Community Integration 

Documents and pleadings which may be helpful to attorneys litigating or considering the litigation of disability law related cases are available by following the links below.

These documents do not constitute legal advice. Anyone engaged in legal action should consult with an attorney. Attorneys should make their own independent judgments. Local laws vary and the law may have changed since these documents were written. Litigants should fully research any claims or defenses before making them.

 

	Sort By: Title		Date
	Guardian’s authority to choose a ward’s friends and associates		7/1/2001
		A description of the law on the authority of a guardian to choose his or her ward’s friends and associates.
	The Center for Public Representation and the Massachusetts Department of Mental Health have signed a memorandum of understanding		4/5/2004
		CPR and the MA Dep't of Mental Health signed a memorandum of understanding regarding improved and increased mental health services to DMH clients who are deaf or hard of hearing.
	Use of force by police against people with psychiatric disabilities		10/1/2002
		A description of the problem and a survey of cases alleging use of excessive force (resulting in injury or death) against people with mental illness

Monitor's Report -- Ricci

The Court Monitor recommends that Fernald Developmental Center remain open. Scroll down for briefs in opposition to the report and for the court's order regarding the plan to close Fernald.

Monitor-report-final.pdf

Brief in opposition to Monitor's Report -- Ricci

CPR (on behalf of the plaintiff Arc/Massachusetts) and the intervenor Disability Law Center filed a joint brief in opposition to the Monitor's recommendation that Fernald remain open. 

Report-memo-FINAL.pdf

Amici brief -- Ricci

State and national provider, advocacy, family groups and unions filed an amici brief in opposition to the Monitor's recommendation that Fernald remain open. 

Monitor-memo-Amici-breif.pdf

Evans case non-compliance order

A federal judge has found the DC department of mental retardation in non-compliance with orders regarding the quality of community services. CPR and the DC P&A, University Legal Services, represent the plaintiffs.

Evans-Decision-3-30-07.pdf

Brain injury complaint summary

A summary of the complaint in Hutchinson v. Patrick, a case seeking community services for individuals with brain injuries who are living in nursing homes. The summary describes the facts, the legal claims and releif requested. CPR and Wilmer Hale represent the plaintiffs. The complaint was filed in June 2007.

Hutchinson-Comp-Summary.DOC

Complaint seeking community services for people with brain injuries

A copy of the complaint in Hutchinson v. Patrick, a class action seeking community-based services for individuals with brain injuries, filed in June 2007.

Hutchinson-Complaint.DOC

Brown v. Bush Joint Motion to Dismiss

The parties have moved to dismiss the Brown litigation in accordance with the terms of the Settlement Agreement as Florida is in substantial compliance with the terms of the agreement. The Court allowed the motion on July 2, 2007. The joint motion to dismiss is available here.

motion-to-dismiss.pdf

Brown v. Bush -- Motion to intervene appeal denied

A group of individuals oppossed to the parts of of the settlement agreement in Brown v. Bush that called for the closing of Gulf Coast Center sought unsuccessfully to intervene at the fairness hearing. The motion was denied. Their appeal to the 11th Circuit was also unsuccessful. The11th Circuit's opinion is attached.

11th-Circuit-Opinion-9-11-06.pdf

Brown v. Bush -- Intervention opposition appeal brief

The plaintiffs' brief in the appeal of an unsuccessful group of proposed intervenors who were oppossed to the plan to close the Gulf Coast Center is attached here.  

11th-Cir-Plaintiffs-final-brief.pdf

Brown v. Bush -- Court approves settlement agreement

The District Court approved the Amended Settlement Agreement in Brown v. Bush and denied an oral motion to intervene made by a group of objectors. Among other provisions, the Agreement calls for community placements for  bout 280 residents of the Florida's developmental disability facilities and the closing of the Landmark and Gulf Coast facilities.

Approval-of-Settlement-Agreement.pdf

Ricci -- Court Order re Fernald

On August 14, 2007, the court entered an order regarding Massachusetts's plan to close Fernald State School. Despite stating that his order "does not mean that the [state] may never close Fernald," the judge ordered DMR to "include Fernald among the options which residents and guardians may rank when expressing their preferences" for residential placement.   

Court-memo-re-order-Aug-14-07.pdf

Ricci -- Arc's First Circuit Brief

The Arc and DLC's brief in their appeal of the court's order in regard to Fernald State School. Filed on February 15, 2008.

First-cir-brief-FINAL.pdf

Ricci First Circuit Amicus Brief

The National Association of State Directors of Developmental Disabilities Services has filed an amicus brief expalining its members' experiences safely closing facilities in their states.

Amicus-NASDD-Final-filed-brief.pdf

Ricci National and Local Amici

Fifteen national and Massachusetts based organizations -- advocacy groups, labor unions, independent living centers, and providers -- have filed an amici brief in the First Circuit surveying the literature on the benefits of community living for persons with intellectual and developmental disabilities.

First-Cir-ADDP-amici.pdf