University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States v. North Carolina PB-NC-0002
Docket / Court 5:12-cv-557 ( E.D.N.C. )
State/Territory North Carolina
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
In 2010, the United States Department of Justice (Civil Rights Division, Disability Rights Section) began an investigation into the provision of services to individuals with mental illness in North Carolina. On July 28, 2011, DOJ issued a letter of findings detailing violations of the ADA's ... read more >
In 2010, the United States Department of Justice (Civil Rights Division, Disability Rights Section) began an investigation into the provision of services to individuals with mental illness in North Carolina. On July 28, 2011, DOJ issued a letter of findings detailing violations of the ADA's integration mandate under the Supreme Court precedent, Olmstead v. L.C. DOJ found that North Carolina unnecessarily placed individuals with mental illness in "adult care homes" rather than in community-based settings, and that the state's policies cause individuals with mental illness who receive some services outside of institutions to face a risk of unnecessary institutionalization.

After a period of negotiations, DOJ concurrently filed a complaint and settlement agreement on August 23, 2012. Through this court-enforceable settlement agreement, North Carolina has promised to increase its community-based services available to individuals with mental illness and to offer additional supports so that these individuals can stay out of institutions. Specifically, North Carolina will put transition programs in place to move individuals out of adult care homes and divert individuals from those placements where possible. The State will create additional opportunities for individuals with mental illness to live in supported housing, and will also put programs in place to expand employment opportunities. The state will also improve its community-based mental health services, with an emphasis on "Assertive Community Treatment" teams and crisis services. The parties selected an independent reviewer to monitor the State's progress in complying with the agreement.

Beth Kurtz - 11/09/2012


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Content of Injunction
Discrimination Prohibition
Monitoring
Reasonable Accommodation
Defendant-type
Jurisdiction-wide
Disability
Integrated setting
Least restrictive environment
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Classification / placement
Deinstitutionalization/decarceration
Individualized planning
Placement in mental health facilities
Medical/Mental Health
Mental health care, general
Mental health care, unspecified
Mental Disability
Mental Illness, Unspecified
Plaintiff Type
U.S. Dept of Justice 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) State of North Carolina
Plaintiff Description The United States filed this complaint on behalf of individuals with mental illness in North Carolina who are unnecessarily housed in adult care homes or placed at risk of such institutionalization by the state's policies.
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
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 Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2012 - n/a
Case Closing Year n/a
Case Ongoing No
Docket(s)
5:12-cv-557 (E.D.N.C.) 10/05/2012
PB-NC-0002-9000.pdf | Detail
General Documents
DOJ Letter of Findings 07/28/2011
PB-NC-0002-0004.pdf | Detail
Document Source: U.S. Department of Justice Civil Rights Division, Disability Rights Section
Settlement Agreement 08/23/2012
PB-NC-0002-0001.pdf | Detail
Document Source: U.S. Department of Justice Civil Rights Division, Disability Rights Section
Complaint 08/23/2012
PB-NC-0002-0002.pdf | Detail
Document Source: U.S. Department of Justice Civil Rights Division, Disability Rights Section
DOJ Press Release 08/23/2012
PB-NC-0002-0003.pdf | Detail
Document Source: U.S. Department of Justice Civil Rights Division, Disability Rights Section
Judges Fox, James Carroll (E.D.N.C.)
PB-NC-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Acker, G Norman III (North Carolina)
PB-NC-0002-0001 | PB-NC-0002-0002
Barkoff, Alison (District of Columbia)
PB-NC-0002-0001 | PB-NC-0002-0002
England, Travis W (District of Columbia)
PB-NC-0002-0001 | PB-NC-0002-0002 | PB-NC-0002-9000
Foran, Sheila (District of Columbia)
PB-NC-0002-0001 | PB-NC-0002-0002
Friel, Gregory (District of Columbia)
PB-NC-0002-0001 | PB-NC-0002-0002
Hill, Eve L. (District of Columbia)
PB-NC-0002-0001 | PB-NC-0002-0002
Kline, Regina (District of Columbia)
PB-NC-0002-0001 | PB-NC-0002-0002
Perez, Thomas E. (District of Columbia)
PB-NC-0002-0001 | PB-NC-0002-0002 | PB-NC-0002-0004
Raish, Anne (District of Columbia)
PB-NC-0002-0001 | PB-NC-0002-0002 | PB-NC-0002-9000
Rush, Regan (District of Columbia)
PB-NC-0002-0001 | PB-NC-0002-0002
Walker, Thomas G. (North Carolina)
PB-NC-0002-0001 | PB-NC-0002-0002
Welan, Joy Levin (District of Columbia)
PB-NC-0002-0001 | PB-NC-0002-0002 | PB-NC-0002-9000
Defendant's Lawyers Corbett, Lisa G. (North Carolina)
PB-NC-0002-9000
Other Lawyers None on record

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