University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name M.R. v. Dreyfus PB-WA-0006
Docket / Court 2:10-cv-02052-TSZ ( W.D. Wash. )
State/Territory Washington
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Case Summary
This federal lawsuit is a challenge to a reduction in in-home personal care hours provided to eligible Medicaid recipients in Washington. The plaintiffs in this case are individuals with disabilities who receive in-home personal care and would risk institutionalization if the amount of in-home ... read more >
This federal lawsuit is a challenge to a reduction in in-home personal care hours provided to eligible Medicaid recipients in Washington. The plaintiffs in this case are individuals with disabilities who receive in-home personal care and would risk institutionalization if the amount of in-home care is insufficient to meet their care needs (which were determined by the state's individualized assessment process under Medicaid). There are also three organizational plaintiffs which serve individuals with disabilities in Washington.

After Washington announced its reduction of care hours (deemed necessary to control state spending), the plaintiffs filed a complaint in the U.S. District Court for the Western District of Washington on December 23, 2010 and sought to prevent the reductions from taking effect by filing an accompanying motion for a temporary restraining order and preliminary injunction. On December 30, District Judge Thomas S. Zilly denied the motion for a temporary restraining order. The United States filed a statement of interest supporting the plaintiffs' motion for preliminary injunction in January 2011. After some scheduling issues and minor motions, Judge Zilly denied the plaintiffs' motion for preliminary injunction on February 9, 2011. The plaintiffs then appealed this decision to the U.S. Court of Appeals for the Ninth Circuit.

In December 2011, Judge William Fletcher wrote for a 2-1 majority in reversing the District Court's denial of the plaintiff's motion for preliminary injunction. Judge Fletcher's opinion held that the plaintiff's had demonstrated a likelihood of success on the merits of their ADA claims, and that they would suffer irreparable harm without an injunction. In June 2012, the Ninth Circuit denied to rehear the case en banc, despite a lengthy dissent from Judge Carlos Bea.

In October 2012, Washington Governor Christine Gregoire (press release) decided not to appeal the denial of preliminary injunction to the U.S. Supreme Court, thanks in part to an advocacy effort on the part of disability rights organizations.

The case will now move forward at the trial level, and the plaintiffs will likely proceed with efforts to obtain class certification (motions for class certification were stayed pending the Ninth Circuit decisions).

Beth Kurtz - 11/09/2012


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Defendant-type
Hospital/Health Department
Disability
disability, unspecified
Integrated setting
Least restrictive environment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Deinstitutionalization/decarceration
Public assistance grants
Public benefits (includes, e.g., in-state tuition, govt. jobs)
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) Washington State Department of Social and Health Services
Plaintiff Description Plaintiffs are disabled individuals who are entitled to receive a certain number of Medicaid in-home personal care service hours each month. They allege that Washington's 10% reduction of in-home care hours places them at risk of institutionalization.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Pending
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Docket(s)
Case: 2:10-cv-2052 (W.D. Wash.) 09/27/2012
PB-WA-0006-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Motion for Temporary Restraining Order and Preliminary Injunction 12/23/2010
PB-WA-0006-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint for Declaratory and Injunctive Relief 12/31/2010
PB-WA-0006-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Temporary Restraining Order 01/05/2011 (2011 WL 31553) (W.D. Wash.)
PB-WA-0006-0005.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Motion for Preliminary Injunction 01/21/2011
PB-WA-0006-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Preliminary Injunction 02/09/2011 (767 F.Supp.2d 1149) (W.D. Wash.)
PB-WA-0006-0009.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Ninth Circuit Opinion 12/16/2011 (663 F.3d 1100)
PB-WA-0006-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: U.S. Court of Appeals website
Order Amending Opinion and Denying Rehearing 06/18/2012 (697 F.3d 706)
PB-WA-0006-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: U.S. Court of Appeals website
Defendants' Motion for Partial Summary Judgment On Due Process Claims (GRANTED) 05/23/2013
PB-WA-0006-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Bea, Carlos T. (Ninth Circuit)
PB-WA-0006-0003
Fletcher, William A. (Ninth Circuit)
PB-WA-0006-0002 | PB-WA-0006-0003
Rawlinson, Johnnie B. (D. Nev., Ninth Circuit)
PB-WA-0006-0003
Reinhardt, Stephen Roy (Ninth Circuit)
PB-WA-0006-0003
Zilly, Thomas Samuel (W.D. Wash.)
PB-WA-0006-0005 | PB-WA-0006-0009 | PB-WA-0006-9000
Monitors/Masters None on record
Plaintiff's Lawyers Brenneke, Andrea (Washington)
PB-WA-0006-0001 | PB-WA-0006-0007 | PB-WA-0006-0010 | PB-WA-0006-9000
Frank, Katrin E. (Washington)
PB-WA-0006-9000
Leyton, Stacey M. (California)
PB-WA-0006-0001 | PB-WA-0006-0007 | PB-WA-0006-0010 | PB-WA-0006-9000
Murray, Matthew J (California)
PB-WA-0006-9000
Defendant's Lawyers Bashford, Jonathon (Washington)
PB-WA-0006-0011 | PB-WA-0006-9000
Dee, Edward Joseph (Washington)
PB-WA-0006-9000
McIlhenny, John K (Washington)
PB-WA-0006-9000
Rush, Regan (District of Columbia)
PB-WA-0006-9000
Stephens, William T. (Washington)
PB-WA-0006-9000
Work, William Bruce (Washington)
PB-WA-0006-9000
Other Lawyers Ferguson, Robert W. (Washington)
PB-WA-0006-0011

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