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Case Name Williams v. Quinn PB-IL-0005
Docket / Court 1:05-cv-04673 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization Bazelon Center
Legal Services/Legal Aid
NDRN/Protection & Advocacy Organizations
Case Summary
On August 15, 2005, residents of an intermediate care facility (IMD) with mental illness filed a lawsuit under the Supreme Court's decision in Olmstead, the Americans with Disabilities Act and Section 504 of the Rehabilitation Act against various Illinois state officials in the United States ... read more >
On August 15, 2005, residents of an intermediate care facility (IMD) with mental illness filed a lawsuit under the Supreme Court's decision in Olmstead, the Americans with Disabilities Act and Section 504 of the Rehabilitation Act against various Illinois state officials in the United States District Court for the Northern District of Illinois. Plaintiffs, represented by private counsel and legal services, asked the court for declaratory and injunctive relief, claiming that they were needlessly segregated in a restricted institution that failed to provide them with the most integrated setting appropriate for their needs.

Plaintiffs had histories of mental illness and were residents of Monroe Pavilion Health and Treatment Center, an intermediate care facility (IMD). Plaintiffs argued that many IMD residents could be served in a more community-integrated setting, but that the state had insufficient policies and procedures in place to help residents transition out of an institutional setting. Further, Plaintiffs alleged that there were long waiting periods for admission to supporting housing programs, requiring many individuals to be inappropriately institutionalized or face homelessness.

On November 13, 2006, the Court (Judge William T. Hart) certified a class to consist of Illinois residents who: (1) have a mental illness; (2) are institutionalized in a privately-owned institution for mental diseases; and (3) may be able to live in an integrated community setting with appropriate supports and services. Williams v. Blagojevich, 2006 WL 3332844 (N.D. Ill. Nov. 13, 2006).

On January 2, 2008, the Court granted in part and denied in part Defendants' motion to quash and/or modify subpoenas. Williams v. Blagojevich, 2008 WL 68680 (N.D. Ill. Jan. 2, 2008).

The parties submitted a joint status report on February 18, 2010, stating that they had reached a settlement "in principle."

The Court preliminarily found that the modified proposed consent decree was within the appropriate range of fairness, adequacy, and reasonableness, on May 27, 2010.

On July 27, 2010, the Court issued an opinion and order. The Court held that class notice had contained misleading statements and that attorneys for objecting plaintiffs would not initiate contact with additional class members. Williams v. Quinn, 2010 WL 3021576 (N.D. Ill. Jul. 27, 2010).

The Court issued a consent decree on September 29, 2010. The purpose of the consent decree was to assure that Defendants provide Plaintiffs with the opportunity to receive services in the most integrated setting appropriate. Among other requirements, the decree called for Defendants to: implement measures to provide community-based services; provide independent, professionally appropriate evaluations for each class member in order to determine appropriate community-based services; develop services plans based on the results of those evaluations; ensure that class members receive complete and accurate information regarding their rights; and, create an implementation plan to accomplish the obligations in the decree. The decree also provided that Defendants would pay $1,990,000 to class counsel in fees and any additional costs and expenses.

On the same day, the Court issued an order granting final approval of the settlement agreement and retaining jurisdiction to enforce the terms of the consent decree. Williams v. Quinn, 2010 WL 3894350 (N.D. Ill. Sept. 29, 2010).

After the parties submitted their own recommendations regarding a monitor, the Court issued an agreed order appointing Dennis Jones to serve as monitor on November 1, 2010. The case was closed, and there has been no further litigation.

Haley Waller - 02/20/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Plaintiff Type
Private Plaintiff
Causes of Action Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Director of the Division of Mental Health of Illinois Department of Human Services
Director of the Illinois Department of Healthcare and Family Services
Director of the Illinois Department of Public Health
Governor of the State of Illinois
Secretary of the Illinois Department of Human Services
Plaintiff Description Individuals with mental illness who were residents of an intermediate care nursing home
Indexed Lawyer Organizations Bazelon Center
Legal Services/Legal Aid
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 not on record
Case Closing Year 2010
Case Ongoing No
Docket(s)
1:05-cv-04673 (N.D. Ill.) 01/28/2011
PB-IL-0005-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Relief 08/15/2005
PB-IL-0005-0018.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MOTION FOR CERTIFICATION OF CLASS 04/26/2006
PB-IL-0005-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint for Relief 04/26/2006
PB-IL-0005-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANTS’ ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT 06/07/2006
PB-IL-0005-0012.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM IN SUPPORT OF DEFENDANT’S RESPONSE TO MOTION FOR CERTIFICATION OF CLASS 07/28/2006
PB-IL-0005-0014.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANT’S RESPONSE TO MOTION FOR CERTIFICATION OF CLASS 07/28/2006
PB-IL-0005-0015.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFFS’ REPLY MEMORANDUM IN FURTHER SUPPORT OF MOTION FOR CERTIFICATION OF CLASS 08/18/2006
PB-IL-0005-0020.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order 11/13/2006 (2006 WL 3332844) (N.D. Ill.)
PB-IL-0005-0028.pdf | WESTLAW | Detail
Document Source: Westlaw
Order 04/05/2007 (N.D. Ill.)
PB-IL-0005-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
OPINION AND ORDER 01/02/2008 (2008 WL 68680) (N.D. Ill.)
PB-IL-0005-0001.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Report of R. Gregory Kipper 08/01/2008
PB-IL-0005-0016.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Response to Reports Prepared by (1) J.K. Tebes, P.T. Amble and M.V. Baranoski and (2) E. Jones 08/18/2008
PB-IL-0005-0021.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
EVALUATION OF THE RESIDENTS OF ILLINOIS INSTITUTIONS FOR MENTAL DISEASE (IMDs) 09/08/2008
PB-IL-0005-0024.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
JOINT STATUS REPORT 02/18/2010
PB-IL-0005-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM IN SUPPORT OF JOINT MOTION FOR PRELIMINARY APPROVAL OF CONSENT DECREE AND APPROVAL OF NOTICE PLAN 03/15/2010
PB-IL-0005-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Proposed Consent Decree 03/15/2010
PB-IL-0005-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
CLASS MEMBERS’ COMBINED RESPONSE TO THE PARTIES’ JOINT MOTION FOR PRELIMINARY APPROVAL OF CONSENT DECREE AND REQUEST FOR HEARING 03/26/2010
PB-IL-0005-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint for Relief 03/31/2010
PB-IL-0005-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFFS’ REPLY IN SUPPORT OF JOINT MOTION FOR PRELIMINARY APPROVAL OF CONSENT DECREE AND APPROVAL OF NOTICE PLAN 04/29/2010
PB-IL-0005-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 05/27/2010 (N.D. Ill.)
PB-IL-0005-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion and Order 07/27/2010 (2010 WL 3021576) (N.D. Ill.)
PB-IL-0005-0013.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
CERTAIN IMDs' OBJECTIONS TO PROPOSED SETTLEMENT AND CONSENT DECREE 08/10/2010
PB-IL-0005-0017.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM IN SUPPORT OF OBJECTIONS TO PROPOSED CONSENT DECREE BY ABSENT CLASS MEMBERS AND FAMILY MEMBERS 08/17/2010
PB-IL-0005-0019.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANTS’ RESPONSE TO OBJECTIONS TO PROPOSED CONSENT DECREE 08/24/2010
PB-IL-0005-0022.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFFS’ SUPPLEMENTAL MEMORANDUM IN SUPPORT OF APPROVAL OF CONSENT DECREE AND RESPONSE TO OBJECTIONS 08/27/2010
PB-IL-0005-0023.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 09/29/2010
PB-IL-0005-0025.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion and Order 09/29/2010 (748 F.Supp.2d 892) (N.D. Ill.)
PB-IL-0005-0026.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
AGREED ORDER APPOINTING MONITOR 11/01/2010 (N.D. Ill.)
PB-IL-0005-0027.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
AMENDED JUDGMENT IN A CIVIL CASE 11/01/2010 (N.D. Ill.)
PB-IL-0005-0029.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Hart, William Thomas (N.D. Ill.)
PB-IL-0005-0001 | PB-IL-0005-0007 | PB-IL-0005-0011 | PB-IL-0005-0013 | PB-IL-0005-0025 | PB-IL-0005-0026 | PB-IL-0005-0027 | PB-IL-0005-0028 | PB-IL-0005-9000
Monitors/Masters None on record
Plaintiff's Lawyers Choslovsky, William (Illinois)
PB-IL-0005-0019 | PB-IL-0005-9000
Marston, Angela D. (Illinois)
PB-IL-0005-0003 | PB-IL-0005-0006 | PB-IL-0005-0010 | PB-IL-0005-9000
Neiman, Robert K. (Illinois)
PB-IL-0005-0017 | PB-IL-0005-9000
Newman, Tonya G. (Illinois)
PB-IL-0005-0005 | PB-IL-0005-9000
Russell, Joseph M. (Illinois)
PB-IL-0005-0008 | PB-IL-0005-0009 | PB-IL-0005-0018 | PB-IL-0005-0020 | PB-IL-0005-9000
Werner, Patricia A. (Illinois)
PB-IL-0005-9000
Wolf, Benjamin S. (Illinois)
PB-IL-0005-0002 | PB-IL-0005-0023 | PB-IL-0005-9000
Defendant's Lawyers Ioppolo, Thomas A. (Illinois)
PB-IL-0005-0012 | PB-IL-0005-9000
Koenig, Ray J. III (Illinois)
PB-IL-0005-0014 | PB-IL-0005-0015 | PB-IL-0005-9000
Madigan, Lisa (Illinois)
PB-IL-0005-0012 | PB-IL-0005-0022 | PB-IL-0005-9000
Stratton, Brent Douglas (Illinois)
PB-IL-0005-0002 | PB-IL-0005-0003 | PB-IL-0005-0022 | PB-IL-0005-9000
Other Lawyers None on record

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