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Case Name Knipp v. Perdue PB-GA-0005
Docket / Court 1:10-cv-02850-TCB ( N.D. Ga. )
State/Territory Georgia
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization Legal Services/Legal Aid
Case Summary
The Plaintiffs, individuals with developmental disabilities and/or mental illness, challenged Georgia's reduction in coverage in home-based support services. The Plaintiffs were receiving services from Georgia Medicaid's Service Options Using Resources in a Community Environment (SOURCE) program ... read more >
The Plaintiffs, individuals with developmental disabilities and/or mental illness, challenged Georgia's reduction in coverage in home-based support services. The Plaintiffs were receiving services from Georgia Medicaid's Service Options Using Resources in a Community Environment (SOURCE) program when the state announced that it would change the program to cover only individuals over aged 65 who had physical disabilities. As a result of this change, each plaintiff was given a notice that he or she would be terminated from the program. The Plaintiffs filed this lawsuit in the U.S. District Court for the Northern District of Georgia on September 10, 2010, alleging that the reduction in coverage placed the Plaintiffs at risk of unnecessary institutionalization in violation of the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act. The Plaintiffs also filed a motion for a preliminary injunction, asking the court to order the state to continue providing SOURCE benefits to the Plaintiffs during litigation. The United States filed a brief supporting this motion on October 6, 2010.

On October 7, 2010, the court (Judge Timothy C. Batten) granted a 60-day preliminary injunction ordering the state to allow the Plaintiffs to continue receiving SOURCE benefits. Throughout the next two years, the parties successfully petitioned the court for extensions of the preliminary injunction. Ultimately, the parties entered a settlement agreement on December 17, 2012. The state agreed to provide Plaintiffs with either continuation of the SOURCE program benefits or other Medicaid-funded community-based services that would allow the Plaintiffs to remain in the community.

Beth Kurtz - 02/20/2013


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Content of Injunction
Discrimination Prohibition
Preliminary relief granted
Defendant-type
Hospital/Health Department
Jurisdiction-wide
Disability
disability, unspecified
Integrated setting
Least restrictive environment
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Deinstitutionalization/decarceration
Habilitation (training/treatment)
Placement in mental health facilities
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Medical/Mental Health
Intellectual/Developmental Disability
Mental health care, general
Mental health care, unspecified
Mental Disability
Intellectual/developmental disability, unspecified
Mental Illness, Unspecified
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) Georgia Department of Behavioral Health and Developmental Disabilities
Georgia Department of Community Health
Plaintiff Description Plaintiffs are individuals with developmental disabilities and/or mental illness who received community-based services under Georgia's SOURCE program but whose SOURCE benefits were terminated after Georgia changed reduced coverage for the program.
Indexed Lawyer Organizations Legal Services/Legal Aid
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2012 - n/a
Case Closing Year 2012
Case Ongoing No
Docket(s)
1:10-cv-02850-TCB (N.D. Ga.) 12/18/2012
PB-GA-0005-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/10/2010
PB-GA-0005-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Motion for Preliminary Injuction 09/10/2010
PB-GA-0005-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendant's Response to Motion for Preliminary Injunction 10/04/2010
PB-GA-0005-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Reply Memorandum in Support of Motion for Preliminary Injunction 10/06/2010
PB-GA-0005-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Statement of Interest of the United States 10/06/2010
PB-GA-0005-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement 12/17/2012
PB-GA-0005-0013.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Order Approving Settlement Agreement 12/18/2012 (N.D. Ga.)
PB-GA-0005-0014.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Batten, Timothy C. Sr. (N.D. Ga.)
PB-GA-0005-0014
King, Janet F. (N.D. Ga.) [Magistrate]
PB-GA-0005-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bliss, Charles R. (Georgia)
PB-GA-0005-0007 | PB-GA-0005-0010 | PB-GA-0005-0013 | PB-GA-0005-9000
Wells, Talley (Georgia)
PB-GA-0005-0007 | PB-GA-0005-0008 | PB-GA-0005-0010 | PB-GA-0005-0013 | PB-GA-0005-9000
Defendant's Lawyers Baker, Thurbert E. (Georgia)
PB-GA-0005-0009
Dunn, Dennis R. (Georgia)
PB-GA-0005-0009 | PB-GA-0005-0013
Hannah, Penny (Georgia)
PB-GA-0005-0009 | PB-GA-0005-0013 | PB-GA-0005-9000
Nelson, Shalen S. (Georgia)
PB-GA-0005-0009 | PB-GA-0005-0013
Olens, Samuel (Georgia)
PB-GA-0005-0013
Raish, Anne (District of Columbia)
PB-GA-0005-0011 | PB-GA-0005-9000
Rhee, Mina (Georgia)
PB-GA-0005-0011 | PB-GA-0005-9000
Townes, Michelle (Georgia)
PB-GA-0005-0009 | PB-GA-0005-0013 | PB-GA-0005-9000
Other Lawyers Bagenstos, Samuel R. (District of Columbia)
PB-GA-0005-0011
Bohan, Mary (District of Columbia)
PB-GA-0005-0011
Breen, Philip L. (District of Columbia)
PB-GA-0005-0011
Hughes, Aileen Bell (Georgia)
PB-GA-0005-0011
Perez, Thomas E. (District of Columbia)
PB-GA-0005-0011
Wodatch, John L. (District of Columbia)
PB-GA-0005-0011
Wohlenhaus, Renee M. (District of Columbia)
PB-GA-0005-0011
Yates, Sally Quillian (Georgia)
PB-GA-0005-0011

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