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Case Name Clinton L. v. Cansler PB-NC-0004
Docket / Court 1:10-cv-00123 ( M.D. N.C. )
State/Territory North Carolina
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization NDRN/Protection & Advocacy Organizations
Case Summary
The Plaintiffs are individuals with dual diagnoses of intellectual disabilities and mental illness who receive 24-hour in-home care through North Carolina Medicaid, administered in their county by Piedmont Behavioral Healthcare (PBH) (the local management entity). The Plaintiffs receive care ... read more >
The Plaintiffs are individuals with dual diagnoses of intellectual disabilities and mental illness who receive 24-hour in-home care through North Carolina Medicaid, administered in their county by Piedmont Behavioral Healthcare (PBH) (the local management entity). The Plaintiffs receive care through the state-funded "Supervised Living" service and the North Carolina "Innovations Waiver." In early 2010, PBH announced that it was reducing reimbursement rates for service providers. On February 11, 2010, Plaintiffs filed this lawsuit in the U.S. District Court for the Middle District of North Carolina challenging these rate reductions and alleging that the reductions will ultimately reduce the services that allow the plaintiffs to live in the community. Plaintiffs alleged that this risk of unnecessary institutionalization amounted to a violation of the Americans with Disabilities Act (under the Supreme Court ruling Olmstead v. L.C.) and Section 504 of the Rehabilitation Act of 1973.

The Plaintiffs filed a motion for preliminary injunction, and the United States filed a statement in support of this motion. On May 12, 2010, the court (Judge James A. Beaty) denied the motion in part (in declining to enjoin the rate reductions or otherwise set specific reimbursement rates) but granted it in limited part, ordering the Defendants to ensure that all Plaintiffs are provided with community-based care throughout the course of this litigation.

Discovery proceeded. The Defendants filed a motion to dismiss on August 16, 2010. Ultimately, the court denied this motion in June 2011, and also denied the Plaintiffs' request to appoint a special master to oversee the allocation of services to the Plaintiffs. After several more months of discovery, the Defendants filed a motion for summary judgment on January 17, 2012, claiming that although there had been some service changes, each plaintiff lives in the community and faces no risk of institutionalization due to the current reimbursement rates. On October 31, 2012, the court denied the motion for summary judgment, finding that issues of fact as to the risk of institutionalization that the plaintiffs currently face.

The case is ongoing.

Beth Kurtz - 02/06/2013


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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
Integrated setting
Least restrictive environment
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Deinstitutionalization/decarceration
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Medical/Mental Health
Intellectual disability/mental illness dual diagnosis
Intellectual/Developmental Disability
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) NC Department of Health and Human Services
Piedmont Behavioral Healthcare (PBH)
Plaintiff Description Plaintiffs are individuals with developmental disabilities and mental illness. They receive 24-hour care through a Medicaid Supervised Living program.
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
None yet
Preliminary injunction / Temp. restraining order
Source of Relief Litigation
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-00123 (M.D. N.C.) 01/15/2013
PB-NC-0004-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint-Class Action 02/11/2010
PB-NC-0004-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Motion for Temporary Restraining Order and Preliminary Injunction 02/11/2010
PB-NC-0004-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum in Support of Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injuction 02/11/2010
PB-NC-0004-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Statement of Interest of the United States of America 02/16/2010
PB-NC-0004-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Renewed Motion for Preliminary Injuction 04/07/2010
PB-NC-0004-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum in Support of Plaintiffs' Renewed in Motion for Preliminary Injunction 04/07/2010
PB-NC-0004-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order on Motion for Preliminary Injunction 05/12/2010 (M.D. N.C.)
PB-NC-0004-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Motion to Dismiss 08/16/2010
PB-NC-0004-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Memorandum of Law in Support of Motion to Dimiss 08/16/2010
PB-NC-0004-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Motion to Appoint a Special Master 03/15/2011
PB-NC-0004-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum in Support of Plaintiff's Motion to Appoint a Special Master 03/15/2011
PB-NC-0004-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order on Motion to Dismiss 06/15/2011 (M.D. N.C.)
PB-NC-0004-0016.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendant Cansler's Motion for Summary Judgment 01/17/2012
PB-NC-0004-0012.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendant Coughlin's Memorandum in Support of Motion For Summary of Motion for Summary Judgment 01/17/2012
PB-NC-0004-0013.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendant Coughlin's Motion for Summary Judgment 01/17/2012
PB-NC-0004-0014.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order and Opinion Denying Summary Judgment 10/31/2012 (2012 WL 5381488 / 2012 U.S.Dist.LEXIS 155827) (M.D. N.C.)
PB-NC-0004-0015.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Beaty, James A. Jr. (M.D. N.C.)
PB-NC-0004-0007 | PB-NC-0004-0015 | PB-NC-0004-0016
Monitors/Masters None on record
Plaintiff's Lawyers Bagenstos, Samuel R. (District of Columbia)
PB-NC-0004-0004
Beck, Gill P. (North Carolina)
PB-NC-0004-0004 | PB-NC-0004-9000
Bills, Jennifer L. (Massachusetts)
PB-NC-0004-0001 | PB-NC-0004-0002 | PB-NC-0004-0003 | PB-NC-0004-0005 | PB-NC-0004-0006 | PB-NC-0004-0010
Holder, Eric H. Jr. (District of Columbia)
PB-NC-0004-0004
Perez, Thomas E. (District of Columbia)
PB-NC-0004-0004
Rittelmeyer, John R. (North Carolina)
PB-NC-0004-0001 | PB-NC-0004-0002 | PB-NC-0004-0003 | PB-NC-0004-0005 | PB-NC-0004-0006 | PB-NC-0004-0010 | PB-NC-0004-0011 | PB-NC-0004-9000
Strickland, Andrew B. (North Carolina)
PB-NC-0004-0001 | PB-NC-0004-0002 | PB-NC-0004-0003 | PB-NC-0004-0005 | PB-NC-0004-0006 | PB-NC-0004-0010
Defendant's Lawyers Corbett, Lisa G. (North Carolina)
PB-NC-0004-0008 | PB-NC-0004-0009 | PB-NC-0004-0012 | PB-NC-0004-9000
Hollowell, Wallace C. (North Carolina)
PB-NC-0004-0008 | PB-NC-0004-0009 | PB-NC-0004-9000
Martin, Stephen D. (North Carolina)
PB-NC-0004-0008 | PB-NC-0004-0009 | PB-NC-0004-0013 | PB-NC-0004-0014 | PB-NC-0004-9000
Other Lawyers None on record

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