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Case Name Bruggeman v. Blagojevich PB-IL-0002
Docket / Court 1:00-cv-05392 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Case Summary
On September 1, 2000, developmentally disabled individuals who were eligible to receive Medicaid services, but who had not received such services, filed a lawsuit under the Medicaid Act, the Americans with Disabilities Act (ADA), and the Rehabilitation Act, against various Illinois state officials. ... read more >
On September 1, 2000, developmentally disabled individuals who were eligible to receive Medicaid services, but who had not received such services, filed a lawsuit under the Medicaid Act, the Americans with Disabilities Act (ADA), and the Rehabilitation Act, against various Illinois state officials. Plaintiffs, represented by private counsel, sought declaratory and injunctive relief, alleging that Defendants failed to provide Medicaid services with reasonable promptness.

Plaintiffs lived with their parents in northern Illinois and were eligible for intermediate care facility/developmentally disabled (ICF/DD) level of care funding. Plaintiffs wished to move from their parents' homes and receive residential services, but there were no slots available in any facility in northern Illinois. To receive residential services, Plaintiffs would have had to move to a facility in southern Illinois. Living on the other side of the state would have imposed financial and time constraints on Plaintiffs' families.

On May 2, 2001, the Court (John F. Grady) granted in part and denied in part Defendants' motion to dismiss. The Court granted Defendants' motion to dismiss Plaintiffs' ADA claim, but denied the motion as to the other Counts of the Complaint.

On February 25, 2002, the Court dismissed Plaintiffs' claims for lack of standing and denied the motion for class certification as moot. Boudreau v. Ryan, 2002 WL 314794 (N.D. Ill. Feb. 25, 2002). The Court held that Plaintiffs did not have standing to bring the case because Defendants had no obligation under the Medicaid statute to provide ICF/DD services in close proximity to Plaintiffs' family homes. The Court also dismissed Plaintiffs' claims under the Rehabilitation Act. On the same day, the Court entered final judgment for Defendants.

On April 7, 2003, the Seventh Circuit Court of Appeals (Judge Posner) held that Plaintiffs' Medicaid claims failed on the merits, even though the District Court had improperly characterized the dismissal as being because of a lack of standing. Bruggeman v. Blagojevich, 324 F.3d 906 (7th Cir. 2003). The Court then set aside the dismissal of Plaintiffs' claims under the Rehabilitation Act and the ADA and remanded to District Court. The Seventh Circuit directed the District Court to determine whether Illinois had a plan oriented towards preventing isolation and segregation of developmentally disabled adults.

On June 30, 2004, the District Court granted the parties' motion to dismiss with prejudice. Each party was to bear its own costs. The case was closed, and there has been no further litigation.

Haley Waller - 02/16/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Plaintiff Type
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) Associate Director of the Office of Developmental Disabilities
Director of the Illinois Department of Public Aid
Governor of the State of Illinois
Secretary of the Illinois Department of Human Services
Plaintiff Description Developmentally disabled adults living at home with their parents who wished to live in intermediate care facilities.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Unknown
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Unknown
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2002
Case Ongoing No
Docket(s)
1:00-cv-05392 (N.D. Ill.) 07/08/2004
PB-IL-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 09/01/2000
PB-IL-0002-0012.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM OPINION 05/02/2001 (2001 WL 840583) (N.D. Ill.)
PB-IL-0002-0010.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PROTECTIVE ORDER 08/24/2001 (2001 WL 1001156) (N.D. Ill.)
PB-IL-0002-0011.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFFS’ MEMORANDUM OF LAW IN RESPONSE TO THE COURT’S INQUIRY ON DECEMBER 6, 2001 12/11/2001
PB-IL-0002-0013.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFFS’ RESPONSE TO DEFENDANTS MOTION TO DISMISS PLAINTIFFS THIRD AMENDED COMPLAINT 12/28/2001
PB-IL-0002-0016.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFFS’ MEMORANDUM OF LAW ON FAMILY PARTICIPATION AND STATEWIDENESS UNDER THE MEDICAID ACT 01/10/2002
PB-IL-0002-0014.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANTS' MEMORANDUM OF LAW ON STATEWIDENESS AND MEDICAID RECIPIENTS’ RIGHT TO PLACEMENT IN CLOSE GEOGRAPHIC PROXIMITY TO FAMILY 01/11/2002
PB-IL-0002-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFFS’ MEMORANDUM OF LAW IN RESPONSE TO THIS COURT’S ORDER OF JANUARY 11, 2001 01/15/2002
PB-IL-0002-0015.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANTS’ MEMORANDUM OF LAW IN RESPONSE TO COURT’S QUESTIONS 01/16/2002
PB-IL-0002-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
FOURTH AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 02/14/2002
PB-IL-0002-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
FINAL JUDGMENT 02/28/2002 (N.D. Ill.)
PB-IL-0002-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM OPINION 02/28/2002 (2002 WL 314794 / 2002 U.S.Dist.LEXIS 3294) (N.D. Ill.)
PB-IL-0002-0009.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
BRIEF FOR THE UNITED STATES AS AMICUS CURIAE SUPPORTING APPELLANTS AND URGING REVERSAL 06/18/2002
PB-IL-0002-0005.pdf | Detail
Document Source: Westlaw
BRIEF FOR THE UNITED STATES AS INTERVENOR 11/25/2002
PB-IL-0002-0004.pdf | Detail
Document Source: Westlaw
Untitled 01/27/2003 (318 F.3d 716)
PB-IL-0002-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Public.Resource.Org
Untitled 04/07/2003 (324 F.3d 906)
PB-IL-0002-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Public.Resource.Org
STIPULATION TO DISMISS 06/30/2004
PB-IL-0002-0017.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Grady, John Francis (N.D. Ill.)
PB-IL-0002-0008 | PB-IL-0002-0009 | PB-IL-0002-0010 | PB-IL-0002-0011 | PB-IL-0002-9000
Posner, Richard Allen (Seventh Circuit)
PB-IL-0002-0002 | PB-IL-0002-0003 | PB-IL-0002-9000
Williams, Ann Claire (Seventh Circuit, N.D. Ill.)
PB-IL-0002-0002 | PB-IL-0002-0003 | PB-IL-0002-9000
Wood, Diane Pamela (Seventh Circuit)
PB-IL-0002-0002 | PB-IL-0002-0003 | PB-IL-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Boyd, Ralph F. Jr. (District of Columbia)
PB-IL-0002-0004 | PB-IL-0002-0005 | PB-IL-0002-9000
Farley, Robert Hugh Jr. (Illinois)
PB-IL-0002-0001 | PB-IL-0002-0012 | PB-IL-0002-0013 | PB-IL-0002-0014 | PB-IL-0002-0015 | PB-IL-0002-0016 | PB-IL-0002-0017 | PB-IL-0002-9000
Galanter, Seth Michael (District of Columbia)
PB-IL-0002-0005 | PB-IL-0002-9000
Harrington, Sarah E. (District of Columbia)
PB-IL-0002-0004 | PB-IL-0002-9000
Morrissey, Thomas Gerard (Illinois)
PB-IL-0002-0001 | PB-IL-0002-0013 | PB-IL-0002-0014 | PB-IL-0002-0015 | PB-IL-0002-0016 | PB-IL-0002-0017 | PB-IL-0002-9000
Silver, Jessica Dunsay (District of Columbia)
PB-IL-0002-0004 | PB-IL-0002-0005 | PB-IL-0002-9000
Defendant's Lawyers Leech, Michael J. (Illinois)
PB-IL-0002-0006 | PB-IL-0002-0007 | PB-IL-0002-0017 | PB-IL-0002-9000
Puiszis, Steven M. (Illinois)
PB-IL-0002-0006 | PB-IL-0002-0007 | PB-IL-0002-0017 | PB-IL-0002-9000
Roberts, J. William (Illinois)
PB-IL-0002-0006 | PB-IL-0002-0007 | PB-IL-0002-0017 | PB-IL-0002-9000
Other Lawyers None on record

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