University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Makin v. State of Hawaii PB-HI-0001
Docket / Court 1:98-cv-00997 ( D. Haw. )
State/Territory Hawaii
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Case Summary
On December 21, 1998, a group of developmentally disabled people filed a lawsuit against the State of Hawaii under the Americans with Disabiliites Act, Section 504 of the Rehabilitation Act of 1973, 42 U.S.C. § 1983, and 42 U.S.C. § 1396 in the U.S. District Court for the District of Hawaii. The ... read more >
On December 21, 1998, a group of developmentally disabled people filed a lawsuit against the State of Hawaii under the Americans with Disabiliites Act, Section 504 of the Rehabilitation Act of 1973, 42 U.S.C. § 1983, and 42 U.S.C. § 1396 in the U.S. District Court for the District of Hawaii. The plaintiffs, represented by public services counsel, asked the Court for injunctive and declaratory relief, alleging that defendants violated the above-mentioned law by denying them Home and Community Based Services ("HCBS"), and using HCBS funds to fund institutional placement.

On September 13, 1999, the Court (Judge David A. Ezra) granted plaintiffs' motion for class certification.

On November 26, 1999, the Court (Judge Ezra) denied the plaintiffs' motion for summary judgment, and granted defendants' motion for summary judgment in part.

On April 28, 2000, the parties reached a settlement agreement. On August 15, 2000, the Court (Judge Ezra) approved the settlement.

On September 04, 20001, the case was dismissed.

Kunyi Zhang - 02/17/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) State of Hawaii
Plaintiff Description A group of developmentally disabled people living at home who were on a wait list for services from Hawaii's Medicaid Home and Community Based Services for the Developmentally Disabled or Mentally Retarded Program
Indexed Lawyer Organizations None on record
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 2001
Case Ongoing No
Docket(s)
1:98-cv-00997 (D. Haw.) 04/01/2003
PB-HI-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
District Court Opinion 11/26/1999 (114 F.Supp.2d 1017) (D. Haw.)
PB-HI-0001-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Chang, Kevin S.C. (D. Haw.) [Magistrate]
PB-HI-0001-9000
Ezra, David Alan (D. Haw.)
PB-HI-0001-0001 | PB-HI-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bassett, Matthew C. (Hawaii)
PB-HI-0001-9000
Ostendorp, Michael G.M. (Hawaii)
PB-HI-0001-9000
Toomey, Rory S. (Hawaii)
PB-HI-0001-9000
Defendant's Lawyers Lau, Laurence K. (Hawaii)
PB-HI-0001-9000
Young, Marlene Q.F. (Hawaii)
PB-HI-0001-9000
Other Lawyers None on record

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