Case: Lewis v. New Mexico Dept. of Health

6:99-cv-00021 | U.S. District Court for the District of New Mexico

Filed Date: Jan. 7, 1999

Closed Date: Oct. 21, 2005

Clearinghouse coding complete

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 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. …

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.

Summary Authors

Michael Perry (2/24/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4945385/parties/lewis-v-new-mexico-dept-he/


Judge(s)

Deaton, William W. Jr. (New Mexico)

Attorney for Plaintiff
Attorney for Defendant

Adams, Nathan A. (New Mexico)

Armijo, Rumaldo R. (New Mexico)

Clough, John H. (New Mexico)

Davidson, Margaret E. (New Mexico)

show all people

Documents in the Clearinghouse

Document

00-02154

Docket

Lewis v. Dept. of Health

U.S. Court of Appeals for the Tenth Circuit

May 31, 2002

May 31, 2002

Docket

6:99-cv-00021

Docket

Oct. 21, 2005

Oct. 21, 2005

Docket
1

6:99-cv-00021

Complaint for Violation of Civil Rights and Injunctive Relief

Jan. 7, 1999

Jan. 7, 1999

Complaint
76

6:99-cv-00021

Amended Memorandum Opinion and Order (Denying in part and granting in part defendants' motions to dismiss)

April 24, 2000

April 24, 2000

Order/Opinion

94 F.Supp.2d 94

00-02154

Opinion (Affirming the district court)

U.S. Court of Appeals for the Tenth Circuit

Aug. 16, 2001

Aug. 16, 2001

Order/Opinion

261 F.3d 261

189

6:99-cv-00021

Memorandum Opinion and Order (Ruling on motions for summary judgment)

Aug. 5, 2003

Aug. 5, 2003

Order/Opinion

275 F.Supp.2d 275

200

6:99-cv-00021

Judgment

Feb. 5, 2004

Feb. 5, 2004

Order/Opinion
254

6:99-cv-00021

Memorandum Opinion and Order (Denying plaintiffs motion to hold defendants in contempt)

Sept. 7, 2005

Sept. 7, 2005

Order/Opinion
259

6:99-cv-00021

Memorandum Opinion and Order (Finding defendants in compliance with the judgment)

Oct. 21, 2005

Oct. 21, 2005

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4945385/lewis-v-new-mexico-dept-he/

Last updated Feb. 23, 2024, 4:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT w/jury demand ( 4 Summons(es) issued) (referred to Magistrate Judge Leslie C. Smith ) (mjr) (Entered: 01/08/1999)

Jan. 7, 1999

Jan. 7, 1999

Clearinghouse
1

COMPLAINT w/jury demand ( 4 Summons(es) issued) (referred to Magistrate Judge Leslie C. Smith ) (mjr) (Entered: 01/08/1999)

Jan. 7, 1999

Jan. 7, 1999

Clearinghouse

FILING FEE PAID: on 1/7/99 in the amount of $150.00, receipt #: 113330. (mjr)

Jan. 8, 1999

Jan. 8, 1999

PACER

FILING FEE PAID: on 1/7/99 in the amount of $150.00, receipt #: 113330. (mjr)

Jan. 8, 1999

Jan. 8, 1999

PACER
2

RETURN OF SERVICE of s/c executed upon defendant New Mexico Dept of Human Services on 1/12/99 (bap) (Entered: 01/20/1999)

Jan. 15, 1999

Jan. 15, 1999

PACER
2

RETURN OF SERVICE of s/c executed upon defendant New Mexico Dept of Human Services on 1/12/99 (bap) (Entered: 01/20/1999)

Jan. 15, 1999

Jan. 15, 1999

PACER
3

RETURN OF SERVICE of s/c executed upon defendant New Mexico Dept Health on 1/12/99 (bap) (Entered: 01/20/1999)

Jan. 15, 1999

Jan. 15, 1999

PACER
3

RETURN OF SERVICE of s/c executed upon defendant New Mexico Dept Health on 1/12/99 (bap) (Entered: 01/20/1999)

Jan. 15, 1999

Jan. 15, 1999

PACER
4

RETURN OF SERVICE of s/c executed upon defendant J Alex Valdez on 1/12/99 (bap) (Entered: 01/20/1999)

Jan. 15, 1999

Jan. 15, 1999

PACER
4

RETURN OF SERVICE of s/c executed upon defendant J Alex Valdez on 1/12/99 (bap) (Entered: 01/20/1999)

Jan. 15, 1999

Jan. 15, 1999

PACER
5

RETURN OF SERVICE of s/c executed upon defendant Gary Johnson on 1/12/99 (bap) (Entered: 01/20/1999)

Jan. 15, 1999

Jan. 15, 1999

PACER
5

RETURN OF SERVICE of s/c executed upon defendant Gary Johnson on 1/12/99 (bap) (Entered: 01/20/1999)

Jan. 15, 1999

Jan. 15, 1999

PACER
6

MOTION by State of NM defts to extend time until 4/2/99 within which to answer (former employee) Modified on 02/01/1999 (Entered: 02/01/1999)

Jan. 27, 1999

Jan. 27, 1999

PACER
6

MOTION by State of NM defts to extend time until 4/2/99 within which to answer (former employee) Modified on 02/01/1999 (Entered: 02/01/1999)

Jan. 27, 1999

Jan. 27, 1999

PACER
7

MEMORANDUM (Brief) by defts in support of motion to extend time until 4/2/99 within which to answer [6-1] (former employee) (Entered: 02/01/1999)

Jan. 27, 1999

Jan. 27, 1999

PACER
7

MEMORANDUM (Brief) by defts in support of motion to extend time until 4/2/99 within which to answer [6-1] (former employee) (Entered: 02/01/1999)

Jan. 27, 1999

Jan. 27, 1999

PACER
8

RESPONSE by plaintiffs in opposition to motion to extend time until 4/2/99 within which to answer [6-1] (dmw) (Entered: 02/03/1999)

Feb. 2, 1999

Feb. 2, 1999

PACER
8

RESPONSE by plaintiffs in opposition to motion to extend time until 4/2/99 within which to answer [6-1] (dmw) (Entered: 02/03/1999)

Feb. 2, 1999

Feb. 2, 1999

PACER
9

REPLY by State of NM defts to response to motion to extend time until 4/2/99 within which to answer [6-1] (former employee) (Entered: 02/05/1999)

Feb. 5, 1999

Feb. 5, 1999

PACER
9

REPLY by State of NM defts to response to motion to extend time until 4/2/99 within which to answer [6-1] (former employee) (Entered: 02/05/1999)

Feb. 5, 1999

Feb. 5, 1999

PACER
10

ORDER by Judge Martha Vazquez granting defts' motion to extend time until 4/2/99 within which to answer [6-1] (cc: all counsel) (former employee) (Entered: 02/16/1999)

Feb. 16, 1999

Feb. 16, 1999

PACER
10

ORDER by Judge Martha Vazquez granting defts' motion to extend time until 4/2/99 within which to answer [6-1] (cc: all counsel) (former employee) (Entered: 02/16/1999)

Feb. 16, 1999

Feb. 16, 1999

PACER
11

AMENDED COMPLAINT by pltf for violation of civil rights and injunctive relief [1-1] (rd) (Entered: 05/10/1999)

May 3, 1999

May 3, 1999

PACER
11

AMENDED COMPLAINT by pltf for violation of civil rights and injunctive relief [1-1] (rd) (Entered: 05/10/1999)

May 3, 1999

May 3, 1999

PACER
12

MOTION by deft Gary Johnson to dismiss action against deft for failure to state a claim upon which relief may be granted (rd) (Entered: 06/14/1999)

June 14, 1999

June 14, 1999

PACER
12

MOTION by deft Gary Johnson to dismiss action against deft for failure to state a claim upon which relief may be granted (rd) (Entered: 06/14/1999)

June 14, 1999

June 14, 1999

PACER
13

MEMORANDUM by deft Gary Johnson in support of motion to dismiss action against deft for failure to state a claim upon which relief may be granted [12-1] (rd) (Entered: 06/14/1999)

June 14, 1999

June 14, 1999

PACER
13

MEMORANDUM by deft Gary Johnson in support of motion to dismiss action against deft for failure to state a claim upon which relief may be granted [12-1] (rd) (Entered: 06/14/1999)

June 14, 1999

June 14, 1999

PACER
14

RESPONSE by pltfs to deft Johnson's motion to dismiss action against deft for failure to state a claim upon which relief may be granted [12-1] (rd) (Entered: 06/14/1999)

June 14, 1999

June 14, 1999

PACER
14

RESPONSE by pltfs to deft Johnson's motion to dismiss action against deft for failure to state a claim upon which relief may be granted [12-1] (rd) (Entered: 06/14/1999)

June 14, 1999

June 14, 1999

PACER
15

REPLY by deft Gary Johnson to pltfs' response to motion to dismiss action against deft for failure to state a claim upon which relief may be granted [12-1] (rd) (Entered: 06/14/1999)

June 14, 1999

June 14, 1999

PACER
15

REPLY by deft Gary Johnson to pltfs' response to motion to dismiss action against deft for failure to state a claim upon which relief may be granted [12-1] (rd) (Entered: 06/14/1999)

June 14, 1999

June 14, 1999

PACER
16

MOTION by defendants for reassignment to Judge Parker (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
16

MOTION by defendants for reassignment to Judge Parker (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
17

MEMORANDUM by defendants in support of motion for reassignment to Judge Parker [16-1] (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
17

MEMORANDUM by defendants in support of motion for reassignment to Judge Parker [16-1] (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
18

RESPONSE by plaintiffs to motion for reassignment to Judge Parker [16-1] (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
18

RESPONSE by plaintiffs to motion for reassignment to Judge Parker [16-1] (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
19

REPLY by defendants in support of motion for reassignment to Judge Parker [16-1] (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
19

REPLY by defendants in support of motion for reassignment to Judge Parker [16-1] (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
20

MOTION by defendants to dismiss pursuant to Rule 12(b)(6) (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
20

MOTION by defendants to dismiss pursuant to Rule 12(b)(6) (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
21

MEMORANDUM by defendants in support of motion to dismiss pursuant to Rule 12(b)(6) [20-1] (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
21

MEMORANDUM by defendants in support of motion to dismiss pursuant to Rule 12(b)(6) [20-1] (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
22

ERRATA by defendants to memorandum in support of motion to dismiss pursuant to Rule 12(b)(6) [21-1] (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
22

ERRATA by defendants to memorandum in support of motion to dismiss pursuant to Rule 12(b)(6) [21-1] (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
23

RESPONSE by plaintiffs in opposition to motion to dismiss pursuant to Rule 12(b)(6) [20-1] (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
23

RESPONSE by plaintiffs in opposition to motion to dismiss pursuant to Rule 12(b)(6) [20-1] (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
24

REPLY by defendants in support of motion to dismiss pursuant to Rule 12(b)(6) [20-1] (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
24

REPLY by defendants in support of motion to dismiss pursuant to Rule 12(b)(6) [20-1] (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
25

MOTION by defendants to dismiss based on sovereign immunity (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
25

MOTION by defendants to dismiss based on sovereign immunity (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
26

MEMORANDUM by defendants in support of motion to dismiss based on sovereign immunity [25-1] (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
26

MEMORANDUM by defendants in support of motion to dismiss based on sovereign immunity [25-1] (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
27

RESPONSE by plaintiffs in opposition to motion to dismiss based on sovereign immunity [25-1] (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
27

RESPONSE by plaintiffs in opposition to motion to dismiss based on sovereign immunity [25-1] (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
28

REPLY by defendants in support of motion to dismiss based on sovereign immunity [25-1] (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
28

REPLY by defendants in support of motion to dismiss based on sovereign immunity [25-1] (dmw) (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
29

MINUTE ORDER: Case referred to Chief Magistrate William Deaton (cc: all counsel) (rg) (Entered: 06/18/1999)

June 17, 1999

June 17, 1999

PACER
29

MINUTE ORDER: Case referred to Chief Magistrate William Deaton (cc: all counsel) (rg) (Entered: 06/18/1999)

June 17, 1999

June 17, 1999

PACER
30

NOTICE by pltfs of Supplemental Authority re response in opposition to defts' motion to dismiss deft Governor Johnson (rd) (Entered: 06/22/1999)

June 21, 1999

June 21, 1999

PACER
30

NOTICE by pltfs of Supplemental Authority re response in opposition to defts' motion to dismiss deft Governor Johnson (rd) (Entered: 06/22/1999)

June 21, 1999

June 21, 1999

PACER
31

INITIAL SCHEDULING ORDER by Chief Magistrate William Deaton Rule 16 scheduling conference set for 8/3/99 at 11:00 am in Albuquerque, NM; Provisional Discovery Plan & IPTR due by 7/26/99 (cc: all counsel, electronically) (rd) (Entered: 06/23/1999)

June 22, 1999

June 22, 1999

PACER
31

INITIAL SCHEDULING ORDER by Chief Magistrate William Deaton Rule 16 scheduling conference set for 8/3/99 at 11:00 am in Albuquerque, NM; Provisional Discovery Plan & IPTR due by 7/26/99 (cc: all counsel, electronically) (rd) (Entered: 06/23/1999)

June 22, 1999

June 22, 1999

PACER
32

NOTICE OF SUPPLEMENTAL AUTHORITY by defts relevant to pending motions [12-1], [25-1], [20-1], [16-1] (jrm) (Entered: 07/02/1999)

July 2, 1999

July 2, 1999

PACER
32

NOTICE OF SUPPLEMENTAL AUTHORITY by defts relevant to pending motions [12-1], [25-1], [20-1], [16-1] (jrm) (Entered: 07/02/1999)

July 2, 1999

July 2, 1999

PACER
33

PROVISIONAL DISCOVERY PLAN by parties (vv) (Entered: 07/29/1999)

July 28, 1999

July 28, 1999

PACER
33

PROVISIONAL DISCOVERY PLAN by parties (vv) (Entered: 07/29/1999)

July 28, 1999

July 28, 1999

PACER
34

CERTIFICATE of Service by plaintiffs of Rule 26 disclosures, mailed to counsel of record on 07/30/99 (bap) Modified on 08/03/1999 (Entered: 08/03/1999)

Aug. 2, 1999

Aug. 2, 1999

PACER
34

CERTIFICATE of Service by plaintiffs of Rule 26 disclosures, mailed to counsel of record on 07/30/99 (bap) Modified on 08/03/1999 (Entered: 08/03/1999)

Aug. 2, 1999

Aug. 2, 1999

PACER
35

SCHEDULING ORDER and ORDER OF STAY by Chief Magistrate William Deaton setting initial disclosure schedule; staying discovery except for initial disclosures unitl 11/1/99 and setting telephonic conference for 10/27/99 at 8:30 am to schedule pre-trial deadlines (cc: all counsel, electronically) (rd) (Entered: 08/05/1999)

Aug. 4, 1999

Aug. 4, 1999

PACER
35

SCHEDULING ORDER and ORDER OF STAY by Chief Magistrate William Deaton setting initial disclosure schedule; staying discovery except for initial disclosures unitl 11/1/99 and setting telephonic conference for 10/27/99 at 8:30 am to schedule pre-trial deadlines (cc: all counsel, electronically) (rd) (Entered: 08/05/1999)

Aug. 4, 1999

Aug. 4, 1999

PACER
36

ORDER by Judge Martha Vazquez denying defts' motion for reassignment to Judge Parker [16-1] (cc: all counsel, electronically) (rd) (Entered: 08/06/1999)

Aug. 6, 1999

Aug. 6, 1999

PACER
36

ORDER by Judge Martha Vazquez denying defts' motion for reassignment to Judge Parker [16-1] (cc: all counsel, electronically) (rd) (Entered: 08/06/1999)

Aug. 6, 1999

Aug. 6, 1999

PACER
37

NOTICE by pltfs of Supplemental Authority (rd) (Entered: 08/19/1999)

Aug. 19, 1999

Aug. 19, 1999

PACER
37

NOTICE by pltfs of Supplemental Authority (rd) (Entered: 08/19/1999)

Aug. 19, 1999

Aug. 19, 1999

PACER
38

NOTICE by plaintiffs of supplemental authority (dmw) (Entered: 09/14/1999)

Sept. 14, 1999

Sept. 14, 1999

PACER
38

NOTICE by plaintiffs of supplemental authority (dmw) (Entered: 09/14/1999)

Sept. 14, 1999

Sept. 14, 1999

PACER
39

UNOPPOSED MOTION by defts for Extension of time until 10/15/99 to produce initial disclosure documents (rd) (Entered: 10/01/1999)

Sept. 30, 1999

Sept. 30, 1999

PACER
39

UNOPPOSED MOTION by defts for Extension of time until 10/15/99 to produce initial disclosure documents (rd) (Entered: 10/01/1999)

Sept. 30, 1999

Sept. 30, 1999

PACER
40

ORDER by Chief Magistrate William Deaton granting defts' unopposed motion for extension until 10/15/99 to produce initial disclosure documents [39-1] (cc: all counsel) (rd) (Entered: 10/05/1999)

Oct. 5, 1999

Oct. 5, 1999

PACER
40

ORDER by Chief Magistrate William Deaton granting defts' unopposed motion for extension until 10/15/99 to produce initial disclosure documents [39-1] (cc: all counsel) (rd) (Entered: 10/05/1999)

Oct. 5, 1999

Oct. 5, 1999

PACER
41

NOTICE by pltfs of supplemental authority re motion to dismiss based on sovereign immunity filed on 6/14/99 (rd) (Entered: 10/15/1999)

Oct. 13, 1999

Oct. 13, 1999

PACER
41

NOTICE by pltfs of supplemental authority re motion to dismiss based on sovereign immunity filed on 6/14/99 (rd) (Entered: 10/15/1999)

Oct. 13, 1999

Oct. 13, 1999

PACER
42

ORDER by Chief Magistrate William Deaton continuing order of stay to 1-4-2000; Initial Pretrial Report shall be submitted by 1-4-2000 (cc: all counsel*) (jrm) (Entered: 10/29/1999)

Oct. 28, 1999

Oct. 28, 1999

PACER
42

ORDER by Chief Magistrate William Deaton continuing order of stay to 1-4-2000; Initial Pretrial Report shall be submitted by 1-4-2000 (cc: all counsel*) (jrm) (Entered: 10/29/1999)

Oct. 28, 1999

Oct. 28, 1999

PACER
43

NOTICE by plaintiffs of suggestion of death of Faye Morgan (dmw) (Entered: 12/17/1999)

Dec. 16, 1999

Dec. 16, 1999

PACER
43

NOTICE by plaintiffs of suggestion of death of Faye Morgan (dmw) (Entered: 12/17/1999)

Dec. 16, 1999

Dec. 16, 1999

PACER
44

ORDER by Chief Magistrate William Deaton setting settlement conference for 10/3/00 at 1:15 pm in Albuquerque, NM (cc: all counsel*) (rd) (Entered: 01/19/2000)

Jan. 18, 2000

Jan. 18, 2000

PACER
44

ORDER by Chief Magistrate William Deaton setting settlement conference for 10/3/00 at 1:15 pm in Albuquerque, NM (cc: all counsel*) (rd) (Entered: 01/19/2000)

Jan. 18, 2000

Jan. 18, 2000

PACER
45

INITIAL PRE-TRIAL REPORT by Judge Martha Vazquez and Chief Magistrate William Deaton; Discovery set for 8/30/2000; mtn filing ddl set for 11/13/2000; proposed pretrial order due 11/30/2000; pretrial conference set for 10:00 am on 1/25/2001; non-jury trial set for 9:00 am on 2/5/2001 both in Santa Fe NM; Estimated # of Trial Days: 15; Chances of Settlement: poor (cc: all counsel) (mjr) (Entered: 01/21/2000)

Jan. 21, 2000

Jan. 21, 2000

PACER
45

INITIAL PRE-TRIAL REPORT by Judge Martha Vazquez and Chief Magistrate William Deaton; Discovery set for 8/30/2000; mtn filing ddl set for 11/13/2000; proposed pretrial order due 11/30/2000; pretrial conference set for 10:00 am on 1/25/2001; non-jury trial set for 9:00 am on 2/5/2001 both in Santa Fe NM; Estimated # of Trial Days: 15; Chances of Settlement: poor (cc: all counsel) (mjr) (Entered: 01/21/2000)

Jan. 21, 2000

Jan. 21, 2000

PACER
58

MOTION by defts for summary judgment on claims of pltfs Ben Lewis, Aaron Norrid, Fred Romero, Faye Morgan and Deborah Eminger (rd) (Entered: 03/03/2000)

Jan. 24, 2000

Jan. 24, 2000

PACER
58

MOTION by defts for summary judgment on claims of pltfs Ben Lewis, Aaron Norrid, Fred Romero, Faye Morgan and Deborah Eminger (rd) (Entered: 03/03/2000)

Jan. 24, 2000

Jan. 24, 2000

PACER
46

FIRST MOTION by pltfs to compel (rd) (Entered: 02/04/2000)

Feb. 4, 2000

Feb. 4, 2000

PACER
46

FIRST MOTION by pltfs to compel (rd) (Entered: 02/04/2000)

Feb. 4, 2000

Feb. 4, 2000

PACER
47

RESPONSE by defts to pltfs' motion to compel [46-1] (rd) (Entered: 02/04/2000)

Feb. 4, 2000

Feb. 4, 2000

PACER
47

RESPONSE by defts to pltfs' motion to compel [46-1] (rd) (Entered: 02/04/2000)

Feb. 4, 2000

Feb. 4, 2000

PACER
48

REPLY by pltfs to defts' response to motion to compel [46-1] (rd) (Entered: 02/04/2000)

Feb. 4, 2000

Feb. 4, 2000

PACER
48

REPLY by pltfs to defts' response to motion to compel [46-1] (rd) (Entered: 02/04/2000)

Feb. 4, 2000

Feb. 4, 2000

PACER

Case Details

State / Territory: New Mexico

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 7, 1999

Closing Date: Oct. 21, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals eligible to participate in Medicaid because of disabilities and an advocacy organization for disabled individuals.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New Mexico Department of Health (Santa Fe, Santa Fe), State

New Mexico Department of Human Services (Santa Fe, Santa Fe), State

New Mexico (Santa Fe, Santa Fe), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

Benefit Source:

Medicaid