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Case Name Brown v. Tennessee Department of Finance and Administration MH-TN-0002
Docket / Court 00-0665 ( M.D. Tenn. )
State/Territory Tennessee
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization NDRN/Protection & Advocacy Organizations
Case Summary
On July 13, 2000 a group of developmentally disabled individuals and two advocacy organizations filed suit against the Tennessee Department of Mental Health and Developmental Disabilities in the Federal District Court for the Middle District of Tennessee. On September 11, 2000 the Tennessee ... read more >
On July 13, 2000 a group of developmentally disabled individuals and two advocacy organizations filed suit against the Tennessee Department of Mental Health and Developmental Disabilities in the Federal District Court for the Middle District of Tennessee. On September 11, 2000 the Tennessee Department of Finance and Administration was substituted as the defendant. The plaintiffs claimed that the defendants were violating the Medicaid Act by denying them the opportunity to apply for community based treatment, by denying their applications for such treatment, or by placing them on long waitlists after approving the applications.

On April 30, 2001 the court (Judge Robert L. Echols) certified a class of all developmentally disabled residents of Tennessee who fell into one of the three categories in the complaint. On May 7, 2003 the court (Judge Echols) denied competing motions for summary judgment and on June 15, 2004 the court (Judge Echols) approved a settlement agreement between the parties. The settlement aimed to both reduce the period individuals spent on the waitlists and to provide interim services to those on the waitlist that better met their needs. The defendants agreed to provide additional slots for community based treatment and allocate additional funds in the first two years of the settlement agreement. They also agreed to develop a better case management program, reform the application process, and take other measures to alleviate the burdens of those on the waitlists. Specific measures for the final three years of the duration of the agreement were to be negotiated by the parties at a later date.

Disputes arose regarding whether the defendant was in compliance with the settlement and as to whether the settlement should be vacated because of a change in Sixth Circuit law. The court (Judge Echols) denied the defendants' motion to vacate the settlement and dismiss the case on September 12, 2007 and denied the plaintiffs' motion for specific performance on July 8, 2008. The defendants appealed and on March 9, 2009 the Sixth Circuit Court of Appeals (Judges Martin, Rogers, and Sutton) reversed and remanded for reconsideration.

Negotiations regarding specific provisions related to additional funding for community based treatment slots for the final three years of the settlement also reached an impasse. On July 24, 2009 the court (Judge Echols) vacated the settlement as to the provision regarding provider network capacity and granted the defendants summary judgment on the remaining issues in dispute. The case was closed on February 5, 2010 after the settlement agreement expired.

Michael Perry - 03/06/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Content of Injunction
Discrimination Prohibition
Preliminary relief denied
Reasonable Accommodation
Defendant-type
Hospital/Health Department
Jurisdiction-wide
Disability
disability, unspecified
Integrated setting
Least restrictive environment
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Deinstitutionalization/decarceration
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Wait lists
Medical/Mental Health
Intellectual/Developmental Disability
Mental Disability
Intellectual/developmental disability, unspecified
Causes of Action Title XIX of the Social Security (Medicaid) Act, 42 U.S.C ยง1396
Defendant(s) Tennessee Department of Finance and Administration
Plaintiff Description Plaintiffs are individuals with developmental disabilities who are not able to obtain services in the community through Tennessee's Home and Community Based Services Medicaid waiver.
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2004 - 2010
Case Closing Year 2010
Case Ongoing No
Docket(s)
3:00-cv-00665 (M.D. Tenn.) 05/29/2009
MH-TN-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Settlement Agreement 06/15/2004
MH-TN-0002-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 07/01/2006 (M.D. Tenn.)
MH-TN-0002-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 04/13/2007 (M.D. Tenn.)
MH-TN-0002-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 04/13/2007 (M.D. Tenn.)
MH-TN-0002-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum 09/12/2007 (2007 WL 2710704) (M.D. Tenn.)
MH-TN-0002-0002.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 09/12/2007 (M.D. Tenn.)
MH-TN-0002-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 02/11/2008
MH-TN-0002-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum [Denying Motion for Motion for an Order for Specific Performance for Non-Compliance with Settlement Agreement] 07/08/2008 (2008 WL 2704362 / 2008 U.S.Dist.LEXIS 52806) (M.D. Tenn.)
MH-TN-0002-0011.pdf | WESTLAW| LEXIS | External Link | Detail
Memorandum 01/26/2009 (2009 WL 211143) (M.D. Tenn.)
MH-TN-0002-0009.pdf | WESTLAW | Detail
Document Source: Westlaw
Opinion 03/09/2009 (561 F.3d 542)
MH-TN-0002-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Order 07/24/2009 (649 F.Supp.2d 780) (M.D. Tenn.)
MH-TN-0002-0010.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Order [Administratively Closing Case] 02/05/2010 (M.D. Tenn.)
MH-TN-0002-0012.pdf | External Link | Detail
Judges Bryant, John S. (M.D. Tenn.) [Magistrate]
MH-TN-0002-9000
Echols, Robert L. (M.D. Tenn.)
MH-TN-0002-0001 | MH-TN-0002-0002 | MH-TN-0002-0004 | MH-TN-0002-0005 | MH-TN-0002-0006 | MH-TN-0002-0007 | MH-TN-0002-0009 | MH-TN-0002-0010 | MH-TN-0002-0011 | MH-TN-0002-0012 | MH-TN-0002-9000
Martin, Boyce Ficklen Jr. (Sixth Circuit)
MH-TN-0002-0003 | MH-TN-0002-0003 | MH-TN-0002-0003
Monitors/Masters None on record
Plaintiff's Lawyers Barrick, William M. (Tennessee)
MH-TN-0002-9000
Buchanan, Gary (Tennessee)
MH-TN-0002-9000
Chastain, Parks T. (Tennessee)
MH-TN-0002-9000
Garrett, J. Page (Tennessee)
MH-TN-0002-9000
Housepian, Gary D. (Tennessee)
MH-TN-0002-0001 | MH-TN-0002-9000
Hubbard, William B. (Tennessee)
MH-TN-0002-9000
Krause, Kent Ellis (Tennessee)
MH-TN-0002-0001 | MH-TN-0002-9000
Lafferty, Martha M. (Tennessee)
MH-TN-0002-9000
Michelle, Suzanne (Tennessee)
MH-TN-0002-9000
Wilds, Sherry A. (Tennessee)
MH-TN-0002-9000
Defendant's Lawyers Cooper, Charles Justin (District of Columbia)
MH-TN-0002-9000
Dycus, Dianne Stanley (Tennessee)
MH-TN-0002-0001 | MH-TN-0002-9000
Kirk, Michael W. (District of Columbia)
MH-TN-0002-9000
Koukoutchos, Brian Stuart (District of Columbia)
MH-TN-0002-9000
Other Lawyers None on record

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