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18 cases, 194 documents
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PUBLIC BENEFITS/GOVERNMENT SERVICES
Benjamin v. Pennsylvania Department of Public Welfare

1:09-cv-01182 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: June 22, 2009

Closed Date: June 30, 2018

Individuals with developmental disabilities residing in Pennsylvania's ICF/MR ("intermediate care facilities/intellectual disability") institutions filed this lawsuit claiming that they are inappropriately denied the opportunity to receive services in the community, in violation of the Americans with Disabilities Act under the 1999 Supreme Court precedent Olmstead v. L.C.. The Plaintiffs argue that they are inappropriately institutionalized. They allege that they are candidates for community …
PUBLIC BENEFITS/GOVERNMENT SERVICES
Long v. Benson

4:08-cv-00026 | U.S. District Court for the Northern District of Florida

Filed Date: Jan. 15, 2008

Closed Date: 2012

On January 15, 2008, a group of Medicaid-eligible adults with disabilities that were confined to a nursing-home facility filed a class action in the U.S. District Court for the Northern District of Florida under the ADA and the Rehabilitation Act against the state's Health Care Administration and Department of Elder Affairs. The plaintiffs, represented by public interest attorneys, asked the Court for declaratory and injunctive relief, alleging that the state discriminated against them by faili…
PUBLIC BENEFITS/GOVERNMENT SERVICES
Pitts v. Greenstein

3:10-cv-00635 | U.S. District Court for the Middle District of Louisiana

Filed Date: Sept. 22, 2010

Closed Date: Jan. 29, 2013

IN 2010, after Louisiana proposed a reduction in available nursing hours as part of Louisiana Medicaid's Long-Term Personal Care Services (LT-PCS) program, the plaintiffs filed this lawsuit in the U.S. District Court for the Middle District of Louisiana. The named Plaintiffs, seeking to represent a class of similarly situated individuals with disabilities, had each been approved for about 40 in-home nursing hours through the LT-PCS program. The proposed cuts would cap nursing hours at 32. The P…
PUBLIC HOUSING
ADAPT v. Philadelphia Housing Authority

2:98-cv-04609 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Aug. 27, 1998

On August 27, 1998, plaintiff, an advocacy group, filed this lawsuit under §504 of the Rehabilitation Act of 1973 on behalf of persons with mobility impairments eligible for housing assistance from the Philadelphia Housing Authority (PHA). This action was filed against the PHA in the Philadelphia Division of the United States Court for the Eastern District of Pennsylvania. The plaintiff, ADAPT of Philadelphia, asked the court for declaratory and injunctive relief, claiming that PHA was violati…
PUBLIC BENEFITS/GOVERNMENT SERVICES
Billy A. & Miss. Coalition for Citizens with Disabilities v. Lewis-Payton

3:02-cv-00475 | U.S. District Court for the Southern District of Mississippi

Filed Date: May 17, 2002

Closed Date: June 30, 2005

Five individuals with disabilities and the Mississippi Coalition for Citizens with Disabilities filed this class action lawsuit in the U.S. District Court for the Southern District of Mississippi on May 17, 2002. The plaintiffs argued that they were unnecessarily institutionalized (or at risk of unnecessary institutionalization) due to a lack of adequate community-based habilitation and support services. Plaintiffs claim that Mississippi's policy of only providing certain necessary services i…
PUBLIC BENEFITS/GOVERNMENT SERVICES
Fisher v. Oklahoma Health Care Authority

4:02-cv-00762 | U.S. District Court for the Northern District of Oklahoma

Filed Date: Oct. 1, 2002

Closed Date: Nov. 17, 2003

Several individuals with disabilities filed this lawsuit to challenge Oklahoma's proposed reduction in prescription drug coverage under its Home and Community Based Services Medicaid waiver. Each of the plaintiffs has a range of (largely physical) disabilities and would qualify for nursing home care, but is able to remain in the community due to services provided via the Medicaid waiver. When the Oklahoma Health Care Authority announced that it would cover a maximum of 5 prescription drugs fo…
PUBLIC BENEFITS/GOVERNMENT SERVICES
Jones v. Arnold

3:09-cv-01170 | U.S. District Court for the Middle District of Florida

Filed Date: Dec. 2, 2009

Closed Date: Jan. 3, 2011

The plaintiff in this case, Jacqueline Jones, has quadriplegia as a result of a spinal cord injury and requires assistance in carrying out daily life activities due to her mobility impairment. For many years, her parents were able to care for her, but as they approach old age they no longer have the physical capacity to do so. Ms. Jones was on the waitlist for Traumatic Brain Injury/Spinal Cord Injury (TBI/SCI) Medicaid waiver for several years. In 2009, the state conducted an assessment inter…
PUBLIC BENEFITS/GOVERNMENT SERVICES
Haddad v. Arnold

3:10-cv-00414 | U.S. District Court for the Middle District of Florida

Filed Date: May 13, 2010

Closed Date: April 19, 2011

The Plaintiff in this case has been paralyzed from the chest down ever since an accident in 2007. She has limited mobility and manual dexterity, and thus requires some assistance in caring for herself carrying out daily activities. After her accident, she placed herself on the waitlist for Florida Medicaid's Traumatic Brain Injury/Spinal Cord (TBI/SC) Waiver Program. In early 2010, Plaintiff's husband and primary caregiver left her home following a divorce. She then contacted the state in the…
PUBLIC BENEFITS/GOVERNMENT SERVICES
Cruz v. Arnold

1:10-cv-23048 | U.S. District Court for the Southern District of Florida

Filed Date: Aug. 17, 2010

Closed Date: March 16, 2012

This case emerged from Haddad v. Arnold. With slightly differing facts from others in the proposed class in Haddad, plaintiffs Luis Cruz and Nigel de la Torre filed this separate complaint in the U.S. District Court for the Southern District of Florida on April 15, 2011. The plaintiffs have spinal cord injuries that caused quadriplegia. Both have paralysis, use a wheelchair for mobility, and require assistance in their homes in order to perform daily life activities. Although both plaintiffs r…
PUBLIC BENEFITS/GOVERNMENT SERVICES
Boyd v. Mullins

2:10-cv-00688 | U.S. District Court for the Middle District of Alabama

Filed Date: Aug. 12, 2010

Closed Date: April 30, 2012

Plaintiff filed this lawsuit in the U.S. District Court for the Middle District of Alabama, against the Alabama Medicaid Agency, on August 12, 2010, alleging that the denial of home-based Medicaid services as opposed to institution-based services violated the ADA and Section 504 of the Rehabilitation Act. The Plaintiff was paralyzed from the collar bone down and requires assistance performing daily activities. When his mother was able to take care of him, Alabama Medicaid was able to provide …