University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Lewis v. New Mexico Dept. of Health PB-NM-0001
Docket / Court 6:99-cv-00021 ( D.N.M. )
State/Territory New Mexico
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization NDRN/Protection & Advocacy Organizations
Case Summary
On January 7, 1999 several individuals eligible to participate in Medicaid because of disabilities and an advocacy organization for disabled individuals filed suit against New Mexico, the New Mexico Department of Health, and the New Mexico Department of Human Services in the United States District ... read more >
On January 7, 1999 several individuals eligible to participate in Medicaid because of disabilities and an advocacy organization for disabled individuals filed suit against New Mexico, the New Mexico Department of Health, and the New Mexico Department of Human Services in the United States District Court for the District of New Mexico. They alleged that the defendants had violated 42 U.S.C. § 1983, the Americans with Disabilities Act, the Medicaid Act, and the Fifth and Fourteenth Amendments. Specifically they claimed that the defendants provided community-based treatment to individuals with disabilities authorized as waiver services in a way that prevented disabled individuals from receiving these services in a reasonably prompt manner. They sought declaratory and injunctive relief.

On April 24, 2000 the district court (Judge Martha Alicia Vazquez) granted in part and denied in part the defendants' motion to dismiss. The defendants appealed the ruling denying their sovereign immunity claims but on August 16, 2001 the Tenth Circuit Court of Appeals (Judges Tacha, Pulitz, and Lucero) affirmed the district court. On November 5, 2002 the district court granted the defendants summary judgment as to claims by plaintiffs who had since received the desired services or were deceased but denied the defendants' motion to dismiss the claim of the advocacy organization for lack of standing.

Discovery proceeded until the district court (Judge Vazquez) granted the plaintiffs summary judgment on two counts and the defendants summary judgment on one count on August 5, 2003. On February 4, 2004 the district court (Judge Vazquez) entered judgment in favor of the plaintiffs and ordered the defendants to evaluate applicants for waiver services within 90 days and then provide them with such services when appropriate within 90 days. The district court (Judge Vazquez) denied the plaintiffs motion to find the defendants in contempt on September 7, 2005 and found the defendants to be in compliance with the judgment on October 21, 2005.

Michael Perry - 02/24/2011


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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
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) New Mexico
New Mexico Department of Health
New Mexico Department of Human Services
Plaintiff Description Individuals eligible to participate in Medicaid because of disabilities and an advocacy organization for disabled individuals.
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2004
Case Ongoing No
Docket(s)
00-2154 (U.S. Court of Appeals) 05/31/2002
PB-NM-0001-9001.pdf | Detail
Westlaw
6:99-cv-00021 (D.N.M.) 10/21/2005
PB-NM-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Violation of Civil Rights and Injunctive Relief 01/07/1999
PB-NM-0001-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Memorandum Opinion and Order (Denying in part and granting in part defendants' motions to dismiss) 04/24/2000 (94 F.Supp.2d 1217) (D.N.M.)
PB-NM-0001-0002.pdf | WESTLAW| LEXIS | External Link | Detail
Opinion (Affirming the district court) 08/16/2001 (261 F.3d 970)
PB-NM-0001-0003.pdf | WESTLAW| LEXIS | External Link | Detail
Document Source: U.S. Court of Appeals website
Memorandum Opinion and Order (Ruling on motions for summary judgment) 08/05/2003 (275 F.Supp.2d 1319) (D.N.M.)
PB-NM-0001-0004.pdf | WESTLAW| LEXIS | External Link | Detail
Judgment 02/05/2004 (D.N.M.)
PB-NM-0001-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order (Denying plaintiffs motion to hold defendants in contempt) 09/07/2005 (D.N.M.)
PB-NM-0001-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order (Finding defendants in compliance with the judgment) 10/21/2005 (D.N.M.)
PB-NM-0001-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Deaton, William W. Jr. (D.N.M.) [Magistrate]
PB-NM-0001-9000
Galvan, Joe H. (D.N.M.) [Magistrate]
PB-NM-0001-9000
Lucero, Carlos F. (Tenth Circuit)
PB-NM-0001-0003
Molzen, Karen Ballard (D.N.M.) [Magistrate]
PB-NM-0001-9000
Politz, Henry Anthony (Fifth Circuit)
PB-NM-0001-0003
Smith, Leslie C. (D.N.M.) [Magistrate]
PB-NM-0001-9000
Svet, Don J. (D.N.M.) [Magistrate]
PB-NM-0001-9000
Tacha, Deanell Reece (Tenth Circuit)
PB-NM-0001-0003
Vazquez, Martha Alicia (D.N.M.)
PB-NM-0001-0002 | PB-NM-0001-0004 | PB-NM-0001-0005 | PB-NM-0001-0006 | PB-NM-0001-0007 | PB-NM-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Fisk, Jama E. (New Mexico)
PB-NM-0001-9000
Gomez, Sandra L. (New Mexico)
PB-NM-0001-9000 | PB-NM-0001-9001
Koenigsberg, Nancy (New Mexico)
PB-NM-0001-9000
Miller, V. Collen (New Mexico)
PB-NM-0001-0001 | PB-NM-0001-9000 | PB-NM-0001-9001
Parks, Michael C. (New Mexico)
PB-NM-0001-0001 | PB-NM-0001-9000 | PB-NM-0001-9001
Sanders, Maureen (New Mexico)
PB-NM-0001-9001
Westbrook, Duff H. (New Mexico)
PB-NM-0001-0001 | PB-NM-0001-9000 | PB-NM-0001-9001
Defendant's Lawyers Adams, Nathan A. (New Mexico)
PB-NM-0001-9000
Armijo, Rumaldo R. (New Mexico)
PB-NM-0001-9000 | PB-NM-0001-9001
Clough, John H. (New Mexico)
PB-NM-0001-9001
Davidson, Margaret E. (New Mexico)
PB-NM-0001-9000 | PB-NM-0001-9001
Glenn, Barbara Gregg (New Mexico)
PB-NM-0001-9001
Hoffman, Robyn B. (New Mexico)
PB-NM-0001-9000 | PB-NM-0001-9001
Momaday, Barbara Glenn (New Mexico)
PB-NM-0001-9000
Pharris, Charles A. (New Mexico)
PB-NM-0001-9000 | PB-NM-0001-9001
Ritzma, Paul R. (New Mexico)
PB-NM-0001-9000
Stone, Jennifer (New Mexico)
PB-NM-0001-9000
Sullivan, Susan (New Mexico)
PB-NM-0001-9000
Van Luchene, Gary J. (New Mexico)
PB-NM-0001-9000 | PB-NM-0001-9001
Wihl, Kurt (New Mexico)
PB-NM-0001-9000 | PB-NM-0001-9001
Other Lawyers None on record

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