The Center has provided individual and systemic representation to institutionalized persons with intellectual disabilities for over forty years. It has established advocacy offices at public institutions, like large, state-operated ICF/MRs, and offered assistance to persons confined in private facilities like nursing facilities and other residential settings. It has represented thousands of institutionalized persons with intellectual disabilities in class actions to end their segregation and promote their integration in the community. Read here for information on the Center's litigation activities on behalf of persons with intellectual disabilities in nursing facilities.
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.
Ball v. Kasich
March, 2016 - CPR represents six Individual Plaintiffs, the Ability Center of Toledo, and a proposed class of approximately 27,800 adults with intellectual and developmental disabilities throughout Ohio (“Ohio” or “the State”) who are needlessly institutionalized in large public and private Intermediate Care Facilities for Individuals with Intellectual and Developmental Disabilities (ICF/IDDs), or are at serious risk of institutionalization because of systemic limitations on access to integrated, home and community-based services. Many of these institutionalized individuals also spend all of their day in segregated sheltered workshops or day habilitation facilities. Plaintiffs’ Class Action Complaint alleges that Defendants’ administration, management, and funding of Ohio’s service system for people with developmental disabilities, perpetuates this pervasive and widespread segregation in violation of Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12132 et seq., Section 504 of the Rehabilitation Act of 1973 (“Rehabilitation Act”), 29 U.S.C. § 794 et seq., and the Social Security Act, 42 U.S.C. § 1396n(c)(2)(B)&(C). Declaratory and injunctive relief sought on behalf of the class includes the provision of integrated residential, employment and day services. Plaintiffs’ legal team includes Disability Rights Ohio, the law firm of Sidley Austin, LLP, and attorney Samuel Bagenstos.
United States v. Virginia
August 2012 - The US District Court for the Eastern District of Virginia has approved a settlement agreement in an ADA Olmstead case that will significantly increase and improve community services for individuals with intellectual disabilities and will decrease the state's reliance on large institutions. Local stakeholders have applauded the approval.
The Court approved the settlement despite opposition from some parents of institution residents. The Center represented the Arc of Virginia and other local and national family, professional and advocacy groups in support of the settlement. The filed an amici brief in support of the settlement and an amici brief in opposition to intervention by the institutional parents.
Ricci v. Okin - CPR represents the Arc/Massachusetts, a plaintiff, in this long standing case (filed in 1972) challenging conditions at several of Massachusetts's institutions for persons with intellectual and developmental disabilities. In 1993, the U.S. District Court disengaged from its active oversight of the case and left the parties to implement a consent decree. For 11 years there was no court activity. However, when the state announced plans to close the Fernald Developmental Center, some of the plaintiffs (but not Arc/Massachusetts) asked the court to reopen the case and prevent the closing. In 2007, after a report by a court appointed monitor, the judge entered an injunction which, in effect, prevented the planned closure. The Arc/Massachusetts joined the state and an intervenor (the Disability Law Center) in an appeal to the First Circuit Court of Appeals. The First Circuit reversed the trial court judge's order. The First Circuit's opinion is here. A petition for certiorari to the Supreme Court followed. The Arc and the intervenor opposed the petition. The Supreme Court declined to hear the case and the state has moved forward with plans to close Fernald. A copy of CPR's Supreme Court brief in opposition to certiorari appears here. The brief includes copies of earlier documents in the case, including the monitor's report and the court's order.
Evans v. Gray
Driven by harmful conditions and substandard care, residents of the Forest Haven institution and their families brought this lawsuit in 1976 to ensure that class members receive adequate care and support from the
Working with the Court Monitor, the parties developed a joint monitoring protocol for the Monitor’s team of reviewers to assess class members’ services against the outcome criteria set forth in the 2010 Revised Plan for Compliance. But as of August 2012, the District had made only incremental progress, forcing the Court to extend the
Court's decision on liability [Note: this decision was reported: Evans v. Fenty, 480 F. Supp. 2d. 280 (D.D.C. 2007)].
Plaintiffs' response to defendants' motion to dismiss (Horne) 11/6/09
Court's memorandum opinion rejecting motion to dismiss [Note: this decision was reported as Evans v. Fenty, Civil Action No. 76-0293, 2010 WL 1337641 (D.D.C. Apr. 7. 2010)]
Documents regarding guardianship:
Guardian's authority to choose ward's friends 4/1/2001: Considers the extent of a guardian's legal authority to control with whom an adult ward can spend time and associate.
Interstate guardianships 6/1/1999: Addresses questions about the validity of a guardianship order from another jurisdiction. It is not unusual for people with disabilities who have guardians to be sent to another state to obtain specialized services.
The documents contained on this page and within this web site 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.