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Case Name Peter B. v. Sanford PB-SC-0001
Docket / Court 6:10-cv-00767 ( D.S.C. )
State/Territory South Carolina
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Case Summary
The Plaintiffs, several individuals with developmental disabilities, filed this challenge to South Carolina's proposed reduction of services under its MR/RD (mental retardation and related disorders) Waiver program. In January 2010, the South Carolina Department of Health and Human Services ( ... read more >
The Plaintiffs, several individuals with developmental disabilities, filed this challenge to South Carolina's proposed reduction of services under its MR/RD (mental retardation and related disorders) Waiver program. In January 2010, the South Carolina Department of Health and Human Services (SCDHHS) announced a plan to reduce home-based services under the MR/RD Waiver as well as to cap the number of nursing and other home-care hours available through the Waiver. The Plaintiffs contend that these reductions will force them to move to institutions in order to receive necessary services. The Plaintiffs filed their complaint in the U.S. District Court for the District of South Carolina on March 24, 2010.

The Plaintiffs filed a motion for preliminary injunction on April 29, 2010. The federal magistrate judge (Judge Bruce Howe Hendricks) issued a report and recommendation granting the motion on November 24, 2010. Judge Hendricks found that the Plaintiffs had satisfied the requirements for an injunction and ordered the state to maintain the Plaintiffs' services at the level prior to 2010. The District Court (Judge J. Michelle Childs) adopted this report and recommendation as an order on March 7, 2010.

At the same time, the parties engaged in a dispute over the inclusion of the governor (Gov. Mark Sanford and later Gov. Nikki Haley) as a defendant. Governor Sanford first moved to be dismissed from the case on April 21, 2010. On December 6, 2010, Magistrate Judge Hendricks recommended dismissing the Governor. On February 1, 2011, Judge Childs ordered that the Governor be dismissed with respect to those claims filed in the original complaint. The plaintiffs, however, had alleged additional claims against the Governor. On October 26, 2011, Sanford and Haley moved to be dismissed from the case, claiming that state sovereign immunity applies to their official actions. The court granted this motion and dismissed the governor and former governor on June 13, 2012. The Plaintiffs filed a motion for reconsideration on this matter, and when that motion was denied, the Plaintiffs filed an appeal to the U.S. Court of Appeals for the Fourth Circuit. The Court of Appeals denied the appeal on October 25, 2012.

On the substantive claims, both parties filed motions for summary judgment in August 2012. At that time, two of the three Plaintiffs had prevailed in appeals to the South Carolina Administrative Law Court and had not faced reductions in their services as a result. On July 14, 2014, Defendants moved to dismiss the third Plaintiff, Peter B.'s, claims as moot. The Court granted the Defendant's motion to dismiss on December 10, 2014 and issued an according judgment dismissing the case. The Plaintiff, Peter B., filed an appeal to the U.S. Court of Appeals for the Fourth Circuit in January 2015.

Beth Kurtz - 03/21/2013
Maria Ricaurte - 02/08/2016


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Constitutional Clause
Due Process
Content of Injunction
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)
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Medical/Mental Health
Intellectual/Developmental Disability
Mental Disability
Intellectual/developmental disability, unspecified
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) South Carolina Department of Disabilities and Special Needs
South Carolina Department of Health and Human Services
Plaintiff Description Plaintiffs are individuals with developmental disabilities who receive services via South Carolina's MR/RD Waiver program.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Preliminary injunction / Temp. restraining order
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Docket(s)
6:10-cv-00767 (D.S.C.) 02/17/2015
PB-SC-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Defendant Governor Sanford's Motion to Dismiss Plaintiff's Complaint 04/21/2010
PB-SC-0001-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Motion for Preliminary Injunction 04/29/2010
PB-SC-0001-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Magistrate Report and Recommendation Granting Motion for Preliminary Injunction 11/24/2010 (2010 WL 5912259)
PB-SC-0001-0007.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Magistrate's Report and Recommendation Granting Governor's Motion to Dismiss 12/06/2010 (2010 WL 5684397)
PB-SC-0001-0012.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Motion to Dismiss Governor as Defendant 02/01/2011 (2011 WL 347019) (D.S.C.)
PB-SC-0001-0002.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order and Opinion Granting Preliminary Injunction 03/07/2011 (2011 WL 824584) (D.S.C.)
PB-SC-0001-0003.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint 05/25/2011
PB-SC-0001-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Motion for Summary Judgment and/ or to Dismiss Based on Mootness 03/06/2012
PB-SC-0001-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum of Law as Amici Curiae on Issues Under the Americans With Disabilities Act, Rehabilitation Act, Medicaid Provisions and Federal and State Law 03/30/2012 (D.S.C.)
PB-SC-0001-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion and Order Granting Governor's Motion for Summary Judgment 06/13/2012 (2012 WL 2149784) (D.S.C.)
PB-SC-0001-0014.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Motion for Summary Judgment (All Remaining Defendants) 08/16/2012
PB-SC-0001-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Amended Motion for Summary Judgment 08/21/2012
PB-SC-0001-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion & Order 03/07/2013 (2013 WL 869607) (D.S.C.)
PB-SC-0001-0013.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Motion to Dismiss Plaintiff's Claims as Moot 07/14/2014
PB-SC-0001-0015.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Dismissing Plaintiff's Final Claims 12/10/2014 (D.S.C.)
PB-SC-0001-0016.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Cain, Timothy Martin (D.S.C.)
PB-SC-0001-0013 | PB-SC-0001-0014 | PB-SC-0001-0016 | PB-SC-0001-9000
Childs, Julianna Michelle (D.S.C.)
PB-SC-0001-0002 | PB-SC-0001-0003
Hendricks, Bruce Howe (D.S.C.) [Magistrate]
PB-SC-0001-0007 | PB-SC-0001-0012
Monitors/Masters None on record
Plaintiff's Lawyers Anthony, Kenneth C. (South Carolina)
PB-SC-0001-0001 | PB-SC-0001-0005 | PB-SC-0001-0011 | PB-SC-0001-9000
Harrison, Patricia (South Carolina)
PB-SC-0001-0001 | PB-SC-0001-0005 | PB-SC-0001-0011 | PB-SC-0001-9000
Ray, Sandra Kerr (South Carolina)
PB-SC-0001-9000
Defendant's Lawyers Davidson, William Henry II (South Carolina)
PB-SC-0001-0008 | PB-SC-0001-0009 | PB-SC-0001-9000
Gaskins, E. Brandon (South Carolina)
PB-SC-0001-0004 | PB-SC-0001-9000
Woodington, Kenneth P. (South Carolina)
PB-SC-0001-0008 | PB-SC-0001-0009 | PB-SC-0001-0015 | PB-SC-0001-9000
Other Lawyers Corson, Philip (South Carolina)
PB-SC-0001-0010 | PB-SC-0001-9000
Darwin, Anna Maria (South Carolina)
PB-SC-0001-0010 | PB-SC-0001-9000
Horne, Anderson McClaine (South Carolina)
PB-SC-0001-9000
Mitchell, Kirby (South Carolina)
PB-SC-0001-9000
St. Onge, Sarah (South Carolina)
PB-SC-0001-0010 | PB-SC-0001-9000
Unumb, Daniel (South Carolina)
PB-SC-0001-0010 | PB-SC-0001-9000

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