Olmstead: Community Integration for Everyone
In 2009, the Civil Rights Division launched an aggressive effort to enforce the Supreme Court's decision in Olmstead v. L.C., a ruling that requires states to eliminate unnecessary segregation of persons with disabilities and to ensure that persons with disabilities receive services in the most integrated setting appropriate to their needs. President Obama issued a proclamation launching the "Year of Community Living," and has directed the Administration to redouble enforcement efforts. The Division has responded by working with state and local governments officials, disability rights groups and attorneys around the country, and with representatives of the Department of Health and Human Services, to fashion an effective, nationwide program to enforce the integration mandate of the Department's regulation implementing title II of the ADA.
What's New?
DOJ Findings Letter to Florida (September 2012) The United States issued a Findings Letter in September 2012 concluding that Florida is violating the ADA's integration mandate in its provision of services and supports to children with medically complex and medically fragile conditions. After a comprehensive investigation, the Department found that the State of Florida plans, structures, and administers a system of care that has led to the unnecessary institutionalization of children in nursing facilities and places children currently residing in the community at risk of unnecessary institutionalization. Read More
U.S. v. Virginia - 3:12CV059 (E.D. VA 2012)
On January 26, 2012, the Division filed in District Court a Complaint and a simultaneous Settlement Agreement resolving its ADA Olmstead investigation into whether persons with intellectual and developmental disabilities in Virginia are being served in the most integrated settings appropriate to their needs.
After taking public comment and holding a fairness hearing, the Court approved the settlement agreement subject to certain modifications, which were agreed to by the Commonwealth and the United States. The Court entered the settlement agreement as a final order on August 23, 2012. Read More
U.S. v. North Carolina, No. 5:12-cv-557 (E.D.N.C. 2012)
On August 23, 2012, the United States entered a comprehensive, eight-year settlement agreement with the State of North Carolina resolving the Civil Rights Division’s ADA Olmstead investigation of the State’s mental health service system, which currently serves thousands of individuals with mental illness in large adult care homes. The Agreement will expand access to community-based supported housing – integrated housing that promotes inclusion and independence and enables individuals with mental illness to participate fully in community life. Read More
T.H. et al. v. Dudek et al., 0:12-cv-60460-WJZ (S.D. Fla. 2012)
On June 28, 2012, the United States filed a Statement of Interest opposing Florida officials’ Motion to Dismiss. The plaintiffs’ complaint alleges that the State of Florida unnecessarily institutionalizes Medicaid-eligible children who are medically fragile in nursing facilities, or places them at risk of institutionalization, by limiting access to medically necessary services in the community, in violation of the ADA, Section 504 of the Rehabilitation Act, and the Early and Periodic Screening, Diagnosis and Treatment (“EPSDT”) provisions of the Medicaid Act. The complaint also alleges that Florida has violated the Pre-Admission Screening and Resident Review (“PASRR”) provisions of the Nursing Home Reform Amendments to the Medicaid Act by failing to fully evaluate children before admitting them to nursing facilities. Read More
DOJ Findings Letter to Oregon (2012)
The United States issued a Findings Letter in June 2012 concluding that Oregon is violating the ADA’s integration mandate in its provision of employment and vocational services. After an extensive investigation, the Department found that the State of Oregon plans, structures, and administers its system of providing employment and vocational services to individuals with intellectual and developmental disabilities in a manner that delivers such services primarily in segregated sheltered workshops rather than in integrated community employment settings, causing the unnecessary segregation of individuals in sheltered workshops that are capable of, and not opposed to, receiving employment services in the community. Read More
For the thirteenth anniversary of the Olmstead v. L.C. decision, Assistant Attorney General Thomas E. Perez testified before the Senate Committee on Health, Education, Labor, and Pensions on the Civil Rights Division’s enforcement of the ADA and Olmstead. To read AAG Perez's remarks, click here.
Faces of Olmstead: The personal stories of a few of the thousands of people whose lives have been improved by the Olmstead decision and the Department’s Olmstead enforcement work. Read More
Lane v. Kitzhaber – 12-CV-00138 – (D. OR 2012)
On June 18, 2012, the United States filed a Statement of Interest of the United States of America in Support of Plaintiffs’ Motion for Class Certification. In its Statement of Interest, the United States urged the Court to uphold class certification for a plaintiff class of thousands of individuals in, or referred to, Oregon sheltered workshops. Read more
Lynn E. v. Lynch, 1:12-CV-53-LM (D. N.H. 2012)
The Justice Department moved to intervene in Lynn E. v. Lynch, a recently-filed lawsuit alleging that the state of New Hampshire fails to provide mental health services to people with disabilities in community settings in violation of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. The suit alleges that as a result of the state’s failures, people with mental illness who need state mental health services are forced to go to segregated institutions like the New Hampshire Hospital in Concord, N.H., and the Glencliff Home in Benton, N.H. Read more
U.S. Motion to Intervene (Word) | (PDF) - filed March 27, 2011
U.S. Memo in Support of Motion to Intervene
(Word) | (PDF) - filed March 27, 2011U.S. Proposed Order on Intervention (Word) | (PDF) - filed March 27, 2011
U.S.Proposed Complaint (Word) | (PDF) - filed March 27, 2011
DOJ Findings Letter to New Hampshire (2011) (PDF) - filed April 7 , 2011
US Memorandum In Support of Plaintiffs’ Motion
for Class Certification (Word) | (PDF) - filed April 20, 2012
U.S. v. Virginia - 3:12CV059 (E.D. VA 2012)
On January 26, 2012, the Division filed in District Court a Complaint and a simultaneous Settlement Agreement resolving its ADA Olmstead investigation into whether persons with intellectual and developmental disabilities in Virginia are being served in the most integrated settings appropriate to their needs. Read More
Settlement Agreement (Word) | (PDF) - filed January 26, 2012
Settlement Agreement Fact Sheet (Word) | (PDF)
Complaint (Word) | (PDF) - filed January 26, 2012
Darling v. Douglas – 09-CV-3798 – (N.D. CA 2009) (Formerly Cota v. Maxwell-Jolly)
On January 10, 2012, The United States filed comments supporting final approval of the parties' proposed Settlement Agreement. Read More
Statement of Interest (Word) | (PDF) - filed January 10, 2012
Oster v. Lightbourne – 09-CV-4668 – (N.D. CA 2009) (Formerly Oster v. Wagner)
The United States filed a Statement of Interest on January 9, 2012 regarding Plaintiffs' challenge to a twenty percent reduction in personal care services provided through the State's In-Home Support Services (IHSS) program. IHSS is designed to enable elderly individuals and individuals with disabilities to avoid hospitalization and institutionalization. Read More
Statement of Interest (Word) | (PDF) - filed January 9, 2012
DOJ Findings Letter to Mississippi
The United States issued a Findings Letter in December 2011 concluding that Mississippi is violating the ADA's integration mandate in its provision of services to people with developmental disabilities and mental illness. After an extensive investigation, the Department found the State of Mississippi has failed to meet its obligations under the ADA by unnecessarily institutionalizing persons with mental illness or DD in public and private facilities and failing to ensure that they are offered a meaningful opportunity to live in integrated community settings consistent with their needs. The Department recommended that the State implement certain remedial measures, including the development of adequate, safe community-based services for people with developmental disabilities or mental illness who are unnecessarily institutionalized, or at risk of unnecessary institutionalization. DOJ seeks to work with the State to negotiate a settlement to resolve the findings.
Letter of Findings (Word) | (PDF) - filed December 22, 2011
M.R. v. Drefyus – 10-CV-2052 – (W.D. WA 2011)
On December 16, 2011, the Ninth Circuit Court of Appeals reversed the judgment of the district court and granted injunctive relief with respect to the named plaintiffs, finding that plaintiffs had demonstrated that the State's cuts placed them at serious risk of institutionalization in violation of the ADA. The court relied, in part, upon DOJ's previously filed Statement of Interest.
Ninth Circuit Court of Appeals Order Granting Injunctive Relief as to Named Plaintiffs (Word) | (PDF)
Steward et. al. v. Perry et. al. 5:10-CV-1025 (W.D. TX 2010)
United States Supplemental Statement of Interest in opposition to Defendants' Partial Motion to Dismiss Plaintiffs' Amended Complaint (Word) | (PDF) - filed November 30, 2011
Katie A. v. Douglas– CV-02-05662 AHM (SHX) – (C.D. CA 2011) (Formerly Katie A. v. Bonta)
Comments of the United States in Support of Final Approval of the Proposed Settlement Agreement (Word) | (PDF) - filed November 18, 2011