University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Arc of Delaware v. Meconi PB-DE-0001
Docket / Court 1:02-cv-00255 ( D. Del. )
State/Territory Delaware
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization NDRN/Protection & Advocacy Organizations
Case Summary
On April 8, 2002 plaintiffs, nine individuals with developmental disabilities, two advocacy organizations, and a housing organization, filed suit against Delaware Department of Health & Social Services and specifically the Division of Developmental Disability Services in the United States District ... read more >
On April 8, 2002 plaintiffs, nine individuals with developmental disabilities, two advocacy organizations, and a housing organization, filed suit against Delaware Department of Health & Social Services and specifically the Division of Developmental Disability Services in the United States District Court for the District of Delaware. They alleged that Delaware had violated the Americans with Disabilities Act, the Medicaid Act, the Due Process Clause of the 14th Amendment, and 42 U.S.C. § 1983. They claimed that Delaware lacked an effective "Olmstead Plan" resulting in slow moving waitlists and the unavailability of adequate options for individuals seeking community-based rather than institutional care.

On September 30, 2003 the district court (Judge Kent A. Jordan) denied the defendants' motion to dismiss and the plaintiffs' motions for a temporary restraining order, a preliminary injunction, and class certification without prejudice, because the parties indicated they intended to settle. On August 24, 2004 the court (Judge Jordan) entered an order approving a settlement and dismissing the case. The settlement provided for expanded waiver services, infrastructure improvements, collaboration to improve waitlist management for community care, and additional community care placements. The case was thereafter reopened to consider a dispute regarding attorney's fees but came to a close again on June 13, 2005 when the court (Judge Jordan) ruled in favor of the plaintiffs.

Michael Perry - 01/25/2011


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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
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Delaware Department of Health & Social Services
Delaware Department of Health & Social Services
Plaintiff Description Nine individuals with developmental disabilities, two advocacy organizations, and a housing organization.
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought Yes
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer No
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 2005
Case Ongoing No
Docket(s)
1:02−cv−00255 (D. Del.) 06/13/2005
PB-DE-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion (Concerning attorney's fees) 06/13/2005 (2005 WL 3657319 / 2005 U.S.Dist.LEXIS 39039) (D. Del.)
PB-DE-0001-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: LexisNexis
Judges Jordan, Kent A. (D. Del., Third Circuit)
PB-DE-0001-0001 | PB-DE-0001-9000
McKelvie, Roderick R. (D. Del.)
PB-DE-0001-9000
Thynge, Mary Pat (D. Del.) [Magistrate]
PB-DE-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Atkins, Daniel Gary (Delaware)
PB-DE-0001-9000
Defendant's Lawyers Newcomer, John H. Jr. (Delaware)
PB-DE-0001-9000
Placey, Richard G. (Delaware)
PB-DE-0001-9000
Woolfolk, Aleph Ann (Delaware)
PB-DE-0001-9000
Other Lawyers None on record

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