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Case Name Duc Van Le v. Ibarra PB-CO-0002
Docket / Court 88-cv-022641 ( State Court )
State/Territory Colorado
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Case Summary
In 1988, a representative plaintiff filed a lawsuit against the Colorado Department of Social Services in the District Court of the City and County of Denver. The lawsuit was filed under (1) Title XIX of the Social Security Act, 42 U.S.C §1396; (2) the Equal Protection and Due Process Clauses of ... read more >
In 1988, a representative plaintiff filed a lawsuit against the Colorado Department of Social Services in the District Court of the City and County of Denver. The lawsuit was filed under (1) Title XIX of the Social Security Act, 42 U.S.C §1396; (2) the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the U.S. Constitution; and (3) § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (1988). The plaintiff alleged that the defendant granted home and community based services (HCBS) to the elderly, blind, physically disabled, and developmentally disabled but not to the mentally ill solely on the basis of their mental illness. The plaintiff sought an injunction, requiring the defendant to provide the HCBS benefits.

The trial court (Judge Edward E. Carelli) granted the plaintiff's motion for class certification and certified a class of all low income, mentally ill Colorado residents who qualify for skilled or intermediate care under Title XIX of the Social Security Act but who have been deprived of HCBS solely on the basis of their mental illness.

On August 23, 1990, the trial court held for the plaintiffs. The court found that the defendants had failed to provide the plaintiffs with the same HCBS program that was provided to elderly, blind, and physically-disabled persons. The court held that this failure did indeed violate the plaintiffs' rights under the federal and state Medicaid Acts, Section 504 of the Rehabilitation Act of 1973, and the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the U.S. Constitution. The trial court subsequently entered an injunctive order requiring the defendants to provide HCBS benefits to the plaintiffs.

The defendants appealed the judgment to the Colorado court of appeals, although the Colorado supreme court granted the plaintiffs' writ of certiorari to the court of appeals. On April 20, 1992, the Colorado supreme court reversed the judgment of the trial court. However, the supreme court order was subsequently withdrawn upon a grant of rehearing. Then, on December 14, 1992, the judgment of the Colorado district court was affirmed by operation of law because the Colorado Supreme Court was equally divided.

The state petitioned the U.S. Supreme Court for writ of certiorari, but the U.S. Supreme Court denied the petition on January 24, 1994. The case is now closed.

Jordan Rossen - 02/07/2011


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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
Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Defendant(s) Colorado Department of Social Services
Plaintiff Description Low income mentally ill residents of Colorado who qualify for skilled or intermediate care under Title XIX of the Social Security Act but who have been deprived of home and community based services solely on the basis of their mental illness
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1992 - n/a
Case Closing Year 1994
Case Ongoing No
Docket(s)
No docket sheet currently in the collection
General Documents
Plaintiffs' Petition of the Colorado Supreme Court for Certiorari to Colorado Court of Appeals Before Judgment 03/21/1991 (1991 WL 11257337)
PB-CO-0002-0001.pdf | WESTLAW | Detail
Document Source: Westlaw
Reply Brief of Defendant-Respondent 07/05/1991 (1991 WL 11034408)
PB-CO-0002-0002.pdf | WESTLAW | Detail
Document Source: Westlaw
Opinion and Order Reversing the Trial Court Judgment 04/20/1992 (1992 WL 77908)
PB-CO-0002-0008.pdf | WESTLAW | Detail
Document Source: Westlaw
Plaintiff-Petitioner's Supplemental Brief 07/01/1992 (1992 WL 12037094)
PB-CO-0002-0003.pdf | WESTLAW | Detail
Document Source: Westlaw
Brief of Colorado Psychiatric Society As Amicus Curiae in Support of Petitioner Duc Van Le 07/07/1992 (1992 WL 12037091)
PB-CO-0002-0004.pdf | WESTLAW | Detail
Document Source: Westlaw
Order Affirming the Judgment of the Trial Court 12/14/1992 (843 P.2d 15)
PB-CO-0002-0007.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Defendant-Respondent's Petition for Rehearing 12/28/1992 (1992 WL 12044268)
PB-CO-0002-0005.pdf | WESTLAW | Detail
Document Source: Westlaw
Defendant's Petition for Writ of Certiorari 04/12/1993 (1993 WL 13076761)
PB-CO-0002-0006.pdf | WESTLAW | Detail
Document Source: Westlaw
Order Denying Defendant's Petition for Writ of Certiorari to the Supreme Court of Colorado 01/24/1994 (510 U.S. 1085)
PB-CO-0002-0009.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Judges Erickson, William H. (State Supreme Court)
PB-CO-0002-0007 | PB-CO-0002-0008
Kirshbaum, Howard M. (State Supreme Court)
PB-CO-0002-0007
Lohr, George E. (State Supreme Court)
PB-CO-0002-0007 | PB-CO-0002-0008
Mullarkey, Mary J. (State Supreme Court)
PB-CO-0002-0007
Quinn, Joseph R. (State Supreme Court)
PB-CO-0002-0007 | PB-CO-0002-0008
Rovira, Luis D. (State Supreme Court)
PB-CO-0002-0007
Monitors/Masters None on record
Plaintiff's Lawyers Dubofsky, Jean E. (Colorado)
PB-CO-0002-0003
Holland, John Robert (Colorado)
PB-CO-0002-0001 | PB-CO-0002-0003
Mullen, Kathleen (Colorado)
PB-CO-0002-0001 | PB-CO-0002-0003
Defendant's Lawyers Farley, Paul (Colorado)
PB-CO-0002-0002 | PB-CO-0002-0005 | PB-CO-0002-0006
Livingston, Wade (Colorado)
PB-CO-0002-0002 | PB-CO-0002-0005 | PB-CO-0002-0006
Norton, Gale A. (Colorado)
PB-CO-0002-0002 | PB-CO-0002-0005 | PB-CO-0002-0006
Slaughter, Raymond T. (Colorado)
PB-CO-0002-0002 | PB-CO-0002-0005 | PB-CO-0002-0006
Tymkovich, Timothy M. (Colorado)
PB-CO-0002-0002 | PB-CO-0002-0005 | PB-CO-0002-0006
Worthington, Stacy L. (Colorado)
PB-CO-0002-0005 | PB-CO-0002-0006
Other Lawyers Hennessey, Richard F. (Colorado)
PB-CO-0002-0004
Martinez, William Joseph (Colorado)
PB-CO-0002-0004

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