University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Eager v. Engler PB-MI-0002
Docket / Court 5:02-cv-00044 ( W.D. Mich. )
State/Territory Michigan
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization NDRN/Protection & Advocacy Organizations
Case Summary
On March 19, 2002, seven individuals with disabilities and five organizations which advocate for community placement for people with disabilities filed a lawsuit against the state of Michigan under the Medical Assistance Act, 42 U.S.C. §1396 et seq., the Americans with Disabilities Act, 42 U.S.C. � ... read more >
On March 19, 2002, seven individuals with disabilities and five organizations which advocate for community placement for people with disabilities filed a lawsuit against the state of Michigan under the Medical Assistance Act, 42 U.S.C. §1396 et seq., the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 in the U.S. District Court for the Western District of Michigan, Southern Division. The plaintiffs, represented by legal services, asked the Court for declaratory and injunctive relief, alleging that the State was unlawfully and unnecessarily segregating people with disabilities in nursing homes rather than serving them in the most integrated setting appropriate to their needs--their own homes. Specifically, the plaintiffs requested the admission to the waiver program, the creation of waiting lists for MiChoice, and the provision of information to the public about the MiChoice program.

After long and detailed settlement negotiations, on February 2, 2004, the parties reached a settlement whereby for FY '04, the state was required to allocate no less than $100 million to the MiChoice program, the state agreed to take steps to ensure greater public understanding of long term care options, and the state would use identical criteria for both applicants fro the MiChoice program and applicants to nursing facilities, etc.

Kunyi Zhang - 02/19/2011


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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.
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 Michigan
Plaintiff Description Seven individuals with disabilities and five organizations whose mission was to advocate for community placement for people with disabilities
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought None on record
Class action status granted Unknown
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2004
Case Ongoing No
Docket(s)
5:02−cv−00044 (W.D. Mich.) 02/02/2004
PB-MI-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 03/19/2002
PB-MI-0002-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation for Settlement 12/15/2003
PB-MI-0002-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order (Dismissing the Case) 02/02/2004 (W.D. Mich.)
PB-MI-0002-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Presentation to the Governor’s Task Force on Medicaid Long Term Care 09/13/2004
PB-MI-0002-0004.pdf | Detail
Judges McKeague, David William (W.D. Mich., Sixth Circuit)
PB-MI-0002-0003 | PB-MI-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Cody, Mark A. (Michigan)
PB-MI-0002-0001 | PB-MI-0002-0002 | PB-MI-0002-0004 | PB-MI-0002-9000
Hirschel, Alison (Michigan)
PB-MI-0002-0001 | PB-MI-0002-0002 | PB-MI-0002-0004
Singer, Abraham (Michigan)
PB-MI-0002-0002
Defendant's Lawyers Marsden, Erica Weiss (Michigan)
PB-MI-0002-0002 | PB-MI-0002-9000
Other Lawyers None on record

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