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Case Name Hampe v. Hamos PB-IL-0010
Docket / Court 1:10-cv-03121 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Case Summary
Several young adults who are considered medically fragile (they have severe disabilities and rely on technology for survival) filed this class action lawsuit in the U.S. District Court for the Northern District of Illinois on May 20, 2010. The named plaintiffs are each 20 years old and are able to ... read more >
Several young adults who are considered medically fragile (they have severe disabilities and rely on technology for survival) filed this class action lawsuit in the U.S. District Court for the Northern District of Illinois on May 20, 2010. The named plaintiffs are each 20 years old and are able to live in the community because they receive care through a Medicaid waiver for medically fragile or technology dependent (MF/TD) individuals with disabilities. This waiver program is only available to those who are 21 or younger. Upon the 21st birthday of the recipient, the state has a policy of drastically reducing the services available to the recipient (an approximately 50% reduction) because of a change in funding source. In their complaint, the Plaintiffs allege that this policy violates the Americans with Disabilities Act (under the 1999 Supreme Court precedent, Olmstead v. L.C.) and Section 504 of the Rehabilitation Act.

The Plaintiffs moved for class certification on June 2, 2010. The U.S. Department of Justice filed a brief supporting this motion on July 16, 2010, and the court (Judge Ruben Castillo) certified the class on November 22, 2010. Discovery proceeded. Several individual plaintiffs moved for and were granted injunctions preventing the reduction of their services at their 21st birthdays. No class-wide relief has been obtained yet.

In May 2012, Judge Castillo ordered the parties to submit a proposed consent decree to the court. On August 21, 2012, the Judge "reluctantly conclude[d] that this class action lawsuit [could not] be presently settled." He then ordered the parties to submit motions for summary judgment.

In an order on January 8, 2013, Judge Castillo denied both parties' summary judgment motions, finding that disputed issues of material fact precluded summary judgment.

The case is ongoing.

Beth Kurtz - 04/13/2013


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Defendant-type
Hospital/Health Department
Jurisdiction-wide
Disability
disability, unspecified
Integrated setting
Least restrictive environment
Mental impairment
Mobility impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Deinstitutionalization/decarceration
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Medical/Mental Health
Intellectual/Developmental Disability
Medical care, general
Medical care, unspecified
Mental Disability
Brain injury
Intellectual/developmental disability, unspecified
Plaintiff Type
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) Illinois Department of Healthcare and Family Services
Plaintiff Description Plaintiffs are medically fragile young adults who stand to have their community-based services reduced upon turning twenty-one.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None
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)
1:10−cv−03121 (N.D. Ill.) 02/05/2013
PB-IL-0010-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Plaintiffs Motion for Class Certification 06/02/2010
PB-IL-0010-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Memorandum of Law in Support of Class Certification 06/02/2010
PB-IL-0010-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Statement of Interest of the United States of America 07/16/2010
PB-IL-0010-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint for Declaratory and Injunctive Relief 08/11/2010
PB-IL-0010-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendant Hamos' Motion to Dismiss Certain Plaintiffs as Misjoined Parties Pursuant to Fed. Rules Civ. P. 21 and 20(a)(1) and Proposed Order 11/18/2010
PB-IL-0010-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANT HAMOS’ COMBINED MEMORANDUM OF LAW IN RESPONSE TO PLAINTIFF’S MOTION TO FILE A FOURTH AMENDED COMPLAINT INSTANTER AND IN SUPPORT OF HER MOTION TO DISMISS CERTAIN PLAINTIFFS AS MISJOINDED PARTIES 11/18/2010
PB-IL-0010-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order Granting Class Certification 11/22/2010 (N.D. Ill.)
PB-IL-0010-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion for Summary Judgment 08/23/2012
PB-IL-0010-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Memorandum of Law in Support of Plaintiffs Motion for Summary Judgment Pursuant to Local Rule 56.1(a)(2) 08/23/2012
PB-IL-0010-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendant's Motion for Summary Judgment 10/10/2012
PB-IL-0010-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANT’S RESPONSE TO PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT 10/10/2012
PB-IL-0010-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order 01/08/2013 (2013 WL 139869) (N.D. Ill.)
PB-IL-0010-0012.pdf | WESTLAW | Detail
Document Source: Westlaw
Judges Castillo, Ruben (N.D. Ill.)
PB-IL-0010-0012 | PB-IL-0010-9000
Hibbler, William J. (N.D. Ill.)
PB-IL-0010-0007
Monitors/Masters None on record
Plaintiff's Lawyers Cahill, Mary Denise (Illinois)
PB-IL-0010-0008 | PB-IL-0010-0009 | PB-IL-0010-9000
Farley, Robert Hugh Jr. (Illinois)
PB-IL-0010-0001 | PB-IL-0010-0002 | PB-IL-0010-0004 | PB-IL-0010-0008 | PB-IL-0010-0009 | PB-IL-0010-9000
Defendant's Lawyers Huston, John E. (Illinois)
PB-IL-0010-0005 | PB-IL-0010-0006 | PB-IL-0010-0010 | PB-IL-0010-0011 | PB-IL-0010-9000
Konieczny, Karen (Illinois)
PB-IL-0010-0005 | PB-IL-0010-0006 | PB-IL-0010-0010 | PB-IL-0010-0011 | PB-IL-0010-9000
Madigan, Lisa (Illinois)
PB-IL-0010-0005 | PB-IL-0010-0006 | PB-IL-0010-0011
Other Lawyers Bagenstos, Samuel R. (District of Columbia)
PB-IL-0010-0003
Breen, Philip L. (District of Columbia)
PB-IL-0010-0003
Fitzgerald, Patrick J. (Illinois)
PB-IL-0010-0003
Holder, Eric H. Jr. (District of Columbia)
PB-IL-0010-0003
Johnson, Patrick Walter (Illinois)
PB-IL-0010-0003
Perez, Thomas E. (District of Columbia)
PB-IL-0010-0003
Rush, Regan (District of Columbia)
PB-IL-0010-0003
Wodatch, John L. (District of Columbia)
PB-IL-0010-0003
Wohlenhaus, Renee M. (District of Columbia)
PB-IL-0010-0003

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