Litigation Updates

On April 3rd, CPR and the law firm WilmerHale filed an amicus brief in support of the right to voter assistance for people with disabilities in the Fifth Circuit Court of Appeals, joined by 15 other disability rights organizations.

On March 25th, federal judge Amy Totenberg issued an Opinion denying the Defendants’ Motion to Dismiss in Isaac A. vs. Carlson, a lawsuit filed by CPR and co-counsel on behalf of Medicaid-eligible children with Serious Emotional Disturbance (SED) in Georgia. 

Updates on Litigation, Initiatives and Staff

At CPR, we have been following with alarm the rapid and extreme actions the Trump administration has taken to unravel hard-fought civil and human rights and violate the rule of law. We write to assure you that CPR is committed to advancing the rights of all people with disabilities, especially those most marginalized. We will use our skills and position to oppose the administration’s efforts.

In response to the murder of Breonna Taylor, the Department of Justice conducted an investigation of the Louisville Metro police department (LMPD).  It concluded that LMPD engaged in a pattern and practice of violating the constitutional rights of Louisville citizens, and the ADA’s non-discrimination provisions for people with disabilities. 

CPR and Partners Unite to Protect the Rights of People with Disabilities

On October 1, 2024, CPR, its co-counsel, and a number of state officials met for the first quarterly meeting required by the Agreement. Secretaries, Commissioners, and senior staff from all relevant agencies presented status updates on each program required by the Agreement.

After the federal court approved the comprehensive Settlement Agreement in Marsters v. Healey on June 18, 2024, CPR launched its implementation initiative entitled Bringing People Home. The project will initially focus on implementing this Agreement, but soon will be expanded to include other efforts to promote integration, end unnecessary institutionalization, and allow people to come home to their families, neighbors, and communities. The project will engage people with diverse experiences and expertise, so that CPR’s legal successes can be implemented with and by affected communities.

Following a fairness hearing on June 17, 2024, at the United States District Court in Boston, Judge Nathaniel Gorton entered a final order on June 18, 2024 approving a landmark cross-disability Settlement Agreement in Marsters v. Healey.  The Marsters case is a disability rights class action lawsuit brought against the Commonwealth on behalf of tens of thousands of individuals with disabilities who are unnecessarily institutionalized in nursing facilities. “This case is all about bringing people home. The Court’s approval of the Settlement Agreement will allow thousands of people with disabilities who are segregated in nursing facilities to come home to their communities, where we all want and deserve to live,” said Steven Schwartz, Special Counsel for CPR.

On April 23, 2024, federal Judge Nathaniel Gorton preliminarily approved the Settlement Agreement in Marsters v. Healey.  The court also provisionally certified a class of people with disabilities in nursing facilities, and approved a notice that will sent to all people in nursing facilities in Massachusetts.