University of Michigan Law School
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Case Name Boyd v. Mullins PB-AL-0003
Docket / Court 2:10-cv-688-MEF-TFM ( M.D. Ala. )
State/Territory Alabama
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization Steve Gold
NDRN/Protection & Advocacy Organizations
Case Summary
Plaintiff filed this lawsuit in the U.S. District Court for the Middle District of Alabama, against the Alabama Medicaid Agency, on August 12, 2010, alleging that the denial of home-based Medicaid services as opposed to institution-based services violated the ADA and Section 504 of the ... read more >
Plaintiff filed this lawsuit in the U.S. District Court for the Middle District of Alabama, against the Alabama Medicaid Agency, on August 12, 2010, alleging that the denial of home-based Medicaid services as opposed to institution-based services violated the ADA and Section 504 of the Rehabilitation Act. The Plaintiff was paralyzed from the collar bone down and requires assistance performing daily activities. When his mother was able to take care of him, Alabama Medicaid was able to provide some supplemental in-home care services as part of a waiver program. When his mother could no longer take care of him, the plaintiff was forced to live in an institution even though he could have lived in the community with appropriate home care services. A community placement would be particularly valuable to him as he is pursuing higher education at the University of Montevallo.

The Plaintiff filed a complaint and motion for preliminary injunction, and the United States filed a Statement of Interest in support of the plaintiff's motion. Judge Mark E. Fuller of the Middle District of Alabama denied the plaintiff's motion for preliminary injunction on November 12, 2010. In the discovery process that followed, it was revealed that the Plaintiff's eligibility for Medicaid waiver services was in doubt. After additional discovery, the plaintiff agreed to dismiss the case in April 2012 because of these issues.

Beth Kurtz - 11/09/2012


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Disability
disability, unspecified
Integrated setting
Least restrictive environment
Mobility impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Classification / placement
Deinstitutionalization/decarceration
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) Alabama Medicaid Agency
Plaintiff Description Plaintiff is a tetraplegic individual who is currently living in an institution. He seeks to live in the community and alleges that the state's unwillingness to provide him with community-based services violates the ADA.
Indexed Lawyer Organizations Steve Gold
NDRN/Protection & Advocacy Organizations
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Docket(s)
2:10-cv-688-MEF-TFM (M.D. Ala.) 04/30/2012
PB-AL-0003-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Amended Complaint 09/29/2010
PB-AL-0003-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Amended Complaint for Preliminary Injuction and Expedited Hearing 09/29/2010
PB-AL-0003-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Amended Memorandum of Law in Support of His Motion for Preliminary Injunction and Expedited Hearing 09/29/2010
PB-AL-0003-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Commissioner Steckel’s Opposition to Plaintiff’s Amended Motion for Preliminary Injuction (Doc. 15) 10/07/2010
PB-AL-0003-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Statement of Interest of the United States of America 10/12/2010
PB-AL-0003-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Answer to Plaintiffs' Amended Complaint (Doc. 14) 10/13/2010
PB-AL-0003-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinon and Order 11/01/2010 (753 F.Supp.2d 1163) (M.D. Ala.)
PB-AL-0003-0007.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Joint Motion to Stay Litigation 04/01/2011
PB-AL-0003-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 04/22/2011 (M.D. Ala.)
PB-AL-0003-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion to Dismiss this Action Voluntarily and Without Prejudice 04/30/2012
PB-AL-0003-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 04/30/2012 (M.D. Ala.)
PB-AL-0003-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Fuller, Mark E. (M.D. Ala.)
PB-AL-0003-0007 | PB-AL-0003-0009 | PB-AL-0003-0011
Monitors/Masters None on record
Plaintiff's Lawyers Bagenstos, Samuel R. (District of Columbia)
PB-AL-0003-0005
Barkoff, Alison (District of Columbia)
PB-AL-0003-0005
Breen, Philip L. (District of Columbia)
PB-AL-0003-0005
Gold, Stephen F. (Pennsylvania)
PB-AL-0003-0001 | PB-AL-0003-0002 | PB-AL-0003-0003 | PB-AL-0003-0010 | PB-AL-0003-9000
Hackney, James Patrick (Alabama)
PB-AL-0003-0008 | PB-AL-0003-0010 | PB-AL-0003-9000
Perez, Thomas E. (District of Columbia)
PB-AL-0003-0005
Raish, Anne (District of Columbia)
PB-AL-0003-0005
Tucker, James A. (Alabama)
PB-AL-0003-0001 | PB-AL-0003-0002 | PB-AL-0003-0003 | PB-AL-0003-0008 | PB-AL-0003-0010 | PB-AL-0003-9000
Williams, Lonnie Jason (Alabama)
PB-AL-0003-0001 | PB-AL-0003-0002 | PB-AL-0003-0003 | PB-AL-0003-0008 | PB-AL-0003-0010 | PB-AL-0003-9000
Wodatch, John L. (District of Columbia)
PB-AL-0003-0005
Wohlenhaus, Renee M. (District of Columbia)
PB-AL-0003-0005
Defendant's Lawyers Azar, Stephanie McGee (Alabama)
PB-AL-0003-9000
Davis, James William (Alabama)
PB-AL-0003-0004 | PB-AL-0003-0006 | PB-AL-0003-0008 | PB-AL-0003-9000
Fairbanks, Misty S (Alabama)
PB-AL-0003-0004 | PB-AL-0003-0006 | PB-AL-0003-0008 | PB-AL-0003-9000
Fleming, Margaret L. (Alabama)
PB-AL-0003-0004 | PB-AL-0003-0006 | PB-AL-0003-0008 | PB-AL-0003-9000
Parker, William G. Jr. (Alabama)
PB-AL-0003-0008 | PB-AL-0003-9000
Other Lawyers None on record

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