University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Williams v. Wasserman PB-MD-0002
Docket / Court 1:94-cv-00880 ( D. Md. )
State/Territory Maryland
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization Bazelon Center
NDRN/Protection & Advocacy Organizations
Case Summary
On April 06, 1994, a person with traumatic brain injury brought suit against various Maryland state officials under the Due Process Clause of the United States Constitution, 42 U.S.C. §1983, and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq. in the U.S. District Court for the ... read more >
On April 06, 1994, a person with traumatic brain injury brought suit against various Maryland state officials under the Due Process Clause of the United States Constitution, 42 U.S.C. §1983, and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq. in the U.S. District Court for the District of Maryland. The plaintiff, represented by legal services attorneys, asked the Court for declaratory and injunctive relief, alleging that the state failed to implement the recommendations of treating professionals and/or the parties' experts to provide community-based rather than institutional care.

In February 1995, the plaintiffs agreed to withdraw their motion for Class Certification in light of the defendants' assurance that the state would apply individual relief granted to all other persons similarly situated and in light of the fact that non-party beneficiaries can enforce the Court's order pursuant to F.R.C.P. 71.

Pursuant to an agreement among the parties, discovery was conducted on a group of 12 representative plaintiffs chosen by plaintiffs' counsel and which included nine traumatically brain injured patients and three developmentally disabled patients.

On July 31, 1996, the Court (Judge Catherine C. Blake) the plaintiffs' cross-motions for summary judgment on the grounds that the Court's jurisdiction did not end when the representative plaintiffs were released from state institutions, that issues of material fact existed regarding the ADA claim.

Beginning in September 1996, the Court held a 32-day bench trial which concluded on September 15, 1997. Afterwards, both parties submitted post-trial memoranda regarding the impact of the Supreme Court's decision in Olmstead v. L.C..

On September 27, 2001, the Court (Judge Blake) granted the defendants' motion for summary judgment, holding that the plaintiffs received medical treatment and were kept safe and reasonably free from bodily restraint in accordance with reasoned judgment of treating professionals and ADA did not require fundamental alteration of State's programs. Accordingly, the case was closed.

Kunyi Zhang - 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 Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) Maryland Department of Health and Mental Hygiene
Plaintiff Description A group of traumatically brain injured and nonretarded but developmentally disabled residents of state institutions.
Indexed Lawyer Organizations Bazelon Center
NDRN/Protection & Advocacy Organizations
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2001
Case Ongoing No
Docket(s)
1:94−cv−00880 (D. Md.) 10/03/2001
PB-MD-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order (Denying Defendants' Motion for Summary Judgment) 07/31/1996 (937 F.Supp. 524) (D. Md.)
PB-MD-0002-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order (Closing the Case in Favor of Defendants) 09/27/2001 (164 F.Supp.2d 591) (D. Md.)
PB-MD-0002-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Blake, Catherine C. (D. Md.) [Magistrate]
PB-MD-0002-0001 | PB-MD-0002-0002 | PB-MD-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Abramson, Gil A. (Maryland)
PB-MD-0002-9000
Battaglia, Lynne A. (Maryland)
PB-MD-0002-9000
Brueckner, Leslie A. (District of Columbia)
PB-MD-0002-9000
Burnim, Ira Abraham (District of Columbia)
PB-MD-0002-9000
Davies, Darlene Thomas (Maryland)
PB-MD-0002-9000
Fick, Nahaniel C. (Maryland)
PB-MD-0002-9000
Goldman, David Anthony (Maryland)
PB-MD-0002-9000
Hanson, Shannon T. (Delaware)
PB-MD-0002-9000
Harris, Ellen (District of Columbia)
PB-MD-0002-9000
Hersehy, Cheryl L. (Maryland)
PB-MD-0002-9000
Kessler, Laura T. (Maryland)
PB-MD-0002-9000
Margolis, Leslie Seid (Maryland)
PB-MD-0002-9000
McCaig, Nancy Jean White (Maryland)
PB-MD-0002-9000
McQuie, Walter D. (Maryland)
PB-MD-0002-9000
Nazarian, Douglas R. M. (Maryland)
PB-MD-0002-9000
Ney, Steven (Maryland)
PB-MD-0002-9000
Penn, Andrew S. (District of Columbia)
PB-MD-0002-9000
Schultheis, Nicole (Maryland)
PB-MD-0002-9000
Sekus, Perry F. (Minnesota)
PB-MD-0002-9000
Shadoan, George W. (Maryland)
PB-MD-0002-9000
Defendant's Lawyers Bergeron, Richard G. (Maryland)
PB-MD-0002-9000
Braverman, Nathan (Maryland)
PB-MD-0002-9000
Connolly, James M. (Maryland)
PB-MD-0002-9000
Curran, John Joseph Jr. (Maryland)
PB-MD-0002-9000
Dove, Maureen Mullen (Maryland)
PB-MD-0002-9000
Hargrove, John Raymond Jr. (Maryland)
PB-MD-0002-9000
Keech, Thomas W. (Maryland)
PB-MD-0002-9000
Lawrence, Matthew A. (Maryland)
PB-MD-0002-9000
Morse, Kathleen A. (Colorado)
PB-MD-0002-9000
Pepper, Thomas W. (Maryland)
PB-MD-0002-9000
Other Lawyers None on record

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