Illinois Olmstead and Olmstead Related Cases, 2013
map of Illinois title=Illinois

Updated May 2013

The Center for PAS has tracked 13 Olmstead related case(s) in Illinois.

This information is extracted from the "Olmstead and Olmstead-Related Lawsuits" table in the "Introduction to Olmstead Lawsuits and Olmstead Plans" report published on the center for PAS website.

Illinois: McMillan v. McCrimon

Date filed:

1992

Case status:

Plaintiff win (1992)

Primary Target group:

HCBS

Case Type (Olmstead e or Related f):

Related

References:

8

Class action:

No

US DOJ participation (type of participation):

No

Summary:

Court found that the plaintiffs (people with mental & physical disabilities) had a right to apply for HCBS even where the state limits on funding on these services would lead to a waiting list. Court also reinforced the right to services with reasonable promptness & that limited state resources is not a defense.

Illinois: Bogard v. Duffy

Date filed:

1988

Case status:

Settlement (1998)

Primary Target group:

MR/DD

Case Type (Olmstead e or Related f):

Related

References:

11

Class action:

Yes

US DOJ participation (type of participation):

No

Summary:

Class action resulted in the state being ordered to reduce numbers of people with MR/DD a in nursing homes & develop community-based services. The class does not include any person admitted to a nursing home after 1994.

Progress:

Consent decree (1993).

Illinois: Tinder v. IL Dept of Public Aid

Date filed:

2000

Case status:

Plaintiff win (2004)

Primary Target group:

Physical Disability, MR/DD

Case Type (Olmstead e or Related f):

Related

References:

7

Class action:

No

US DOJ participation (type of participation):

No

Summary:

Plaintiff with cerebral palsy living in nursing home wanted to move to a community-based home but his application to join the Community Integrated Living Arrangement (CILA) program was denied because he is not developmentally disabled. Court upheld the Dept of Human Services' decision.

Progress:

Appeal Court overruled this, stating that under state law cerebral palsy is included in the definition of developmental disability even if no mental impairment is present & therefore denial of community services was unjustified.

Illinois: Bruggeman et al. v. Blagojevich et al (formerly Boudreau v. Ryan). * 00-cv-5392

Date filed:

2000

Case status:

Plaintiff win (2004)

Primary Target group:

MR/DD

Case Type (Olmstead e or Related f):

Olmstead

References:

2, 3

Class action:

No

US DOJ participation (type of participation):

No

Summary:

Case concerned lack of access to Medicaid HCBS or ICF/MR services. The court ruled a state is not required to arrange services close to a family & services may be available elsewhere. The ADA argument was dismissed as the case was filed against public officials & the ADA is about the policies of a public entity. The Appeal Court upheld these decisions but remanded the complaint back to consider the ADA claims in light of Olmstead guidance that states should have an effectively working plan.

Progress:

Settlement.

Illinois: Radaszewski v. Garner 01-CV-9551

Date filed:

2000

Case status:

Open

Primary Target group:

HIV/other

Case Type (Olmstead e or Related f):

Olmstead

References:

22, 30

Class action:

No

US DOJ participation (type of participation):

No

Summary:

Plaintiff requires 24 hour medical care due to brain cancer and stroke suffered as a child. Care was provided by state Medicaid program but when he reached 21, eligibility ceased and he was unable to get the amount of care required through the adult HCBS waiver and therefore was at risk of institutionalization.

Progress:

Ongoing. Originally, the complaint by the plaintiff was dismissed by the district court without a trial. On September 2004, the U.S. Court of Appeals for the 7th Circuit ruled in favor of the plaintiff and sent the case back to district court for trial. The Court of Appeals rejected the state's notion that the plaintiff's high cost of care made him ineligible for home-care services and that it would be unreasonably force the state to change its programs and services. The plaintiff is allowed to proceed with the complaint.

To read a fall 2004 update of the case, go to:
http://www.equipforequality.org/news/equalizer/fall2004/06legalhighlights.php

To read the decision by the Court of Appeals, reversing the decision of the District Court, go to:
http://www.state.il.us/court/opinions/appellatecourt/2003/2nddistrict/december/html/2021276.htm

Illinois: Jackson et al. v. Maram 04-0174

Date filed:

2004

Case status:

Open

Primary Target group:

Physical Disability

Case Type (Olmstead e or Related f):

Related

References:

3, 23

Class action:

Yes

US DOJ participation (type of participation):

No

Summary:

Class action filed by an Independent Living Center on behalf of 3 nursing home residents who contend that they are unnecessarily confined to institutions because they have been denied Medicaid-funded motorized wheelchairs despite having been assessed as needing them.

Progress:

Ongoing. The state moved to dismiss the case based on class certification. However, the court granted the motion for class certification in August 2004. Currently court proceedings are suspended so that both parties may pursue settlement.

Illinois: Drzewicki v. Maram et al 04-CV-7164

Date filed:

2004

Case status:

Settlement

Primary Target group:

MR/DD

Case Type (Olmstead e or Related f):

Related

References:

3

Class action:

No

US DOJ participation (type of participation):

No

Summary:

Case brought by an individual, challenging state policies in limiting HCBS waiver-funded residential services to people who need emergency services or who are in other priority groups. Plaintiff receives some HCBS waiver services but seeks Community Integrated Living Arrangements that are also provided through the waiver program.

Progress:

Settlement.

Illinois: Bertrand et al v. Maram et al 05-0544

Date filed:

2005

Case status:

Open

Primary Target group:

MR/DD

Case Type (Olmstead e or Related f):

Related

References:

3

Class action:

Yes

US DOJ participation (type of participation):

No

Summary:

Class action complaint raising same issues as a non-class action in IL (Drzewicki, IL6) that the state is denying some waiver services to waiver participants who require them.

Progress:

Ongoing. Both parties have filed motions for summary judgment in the case. The state also filed a motion opposing class certification.

Illinois: Ligas et al v. Hamos et al 05-CV-4331

Date filed:

2005

Case status:

Settlement (2011)

Primary Target group:

MR/DD

Case Type (Olmstead e or Related f):

Olmstead

References:

3, 31, 45

Class action:

Yes

US DOJ participation (type of participation):

Yes (Support brief)

Summary:

Class action alleges state policies mean people are unnecessarily institutionalized in privately operated ICF/DD facilities. On March 7, 2006, Judge Holderman granted class action status for the plaintiffs in this case.

Progress:

Settlement. In January 2010, the United States filed a Statement of Interest urging the Court to grant preliminary approval of the Plaintiffs' and Defendants' jointly submitted Consent Decree in a case regarding large, private facilities for individuals with developmental disabilities. Intervenors, primarily family members of residents, strongly opposed the agreement. The Court referred all the parties to settlement negotiations and the United States participated in those discussions. All parties, including the intervenors, reached a revised agreement that requires the State to move at least 3,000 individuals with developmental disabilities into community-based settings within the next six years. The Court approved the revised Settlement Agreement in June 2011. The consent decree will give residents of ICF-DDs the choice to move into the community. The agreement also requires an additional 3,000 people with developmental disabilities currently living at home without services be provided with community services.

To read the United States filed a Statement of Interest in Support of the Parties' Proposed Consent Decree filed January 26, 2010, go to:
http://www.ada.gov/briefs/Ligas_soi_br_%201_26.pdf

For documents related to the case, go to:
http://www.equipforequality.org/news/pressreleases/ligasmaramfiles.php

To download the judge's opinion regarding the plaintiff's motion for class certification:
http://www.equipforequality.org/resourcecenter/ligas_opinionclasscertification.doc

To read the proposed consent decree, go to:
http://www.equipforequality.org/resourcecenter/LigasProposedConsentDecreeRevisedFinal_01132011.pdf

Illinois: Williams v. Quinn 1:05-cv-4673

Date filed:

2005

Case status:

Settlement (2010)

Primary Target group:

Mental Illness

Case Type (Olmstead e or Related f):

Olmstead

References:

35, 39, 45

Class action:

Yes

US DOJ participation (type of participation):

Yes (Support brief)

Summary:

The two individuals filed this case were forced into nursing homes in the Chicago area. They charged that the state was in violation of the ADA. They requested the court to grant class-action status to obtain relief for other residents of Illinois nursing homes with mental illnesses. As of November 20, 2006, Judge Hart granted class-action status to the lawsuit.

Progress:

Settlement. In May 2010, DOJ filed Comments in Support of Final Approval of Parties' Jointly Submitted Consent Decree, which obligated the State to move persons with disabilities from segregated facilities and into community placements. The Court approved the parties' consent decree on September 29, 2010. The settlement calls for the transition of those class members who want to move and are able to move from IMDs (a.k.a. Institutions for Mental Diseases) to the community over the next five years. An implementation plan was developed in June 2011. To read the opinion and order from the judge on Sept. 30, 2010, go to: http://www.equipforequality.org/resourcecenter/WilliamsOrder_09-30-2010.pdf
To read the Department of Justice's Comment in Support of Final Approval of Parties' Jointly Submitted Consent Decree filed Sept. 10, 2010, go to: http://www.ada.gov/briefs/interest_Williams_br.pdf
To view the Willams v. Quinn case files, go to: http://www.equipforequality.org/news/pressreleases/williamsblagojevichfiles.php

Illinois: Colbert v. Quinn 07-CV-04737

Date filed:

2011

Case status:

Settlement (2011)

Primary Target group:

Physical Disability

Case Type (Olmstead e or Related f):

Olmstead

References:

39

Class action:

No

US DOJ participation (type of participation):

No

Summary:

Five individuals with physical disabilities living in nursing homes sued Illinois asserting that the state has failed to comply with Olmstead. The lawsuit filed in federal district court seeks an order permitting people with disabilities in Cook County to access long-term care services in their own homes or in community based settings rather than nursing homes. The class-action lawsuit charges that warehousing persons with disabilities in nursing homes segregates them from their own communities and deprives them of economic, social, and educational opportunities, as well as their privacy and dignity.

Progress:

Court approved Consent Decree on December 20, 2011. A settlement was proposed in June 2011 whereby the state will provide improved evaluations and transitions to HCBS as well as adequate HCBS for persons at home or in the community or at risk of institutionalization. On August 30, 2011 the state of Illinois filed a proposed settlement agreement in this class action lawsuit. Under the Consent Decree, the state will provide housing in the community and related assistance, including personal assistance, to the 1000 class members with disabilities during the first two and a half year period of the agreement (the first phase). It also requires the State to develop a transition plan for other nursing home residents who wish to live in the community among other requirements.

To read a press release about the December 20, 2011 landmark Consent Decree, go to: http://www.equipforequality.org/news/pressreleases/december_20_2011illinois_residents.php

To read the proposed consent decree filed in August 2011, go to: http://www.equipforequality.org/resourcecenter/ColbertProposedConsentDecree_8302011.pdf

To read a press release about the August 30, 2011 proposed settlement agreement, go to: http://www.equipforequality.org/news/pressreleases/august_22_2007illinois_residents.php

Illinois: Hampe v. Hamos 10-CV-3121

Date filed:

2010

Case status:

Open

Primary Target group:

Medically fragile young adults

Case Type (Olmstead e or Related f):

Olmstead

References:

39, 45

Class action:

Yes

US DOJ participation (type of participation):

Yes (Support brief)

Summary:

Plaintiffs challenge an age-related service cap to a state waiver program, which they allege places medically fragile individuals with disabilities at risk of institutionalization after turning 21. The disabled persons in this case are medically fragile persons who receive funding from Illinois under its Medically Fragile/Technology Dependent (MF/TD) Program. The State restricts enrollment in this program to persons under the age of 21, and when they age out of the program they transition into a different program that provides substantially less funding. Without the continued funding in the Medically Fragile program, the Plaintiffs will have to be institutionalized or hospitalized to provide for their medical needs. The US filed a Statement of Interest in Support of Plaintiffs' Motion for Class Certification in July 2010.

Progress:

The Court granted Plaintiffs' Motion for Class Certification on November 22, 2010.

For updates on the case, go to: http://www.farley1.com/news.html
To read the US Statement of Interest in Support of Plaintiffs' Motion for Class Certification filed July 16, 2010, go to: http://www.ada.gov/briefs/interest_Hampe_br.pdf

Illinois: Illinois Leage of Advocates for the Developmentally Disabled, et al v. Quinn 1:13-cv:01300

Date filed:

2013

Case status:

Open

Primary Target group:

MR/DD

Case Type (Olmstead e or Related f):

Olmstead

References:

Class action:

Yes

US DOJ participation (type of participation):

Yes (Statement of interest)

Summary:

In February 2013 a coaliton of parents, guardians and advocates filed a federal class action lawsuit against the state of Illinois to prevent the closure of Murray Developmental Center. The state already closed the Jacksonville Developmental Center last year raising the concern on how residents were integrated into the community. Plaintiffs seek preliminary injunction to stop the planned closure of the Murray Developmental Center. The Plaintiffs argued that the ADA gives the people the right to live in a segregated institution. The Department of Justice filed a Statement of Interest on April 13, 2013 arguing that Title II of the Americans with Disabilities Act, the regulations, and the case law do not support the claim that the ADA gives persons in state-run centers a right to remain in those institutions and to stop the State's efforts to rebalance its service system toward community based care.

To read the Statement of Interest from the Department of Justice, go to:
http://www.ada.gov/olmstead/documents/iladd_soi.pdf

To read the Plaintiffs' Reply in Support of their Motion for Preliminary Injunction, go to:
http://www.murrayparentsassociation.com/43-main.pdf

For more updates on the case, go to the Murray Parents Association:
http://www.murrayparentsassociation.com/federal-lawsuit-21913.html

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