Case: Brown v. Community Partnership for the Prevention of Homelessness

1:08-cv-01166 | U.S. District Court for the District of Columbia

Filed Date: July 3, 2008

Closed Date: Feb. 24, 2009

Clearinghouse coding complete

Case Summary

The plaintiff in this case lived with her two minor sons for a time in shelters run by the District of Columbia. Homeless since 2004, she relies on a wheelchair for mobility and claimed that the shelter system was administered in such a way as to discriminate against against persons with disabilities. Her suit, filed on July 3, 2008 in the U.S. District Court for the District of Columbia, claims violations of Titles II and III of the Americans with Disabilities Act, Section 504, and the Fair Ho…

The plaintiff in this case lived with her two minor sons for a time in shelters run by the District of Columbia. Homeless since 2004, she relies on a wheelchair for mobility and claimed that the shelter system was administered in such a way as to discriminate against against persons with disabilities. Her suit, filed on July 3, 2008 in the U.S. District Court for the District of Columbia, claims violations of Titles II and III of the Americans with Disabilities Act, Section 504, and the Fair Housing Act. Specifically, the plaintiff claimed that she was housed in an inaccessible unit on the fourth floor. It took forty-five minutes for her to painfully climb the stairs. The hallways were not wide enough for her wheelchair, and she was often trapped in her unit, rather than risk the climb downstairs. Though there was a working elevator to the fourth floor, her site manager told her she was not permitted to use it, and her requests for a first floor unit were denied.

The plaintiff claimed that the shelters were generally inaccesssible to persons with mobility impairments, and that the refusal by staff to make reasonable accommodations to their placement policies violated the law.

At the time she filed her suit, there was a settlement in place between the United State Department of Justice and the District of Columbia. DJ#204-16-96. This settlement contemplated future implementation of physical access plam for the shelter program, changes to the process by which reasonable modification requests are made and decided, direction to and oversight of contractors and subcontractors that provide services for the shelter program, and enhancements to the training of shelter staff; provisions that would apply to the plaintiff.

On February 24, 2009, the plaintiff entered a settlement agreement that in addition to requiring payment of monetary damages to her and to a Special Needs Trust Fund, required defendant to modify all its reasonable modification forms, to keep records of requests for reasonable modifications and the steps taken pursuant to such requests, provide training for its staff, to increase annual expenditures for repairs and modifications that enhance the accessibility and safety or units or common areas used by residents with disabilities.

The case was closed the same day.

Summary Authors

Denise Heberle (8/30/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4210086/parties/brown-v-community-partnership-for-the-prevention-of-homelessness/


Judge(s)

Huvelle, Ellen Segal (District of Columbia)

Attorney for Plaintiff

Fugere, Patricia Mullahy (District of Columbia)

Gutman, Jeffrey S. (District of Columbia)

Harding, Amber W. (District of Columbia)

Attorney for Defendant

Johnson, Marlene L. (District of Columbia)

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Documents in the Clearinghouse

Document

1:08-cv-01166

Docket

Feb. 24, 2009

Feb. 24, 2009

Docket
1

1:08-cv-01166

Complaint

July 3, 2008

July 3, 2008

Complaint

Settlement Agreement Agreement Between the United States of America and the District of Columbia Under the Americans With Disabilites Act

Brown v. Community for the Prevention of Homelessness

No Court

Dec. 10, 2008

Dec. 10, 2008

Settlement Agreement

96-00204

Attachment 1 to Settlement Agreement Between the United States and the District of Columbia

Brown v. Community for the Prevention of Homelessness

No Court

Feb. 20, 2009

Feb. 20, 2009

Findings Letter/Report
14

1:08-cv-01166

Settlement Agreement and Release

Feb. 24, 2009

Feb. 24, 2009

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4210086/brown-v-community-partnership-for-the-prevention-of-homelessness/

Last updated April 12, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against COMMUNITY PARTNERSHIP FOR THE PREVENTION OF HOMELESSNESS, FAMILIES FORWARD, INC. (Filing fee $ 0.00) filed by ANITA BROWN. (Attachments: # (1) Civil Cover Sheet)(jf, )

July 3, 2008

July 3, 2008

RECAP

SUMMONS Not Issued as to COMMUNITY PARTNERSHIP FOR THE PREVENTION OF HOMELESSNESS, FAMILIES FORWARD, INC. (jf, ) (Entered: 07/08/2008)

July 3, 2008

July 3, 2008

2

MOTION for Leave to Proceed in forma pauperis by ANITA BROWN. (jf, )

July 3, 2008

July 3, 2008

RECAP
3

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. COMMUNITY PARTNERSHIP FOR THE PREVENTION OF HOMELESSNESS served on 7/16/2008, answer due 8/5/2008 (Gutman, Jeffrey)

July 27, 2008

July 27, 2008

RECAP
4

MOTION for Extension of Time to File Answer by FAMILIES FORWARD, INC. (Rome, Eric)

Aug. 5, 2008

Aug. 5, 2008

RECAP
5

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FAMILIES FORWARD, INC. served on 7/11/2008, answer due 7/31/2008. (jf, )

Aug. 25, 2008

Aug. 25, 2008

RECAP
6

ANSWER to Complaint by FAMILIES FORWARD, INC.. Related document: [1] Complaint filed by ANITA BROWN.(Rome, Eric)

Sept. 4, 2008

Sept. 4, 2008

RECAP
7

ORDER setting an Initial Scheduling Conference for September 25, 2008, at 10:45 a.m. Signed by Judge Ellen S. Huvelle on 9/4/2008. (VT)

Sept. 4, 2008

Sept. 4, 2008

RECAP
8

Joint MOTION to Continue and Status Report by ANITA BROWN (Gutman, Jeffrey) (Entered: 09/18/2008)

Sept. 18, 2008

Sept. 18, 2008

9

ORDER granting 8 Motion to Continue scheduling conference. Second status report due on or before 10/24/08. Status conference set for 11/5/08 at 9:45 a.m. in courtroom 14 on the 4th floor. Signed by Judge Ellen S. Huvelle on 9/19/08. (gdf) (Entered: 09/22/2008)

Sept. 19, 2008

Sept. 19, 2008

Set/Reset Deadlines/Hearings: Status Report due by 10/24/2008. Status Conference set for 11/5/2008 09:45 AM in Courtroom 14 before Judge Ellen S. Huvelle. (gdf) (Entered: 09/22/2008)

Sept. 19, 2008

Sept. 19, 2008

10

STATUS REPORT by ANITA BROWN. (Gutman, Jeffrey) (Entered: 10/24/2008)

Oct. 24, 2008

Oct. 24, 2008

MINUTE ORDER. By consent of the parties, the status conference set for November 5, 2008 is hereby vacated. A scheduling conference is now set for 10:00 a.m. on December 16, 2008. No further continuances will be granted. Signed by Judge Ellen S. Huvelle on 10/31/2008. (lcesh1) (Entered: 10/31/2008)

Oct. 31, 2008

Oct. 31, 2008

Set/Reset Hearings: Status Conference set for 12/16/2008 10:00 AM in Courtroom 14 before Judge Ellen S. Huvelle. (gdf) (Entered: 11/03/2008)

Nov. 3, 2008

Nov. 3, 2008

12

ORDER dismissing case in light of settlement. Signed by Judge Ellen S. Huvelle on 12/16/2008. (VT) (Entered: 12/16/2008)

Dec. 16, 2008

Dec. 16, 2008

Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status Conference held on 12/16/2008. Case dismissed in light of settelement. (Court Reporter Lisa Griffith) (gdf) (Entered: 12/16/2008)

Dec. 16, 2008

Dec. 16, 2008

13

NOTICE of Settlement Agreement and Release by ANITA BROWN (Attachments: # 1 Exhibit Stipulation of Dismissal and Proposed Order of Dismissal)(Gutman, Jeffrey) (Entered: 02/20/2009)

Feb. 20, 2009

Feb. 20, 2009

14

ORDER approving 13 Notice of Settlement Agreement and Release, filed by ANITA BROWN. Signed by Judge Ellen S. Huvelle on 2/20/09. (gdf) (Entered: 02/24/2009)

Feb. 24, 2009

Feb. 24, 2009

15

STIPULATION AND ORDER of Dismissal. Signed by Judge Ellen S. Huvelle on 2/20/09. (gdf) (Entered: 02/24/2009)

Feb. 24, 2009

Feb. 24, 2009

Case Details

State / Territory: District of Columbia

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 3, 2008

Closing Date: Feb. 24, 2009

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Homeless woman who uses a wheelchair residing in D.C. shelter system.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

District of Columbia (District of Columbia), State

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2009 - None

Content of Injunction:

Reasonable Accommodation

Discrimination Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Reporting

Recordkeeping

Goals (e.g., for hiring, admissions)

Issues

General:

Access to public accommodations - governmental

Barrier Removal

Buildings

Emergency shelter

Funding

Government services

Housing

Housing assistance

Placement in shelters

Poverty/homelessness

Disability and Disability Rights:

Reasonable Accommodations

Reasonable Modifications

Mobility impairment

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Disability (inc. reasonable accommodations)

Type of Facility:

Government-run