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Case Name Bryson v. Shumway PB-NH-0001
Docket / Court 1:99-cv-00558 ( D.N.H. )
State/Territory New Hampshire
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 1, 1999, two individuals with acquired brain disorders (ABDs) filed a lawsuit against two New Hampshire state officials under 42 U.S.C. §1983, the Medicaid act, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Due Process Clause in the U.S. District ... read more >
On December 1, 1999, two individuals with acquired brain disorders (ABDs) filed a lawsuit against two New Hampshire state officials under 42 U.S.C. §1983, the Medicaid act, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Due Process Clause in the U.S. District Court for the District of New Hampshire, Concord Division. The plaintiffs, represented by public services counsel, asked the Court for declaratory and injunctive relief, alleging that defendants failed to provide home and community-based services to the plaintiff class living with ABD.

On October 23, 2001, the Court (Judge Steven J. McAuliffe) granted the plaintiffs' motion for summary judgment as to the claim that federal law required that the plaintiffs receive notice and the opportunity for a hearing when they had been placed on a waiting list. On December 10, 2001, the Court (Judge McAuliffe) granted judgment in favor of the plaintiffs, ruling that the defendants failed to provide Medicaid services with "reasonable promptness".

The defendants appealed. On October 15, 2002, the 1st Circuit (Judge Sandra Lynch) vacated the district court's ruling and injunction and remanded the case.

On July 7, 2005 and August 1, 2005, the parties reached a settlement with regard to several claims filed by the plaintiffs. As to the claims that the State was depriving the plaintiffs of rights to community integration mandated by Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, the case went to trial.

On September 29, 2006, the Court (Judge McAuliffe) denied the plaintiffs' request Plaintiffs' requests in Counts 3 and 4 of the complaint for

declaratory and injunctive relief, entered judgment for Defendants and closed the case.

Kunyi Zhang - 02/25/2011


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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 Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
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) NH Department of Health and Human Services
NH Division of Developmental Services
Plaintiff Description A group of persons who had acquired brain disorders and were eligible for home and community-based care services but were put on the waiting list.
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 2006
Case Ongoing No
Docket(s)
1:99−cv−00558 (D.N.H.) 12/08/2008
PB-NH-0001-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
District Court Opinion (Motion for Summary Judgment Granted in Part and Denied in Part) 10/23/2001 (177 F.Supp.2d 78) (D.N.H.)
PB-NH-0001-0003 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
First Circuit Opinion 10/15/2002 (308 F.3d 79)
PB-NH-0001-0004 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Settlement Agreement 08/01/2005
PB-NH-0001-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order (Denying the Plaintiffs' Claims under ADA and Section 504) 09/29/2006 (D.N.H.)
PB-NH-0001-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Lynch, Sandra Lea (First Circuit)
PB-NH-0001-0004
McAuliffe, Steven J. (D.N.H.)
PB-NH-0001-0002 | PB-NH-0001-0003 | PB-NH-0001-9000
Muirhead, James R. (D.N.H.) [Magistrate]
PB-NH-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Lospennato, Ronald (New Hampshire)
PB-NH-0001-0001 | PB-NH-0001-9000
Messer, Amy Beth (New Hampshire)
PB-NH-0001-0001 | PB-NH-0001-9000
Zakre, Sheila O'Leary (New Hampshire)
PB-NH-0001-9000
Defendant's Lawyers Gorman, Suzanne (New Hampshire)
PB-NH-0001-0001 | PB-NH-0001-9000
Mullen, Daniel J. (New Hampshire)
PB-NH-0001-0001
Other Lawyers None on record

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