University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Marlo M. v. Cansler PB-NC-0005
Docket / Court 5:09-cv-535 ( E.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
Plaintiffs, individuals with dual diagnoses of mental illness (MI) and developmental disabilities (DD), filed this lawsuit in the U.S. District Court for the Eastern District of North Carolina to challenge North Carolina's termination of state funding for their community-based services. Each ... read more >
Plaintiffs, individuals with dual diagnoses of mental illness (MI) and developmental disabilities (DD), filed this lawsuit in the U.S. District Court for the Eastern District of North Carolina to challenge North Carolina's termination of state funding for their community-based services. Each plaintiff received home-based care through federal Medicaid waiver services and supplemental state funds for those with MI/DD dual diagnoses. When the state announced that it would end the supplemental state-funded services, the plaintiffs challenged this determination as a violation of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

The Plaintiffs filed a complaint on December 11, 2009, along with a motion for a temporary restraining order and preliminary injunction. The court (Judge Terrence W. Boyle) granted the temporary restraining order on December 14th. The United States (Department of Justice) filed a brief supporting the Plaintiffs' motion for preliminary injunction on December 23, 2009. After a hearing held on December 28, 2009, the court granted a preliminary injunction that prevented the state from reducing Plaintiffs' services. On January 14, 2010, Judge Boyle issued a written opinion granting the preliminary injunction, explaining that the Plaintiffs have demonstrated irreparable harm and are likely to succeed on the merits of their claim of an ADA violation in these service reductions.

The parties continued with discovery and mediation until the spring of 2011. At that time, the parties entered into a private settlement agreement, likely continuing the services that the Plaintiffs were receiving. The parties agreed to dismiss the case on June 13, 2011.

Beth Kurtz - 02/21/2013


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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
Funding
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) Beacon Center Local Management Entity
NC Department of Health and Human Services
Plaintiff Description Plaintiffs are individuals with dual diagnoses of developmental disabilities and mental illness who receive community-based support services through a federal Medicaid waiver program and supplemental state funds.
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
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
Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2011 - n/a
Case Closing Year 2011
Case Ongoing No
Docket(s)
5:09−cv−00535 (E.D.N.C.) 06/13/2011
PB-NC-0005-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 12/11/2009
PB-NC-0005-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum in Support of Motion for Temporary Restraining Order and Preliminary Injunction 12/11/2009
PB-NC-0005-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Motion for Temporary Restraining Order and Preliminary Injunction 12/11/2009
PB-NC-0005-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Temporary Restraining Order 12/14/2009 (E.D.N.C.)
PB-NC-0005-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
United States' Memorandum as Amicus Curiae in Support of Plaintiffs' Motion for Preliminary Injunction 12/23/2009
PB-NC-0005-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Preliminary Injunction 01/14/2010 (679 F.Supp.2d 635) (E.D.N.C.)
PB-NC-0005-0006.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation of Voluntary Dismissal with Prejudice 06/13/2011
PB-NC-0005-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Boyle, Terrence William (E.D.N.C.)
PB-NC-0005-0004 | PB-NC-0005-0006 | PB-NC-0005-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bills, Jennifer Leah (North Carolina)
PB-NC-0005-0001 | PB-NC-0005-0002 | PB-NC-0005-0003 | PB-NC-0005-0007 | PB-NC-0005-9000
Rittelmeyer, John R. (North Carolina)
PB-NC-0005-0001 | PB-NC-0005-0002 | PB-NC-0005-0003 | PB-NC-0005-0007 | PB-NC-0005-9000
Stiles, Holly A. (North Carolina)
PB-NC-0005-0001 | PB-NC-0005-0002 | PB-NC-0005-0003
Defendant's Lawyers Brewer, Christopher P. (North Carolina)
PB-NC-0005-0007 | PB-NC-0005-9000
Corbett, Lisa G. (North Carolina)
PB-NC-0005-0007 | PB-NC-0005-9000
Hayman, Wilson (North Carolina)
PB-NC-0005-0007 | PB-NC-0005-9000
Other Lawyers Bagenstos, Samuel R. (District of Columbia)
PB-NC-0005-0005
Breen, Philip L. (District of Columbia)
PB-NC-0005-0005
Holder, Eric H. Jr. (District of Columbia)
PB-NC-0005-0005
Holding, George E.B. (North Carolina)
PB-NC-0005-0005
Knight, David W. (District of Columbia)
PB-NC-0005-0005 | PB-NC-0005-9000
Perez, Thomas E. (District of Columbia)
PB-NC-0005-0005
Renfer, R. A. Jr. (North Carolina)
PB-NC-0005-0005
Wodatch, John L. (District of Columbia)
PB-NC-0005-0005
Wohlenhaus, Renee M. (District of Columbia)
PB-NC-0005-0005

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