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Case Name Grooms v. Maram PB-IL-0007
Docket / Court 1:06-cv-02211 ( 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 April 20, 2006, a severely physically disabled individual requiring hospital-level care filed a lawsuit under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act against various Illinois state officials in the United States District Court for the Northern District ... read more >
On April 20, 2006, a severely physically disabled individual requiring hospital-level care filed a lawsuit under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act against various Illinois state officials in the United States District Court for the Northern District of Illinois. The Plaintiff, represented by Equip for Equality, asked the court for declaratory and injunctive relief requiring the state to provide nursing and home services at the level he received before turning twenty-one years old.

Because he turned twenty-one, Plaintiff's in-home care was funded by the Medically Fragile Technology Dependent Children's (MFTDC) waiver. However, once he turned twenty-one, Plaintiff's care was funded by the PWD waiver, which provided drastically fewer hours of in-home care. Despite this reduction in benefits, Plaintiff has remained at home in the care of his parents. However, Plaintiff's parents are not able to continue to care for him around-the-clock.

The case was originally set for a bench trial in October 2007. However, it became clear after opening statements that the only disputed issue was the applicability of the integration mandate - a pure question of law - so the court ordered summary judgment briefing. Defendant argued that the state was under no obligation to fund hospital-level care for Plaintiff under the PWD waiver. Plaintiff claimed that HFS is indeed obligated to provide adequate funding for home care as long as home care is appropriate and cost-neutral. On May 30, 2008, the Court (Judge Rebecca R. Pallmeyer) denied Defendant Maram's motion for summary judgment. Grooms v. Maram, 563 F.Supp.2d 840 (N.D. Ill. 2008).

The Court issued a permanent injunction order and entered final judgment on June 13, 2008. The injunction provided: (1) Defendant was to restore skilled nursing services provided to Plaintiff to the amount he received before his twenty-first birthday; (2) Plaintiff was awarded attorneys' fees, costs, and litigation expenses; (3) the Court would retain jurisdiction to enforce the order.

The case was closed in 2008, and there has been no further litigation.

Haley Waller - 02/21/2011


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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.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) Director, Illinois Department of Healthcare and Family Services
Plaintiff Description Physically disabled individual living at home requiring hospital-level care.
Indexed Lawyer Organizations Legal Services/Legal Aid
NDRN/Protection & Advocacy Organizations
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2008
Case Ongoing No
Docket(s)
1:06-cv-02211 (N.D. Ill.) 12/08/2008
PB-IL-0007-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
COMPLAINT 04/20/2006
PB-IL-0007-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Expert Witness Report of Todd D. Menenberg 03/19/2007
PB-IL-0007-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANT'S OBJECTIONS TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION 03/27/2007
PB-IL-0007-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Expert Report of Samuel S. Flint, Ph.D. 05/07/2007
PB-IL-0007-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Expert Witness Report 05/29/2007
PB-IL-0007-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM IN SUPPORT OF PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT ON AFFIRMATIVE DEFENSES 05/29/2007
PB-IL-0007-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANTS' EXHIBITS AND SUPPORTING MATERIALS PURSUANT TO LOCAL RULE 56.1(b)(1) IN RESPONSE TO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT 06/20/2007
PB-IL-0007-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANT’S RESPONSE TO PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT 06/20/2007
PB-IL-0007-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFF’S REPLY TO DEFENDANT’S RESPONSE IN OPPOSITION TO PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT 06/29/2007
PB-IL-0007-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM OPINION AND ORDER 05/30/2008 (563 F.Supp.2d 840) (N.D. Ill.)
PB-IL-0007-0012.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
JUDGMENT IN A CIVIL CASE 06/13/2008 (N.D. Ill.)
PB-IL-0007-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PERMANENT INJUNCTION ORDER 06/13/2008 (N.D. Ill.)
PB-IL-0007-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Pallmeyer, Rebecca R. (N.D. Ill.) [Magistrate]
PB-IL-0007-0006 | PB-IL-0007-0012 | PB-IL-0007-9000
Monitors/Masters None on record
Plaintiff's Lawyers Mason, Byron L. (Illinois)
PB-IL-0007-0002 | PB-IL-0007-9000
Ward, Karen I. (Illinois)
PB-IL-0007-0004 | PB-IL-0007-0009 | PB-IL-0007-9000
Defendant's Lawyers Gange, Christopher (Illinois)
PB-IL-0007-0007 | PB-IL-0007-9000
Huston, John E. (Illinois)
PB-IL-0007-0001 | PB-IL-0007-0007 | PB-IL-0007-9000
Konieczny, Karen (Illinois)
PB-IL-0007-0007 | PB-IL-0007-0008 | PB-IL-0007-9000
Madigan, Lisa (Illinois)
PB-IL-0007-0001 | PB-IL-0007-9000
Other Lawyers None on record

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