University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Arc of Virginia v. Kaine PB-VA-0002
Docket / Court 3:09-cv-00686-REP ( E.D. Va. )
State/Territory Virginia
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization NDRN/Protection & Advocacy Organizations
Case Summary
After a study of the Southeastern Virginia Training Center (SEVTC) revealed that essentially all of the individuals in the institution could be placed in the community, the Governor of Virginia announced his desire to close SEVTC. Contemplating revisions to the services Virginia provides to ... read more >
After a study of the Southeastern Virginia Training Center (SEVTC) revealed that essentially all of the individuals in the institution could be placed in the community, the Governor of Virginia announced his desire to close SEVTC. Contemplating revisions to the services Virginia provides to individuals with intellectual disabilities, the state legislature created a new plan to fund the construction of new Intermediate Care Facilities and to build a new and modern SEVTC with 75 beds. The Arc of Virginia inferred from that plan that 75 individuals currently placed in SEVTC would be moved to the new facility, and sued in the U.S. District Court for the Eastern District of Virginia to enjoin the state from constructing the new facility, claiming that the diversion of state resources toward building a new institution violates the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. The Arc claimed that the state must provide services in the most integrated setting possible, and that the diversion of funds toward the construction of a new institution violates this command.

On December 17, 2009, the court (Judge Robert E. Payne) granted the Defendants' motion to dismiss, finding that the Plaintiffs' claims were not ripe. The Plaintiffs had not alleged that a current live controversy existed because it was not clear that placement decisions had been made or that the 75 beds in the new facility would be filled by residents of the current SEVTC facility. The state legislature may generally choose to create and structure its provision of services to people with disabilities. The court held that "it is possible that the placement decisions, when made, may offend federal law. But, that will depend on future actions and there is no indication now that Virginia's decisional process is unlawful or that persons will be placed in settings that are inappropriate to their individual needs or at odd with their choice."

Several years later, the DOJ and Virginia settled a procedurally unrelated Olmstead case dealing with the same issues. That case is PB-VA-0003 in the Clearinghouse.

Beth Kurtz - 02/15/2013


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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
Classification / placement
Deinstitutionalization/decarceration
Medical/Mental Health
Intellectual/Developmental Disability
Mental Disability
Intellectual/developmental disability, unspecified
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
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 Virginia
Plaintiff Description The Arc of Virginia is an organization that advocates for the rights and full participation of all children and adults with intellectual and developmental disabilities.
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Preliminary injunction / Temp. restraining order
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2010
Case Ongoing No
Docket(s)
3:09-cv-686 (E.D. Va.) 10/12/2010
PB-VA-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Plaintiff's Motion for a Preliminary Injunction 10/27/2009
PB-VA-0002-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Complaint 10/27/2009
PB-VA-0002-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum of Law in Support of Plaintiff's Motion for a Preliminary Injunction 10/27/2009
PB-VA-0002-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum of Law in Opposition to Plaintiffs' Motion for Preliminary Injunction 11/12/2009
PB-VA-0002-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Motion to Dismiss 11/12/2009
PB-VA-0002-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum of Law in Support of Motion to Dismiss 11/12/2009
PB-VA-0002-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Dismiss 11/19/2009
PB-VA-0002-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
United States' Memorandum of Law as Amicus Curiae in Opposition to Defendants' Motion to Dismiss 11/24/2009
PB-VA-0002-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion 12/17/2009 (2009 WL 4884533) (E.D. Va.)
PB-VA-0002-0005.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 12/17/2009 (E.D. Va.)
PB-VA-0002-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Payne, Robert E. (E.D. Va.)
PB-VA-0002-0005 | PB-VA-0002-0010 | PB-VA-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Ek, Kalena Cimone Marie (Virginia)
PB-VA-0002-0001 | PB-VA-0002-0002 | PB-VA-0002-0008 | PB-VA-0002-9000
Martinis, Jonathan Gerald (Virginia)
PB-VA-0002-0001 | PB-VA-0002-0002 | PB-VA-0002-0008 | PB-VA-0002-9000
Defendant's Lawyers Hall, Stephen Michael (Virginia)
PB-VA-0002-0007
Hickey, Jane D. (Virginia)
PB-VA-0002-0007
Johnson, David E. (Virginia)
PB-VA-0002-0007
Kaine, Tim (Virginia)
PB-VA-0002-9000
Matsen, Maureen Riley (Virginia)
PB-VA-0002-0007
Messitt, Peter R. (Virginia)
PB-VA-0002-0007
Mims, William C. (Virginia)
PB-VA-0002-0007
Moore, Ishneila I.G. (Virginia)
PB-VA-0002-0004 | PB-VA-0002-0006 | PB-VA-0002-0007 | PB-VA-0002-9000
Other Lawyers Bagenstos, Samuel R. (District of Columbia)
PB-VA-0002-0009
Breen, Philip L. (District of Columbia)
PB-VA-0002-0009
Delaney, Sheila K. (District of Columbia)
PB-VA-0002-0009 | PB-VA-0002-9000
Macbride, Neil H (Virginia)
PB-VA-0002-0009
Mcintosh, Robert P (Virginia)
PB-VA-0002-0009 | PB-VA-0002-9000
Perez, Thomas E. (District of Columbia)
PB-VA-0002-0009
Prillaman, Debra Jean (Virginia)
PB-VA-0002-9000
Wodatch, John L. (District of Columbia)
PB-VA-0002-0009
Wohlenhaus, Renee M. (District of Columbia)
PB-VA-0002-0009

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