Nov. 26, 2024

RECAP
19

CONSENT CONFIDENTIALITY ORDER granting 18 Motion for Confidentiality Order. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 11/27/2024)

Nov. 27, 2024

Nov. 27, 2024

RECAP
20

ORDER ON MOTION TO DISMISS AND RETAIN JURISDICTION granting 17 Motion to Dismiss and Retain Jurisdiction By JUDGE STACEY D. NEUMANN. (Attachments: # 1 Exhibit A) (mmy) (Entered: 12/20/2024)

1 Exhibit A

View on PACER

Dec. 20, 2024

Dec. 20, 2024

RECAP
21

JUDGMENT OF DISMISSAL By DEPUTY CLERK: M. York(mmy) (Entered: 12/20/2024)

Dec. 20, 2024

Dec. 20, 2024

PACER
22

MOTION by Attorney Danielle B. Rosenthal to Withdraw as Attorney by UNITED STATES OF AMERICA Responses due by 4/25/2025. (ROSENTHAL, DANIELLE) (Entered: 04/04/2025)

April 4, 2025

April 4, 2025

RECAP
23

ORDER granting 22 Motion to Withdraw as Attorney. By JUDGE STACEY D. NEUMANN. (mjlt) (Entered: 04/04/2025)

April 4, 2025

April 4, 2025

PACER

Order on Motion to Withdraw as Attorney

April 4, 2025

April 4, 2025

PACER
24

NOTICE/CORRESPONDENCE Re: Intent to Participate by Disability Rights Maine, American Civil Liberties Union of Maine, GLAD Law and Center for Public Representation by DISABILITY RIGHTS MAINE (SWIFT, CORIN) (Entered: 07/28/2025)

July 28, 2025

July 28, 2025

RECAP
25

NOTICE of Docket Entry Modification regarding 24 MOTION for Leave to File Amicus Brief : to reflect entry is a motion. (cjd) (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

PACER

Set Deadlines as to 24 MOTION for Leave to File Amicus Brief : Responses due by 8/18/2025. Reply due by 9/2/2025. (cjd)

July 29, 2025

July 29, 2025

PACER
26

CERTIFICATION for Admission Pro Hac Vice of Christopher A. Eiswerth: Lakeisha F. Mays filed by CORIN R. SWIFT on behalf of DISABILITY RIGHTS MAINE (Total admission fee $ 400 receipt number AMEDC-3150177.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (Attachments: # 1 Lakiesha Mays PHV Certificate Form)(SWIFT, CORIN) (Entered: 08/06/2025)

1 Lakiesha Mays PHV Certificate Form

View on PACER

Aug. 6, 2025

Aug. 6, 2025

PACER
27

NOTICE of APPROVAL by Clerk's Office re 26 Certification for Admission Pro Hac Vice,, Attorney CHRISTOPHER A. EISWERTH,LAKEISHA F. MAYS for DISABILITY RIGHTS MAINE added to this specific case only. Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney Eiswerth and Mays must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 8/13/2025. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (lrt) (Entered: 08/06/2025)

Aug. 6, 2025

Aug. 6, 2025

PACER
28

RESPONSE to Motion re 24 MOTION for Leave to File Amicus Brief filed by UNITED STATES OF AMERICA. Reply due by 9/2/2025. (THOMAS, VICTORIA) (Entered: 08/18/2025)

Aug. 18, 2025

Aug. 18, 2025

RECAP
29

RESPONSE to Motion re 24 MOTION for Leave to File Amicus Brief filed by STATE OF MAINE. Reply due by 9/2/2025. (PATWARDHAN, KIMBERLY) (Entered: 08/18/2025)

Aug. 18, 2025

Aug. 18, 2025

RECAP
30

REPLY to Response to Motion re 24 MOTION for Leave to File Amicus Brief filed by DISABILITY RIGHTS MAINE. (SWIFT, CORIN) (Entered: 09/02/2025)

Sept. 2, 2025

Sept. 2, 2025

RECAP
31

Joint MOTION to Amend Settlement Agreement by UNITED STATES OF AMERICA Responses due by 9/23/2025. (Attachments: # 1 Ex. A First Modified Agreement, # 2 Ex. B First Modified Agreement Compare, # 3 Text of Proposed Order)(THOMAS, VICTORIA) Modified on 9/3/2025 to remove duplicate attachment text (mmy). (Entered: 09/02/2025)

Sept. 2, 2025

Sept. 2, 2025

PACER
32

NOTICE of Docket Entry Modification regarding 31 Joint MOTION to Amend Settlement Agreement: This docket entry was modified to delete duplicative attachment text. Counsel are asked to use only the description box and not the category drop down when adding descriptive text for attachments. (mmy) (Entered: 09/03/2025)

Sept. 3, 2025

Sept. 3, 2025

PACER
33

CERTIFICATION for Admission Pro Hac Vice of Kathryn L. Rucker filed by CORIN R. SWIFT on behalf of CENTER FOR PUBLIC REPRESENTATION (Total admission fee $ 200 receipt number AMEDC-3165427.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (SWIFT, CORIN) (Entered: 09/05/2025)

Sept. 5, 2025

Sept. 5, 2025

PACER
34

NOTICE of APPROVAL by Clerk's Office re 33 Certification for Admission Pro Hac Vice. Attorney KATHRYN LESLEY RUCKER for CENTER FOR PUBLIC REPRESENTATION added to this specific case only. (jgd) (Entered: 09/05/2025)

Sept. 5, 2025

Sept. 5, 2025

PACER
35

ORDER granting 24 Motion for Leave to File Amicus Brief By JUDGE STACEY D. NEUMANN. (RGK) (Entered: 09/05/2025)

Sept. 5, 2025

Sept. 5, 2025

RECAP

Set Deadlines/Hearings: Amicus Brief due by 9/17/2025. Any Response to Amicus Brief due by 10/1/2025. (mmy)

Sept. 5, 2025

Sept. 5, 2025

PACER
36

MOTION Setting Page Limit for Amicus Brief at 15 Pages by Disability Rights Maine, American Civil Liberties Union of Maine, GLAD Law, and Center for Public Representation by DISABILITY RIGHTS MAINE Responses due by 10/6/2025. (Attachments: # 1 Text of Proposed Order Setting Page Limit)(SWIFT, CORIN) Modified on 9/16/2025 to select the filers of the document(mjlt). (Entered: 09/15/2025)

Sept. 15, 2025

Sept. 15, 2025

PACER
37

RESPONSE to Motion re 31 Joint MOTION to Amend Settlement Agreement by Disability Rights Maine, American Civil Liberties Union of Maine, GLAD Law, and Center for Public Representation filed by DISABILITY RIGHTS MAINE. Reply due by 10/1/2025. (SWIFT, CORIN) (Entered: 09/17/2025)

Sept. 17, 2025

Sept. 17, 2025

PACER
38

ORDER granting 36 Motion to Set Page Limit for Amicus Brief at 15 Pages. The Court notes the Amicus parties have since filed their Brief at ECF 36 . Should the Amicus parties wish to file an Amended Brief totaling 15 pages, they must do so by 9/19/2025. Any Response to Amicus Brief is due by 10/2/2025. By JUDGE STACEY D. NEUMANN. (mmy) (Entered: 09/18/2025)

Sept. 18, 2025

Sept. 18, 2025

PACER

Order on Motion for Miscellaneous Relief 1

Sept. 18, 2025

Sept. 18, 2025

PACER
39

Joint MOTION for Leave to File Responses of up to 10 Pages to the Coalition's Amicus Brief by STATE OF MAINE Responses due by 10/16/2025. (PATWARDHAN, KIMBERLY) (Entered: 09/25/2025)

Sept. 25, 2025

Sept. 25, 2025

PACER
40

ORDER granting 39 Motion for Leave to File Responses of up to 10 Pages to the Coalition's Amicus Brief By JUDGE STACEY D. NEUMANN. (mmy) (Entered: 09/26/2025)

Sept. 26, 2025

Sept. 26, 2025

PACER
41

REPLY to Response to Motion re 31 Joint MOTION to Amend Settlement Agreement filed by UNITED STATES OF AMERICA. (THOMAS, VICTORIA) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

PACER
42

MOTION to Stay by UNITED STATES OF AMERICA Responses due by 10/22/2025. (THOMAS, VICTORIA) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

PACER
43

REPLY to Response to Motion re 31 Joint MOTION to Amend Settlement Agreement Response to Coalition Amicus Brief filed by STATE OF MAINE. (PATWARDHAN, KIMBERLY) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

PACER

Reset Deadlines as to 42 MOTION to Stay per Judge Nivison: Responses due by 10/6/2025. No reply permitted. (mmy)

Oct. 2, 2025

Oct. 2, 2025

PACER
44

RESPONSE in Opposition re 42 MOTION to Stay Partial Opposition filed by STATE OF MAINE. Reply due by 10/20/2025. (PATWARDHAN, KIMBERLY) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

PACER
45

ORDER denying 42 Motion to Stay By JUDGE STACEY D. NEUMANN. (mmy) (Entered: 10/09/2025)

Oct. 9, 2025

Oct. 9, 2025

RECAP
46

MOTION for Remote Appearance by UNITED STATES OF AMERICA Responses due by 10/31/2025. (THOMAS, VICTORIA) (Entered: 10/10/2025)

Oct. 10, 2025

Oct. 10, 2025

RECAP

Reset Deadlines as to 46 MOTION for Remote Appearance per Judge Neumann: Responses due by 10/15/2025. No reply permitted. (mmy)

Oct. 14, 2025

Oct. 14, 2025

PACER
47

RESPONSE to Motion re 46 MOTION for Remote Appearance filed by STATE OF MAINE. Reply due by 10/29/2025. (PATWARDHAN, KIMBERLY) (Entered: 10/15/2025)

Oct. 15, 2025

Oct. 15, 2025

PACER
48

RESPONSE to Motion re 46 MOTION for Remote Appearance filed by AMERICAN CIVIL LIBERTIES UNION OF MAINE, CENTER FOR PUBLIC REPRESENTATION, DISABILITY RIGHTS MAINE, GLAD LAW. Reply due by 10/29/2025. (SWIFT, CORIN) (Entered: 10/15/2025)

Oct. 15, 2025

Oct. 15, 2025

PACER
49

ORDER granting 46 Motion for Remote Appearance. The Government's motion is granted due to lack of appropriations. Attorneys for the State and Coalition are to appear in person. By JUDGE STACEY D. NEUMANN. (mmy) (Entered: 10/20/2025)

Oct. 20, 2025

Oct. 20, 2025

PACER
50

NOTICE of Hearing on Motion 31 Joint MOTION to Amend Settlement Agreement: Oral Argument Hearing set for 10/22/2025 01:00 PM in Bangor Courtroom 2 before JUDGE STACEY D. NEUMANN. Counsel for the Government have been granted remote appearance, counsel for the State and Coalition should be prepared to be present in person. (mmy) (Entered: 10/20/2025)

Oct. 20, 2025

Oct. 20, 2025

PACER

Order on Motion for Miscellaneous Relief 1

Oct. 20, 2025

Oct. 20, 2025

PACER
51

Minute Entry for proceedings held before JUDGE STACEY D. NEUMANN: Oral Argument held re 31 Joint MOTION to Amend Settlement Agreement filed by UNITED STATES OF AMERICA. Simultaneous post-hearing briefs on the Court's authority to approve or not approve the joint modification of the settlement agreement due by 10/29/2025. Simultaneous response briefs due by 11/5/2025. All post-hearing briefs shall be no longer than 7 pages. (Court Reporter: Cathy Ford) (mmy) (Entered: 10/22/2025)

Oct. 22, 2025

Oct. 22, 2025

PACER

Case Details

State / Territory: Maine

Case Type(s):

Mental Health (Facility)

Disability Rights

Key Dates

Filing Date: Sept. 9, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

DOJ on behalf of children under the age of 21 with behavioral disabilities in Maine.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Maine, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Disability and Disability Rights:

Disability, unspecified

Integrated setting

Discrimination Basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health Care:

Mental health care, general