University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Olesky v. Haveman PB-MI-0001
Docket / Court 5:99-cv-00105 ( W.D. Mich. )
State/Territory Michigan
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Attorney Organization Legal Services/Legal Aid
NDRN/Protection & Advocacy Organizations
Case Summary
The Clearinghouse has managed to acquire only limited documents and information about this case.

In 1999, Plaintiffs filed a class action lawsuit in Michigan state court against the Michigan Department of Community Health (DCH) and its officials . The suit was filed on behalf of a class ... read more >
The Clearinghouse has managed to acquire only limited documents and information about this case.

In 1999, Plaintiffs filed a class action lawsuit in Michigan state court against the Michigan Department of Community Health (DCH) and its officials . The suit was filed on behalf of a class of Medicaid recipients confined to Michigan nursing facilities whose screening had identified them as not needing nursing services, though they did require mental health or other specialized services. Using 42 U.S.C. § 1983 as the basis for their cause of action, they alleged their confinement was in violation of the Nursing Home Reform Act of 1987, the Americans with Disabilities Act, and state law.

The plaintiffs sought injunctive relief, in order to be provided with care in the most integrated setting, i.e. in community-integrated living arrangements such as private homes or group homes, rather than in nursing homes where they would effectively be segregated from the rest of the population. They also sought attorneys' fees and costs.

The State sought to have the case removed to federal court on the grounds that it involved questions of federal law. This motion was granted on September 15, 1999, and the case was transferred to the U.S. District Court for the Western District of Michigan.

On December 6, 1999, the state moved to have the case dismissed. The Court denied this motion on May 1, 2000. The parties reached a settlement on November 13, 2001. The Clearinghouse does not have a copy of this settlement, but according to the PAS Center website, in the settlement Michigan agreed to "assure the appropriate [and] timely community placement of individuals determined to not require nursing facility care." The case appears to be closed.

Alex Colbert-Taylor - 06/28/2013


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Content of Injunction
Reasonable Accommodation
Defendant-type
Hospital/Health Department
Disability
disability, unspecified
Least restrictive environment
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Confinement/isolation
Deinstitutionalization/decarceration
Disparate Treatment
Habilitation (training/treatment)
Placement in mental health facilities
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Medical/Mental Health
Intellectual/Developmental Disability
Medical care, general
Mental Disability
Depression
Down syndrome
Intellectual/developmental disability, unspecified
Mental Illness, Unspecified
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) State of Michigan
Plaintiff Description The class of persons with disabilities receiving Medicaid benefits who were being confined to nursing facilities in Michigan and who had been screened and determined to not need nursing facility services but who did require specialized services.
Indexed Lawyer Organizations Legal Services/Legal Aid
NDRN/Protection & Advocacy Organizations
Class action status sought Yes
Class action status granted Unknown
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2001
Case Ongoing No
Docket(s)
5:99−cv−00105 (W.D. Mich.) 11/13/2001
PB-MI-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
First Amended Complaint 05/04/2000
PB-MI-0001-0001.pdf | Detail
Judges Hillman, Douglas Woodruff (W.D. Mich.)
PB-MI-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Cody, Mark A. (Michigan)
PB-MI-0001-0001 | PB-MI-0001-9000
Hakola, Stewart R. (Michigan)
PB-MI-0001-9000
Luker, Calvin A. (Michigan)
PB-MI-0001-0001 | PB-MI-0001-9000
Tuck, Marsha Lynn (Michigan)
PB-MI-0001-9000
Defendant's Lawyers Rios, Santiago (Michigan)
PB-MI-0001-9000
Other Lawyers None on record

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