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Case Name Hickey v. Forkner PB-SC-0002
Docket / Court 4:10-cv-02696 ( D.S.C. )
State/Territory South Carolina
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization Legal Services/Legal Aid
Case Summary
The plaintiff, an individual with a number of disabilities who requires at-home personal care services in order to remain in the community, filed this lawsuit after South Carolina reduced the number of personal care nursing hours available to her. The Plaintiff had been receiving 50 hours of at- ... read more >
The plaintiff, an individual with a number of disabilities who requires at-home personal care services in order to remain in the community, filed this lawsuit after South Carolina reduced the number of personal care nursing hours available to her. The Plaintiff had been receiving 50 hours of at-home care through a Medicaid waiver program, but in late 2009, the state opted to cap the total number of available personal care hours at 28 for non-institutionalized persons. The Plaintiff claimed that this reduction put her at risk of unnecessary institutionalization in violation of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

After filing a complaint in the U.S. District Court for the District of South Carolina on October 19, 2010, the Court (Judge Terry L. Wooten) granted the Plaintiff's motion to prevent the state from reducing her service hours during the course of the litigation on May 5, 2011. At the same time, the Plaintiff pursued an administrative appeal of her service reduction. The Plaintiff ultimately won her administrative appeal and was able to maintain her 50 hours of home care services. As a result, the parties agreed to dismiss the litigation as moot on November 29, 2011.

Beth Kurtz - 02/22/2013


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Content of Injunction
Preliminary relief granted
Defendant-type
Hospital/Health Department
Jurisdiction-wide
Disability
disability, unspecified
Hearing impairment
Integrated setting
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Deinstitutionalization/decarceration
Habilitation (training/treatment)
Public benefits (includes, e.g., in-state tuition, govt. jobs)
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) South Carolina Department of Disabilities and Special Needs
South Carolina Department of Health and Human Services
Plaintiff Description Plaintiff is an elderly individual with multiple severe disabilities. She requires at-home nursing care in order to live in the community and not in a nursing facility.
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 Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2011 - n/a
Case Closing Year 2011
Case Ongoing No
Docket(s)
4:10-cv-2696 (D.S.C.) 12/21/2011
PB-SC-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Injunctive and Declaratory Relief 10/19/2010
PB-SC-0002-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Joint Motion for Consent Order to Maintain Services Pendente Lite 05/03/2011
PB-SC-0002-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 05/05/2011 (D.S.C.)
PB-SC-0002-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Motion to Dismiss Based on Mootness 11/29/2011
PB-SC-0002-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Wooten, Terry L. (D.S.C.) [Magistrate]
PB-SC-0002-0003 | PB-SC-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Davidson, William Henry II (South Carolina)
PB-SC-0002-0001 | PB-SC-0002-0004 | PB-SC-0002-9000
Jackson, Emily E. (South Carolina)
PB-SC-0002-9000
Miller, Emily Jackson (South Carolina)
PB-SC-0002-0001 | PB-SC-0002-0002 | PB-SC-0002-0004
Unumb, Daniel (South Carolina)
PB-SC-0002-0001 | PB-SC-0002-0002 | PB-SC-0002-0004 | PB-SC-0002-9000
Woodington, Kenneth P. (South Carolina)
PB-SC-0002-0001 | PB-SC-0002-0004 | PB-SC-0002-9000
Defendant's Lawyers None on record
Other Lawyers None on record

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