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Case Name Miranda B. v. Kulongoski PB-OR-0001
Docket / Court 3:00-cv-01753 ( D. Or. )
State/Territory Oregon
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization NDRN/Protection & Advocacy Organizations
Case Summary
On December 19, 2000 ten institutionalized individuals with disabilities filed suit against Oregon, the Oregon Department of Human Resources, and the Oregon Department of Human Services in the Federal District Court for the District of Oregon. They alleged that the defendants had violated the ... read more >
On December 19, 2000 ten institutionalized individuals with disabilities filed suit against Oregon, the Oregon Department of Human Resources, and the Oregon Department of Human Services in the Federal District Court for the District of Oregon. They alleged that the defendants had violated the Americans with Disabilities Act, the Rehabilitation Act, the Due Process Clause of the Fourteenth Amendment, and 42 U.S.C. § 1983. Specifically they claimed that they were segregated within their institutions and were capable of functioning in the community if the state would provide them with the community based treatment to which they were entitled.

On August 10, 2001 the Magistrate Judge (Magistrate Judge Dennis James Hubel) issued Findings and Recommendations. He recommended that the motion to dismiss the claims based on 42 U.S.C. § 1983 be granted but all other motions to dismiss be denied. On September 18, 2001 the district court (Judge Anna J. Brown) adopted this report over the objections of the defendants based on Eleventh Amendment immunity. The defendants appealed but on May 14, 2003 the Ninth Circuit Court of Appeals (Judges Diarmuid F. O'Scannlain, Ferdinand F. Fernandez, and Raymond C. Fisher) affirmed the district court.

The parties thereafter reached a settlement agreement and on January 13, 2004 the court (Magistrate Judge Hubel) certified the settlement class and gave preliminary approval of the settlement. Though the exact details are not known the settlement provided for expedited availability of community based treatment for those for whom it was appropriate. The case was closed on March 10, 2004 when the court (Magistrate Judge Hubel) gave final approval to the settlement agreement.

Michael Perry - 03/06/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Constitutional Clause
Due Process
Plaintiff Type
Private Plaintiff
Causes of Action Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) Oregon
Oregon Department of Human Resources
Oregon Department of Human Services
Plaintiff Description Ten institutionalized individuals with disabilities seeking community based care or an end to their segregation within the institutions.
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought Yes
Class action status granted Yes
Prevailing Party Mixed
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 2004
Case Ongoing No
Docket(s)
3:00−cv−01753 (D. Or.) 11/04/2004
PB-OR-0001-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
01-35950 (U.S. Court of Appeals) 02/09/2005
PB-OR-0001-9001 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Findings and Recommendation 08/10/2001
PB-OR-0001-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order (Adopting the report of the Magistrate Judge) 09/18/2001 (D. Or.)
PB-OR-0001-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion (Affirming the District Court) 05/14/2003 (328 F.3d 1181)
PB-OR-0001-0005 PDF | WESTLAW| LEXIS | External Link | Detail
Document Source: U.S. Court of Appeals website
Order Certifying Settlement Class And Preliminarily Approving Settlement, Approving Class Notice And Scheduling Fairness Hearing. 01/13/2004 (D. Or.)
PB-OR-0001-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Final Order and Judgment 03/10/2004 (D. Or.)
PB-OR-0001-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Brown, Anna J. (D. Or.)
PB-OR-0001-0002 | PB-OR-0001-9000 | PB-OR-0001-9001
Fernandez, Ferdinand Francis (Ninth Circuit, C.D. Cal.)
PB-OR-0001-0005
Fisher, Raymond C. (Ninth Circuit)
PB-OR-0001-0005
Hubel, Dennis James (D. Or.) [Magistrate]
PB-OR-0001-0001 | PB-OR-0001-0003 | PB-OR-0001-0004 | PB-OR-0001-9000
Jones, Robert Edward (D. Or.)
PB-OR-0001-9000
O'Scannlain, Diarmuid Fionntain (Ninth Circuit)
PB-OR-0001-0005
Monitors/Masters None on record
Plaintiff's Lawyers Mathieu, Stephen J. (Oregon)
PB-OR-0001-0001 | PB-OR-0001-0002 | PB-OR-0001-9000 | PB-OR-0001-9001
Thurber, Kent B. (Oregon)
PB-OR-0001-0001 | PB-OR-0001-0002 | PB-OR-0001-9000 | PB-OR-0001-9001
Wilde, Kathleen L. (Oregon)
PB-OR-0001-0001 | PB-OR-0001-0002 | PB-OR-0001-0003 | PB-OR-0001-9000 | PB-OR-0001-9001
Defendant's Lawyers Georges, Katherine Greene (Oregon)
PB-OR-0001-0001 | PB-OR-0001-0002 | PB-OR-0001-9000
Metcalf, Janet A. (Oregon)
PB-OR-0001-9001
Myers, Hardy (Oregon)
PB-OR-0001-0001 | PB-OR-0001-0002
Wasserman, Richard D. (Oregon)
PB-OR-0001-9000
Other Lawyers Russell, Kevin K. (District of Columbia)
PB-OR-0001-9001
Silver, Jessica Dunsay (District of Columbia)
PB-OR-0001-9001

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