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Case Name Birdsong v. Perdue PB-GA-0002
Docket / Court 1:03-cv-00288 ( N.D. Ga. )
State/Territory Georgia
Case Type(s) Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization Steve Gold
Case Summary
On January 31, 2003, a group of disabled individuals who received or were going to receive Medicaid long-term care services in nursing facilities rather than in their own homes filed a lawsuit against the state of Georgia under the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213, § 504 ... read more >
On January 31, 2003, a group of disabled individuals who received or were going to receive Medicaid long-term care services in nursing facilities rather than in their own homes filed a lawsuit against the state of Georgia under the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213, § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794(a), Title XIX of the Social Security Act, 42 U.S.C. § 1396-1396v and the Civil Rights Act of 1871, 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Georgia, Atlanta Division. The plaintiffs, represented by private counsel, asked the Court for declaratory and injunctive relief, alleging that defendants' official practices and policies caused plaintiffs to be unnecessarily segregated in nursing homes. Specifically, the plaintiffs alleged that defendants did not offer appropriate services to plaintiffs in their homes and communities but continue to provide plaintiffs with services only in nursing homes, and that among states with waiver programs, Georgia ranked close to the bottom in the percentage of Medicaid participants being served in community-based programs rather than in institutions.

On August 20, 2004, the plaintiffs moved for class certification. However, on March 21, 2005, the Court (Judge Julie E. Carnes) denied the motion in the light of the settlement negotiations going on between the parties.

According to the website of the plaintiffs' attorney, on June 28, 2006, the parties reached a settlement, whereby Georgia would reduce waiting lists for community-based services and allocate $4.3 million to accommodate 1,000 people in those programs over the next year.

Kunyi Zhang - 02/15/2011


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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
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) State of Georgia, Department of Community Health
Plaintiff Description A group of people with physical disabilities who received or were seeking to receive Medicaid long-term care services in nursing facilities rather than in their own homes.
Indexed Lawyer Organizations Steve Gold
Class action status sought Yes
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 2006
Case Ongoing No
Docket(s)
1:03−cv−00288 (N.D. Ga.) 06/27/2006
PB-GA-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 01/31/2003
PB-GA-0002-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion for Class Certification 08/20/2004
PB-GA-0002-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Intervenors' Complaint 01/05/2005
PB-GA-0002-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 03/21/2005 (N.D. Ga.)
PB-GA-0002-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation of Dismissal with Prejudice 06/26/2006
PB-GA-0002-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Carnes, Julie E. (Eleventh Circuit, N.D. Ga.)
PB-GA-0002-0004 | PB-GA-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Almon, Sam (Georgia)
PB-GA-0002-0003
Goico, Susan Walker (Georgia)
PB-GA-0002-0001 | PB-GA-0002-0002 | PB-GA-0002-0003 | PB-GA-0002-9000
Gold, Stephen F. (Pennsylvania)
PB-GA-0002-9000
Harrington, Sarah E. (District of Columbia)
PB-GA-0002-9000
Lester, Charles Jr. (Georgia)
PB-GA-0002-0001 | PB-GA-0002-0002 | PB-GA-0002-0003 | PB-GA-0002-0005 | PB-GA-0002-9000
Moore, Leighton (Georgia)
PB-GA-0002-0002 | PB-GA-0002-9000
O'Brien, Judith (Georgia)
PB-GA-0002-0001 | PB-GA-0002-0002 | PB-GA-0002-0003 | PB-GA-0002-9000
Powell, Robert David (Georgia)
PB-GA-0002-9000
Roseborough, Teresa Wynn (Georgia)
PB-GA-0002-0001 | PB-GA-0002-0002 | PB-GA-0002-0003 | PB-GA-0002-9000
White, Joseph A. (Georgia)
PB-GA-0002-0001 | PB-GA-0002-0002 | PB-GA-0002-0003 | PB-GA-0002-9000
Defendant's Lawyers Baker, Thurbert E. (Georgia)
PB-GA-0002-0005
Edenfield, Bruce McCord (Georgia)
PB-GA-0002-9000
Jones, John Custer (Georgia)
PB-GA-0002-0005 | PB-GA-0002-9000
Langford, David E. (Georgia)
PB-GA-0002-9000
Pacious, Kathleen Mary (Georgia)
PB-GA-0002-0005
Other Lawyers None on record

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