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Case Name Rolland v. Romney PB-MA-0002
Docket / Court 3:98-cv-30208 ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization GLAD
NDRN/Protection & Advocacy Organizations
Case Summary
On October 29, 1998 seven developmentally disabled individuals living in private nursing homes and two advocacy organizations filed suit against Massachusetts and six state agencies in the United States District Court for the District of Massachusetts. They alleged that the defendants were ... read more >
On October 29, 1998 seven developmentally disabled individuals living in private nursing homes and two advocacy organizations filed suit against Massachusetts and six state agencies in the United States District Court for the District of Massachusetts. They alleged that the defendants were warehousing patients eligible for community based treatment in nursing care facilities in violation of Americans with Disabilities Act, the Medicaid Act, and the Nursing Home Reform Amendments. They sought declaratory and injunctive relief.

On February 2, 1999 the district court (Magistrate Judge Kenneth P. Neiman) certified a class consisting of developmentally disabled individuals in Massachusetts who resided in nursing facilities or were or should have been screened for nursing facilities. On June 4, 1999 the district court (Magistrate Judge Neiman) denied the defendants' motion to dismiss.

The parties reached a settlement that the court (Magistrate Judge Neiman) approved on January 10, 2000. The agreement established a presumption in favor of community based treatment and required the defendants to evaluate class members who desired such care and place them in it when appropriate and possible. It further provided that the defendants would provide appropriate specialized services to class members as determined by PASARR screening. Finally it established required numbers of community based transfers and diversions from nursing care.

Disputes arose regarding the implementation of the settlement agreement and on March 27, 2001 the district court (Magistrate Judge Neiman) found that the defendants were non-compliant with the provisions of the agreement regarding specialized services and on May 3, 2002 the court ordered additional injunctive relief designed to increase the rate at which specialized services were provided. The defendants appealed but on January 28, 2003 the First Circuit Court of Appeals (Judges Selya, Coffin, and Bownes) affirmed the district court. Further relief was sought and granted several times until the defendants came into compliance in late 2003.

In 2006 a dispute arose over the defendants' compliance with the diversion portion of the settlement but on January 16, 2007 the district court (Magistrate Judge Neiman) ruled for the defendants. On April 10, 2007 the district court (Magistrate Judge Neiman) found that the defendants were again in non-compliance in regards to specialized services and ordered further injunctive relief and on August 2, 2007 issued an order modifying the active treatment standards.

The parties negotiated a settlement regarding the treatment standards the defendants had trouble meeting and agreed to reduce the burdens on the defendants to meet those standards so that they could focus more on placements in community care facilities. The court (Magistrate Judge Neiman) approved this modified settlement over objections by some class members on May 22, 2008. These objectors appealed, but on January 19, 2010 the First Circuit Court of Appeals (Judges Lynch, Selya, and Stahl) affirmed the district court. These objectors also sought to decertify the class, but this motion was denied by the court (Magistrate Judge Neiman) on August 19, 2008. Final judgment with regards to the objections to the revised settlement agreement was entered on November 20, 2009 and the case was terminated on March 31, 2010.

Michael Perry - 02/18/2011


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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) Department of Mental Retardation
Department of Public Health
Division of Medical Assistance
Massachusetts Executive Office of Administration and Finance
Massachusetts Executive Office of Health and Human Services
Massachusetts Rehabilitation Commission
State of Massachusetts
Plaintiff Description Seven developmentally disabled individuals living in private nursing homes and two advocacy organizations.
Indexed Lawyer Organizations GLAD
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)
02-1697 (U.S. Court of Appeals) 02/14/2007
PB-MA-0002-9001 PDF | Detail
PACER [Public Access to Court Electronic Records]
08-1874 (U.S. Court of Appeals) 11/18/2010
PB-MA-0002-9002 PDF | Detail
PACER [Public Access to Court Electronic Records]
3:98-cv-30208 (D. Mass.) 01/13/2011
PB-MA-0002-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
MEMORANDUM REGARDING DEFENDANTS' MOTION TO DISMISS and DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' AMENDED COMPLAINT 06/04/1999 (52 F.Supp.2d 231) (D. Mass.)
PB-MA-0002-0001 PDF | WESTLAW| LEXIS | External Link | Detail
MEMORANDUM WITH REGARD TO APPROVAL OF SETTLEMENT AGREEMENT 01/10/2000 (191 F.R.D. 3) (D. Mass.)
PB-MA-0002-0010 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
MEMORANDUM AND ORDER WITH REGARD TO PLAINTIFFS' MOTION FOR FURTHER RELIEF CONCERNING SPECIALIZED SERVICES 03/27/2001 (138 F.Supp.2d 110) (D. Mass.)
PB-MA-0002-0002 PDF | WESTLAW| LEXIS | External Link | Detail
MEMORANDUM AND ORDER WITH REGARD TO PLAINTIFFS' AMENDED MOTION FOR FURTHER RELIEF CONCERNING SPECIALIZED SERVICES 05/03/2002 (198 F.Supp.2d 25) (D. Mass.)
PB-MA-0002-0003 PDF | WESTLAW| LEXIS | External Link | Detail
MEMORANDUM AND ORDER WITH REGARD TO PLAINTIFFS' OPPOSITION TO DEFENDANTS' ACTIVE TREATMENT POLICY AND CERTIFICATION REPORT ON COMPLIANCE WITH MAY 3, 2002, ORDER 08/14/2002 (D. Mass.)
PB-MA-0002-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion (Affirming the District Court) 01/28/2003 (318 F.3d 42)
PB-MA-0002-0005 PDF | WESTLAW| LEXIS | External Link | Detail
Document Source: U.S. Court of Appeals website
MEMORANDUM AND ORDER WITH REGARD TO PLAINTIFFS' MOTION FOR SHOW CAUSE AND FOR FURTHER INJUNCTIVE RELIEF 07/23/2003 (273 F.Supp.2d 140) (D. Mass.)
PB-MA-0002-0006 PDF | WESTLAW| LEXIS | External Link | Detail
MEMORANDUM AND ORDER WITH REGARD TO PLAINTIFFS' MOTION FOR A FINDING OF NONCOMPLIANCE WITH THE DIVERSION PROVISIONS OF THE SETTLEMENT AGREEMENT, TO LIFT THE STAY, AND FOR FURTHER RELIEF 01/16/2007 (2007 WL 184626 / 2007 U.S.Dist.LEXIS 4631) (D. Mass.)
PB-MA-0002-0011 PDF | WESTLAW| LEXIS | Detail
Document Source: LexisNexis
MEMORANDUM AND ORDER WITH REGARD TO PLAINTIFFS' MOTION FOR NONCOMPLIANCE AND FURTHER RELIEF 04/10/2007 (483 F.Supp.2d 107) (D. Mass.)
PB-MA-0002-0007 PDF | WESTLAW| LEXIS | External Link | Detail
ORDER APPROVING REVISED ACTIVE TREATMENT STANDARDS 08/02/2007 (2007 U.S.Dist.LEXIS 99028) (D. Mass.)
PB-MA-0002-0013 PDF | LEXIS | Detail
Document Source: LexisNexis
MEMORANDUM AND ORDER WITH REGARD TO THE PARTIES' JOINT MOTION TO APPROVE SETTLEMENT AGREEMENT ON ACTIVE TREATMENT 06/16/2008 (562 F.Supp.2d 176) (D. Mass.)
PB-MA-0002-0008 PDF | WESTLAW| LEXIS | External Link | Detail
MEMORANDUM AND ORDER WITH REGARD TO THE GROTON PARENTS' MOTION TO DECERTIFY THE CLASS 08/19/2008 (2008 WL 4104488 / 2008 U.S.Dist.LEXIS 66477) (D. Mass.)
PB-MA-0002-0012 PDF | WESTLAW| LEXIS | Detail
Document Source: LexisNexis
Memorandum Opinion and Order (Entering Final Judgment) 11/20/2009 (2009 U.S.Dist.LEXIS 123478) (D. Mass.)
PB-MA-0002-0014 PDF | LEXIS | Detail
Document Source: LexisNexis
Opinion (Affirming the District Court) 01/19/2010 (592 F.3d 242)
PB-MA-0002-0009 PDF | WESTLAW| LEXIS | External Link | Detail
Document Source: U.S. Court of Appeals website
Judges Bownes, Hugh Henry (D.N.H., First Circuit)
PB-MA-0002-0005
Coffin, Frank Morey (First Circuit)
PB-MA-0002-0005
Lynch, Sandra Lea (First Circuit)
PB-MA-0002-0009
Neiman, Kenneth P. (D. Mass.) [Magistrate]
PB-MA-0002-0001 | PB-MA-0002-0002 | PB-MA-0002-0003 | PB-MA-0002-0004 | PB-MA-0002-0006 | PB-MA-0002-0007 | PB-MA-0002-0008 | PB-MA-0002-0010 | PB-MA-0002-0011 | PB-MA-0002-0012 | PB-MA-0002-0013 | PB-MA-0002-0014 | PB-MA-0002-9000 | PB-MA-0002-9001
Selya, Bruce Marshall (First Circuit, D.R.I., FISCR)
PB-MA-0002-0005 | PB-MA-0002-0009
Stahl, Norman H. (D.N.H., First Circuit)
PB-MA-0002-0009
Monitors/Masters None on record
Plaintiff's Lawyers Belin, Richard D. (Massachusetts)
PB-MA-0002-9000 | PB-MA-0002-9001
Costanzo, Cathy E. (Massachusetts)
PB-MA-0002-9000 | PB-MA-0002-9001 | PB-MA-0002-9002
Engel, Matthew (Massachusetts)
PB-MA-0002-9000 | PB-MA-0002-9001 | PB-MA-0002-9002
Eshghi, Nima R (Massachusetts)
PB-MA-0002-9000 | PB-MA-0002-9001
Fiotto, Anthony S. (Massachusetts)
PB-MA-0002-9002
Follett, Jeffrey S. (Massachusetts)
PB-MA-0002-9000 | PB-MA-0002-9002
Gonnam, Michelle R. (Massachusetts)
PB-MA-0002-9002
Griffin, Christine M. (Massachusetts)
PB-MA-0002-9000 | PB-MA-0002-9001
Hatrick, Kristi (Massachusetts)
PB-MA-0002-9001
Highsmith, Christiaan H. (Massachusetts)
PB-MA-0002-9002
Laski, Frank J. (Pennsylvania)
PB-MA-0002-9000 | PB-MA-0002-9001 | PB-MA-0002-9002
Schwartz, Steven J. (Massachusetts)
PB-MA-0002-9000 | PB-MA-0002-9001 | PB-MA-0002-9002
Sheehy, Stephen M. (Massachusetts)
PB-MA-0002-9000 | PB-MA-0002-9002
Siebrecht, Stacie B (Massachusetts)
PB-MA-0002-9000 | PB-MA-0002-9001
Wicker, Catherine H (Massachusetts)
PB-MA-0002-9000
York, Thomas B. (Pennsylvania)
PB-MA-0002-9000 | PB-MA-0002-9001
Defendant's Lawyers Bodin, Kristi A (Massachusetts)
PB-MA-0002-9000
Gale, Rosemary (Massachusetts)
PB-MA-0002-9000
Guberman, David A (Massachusetts)
PB-MA-0002-9000 | PB-MA-0002-9002
Porter, William W (Massachusetts)
PB-MA-0002-9000 | PB-MA-0002-9002
Roney, Deirdre (Massachusetts)
PB-MA-0002-9000
Salinger, Kenneth (Massachusetts)
PB-MA-0002-9000 | PB-MA-0002-9002
Sinkel, Ginny (Massachusetts)
PB-MA-0002-9000 | PB-MA-0002-9001
Wechsler, Peter T. (Massachusetts)
PB-MA-0002-9000 | PB-MA-0002-9001
Williams, H. Gregory (Massachusetts)
PB-MA-0002-9000 | PB-MA-0002-9001
Yogman, Judith (Massachusetts)
PB-MA-0002-9000 | PB-MA-0002-9001
Other Lawyers Andelman, Ethan B. (California)
PB-MA-0002-9001
Breslauer, James E (Massachusetts)
PB-MA-0002-9000 | PB-MA-0002-9001
De Wolf, Buckmaster (California)
PB-MA-0002-9001
Kassel, Phillip J (Massachusetts)
PB-MA-0002-9000 | PB-MA-0002-9001
Manning, Daniel S. (Massachusetts)
PB-MA-0002-9000 | PB-MA-0002-9001
Rae, J. Paterson (Massachusetts)
PB-MA-0002-9000 | PB-MA-0002-9001
Reinstein, John (Massachusetts)
PB-MA-0002-9000
Rodgers, Allan G (Massachusetts)
PB-MA-0002-9000 | PB-MA-0002-9001

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