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Case Name Emily Q. v. Bonta PB-CA-0010
Docket / Court 2:98-cv-04181 ( C.D. Cal. )
State/Territory California
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization ACLU of Southern California
Bazelon Center
NDRN/Protection & Advocacy Organizations
Case Summary
On May 27, 1998 a group of seven children with intensive mental health needs who were eligible for Medi-Cal benefits filed suit against the California Department of Health Services in the Federal District Court for the Central District of California alleging violations of the Medicaid Act. They ... read more >
On May 27, 1998 a group of seven children with intensive mental health needs who were eligible for Medi-Cal benefits filed suit against the California Department of Health Services in the Federal District Court for the Central District of California alleging violations of the Medicaid Act. They contended they were entitled under federal law to mental health benefits that were being denied to them, specifically Therapeutic Behavioral Services (TBS). They sought injunctive relief requiring that the defendant cover TBS.

On February 24, 1999 the district court (Judge William D. Keller) issued a preliminary injunction requiring that the defendant acknowledge that the Medi-Cal program covered TBS, implement procedures whereby plaintiffs could request TBS, and inform members of the putative class that they could request TBS. On May 4, 1999 the district court (Judge Keller) certified a state-wide class consisting of all current and future beneficiaries of the Medi-Cal Medicaid program under the age of 21 who were placed in a locked facility or a particular type of group home for the treatment of mental health needs, were being considered for such placement, or had undergone one or more psychiatric hospitalizations related the their disability in the previous two years.

On July 23, 1999 the defendant stipulated to judgment for the plaintiffs on all claims. Thereafter the dispute concerned the appropriate remedy as the parties were unable to reach an agreement as to several specific issues related to how TBS could be requested, how notification of the availability of TBS would work, how precisely assessments were to be conducted, the qualifications of assessors, and monitoring. On March 30, 2001 the district court (Judge Howard A. Matz) entered a permanent injunction resolving these issues, largely in favor of the plaintiffs.

The court continued to exercise jurisdiction over compliance with the terms of the injunction. On April 22, 2004 the court (Judge Matz) modified the permanent injunction to include additional remedial measures based on the finding that the defendant had not made TBS available to patients at an acceptable rate. On July 29, 2004 a plan to increase the usage of TBS was approved. These measures also included increased monitoring, and on December 29, 2004 a special master was appointed.

On February 28, 2006 the defendant moved for relief from all injunctions but the court (Judge Matz) denied this motion. The defendant appealed, but on October 2, 2006 the Ninth Circuit (Judges Konzinski, O'Scannlain, and Bybee) affirmed the district court. As of November 2010, the case remained open. The Special Master had filed a Seventh Report and a status conference was scheduled.

Michael Perry - 01/10/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) California Department of Health Services
Kerlan Jobe Orthopaedic Clinic
Los Angeles County Department of Mental Health
Plaintiff Description Medi-Cal-eligible Californians under the age 21 who were placed in locked facilities and denied certain mental health benefits.
Indexed Lawyer Organizations ACLU of Southern California
Bazelon Center
NDRN/Protection & Advocacy Organizations
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Confession of Judgment
Order Duration 2004 - 2007
Case Closing Year n/a
Case Ongoing No
Docket(s)
2:98−cv−04181 (C.D. Cal.) 11/23/2010
PB-CA-0010-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order Granting Plaintiffs' Motion for Permanent Injunction 03/30/2001 (208 F.Supp.2d 1078) (C.D. Cal.)
PB-CA-0010-0001 PDF | WESTLAW| LEXIS | External Link | Detail
Amended Judgment and Permanent Injunction 04/22/2004 (C.D. Cal.)
PB-CA-0010-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Re: Plan to Increase TBS Utilization and Joint Stipulation of Support Thereof 07/29/2004 (C.D. Cal.)
PB-CA-0010-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Appointing Special Master 12/29/2004 (C.D. Cal.)
PB-CA-0010-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion (Affirming the District Court) 10/02/2006 (203 Fed.Appx. 35)
PB-CA-0010-0005 PDF | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Judges Bybee, Jay S. (Ninth Circuit)
PB-CA-0010-0005
Keller, William Duffy (C.D. Cal.)
PB-CA-0010-9000
Kozinski, Alex (Ninth Circuit)
PB-CA-0010-0005
Matz, A. Howard (C.D. Cal.)
PB-CA-0010-0001 | PB-CA-0010-0002 | PB-CA-0010-0003 | PB-CA-0010-0004 | PB-CA-0010-9000
O'Scannlain, Diarmuid Fionntain (Ninth Circuit)
PB-CA-0010-0005
Wistrich, Andrew J. (C.D. Cal.) [Magistrate]
PB-CA-0010-9000
Monitors/Masters Groves, Ivor (Florida)
PB-CA-0010-0004 | PB-CA-0010-9000
Saletta, Richard (California)
PB-CA-0010-9000
Plaintiff's Lawyers Barkoff, Alison (District of Columbia)
PB-CA-0010-9000
Bird, Melinda R. (California)
PB-CA-0010-0003 | PB-CA-0010-9000
Burnim, Ira Abraham (District of Columbia)
PB-CA-0010-9000
Casas-Sarmiento, Eva (California)
PB-CA-0010-9000
Gee, Suzanna (California)
PB-CA-0010-9000
Holle, Marilyn (California)
PB-CA-0010-9000
Kluk, Michael J. (California)
PB-CA-0010-9000
Newman, Robert D. Jr. (California)
PB-CA-0010-9000
Pettit, Sandra B. (California)
PB-CA-0010-9000
Preis, James Joseph (California)
PB-CA-0010-9000
Roberts, Margaret P. (California)
PB-CA-0010-9000
Rosenbaum, Mark Dale (California)
PB-CA-0010-9000
Rothschild, Richard (California)
PB-CA-0010-9000
Sakimura, Keith K. (California)
PB-CA-0010-9000
Seaborn, Stuart (California)
PB-CA-0010-9000
Shea, Nancy M. (California)
PB-CA-0010-9000
Stortz, Michael James (California)
PB-CA-0010-9000
Weisz, Virginia G. (California)
PB-CA-0010-9000
Wheeler, Allison (California)
PB-CA-0010-9000
Defendant's Lawyers Ahern, James F. (California)
PB-CA-0010-9000
Gibson, Paula Lauren (California)
PB-CA-0010-9000
Munoz, G. Mateo (California)
PB-CA-0010-9000
Owens, Andrew W. (California)
PB-CA-0010-9000
Sanders, John H. (California)
PB-CA-0010-9000
Tamura, Irene K. (California)
PB-CA-0010-0002 | PB-CA-0010-0003 | PB-CA-0010-9000
Vaughn, Melinda (California)
PB-CA-0010-9000
Waldow, Richard T. (California)
PB-CA-0010-9000
Wu, Patrick A. (California)
PB-CA-0010-9000
Other Lawyers None on record

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