University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Hale v. Belshe PB-CA-0009
Docket / Court CV-96-01804-SAW ( N.D. Cal. )
State/Territory California
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization NDRN/Protection & Advocacy Organizations
Case Summary
On May 15, 1996 plaintiffs, a group of individuals with psychiatric disorders who were housed in locked nursing facilities but were eligible for community-based treatment, sued the California Department of Mental Health, the California Department of Health Services, and various officials in their ... read more >
On May 15, 1996 plaintiffs, a group of individuals with psychiatric disorders who were housed in locked nursing facilities but were eligible for community-based treatment, sued the California Department of Mental Health, the California Department of Health Services, and various officials in their official capacity in the District Court for the Northern District of California. They alleged that the failure of the state to place them in community treatment facilities violated the Americans with Disabilities Act, the Medicaid Act, and the Nursing Care Reform Act of 1987. They sought class status and declaratory and injunctive relief.

On December 2, 1996 the district court (Judge Stanley A. Weigel) ruled that the various officials named in the suit did not enjoy official immunity. The state appealed but on July 3, 1997 the Ninth Circuit Court of Appeals (Judges Goodwin, Nelson, and Trott) affirmed the district court.

The case came to a close on October 20, 1997 when the district court (Vaughn R. Walker) entered a voluntary dismissal after appropriate placements in community-based treatment facilities were found for the named plaintiffs.

Michael Perry - 01/10/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Plaintiff Type
State Plaintiff
Causes of Action Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Nursing Care Reform Act of 1987/ Omnibus Reconciliation Act
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) California Department of Mental Health
Califronia Department of Health Services
Plaintiff Description Individuals with psychiatric disabilities who were eligible for community-based mental health services.
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought Yes
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year 1997
Case Ongoing No
Docket(s)
CV-96-01804-SAW (N.D. Cal.) 10/22/1997
PB-CA-0009-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
97-15177 (U.S. Court of Appeals) 06/15/1999
PB-CA-0009-9001.pdf | Detail
Westlaw
General Documents
Appellants' Opening Brief 03/14/1997 (1997 WL 33555336)
PB-CA-0009-0001.pdf | WESTLAW | Detail
Document Source: Westlaw
Brief of Plaintiffs-Appellees 03/31/1997 (1997 WL 33555335)
PB-CA-0009-0002.pdf | WESTLAW | Detail
Document Source: Westlaw
Opinion 07/03/1997 (1997 WL 377113 / 1997 U.S.App.LEXIS 16833)
PB-CA-0009-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: LexisNexis
Judges Brennan, Joan S. (N.D. Cal.) [Magistrate]
PB-CA-0009-9000
Goodwin, Alfred Theodore (Ninth Circuit, D. Or.)
PB-CA-0009-0003
Nelson, Dorothy Wright (Ninth Circuit)
PB-CA-0009-0003
Trott, Stephen S. (Ninth Circuit)
PB-CA-0009-0003
Walker, Vaughn R. (N.D. Cal.)
PB-CA-0009-9000
Weigel, Stanley Alexander (N.D. Cal.)
PB-CA-0009-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bird, Melinda R. (California)
PB-CA-0009-0002 | PB-CA-0009-9001
Casas-Sarmiento, Eva (California)
PB-CA-0009-0002
Dietrich, Inge (California)
PB-CA-0009-0002
Holle, Marilyn (California)
PB-CA-0009-0002
Morrison, Leslie B. (California)
PB-CA-0009-0002
Pettit, Sandra B. (California)
PB-CA-0009-0002 | PB-CA-0009-9000 | PB-CA-0009-9001
Preis, James Joseph (California)
PB-CA-0009-0002 | PB-CA-0009-9000 | PB-CA-0009-9001
Stortz, Michael James (California)
PB-CA-0009-0002 | PB-CA-0009-9000 | PB-CA-0009-9001
Defendant's Lawyers Holland, Charlton G. III (California)
PB-CA-0009-0001
Lungren, Daniel E. (California)
PB-CA-0009-0001
Meyers, Beverly R. (California)
PB-CA-0009-0001 | PB-CA-0009-9001
Mukai, Robert L. (California)
PB-CA-0009-0001
Wald, Stephanie (California)
PB-CA-0009-0001
Other Lawyers None on record

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