University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Carranza v. Douglas PB-CA-0039
Docket / Court 2:12-cv-02928 ( E.D. Cal. )
State/Territory California
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization NDRN/Protection & Advocacy Organizations
Case Summary
The Plaintiff is a 21-year-old with muscular dystrophy. He qualifies for care in a Subacute Medical Facility but is able to remain in the community so long as he receives extensive nursing care in his home. When the Plaintiff turned 21 in September 2012, the state reduced his nursing care by 200 ... read more >
The Plaintiff is a 21-year-old with muscular dystrophy. He qualifies for care in a Subacute Medical Facility but is able to remain in the community so long as he receives extensive nursing care in his home. When the Plaintiff turned 21 in September 2012, the state reduced his nursing care by 200 hours per month due to his new categorization as an adult. The state provides fewer nursing hours to adults than to children. Despite this change, he alleges that his condition remains the same, and without adequate nursing care in his home, he would need to be institutionalized. The Plaintiff filed this complaint in the U.S. District Court for the Eastern District of California on December 4, 2012, alleging that the reduction in nursing hours puts him at serious risk of unnecessary institutionalization in violation of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

The case is currently pending before Judge William B. Shubb. The Defendants have received several extensions of responsive pleading deadlines.

Beth Kurtz - 02/22/2013


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Defendant-type
Hospital/Health Department
Jurisdiction-wide
Disability
Integrated setting
Least restrictive environment
Mobility 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) California Department of Health Care Services
Plaintiff Description Plaintiff is a 21-year-old with muscular dystrophy. He requires extensive home nursing care to allow him to live in the community.
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 None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Docket(s)
2:12-cv-02928-WBS-GGH (E.D. Cal.) 08/02/2013
PB-CA-0039-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 12/04/2012
PB-CA-0039-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order for Dismissal 08/01/2013 (E.D. Cal.)
PB-CA-0039-0002.pdf | Detail
Document Source: Bloomberg Law
Judges Shubb, William B. (E.D. Cal.)
PB-CA-0039-0002 | PB-CA-0039-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bird, Melinda R. (California)
PB-CA-0039-9000
Coleman, Jacquline Yvonne (California)
PB-CA-0039-9000
Iriarte, Maria F. (California)
PB-CA-0039-0001 | PB-CA-0039-9000
Marley, Debra Back (California)
PB-CA-0039-0001 | PB-CA-0039-9000
Newman, Robert D. Jr. (California)
PB-CA-0039-9000
Tawatao, Rau Mona (California)
PB-CA-0039-9000
Defendant's Lawyers Armstrong, Rebecca M. (California)
PB-CA-0039-9000
Read-Spangler, Kara (California)
PB-CA-0039-9000
Other Lawyers None on record

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