Litigation Updates

A federal judge denied the Motion to Dismiss in State of Georgia v. The Georgia Advocacy Office, the case filed by CPR and its partners alleging that the State of Georgia discriminates against thousands of public school students with disabilities by providing them with a separate and unequal education via the Georgia Network for Educational and Therapeutic Supports Program (GNETS). As a result, we can now move ahead in our efforts to demonstrate that the GNETS system violates the rights of students with disabilities under the ADA, Section 504, and the U.S. Constitution.

Today we filed a brief in the federal court of appeals in our Massachusetts children’s mental health case, on behalf of 30,000 children with serious emotional disturbance (SED). We argued that the court should not end monitoring and oversight of its remedial order designed to address ongoing violations of the Medicaid Act. Since children are still waiting weeks, if not months for intensive home-based services, that enable them to remain in their own homes and communities, the state is not in compliance with either federal law or the remedial order.

CPR and its co-counsel have reached a settlement with the State of Ohio in Ball v. DeWine, an ADA/Olmstead case filed in 2016 on behalf of thousands of people with intellectual disabilities who were unnecessarily segregated in large, congregate Intermediate Care Facilities (ICFs).

CPR assisted on two amicus briefs filed on behalf of former members of Congress and by numerous disability rights organizations that discussed the importance of federal enforcement of the ADA.

The right to bring a claim in a public court of law is essential to maintaining transparency about what occurs in nursing facilities.

CPR and other disability organizations filed an amicus brief in litigation challenging the new "public charge" rule, which would prevent people with disabilities from entering this country or becoming legal residents, alleging illegal disability discrimination.

On June 21, 2019, the United States District Court for the District of New Mexico gave its final approval to a new Settlement Agreement in the longstanding community integration case, Jackson v. Los Lunas.

A final settlement requires New Mexico 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. 

In a strongly-worded decision, Judge Michael Ponsor denied defendant’s Motion for Substantial Compliance, refusing to terminate active court oversight and monitoring of the Massachusetts’ home-based service system created under Rosie D. v. Baker.

Over 3,600 Texans with disabilities are warehoused in nursing facilities in Texas. They're isolated from the community and denied the basic services and supports they need.