University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Garcia v. Warring PB-MA-0004
Docket / Court 01-907B ( State Court )
State/Territory Massachusetts
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Case Summary
Plaintiff, a 74-year-old woman who had been diagnosed with psychosis and dementia and who could speak only Portuguese, filed a lawsuit against the Commissioner of the Division of Medical Assistance under 42 U.S.C. § 1983, the Americans with Disability Act, § 504 of the Rehabilitation Act of 1973, ... read more >
Plaintiff, a 74-year-old woman who had been diagnosed with psychosis and dementia and who could speak only Portuguese, filed a lawsuit against the Commissioner of the Division of Medical Assistance under 42 U.S.C. § 1983, the Americans with Disability Act, § 504 of the Rehabilitation Act of 1973, and the Medicaid Act in the Massachusetts Superior Court. The plaintiff claimed the Commissioner's decision to terminate payment to the plaintiff's daughter for her personal care attendant services constituted discrimination based on her disability.

On August 1, 2002, the Court (Judge C. Brian McDonald) held that the plaintiff was entitled to Medicaid reimbursement for personal care assistance provided by her daughter on the ground that the plaintiff's disability was such that it prevented anyone other than her daughter to care for her.

Kunyi Zhang - 03/26/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) Wendy Warring, Commissioner of the Division of Medical Assistance
Plaintiff Description A 74 years old who had been diagnosed with psychosis and dementia and who could only speak Portuguese.
Indexed Lawyer Organizations None on record
Class action status sought None on record
Class action status granted Unknown
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2002
Case Ongoing No
Docket(s)
No docket sheet currently in the collection
General Documents
Memorandum of Decision and Order on Plaintiff’s Motion for Judgment on the Pleadings 07/29/2002
PB-MA-0004-0001.pdf | Detail
Document Source: Public.Resource.Org
Judges McDonald, C. Brian (State Trial Court)
PB-MA-0004-0001
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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