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Case Name Colbert v. Blagojevich PB-IL-0006
Docket / Court 1:07-cv-04737 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization Legal Services/Legal Aid
NDRN/Protection & Advocacy Organizations
Case Summary
On August 22, 2007, individuals with disabilities filed a lawsuit under the Americans with Disabilities Act (ADA), the Social Security Act, the Rehabilitation Act, and the Nursing Care Reform Act, against various Illinois state officials in the United States District Court for the Northern District ... read more >
On August 22, 2007, individuals with disabilities filed a lawsuit under the Americans with Disabilities Act (ADA), the Social Security Act, the Rehabilitation Act, and the Nursing Care Reform Act, against various Illinois state officials in the United States District Court for the Northern District of Illinois. Plaintiffs, represented by private and public interest counsel, asked the court for declaratory and injunctive relief, claiming that they were institutionalized in a nursing facility even though they were capable of living in a more community-integrated setting with appropriate services. Plaintiffs claimed that Defendants conditioned receipt of long-term care on remaining in an institutionalized setting, even though it would be less expensive for Plaintiffs to receive appropriate care in the community.

The Court (Judge Joan H. Lefkow) certified a class as: "all Medicaid-eligible adults with disabilities in Cook County, Illinois, who are being, or may in the future be, unnecessarily confined to nursing facilities and who, with appropriate supports and services, may be able to live in a community setting." 71 Fed.R.Serv.3d 1089.

At a status hearing on January 7, 2011, the parties advised Magistrate Judge Maria Valdez that they could conclude settlement discussions without further assistance from the court.

On Aug. 29, 2011, the parties jointly moved for the court to approve the consent decree they had agreed upon. The court held a fairness hearing on Dec. 20, 2011, and ultimately accepted the decree.

The consent decree established benchmarks for moving specific numbers of class members out of nursing facilities and into community-based settings. Over the course of the first two-and-a-half years, the decree compelled the state to move 1,100 class members into the community. It also required the state to provide up to $10 million in housing assistance to support the first group of transitioned adults. The decree also compelled the state to develop services needed to adequately support class members who choose to live in the community. It established a monitor to ensure compliance with the decree, and granted $1.2 million in attorneys' fees.

Haley Waller - 02/21/2011
Andrew Junker - 10/23/2014


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Content of Injunction
Monitor/Master
Monitoring
Reasonable Accommodation
Disability
disability, unspecified
Integrated setting
Discrimination-area
Accommodation / Leave
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Habilitation (training/treatment)
Housing
Payment for care
Reasonable Accommodations
Rehabilitation
Medical/Mental Health
Medical care, general
Medical care, unspecified
Plaintiff Type
Private Plaintiff
Type of Facility
Non-government for profit
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.
Defendant(s) Director of the Illinois Deparment of Public Health
Director of the Illinois Department of Healthcare and Family Services
Governor of the State of Illinois
Secretary of the Illinois Department of Human Services
Plaintiff Description All Medicaid-eligible adults with disabilities in Cook County, Illinois, who are being, or may in the future be, unnecessarily confined to nursing facilities and who, with appropriate supports and services, may be able to live in a community setting
Indexed Lawyer Organizations 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 2011 - n/a
Case Closing Year 2012
Case Ongoing Yes
Additional Resources
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Case Studies Insurer Must Pay $100.5 Million in Redlining Case
The New York Times
Written: Oct. 27, 1998
By: Joseph B. Treaster
[ Detail ] [ External Link ]

  Nationwide Settles Virginia Redlining Suit
Property Casualty 360
Written: May. 06, 2000
By: Amanda Levin
[ Detail ] [ External Link ]

Docket(s)
1:07-cv-04737 (N.D. Ill.) 08/20/2014
PB-IL-0006-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
COMPLAINT 08/22/2007
PB-IL-0006-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM IN SUPPORT OF PLAINTIFFS’ MOTION TO MAINTAIN A CLASS ACTION 08/30/2007
PB-IL-0006-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANTS’ JOINT MEMORANDUM IN OPPOSITION TO PLAINTIFFS’ MOTION TO MAINTAIN A CLASS ACTION 04/14/2008
PB-IL-0006-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFFS’ REPLY MEMORANDUM IN SUPPORT OF MOTION TO MAINTAIN A CLASS ACTION 04/28/2008
PB-IL-0006-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM OPINION AND ORDER 09/29/2008 (71 Fed.R.Serv.3d 1089) (N.D. Ill.)
PB-IL-0006-0007.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
FIRST AMENDED COMPLAINT 09/29/2009
PB-IL-0006-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
JOINT STATUS REPORT 06/07/2010
PB-IL-0006-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 08/29/2011
PB-IL-0006-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [approving consent decree and consent decree] 12/21/2011 (N.D. Ill.)
PB-IL-0006-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Lefkow, Joan Humphrey (N.D. Ill.) [Magistrate]
PB-IL-0006-0007 | PB-IL-0006-0010 | PB-IL-0006-9000
Monitors/Masters None on record
Plaintiff's Lawyers Borowicz, Kim (Illinois)
PB-IL-0006-0008 | PB-IL-0006-9000
Fahey, Halli Joan (Illinois)
PB-IL-0006-9000
Lapertosa, Max (Pennsylvania)
PB-IL-0006-0002 | PB-IL-0006-0006 | PB-IL-0006-9000
Libowsky, Stephen D. (Illinois)
PB-IL-0006-0004 | PB-IL-0006-0009 | PB-IL-0006-9000
Mullen, Edward B. III (Illinois)
PB-IL-0006-0004 | PB-IL-0006-9000
Werner, Patricia A. (Illinois)
PB-IL-0006-9000
Zollner, Daniel J. (Illinois)
PB-IL-0006-0005 | PB-IL-0006-9000
Defendant's Lawyers Dryjanski, Andrew L. (Illinois)
PB-IL-0006-0001 | PB-IL-0006-0004 | PB-IL-0006-9000
Koenig, Ray J. III (Illinois)
PB-IL-0006-0001 | PB-IL-0006-9000
Konieczny, Karen (Illinois)
PB-IL-0006-0001 | PB-IL-0006-0004 | PB-IL-0006-9000
Madigan, Lisa (Illinois)
PB-IL-0006-0001 | PB-IL-0006-9000
Other Lawyers None on record

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