University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name People First of Tennessee v. Neal PB-TN-0002
Docket / Court 3:01-cv-00272 ( M.D. Tenn. )
State/Territory Tennessee
Case Type(s) Disability Rights-Pub. Accom.
Education
Public Benefits / Government Services
Special Collection Olmstead Cases
Case Summary
On March 20, 2001 People First of Tennessee and several developmentally disabled individuals filed suit against the Tennessee Department of Finance and Administration and the Tennessee Department of Education in the United States District Court for the Middle District of Tennessee. They alleged ... read more >
On March 20, 2001 People First of Tennessee and several developmentally disabled individuals filed suit against the Tennessee Department of Finance and Administration and the Tennessee Department of Education in the United States District Court for the Middle District of Tennessee. They alleged that the defendants had violated the Americans with Disabilities Act, the Medicaid Act, the Individuals with Disabilities Education Act, and the Due Process Clause of the Fourteenth Amendment. They claimed that the defendants failed to provide timely community-based treatment, denied such treatment or the right to apply for such treatment to eligible individuals, did not make accommodations for individuals so that they could be treated in an integrated setting, did not properly notify individuals when they were denied services, and failed to provide Medicaid payments for services school-aged children were entitled to.

The court (Judge Robert L. Echols) consolidated the case with Brown v. Tennessee Department of Finance and Administration (Clearinghouse PB-TN-0001) on May 7, 2002 solely for the purposes of discovery. On May 7, 2003 the court (Judge Echols) certified the case as a class action. The parties then reached a settlement agreement, which the court (Judge Echols) approved on January 7, 2004. The settlement adds to the settlement reached in Brown, which included various measures to ensure more eligible individuals received community based treatment. The settlement in this case requires the state to conduct a public information campaign to make eligible individuals aware of community based treatment options and to compile data regarding the number of individuals eligible for such services who do not receive them.

Michael Perry - 03/10/2011


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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
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Tennessee Department of Education
Tennessee Department of Finance and Administration
Plaintiff Description An advocay organization and several developmentally disabled individuals.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
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 2003
Case Ongoing No
Docket(s)
3:01−cv−00272 (M.D. Tenn.) 06/28/2004
PB-TN-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
No documents currently in the collection
Judges Echols, Robert L. (M.D. Tenn.)
PB-TN-0002-9000
Knowles, E. Clifton (M.D. Tenn.) [Magistrate]
PB-TN-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Buchanan, Gary (Tennessee)
PB-TN-0002-9000
Connette, Edward G. III (North Carolina)
PB-TN-0002-9000
Derryberry, Jack W. (Tennessee)
PB-TN-0002-9000
Gran, Judith A. (Pennsylvania)
PB-TN-0002-9000
Schwarz, Earle J. (Tennessee)
PB-TN-0002-9000
Defendant's Lawyers Dycus, Dianne Stanley (Tennessee)
PB-TN-0002-9000
Ross, Linda A. (Tennessee)
PB-TN-0002-9000
Summers, Paul G. (Tennessee)
PB-TN-0002-9000
Other Lawyers None on record

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