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State Information > New Hampshire Olmstead Decision Information> New Hampshire Olmstead and Olmstead Related Cases

New Hampshire Olmstead and Olmstead Related Cases map of New Hampshire

As of January 2005

The Center for PAS has tracked 3 Olmstead related cases in New Hampshire.

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.

Bryson et al vs. Shumway & Fox

Date filed: Dec. 1999
Case status: Open
Primary Target group:
Case Type (Olmstead e or Related f): Related
Reference (on the Olmstead & Olmstead-related Lawsuits table) : NH13
Case Summary & Links to Further Details iii:
Summary Class action about waitlist for Acquired Brain Disorder model HCBSc waiver. Court ordered at least 200 slots to be filled & with reasonable promptness. Appeal Court overruled, ruling states can limit numbers in a model waiver although services should be furnished with reasonable promptness up to the limit. Case remanded to District Court. Progress Trial scheduled. Further details [http://www.nhd.uscourts.gov] (search opinions for 'Bryson')

Gagnon v. Shumway

Date filed: 2000
Case status: Closed
Primary Target group:
Case Type (Olmstead e or Related f): Related
Reference (on the Olmstead & Olmstead-related Lawsuits table) : NH22
Case Summary & Links to Further Details iii:
Summary Case alleged that to revoke an individual's conditional discharge from a state hospital & involuntarily commit them without holding a hearing violates the ADA. Progress Settlement (State agreed to appoint an attorney for any person whose conditional discharge is revoked).

Cuming et al vs. Shaheen et al.

Date filed: Jan. 2002
Case status: Closed (2003)
Primary Target group:
Case Type (Olmstead e or Related f): Related
Reference (on the Olmstead & Olmstead-related Lawsuits table) : NH32,3
Case Summary & Links to Further Details iii:
Summary Complaint brought in county court, charging that the state failed to develop an adequate system of community support. Progress Voluntary nonsuit without prejudice (plaintiffs did not present enough evidence) but this is not a judgment on the merits of the case so plaintiffs could re-file at a later date.

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