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Case Name Crabtree v. Goetz PB-TN-0003
Docket / Court 3:08-cv-00939 ( M.D. Tenn. )
State/Territory Tennessee
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization Legal Services/Legal Aid
Steve Gold
Case Summary
On September 23, 2008 a group of disabled individuals who were receiving home-based care filed suit against the Tennessee Department of Finance and Administration and the Bureau of TennCare in the United States District Court for the Middle District of Tennessee. They alleged that the defendants ... read more >
On September 23, 2008 a group of disabled individuals who were receiving home-based care filed suit against the Tennessee Department of Finance and Administration and the Bureau of TennCare in the United States District Court for the Middle District of Tennessee. They alleged that the defendants were violating that Americans with Disabilities Act and the Rehabilitation Act by moving to reduce or eliminate their home-based nursing services. They claimed that these reductions were being made without regard for their health needs and would deprive them of needed nursing services and force them into institutionalized care, even though they had been approved for home care and institutionalized care would be detrimental to their health and well-being. The plaintiffs sought declaratory and injunctive relief that would preserve their current home-based care until the new program for providing home-based care was made fully available to them.

The plaintiffs also filed a motion for a preliminary injunction on September 23, 2008. On December 19, 2008 the court (Judge William J. Haynes Jr.) entered a preliminary injunction ordering the defendants to refrain from cutting the current home-based services provided to plaintiffs, conduct an individualized assessment of the needs of each plaintiff, and then determine whether nursing homes would provide the services the plaintiffs required. Subsequently additional plaintiffs intervened in order to receive similar relief and the parties engaged in litigation regarding cuts to the home-based care of individual plaintiffs. The case concluded on January 22, 2010 when the court (Judge Haynes) entered an agreed order of dismissal pursuant to a settlement agreement reached by the parties. The details of the settlement are not known.

Michael Perry - 03/10/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Plaintiff Type
Private Plaintiff
Causes of Action Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Bureau of TennCare
Tennessee Department of Finance and Administration
Plaintiff Description A group of disabled individuals receiving community based care.
Indexed Lawyer Organizations Legal Services/Legal Aid
Steve Gold
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 2010
Case Ongoing No
Docket(s)
3:08−cv−00939 (M.D. Tenn.) 01/22/2010
PB-TN-0003-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/23/2008
PB-TN-0003-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion (Granting plaintiffs' motion for a preliminary injunction) 12/19/2008 (2008 WL 5330506 / 2008 U.S.Dist.LEXIS 103097) (M.D. Tenn.)
PB-TN-0003-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: LexisNexis
Order (Entering Preliminary Injunction) 12/19/2008 (2008 U.S.Dist.LEXIS 103092) (M.D. Tenn.)
PB-TN-0003-0003.pdf | LEXIS | Detail
Document Source: LexisNexis
Judges Campbell, Todd J. (M.D. Tenn.)
PB-TN-0003-9000
Echols, Robert L. (M.D. Tenn.)
PB-TN-0003-9000
Griffin, Juliet E. (M.D. Tenn.) [Magistrate]
PB-TN-0003-9000
Haynes, William Joseph Jr. (M.D. Tenn.) [Magistrate]
PB-TN-0003-0002 | PB-TN-0003-0003 | PB-TN-0003-9000
Nixon, John Trice (M.D. Tenn.)
PB-TN-0003-9000
Trauger, Aleta Arthur (M.D. Tenn.)
PB-TN-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Abelow, Michael G. (Tennessee)
PB-TN-0003-0001 | PB-TN-0003-9000 | PB-TN-0003-9000
Croce, Lenny L. (Tennessee)
PB-TN-0003-9000 | PB-TN-0003-9000
Evans, Kathryn A. (Tennessee)
PB-TN-0003-9000 | PB-TN-0003-9000
Gold, Stephen F. (Pennsylvania)
PB-TN-0003-0001 | PB-TN-0003-9000
Perkins, Jane (North Carolina)
PB-TN-0003-0001 | PB-TN-0003-9000
Rambsy, Phillis H. (Tennessee)
PB-TN-0003-9000 | PB-TN-0003-9000
Somers, Sarah (North Carolina)
PB-TN-0003-0001 | PB-TN-0003-9000
Defendant's Lawyers Cooper, Charles Justin (District of Columbia)
PB-TN-0003-9000
Kirk, Michael W. (District of Columbia)
PB-TN-0003-9000
Moss, Nicole J. (District of Columbia)
PB-TN-0003-9000
Reed, Carolyn E. (Tennessee)
PB-TN-0003-9000
Ross, Linda A. (Tennessee)
PB-TN-0003-9000
Other Lawyers None on record

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