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

Clearinghouse coding complete

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

ROSENTHAL, DANIELLE BETH (Maine)

THOMAS, VICTORIA (Maine)

Attorney for Defendant

KNOWLTON, THOMAS A. (Maine)

PATWARDHAN, KIMBERLY L. (Maine)

Expert/Monitor/Master/Other

SWIFT, CORIN R. (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 Aug. 7, 2025, 6:32 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

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
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
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

Order on Motion for Extension of Time to Answer

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

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

Order on Motion for Extension of Time to Answer

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

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

Order on Motion to Withdraw as Attorney

April 4, 2025

April 4, 2025

PACER
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
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

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