University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Tessa G. v. Arkansas Department of Human Services PB-AR-0001
Docket / Court 4:03-cv-00493-GTE ( E.D. Ark. )
State/Territory Arkansas
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Case Summary
On June 25, 2003, a lawsuit was filed on behalf of a five-year old developmentally disabled girl under 42 U.S.C. § 1983 and 42 U.S.C. § 1396 (Title XIX of the Social Security Act, "The Medicaid Act") against the Arkansas Department of Human Services (ADHS) in the United States District Court for ... read more >
On June 25, 2003, a lawsuit was filed on behalf of a five-year old developmentally disabled girl under 42 U.S.C. § 1983 and 42 U.S.C. § 1396 (Title XIX of the Social Security Act, "The Medicaid Act") against the Arkansas Department of Human Services (ADHS) in the United States District Court for the Eastern District of Arkansas. The plaintiff, represented by private counsel, asked the court for injunctive relief, claiming that ADHS was not in compliance with the Medicaid Act. Specifically, Plaintiff claimed that her rights were violated when ADHS refused to provide her father with an enrollment application for community-based services and instead placed her on a waitlist for an indefinite time period.

Arkansas participates in Medicaid, and ADHS is the state agency charged with the administration of the Medicaid program in Arkansas. Arkansas provides services for developmentally disabled individuals in intermediate care facilities; alternatively, Arkansas also chose to provide home and community based services for developmentally disabled individuals (known as the Alternative Community Services Medicaid Waiver Program, or "ACS").

Plaintiff was a five-year-old girl with developmental and physical disabilities resulting from Down syndrome. Plaintiff's father wished to enroll her in the ACS program and requested an enrollment application in November of 2002; instead of providing an application, ADHS required Plaintiff to complete a client choice form. ADHS put Plaintiff on a wait list at number 2285 for an indefinite period of time even though there were almost 1,000 empty slots under the ACS program. Plaintiff alleged that ADHS had taken similar actions in response to other requests for ACS services.

Defendants filed an answer on July 17, 2003.

During a hearing held on August 14, 2003, Defendants agreed to provide Plaintiff with an application for ACS services. Because that was the primary relief sought by Plaintiff in her Complaint, the Court (Judge G. Thomas Eisele) dismissed the case without prejudice and stated that it considered Plaintiff to be a prevailing party.

On September 22, 2003, the Court issued an order awarding attorney's fees and costs. Rejecting Plaintiff's request for more than $26,000 because it was excessive in light of the relief obtained, the Court awarded Plaintiff $16,500 in attorney's fees, and $150 in costs.

There has been no further action in the case, and it has been closed.

Haley Waller - 01/16/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Plaintiff Type
Private Plaintiff
Causes of Action Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
42 U.S.C. § 1983
Defendant(s) Arkansas Department of Human Services
Plaintiff Description A young girl with developmental disabilities who wished to enroll in home/community-based Medicaid services.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 2003
Case Ongoing No
Docket(s)
4:03-cv-00493-GTE (E.D. Ark.) 09/22/2003
PB-AR-0001-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTIVE RELIEF 06/25/2003
PB-AR-0001-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
COMPLAINT 06/25/2003
PB-AR-0001-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
BRIEF IN SUPPORT OF DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION 07/07/2003
PB-AR-0001-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ANSWER 07/17/2003
PB-AR-0001-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
REPLY TO RESPONSE TO MOTION FOR PRELIMINARY INJUNCTIVE RELIEF 07/29/2003
PB-AR-0001-0008 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANTS’ SURREPLY TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION 08/07/2003
PB-AR-0001-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER OF DISMISSAL WITHOUT PREJUDICE (of Motion for Preminiary Injunction) 08/14/2003 (E.D. Ark.)
PB-AR-0001-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER AWARDING ATTORNEY'S FEES & COSTS 09/22/2003 (E.D. Ark.)
PB-AR-0001-0007 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Eisele, Garnett Thomas (E.D. Ark.)
PB-AR-0001-0006 | PB-AR-0001-0007 | PB-AR-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bowen, Martin W. (Arkansas)
PB-AR-0001-0002 | PB-AR-0001-0004 | PB-AR-0001-0008 | PB-AR-0001-9000
Defendant's Lawyers Beebe, Mike (Arkansas)
PB-AR-0001-0001 | PB-AR-0001-0003 | PB-AR-0001-0005 | PB-AR-0001-9000
Hagemeier, Mark Arnold (Arkansas)
PB-AR-0001-0001 | PB-AR-0001-0003 | PB-AR-0001-0005 | PB-AR-0001-9000
Hopkins, Breck G. (Arkansas)
PB-AR-0001-0001 | PB-AR-0001-0005 | PB-AR-0001-9000
Other Lawyers None on record

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