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Case Name Bill M. v. Nebraska Department of Health and Human Services PB-NE-0001
Docket / Court 03-3189 ( D. Neb. )
State/Territory Nebraska
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization Legal Services/Legal Aid
NDRN/Protection & Advocacy Organizations
Case Summary
On May 20, 2003, Bill M. and other developmentally disabled Nebraska residents filed a lawsuit under Americans with Disabilities Act, section 504 of the Rehabilitation Act, federal Medicaid statutes, the Due Process Clause, against the Nebraska Department of Health and Human Services Finance and ... read more >
On May 20, 2003, Bill M. and other developmentally disabled Nebraska residents filed a lawsuit under Americans with Disabilities Act, section 504 of the Rehabilitation Act, federal Medicaid statutes, the Due Process Clause, against the Nebraska Department of Health and Human Services Finance and Support in the United States District Court, District of Nebraska. The plaintiffs, represented by Nebraska Advocacy Services, asked the court for declaratory and injunctive relief, claiming that the State unlawfully provided inadequate funding for developmental disability services, thereby raising the risk that the plaintiffs would be placed institutional (as opposed to residential or community) settings.

On August 6, 2004, the District Court (Judge Richard G. Kopf) denied defendants' motion to dismiss based on 11th Amendment sovereign immunity. Defendants took an interlocutory appeal to the Eighth Circuit Court of Appeals. On May 27, 2005, the Eighth Circuit (Judge Roger Wollman) reversed with respect to Plaintiffs' Title II claim and held that the claim should be dismissed based on Nebraska's sovereign immunity. Bill M. ex rel William M. v. Nebraska Department of Health and Human Services Finance and Support, 408 F.3d 1096 (8th Cir. 2005). The Court held, however, that plaintiffs could still proceed under an almost identical claim under Section 504 of the Rehabilitation Act.

On remand, on September 2, 2005, the District Court dismissed Plaintiffs' first claim for relief under Title II of the ADA.

Magistrate Judge David L. Piester issued a Report and Recommendation regarding Plaintiffs' first motion for class certification and appointment of class counsel on June 20, 2005, that recommended that class certification be denied.



On June 22, 2007, Magistrate Judge Piester issued his Report and Recommendation regarding Plaintiffs' second motion for class certification and appointment of class counsel, again finding that class certification should be denied. On July 17th, Judge Kopf adopted the Report and Recommendation and denied class certification. Bill M. ex rel William M. v. Nebraska Department of Health and Human Services Finance and Support, 2007 WL 2068187 (July 17, 2007, D. Neb.)

The parties filed their settlement agreement with the Court on April 2, 2008.

On April 9, 2008, the Court issued a memorandum and order requiring the parties to review the consequences of the Court granting the parties' joint motion and stipulation for approval of settlement. Subject to the limitations stated in the order, the Court approved the parties' settlement agreement on April 21, 2008.

The Court denied Plaintiffs' motion for attorneys' fees on June 20, 2008. Bill M. ex rel William M. v. Nebraska Department of Health and Human Services, 2008 WL 2550648 (June 20, 2008, D. Neb.)

Plaintiffs appealed the denial of attorney fees to the Eighth Circuit Court of Appeals. Judge Steven Colloton issued the Court's opinion, affirming the District Court's decision, on March 9, 2009. Bill M. ex rel William M. v. Nebraska Department of Health and Human Services Finance and Support, 570 F.3d 1001 (8th Cir. 2009).

There has been no further activity in the case.

Haley Waller - 06/15/2010


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Plaintiff Type
Private Plaintiff
Causes of Action State law
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) NEBRASKA DEPARTMENT OF HEALTH AND HUMANSERVICES FINANCE AND SUPPORT
Plaintiff Description Developmentally disabled Nebraska residents who claimed that they were put on wait-lists and informed that funds were not available when they applied for community- and home-based services.
Indexed Lawyer Organizations Legal Services/Legal Aid
NDRN/Protection & Advocacy Organizations
Class action status sought Yes
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 not on record
Case Closing Year 2008
Case Ongoing No
Docket(s)
4:03-cv-03189-RGK-DLP (D. Neb.) 07/27/2009
PB-NE-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
MEMORANDUM AND ORDER (Order denying motion to dismiss) 08/06/2004 (D. Neb.)
PB-NE-0001-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
BRIEF FOR THE UNITED STATES AS INTERVENOR 11/26/2004
PB-NE-0001-0007.pdf | Detail
Document Source: Plaintiffs' counsel
8TH CIRCUIT OPINION 2005 05/27/2005 (408 F.3d 1096)
PB-NE-0001-0002.pdf | WESTLAW| LEXIS | Detail
REPORT AND RECOMMENDATION 06/20/2005
PB-NE-0001-0015.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM AND ORDER (Order Dismissing ADA Claim) 09/02/2005 (D. Neb.)
PB-NE-0001-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM AND ORDER (Order denying class certification) 09/08/2005 (D. Neb.)
PB-NE-0001-0016.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint 06/16/2006
PB-NE-0001-0001.pdf | Detail
Document Source: Plaintiffs' counsel
DEFENDANTS’ ANSWER TO SECOND AMENDED COMPLAINT 08/17/2006
PB-NE-0001-0013.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
REPORT AND RECOMMENDATION 06/22/2007
PB-NE-0001-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM AND ORDER (Order denying class certification) 07/17/2007 (2007 WL 2068187) (D. Neb.)
PB-NE-0001-0012.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM AND ORDER (Settlement Order) 02/01/2008 (D. Neb.)
PB-NE-0001-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
SETTLEMENT AGREEMENT 03/31/2008
PB-NE-0001-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM AND ORDER (Detailing terms and consequences of court "approval" of settlement) 04/09/2008 (D. Neb.)
PB-NE-0001-0014.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM AND ORDER (Order granting joint motion for settlement) 04/21/2008 (D. Neb.)
PB-NE-0001-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM AND ORDER (Order denying attorneys' fees) 06/20/2008 (2008 WL 2550648) (D. Neb.)
PB-NE-0001-0005.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
8TH CIRCUIT OPINION 2009 03/09/2009 (570 F.3d 1001)
PB-NE-0001-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Plaintiffs' counsel
Judges Bright, Myron H. (Eighth Circuit)
PB-NE-0001-0003 | PB-NE-0001-9000
Colloton, Steven M. (Eighth Circuit)
PB-NE-0001-0002 | PB-NE-0001-0003 | PB-NE-0001-9000
Hansen, David Rasmussen (N.D. Iowa, Eighth Circuit)
PB-NE-0001-0002 | PB-NE-0001-9000
Kopf, Richard George (D. Neb.) [Magistrate]
PB-NE-0001-0004 | PB-NE-0001-0005 | PB-NE-0001-0006 | PB-NE-0001-0008 | PB-NE-0001-0010 | PB-NE-0001-0012 | PB-NE-0001-0014 | PB-NE-0001-0016 | PB-NE-0001-9000
Piester, David L. (D. Neb.) [Magistrate]
PB-NE-0001-0011 | PB-NE-0001-0011 | PB-NE-0001-0011 | PB-NE-0001-0015 | PB-NE-0001-9000
Wollman, Roger Leland (Eighth Circuit)
PB-NE-0001-0002 | PB-NE-0001-0003 | PB-NE-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers DeLair, Diane (Nebraska)
PB-NE-0001-0001 | PB-NE-0001-9000
James, Shirley Mora (Nebraska)
PB-NE-0001-0001 | PB-NE-0001-9000
Mason, Bruce G. (Nebraska)
PB-NE-0001-0001 | PB-NE-0001-9000
Defendant's Lawyers Bruning, Jon (Nebraska)
PB-NE-0001-0013
McGath, David B. (Nebraska)
PB-NE-0001-0013
Rumbaugh, Michael J. (Nebraska)
PB-NE-0001-0013
Other Lawyers Acosta, R. Alexander (District of Columbia)
PB-NE-0001-0007 | PB-NE-0001-9000
Russell, Kevin K. (District of Columbia)
PB-NE-0001-0007 | PB-NE-0001-9000
Silver, Jessica Dunsay (District of Columbia)
PB-NE-0001-0007 | PB-NE-0001-9000

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