Court Grants Preliminary Approval to Settlement Agreement in Longstanding Community Integration Case

April 24, 2019

The federal district court in New Mexico today preliminarily approved a new Settlement Agreement in Jackson v. Los Lunas Community Program.  The case, originally brought in 1987 on behalf of hundreds of persons with intellectual and developmental disabilities (IDD) in New Mexico’s two large public institutions, already has resulted in the closure of both facilities and the creation of a comprehensive community service system for individuals with IDD.  This final settlement requires the State to implement new policies and waiver standards designed to protect the health and safety of class members, to ensure timely and appropriate investigations of incidents and deaths, and to improve the quality and capacity of service providers.  The settlement, negotiated by the Center and its New Mexican co-counsel, will avoid a trial on the State’s motion to terminate the case.  A fairness hearing has been set for June 12, 2019.  A copy of the Settlement Agreement and court approval order is attached.

Joint Settlement Agreement

Order of Preliminary Approval