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Case Name Davis v. California HHS PB-CA-0013
Docket / Court 4:00-cv-02532 ( N.D. Cal. )
State/Territory California
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization Bazelon Center
NDRN/Protection & Advocacy Organizations
Case Summary
On July 13, 2000 plaintiffs, a group of nursing care patients at the Laguna Honda Hospital and Rehabilitation Center in San Francisco, filed suit against San Francisco City and County, the California Health and Human Services Agency, the California Department of Social Services, the California ... read more >
On July 13, 2000 plaintiffs, a group of nursing care patients at the Laguna Honda Hospital and Rehabilitation Center in San Francisco, filed suit against San Francisco City and County, the California Health and Human Services Agency, the California Department of Social Services, the California Department of Mental Health, the California Department of Health Services, the California Department of Developmental Services, and the California Department of Aging in the United States District Court for the Northern District of California. They alleged that the defendants had violated the Anti-Discrimination Act and the Nursing Care Reform Act. Specifically they alleged that the defendants had failed to provide information about, assess for, and provide community alternatives to individuals institutionalized at the hospital. They sought declaratory and injunctive relief and were represented by the AARP Foundation Litigation, Disability Rights California of Oakland, Disability Rights Education & Defense Fund, National Senior Citizens Law Center, Bazelon Center for Mental Health Law, and private counsel.

The case proceeded through extended discovery with a concurrent Justice Department investigation. On June 12, 2002 the district court (Judge Saundra Brown Armstrong) certified a class of all adult Medi-Cal beneficiaries who were or would be residents of the hospital, were or would be on the waiting lists for the hospital, were or would be within two years of discharge from the hospital, or were or would be become patients at hospitals owned or controlled by San Francisco and were eligible for discharge to the hospital.

On December 17, 2003 the court (Judge Armstrong) granted preliminary approval to settlements between the plaintiffs and both the City and County of San Francisco and the various state agencies. The settlement with San Francisco provided for a new Targeted Case Management Program that provided for nurses and social workers independent of the hospital to assess patients and engage in discharge planning with them. It also provided for a new community advisory community, training for residents of the hospital to inform them about community care options, a community resource center for patients, and peer mentors to assist residents in planning for discharge. The settlement with the state agencies changed the way the California Department of Mental Health conducts Pre-Admission Screening and Resident Review. They now take into consideration the patients' goals and preferences and the possibility of community-based services rather than institutionalization. On March 16, 2004 the court (Judge Armstrong) granted final approval to the settlement agreements and on March 30, 2004 the case was dismissed. The court thereafter retained jurisdiction to ensure compliance by the defendants.

Michael Perry - 01/10/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Medicare
Causes of Action Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Nursing Care Reform Act of 1987/ Omnibus Reconciliation Act
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) San Francisco City and County
State of California
Plaintiff Description Residents of the Laguna Honda Hospital and Rehabilitation Center
Indexed Lawyer Organizations 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 Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2004 - 2007
Case Closing Year 2004
Case Ongoing No
Docket(s)
4:00−cv−02532 (N.D. Cal.) 02/03/2009
PB-CA-0013-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
SETTLEMENT AGREEMENT BETWEEN PLAINTIFFS AND DEFENDANT CITY AND COUNTY OF SAN FRANCISCO 12/12/2003
PB-CA-0013-0003.pdf | Detail
ORDER GRANTING JOINT MOTION FOR PRELIMINARY APROVAL OF CLASS SETTLEMENT AGREEMENTS 12/17/2003 (N.D. Cal.)
PB-CA-0013-0001.pdf | Detail
NOTICE OF PROPOSED FINAL CLASS ACTION SETTLEMENT AND DISMISSAL AND HEARING 01/06/2004
PB-CA-0013-0002.pdf | Detail
Settlement Agreemend (With State Defendants) 02/02/2004
PB-CA-0013-0004.pdf | Detail
Memorandum (Summary of Settlement) 11/22/2004
PB-CA-0013-0005.pdf | Detail
Judges Armstrong, Saundra Brown (N.D. Cal.)
PB-CA-0013-0001 | PB-CA-0013-9000
Brazil, Wayne D. (N.D. Cal.) [Magistrate]
PB-CA-0013-9000
Chen, Edward Milton (N.D. Cal.) [Magistrate]
PB-CA-0013-9000
Jensen, Delwen Lowell (N.D. Cal.)
PB-CA-0013-9000
Wilken, Claudia Ann (N.D. Cal.) [Magistrate]
PB-CA-0013-9000
Monitors/Masters None on record
Plaintiff's Lawyers Basile, Katherine M. (California)
PB-CA-0013-9000
Buccino, Lisa S. (California)
PB-CA-0013-0004 | PB-CA-0013-9000
Burnim, Ira Abraham (District of Columbia)
PB-CA-0013-0004 | PB-CA-0013-9000
Cummings, Larisa M. (California)
PB-CA-0013-0002 | PB-CA-0013-0004 | PB-CA-0013-9000
Gelber, Eric R. (California)
PB-CA-0013-9000
Gershon, Elissa Staci (California)
PB-CA-0013-0002 | PB-CA-0013-0005 | PB-CA-0013-9000
Giliberti, Mary (District of Columbia)
PB-CA-0013-0004 | PB-CA-0013-9000
Kelly, Christopher L. (California)
PB-CA-0013-0004 | PB-CA-0013-9000
Mathis, Jennifer (District of Columbia)
PB-CA-0013-0004 | PB-CA-0013-9000
Mayerson, Arlene Brynne (California)
PB-CA-0013-0004 | PB-CA-0013-9000
Rhodes, Glenn Walthall (California)
PB-CA-0013-0004 | PB-CA-0013-9000
Semmel, Herbert (California)
PB-CA-0013-0004 | PB-CA-0013-9000
Siemon, Dorothy (District of Columbia)
PB-CA-0013-0004 | PB-CA-0013-9000
Sinclair, Andrew Thomas (California)
PB-CA-0013-0004 | PB-CA-0013-9000
Stortz, Michael James (California)
PB-CA-0013-9000
Swain, Kimberly C. (California)
PB-CA-0013-0002 | PB-CA-0013-0005 | PB-CA-0013-9000
Valentine, James F. (California)
PB-CA-0013-0004 | PB-CA-0013-9000
Vignery, Bruce (District of Columbia)
PB-CA-0013-0004 | PB-CA-0013-9000
Zirker, Elizabeth Anna (California)
PB-CA-0013-9000
Defendant's Lawyers Emery, James Moxon (California)
PB-CA-0013-9000
Gutierrez, Margarita (California)
PB-CA-0013-9000
Hespenheide, Amy L. (California)
PB-CA-0013-0004
Lockyer, Bill (California)
PB-CA-0013-0004
Loebs, Blake Philip (California)
PB-CA-0013-0002 | PB-CA-0013-9000
Meyers, Beverly R. (California)
PB-CA-0013-0002 | PB-CA-0013-0004 | PB-CA-0013-9000
Press, Douglas (California)
PB-CA-0013-0004
Salisbury, Tracy L. (California)
PB-CA-0013-0004 | PB-CA-0013-9000
Shartsis, Arthur J. (California)
PB-CA-0013-0004
Other Lawyers None on record

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