University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Billy A. & Miss. Coalition for Citizens with Disabilities v. Lewis-Payton PB-MS-0001
Docket / Court 3:02-cv-00475-HTW-JCS ( S.D. Miss. )
State/Territory Mississippi
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization Steve Gold
Case Summary
Five individuals with disabilities and the Mississippi Coalition for Citizens with Disabilities filed this class action lawsuit in the U.S. District Court for the Southern District of Mississippi on May 17, 2002. The plaintiffs argued that they were unnecessarily institutionalized (or at risk of ... read more >
Five individuals with disabilities and the Mississippi Coalition for Citizens with Disabilities filed this class action lawsuit in the U.S. District Court for the Southern District of Mississippi on May 17, 2002. The plaintiffs argued that they were unnecessarily institutionalized (or at risk of unnecessary institutionalization) due to a lack of adequate community-based habilitation and support services. Plaintiffs claim that Mississippi's policy of only providing certain necessary services in institutional settings violates the Americans with Disabilities Act, the federal Medicaid Act, and Section 504 of the Rehabilitation Act.

The parties entered a period of discovery, and the court (Judge Henry T. Wingate) certified the class on September 30, 2003. Ultimately, the parties entered a settlement in June 2005. The settlement will allow the class to receive services in their communities through a Medicaid waiver. It will also create opportunities for individuals residing in nursing homes to transition to the community. The Defendants generally agreed to increase funding for Waiver programs and to create additional support services that will allow recipients to access what they need to remain in the community. The agreement set up a series of implementation deadlines, with the latest in 2008.

Beth Kurtz - 04/26/2013


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Content of Injunction
Discrimination Prohibition
Monitor/Master
Monitoring
Preliminary relief granted
Reasonable Accommodation
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
Habilitation (training/treatment)
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Wait lists
Plaintiff Type
Private Plaintiff
Causes of Action Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Mississippi Department of Human Services
Mississippi Department of Rehabilitation Services
Mississippi Division of Medicaid
Plaintiff Description Plaintiffs are individuals with disabilities who are or will be unnecessarily institutionalized due to a lack of community-based services.
Indexed Lawyer Organizations Steve Gold
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2003 - 2008
Case Closing Year 2003
Case Ongoing No
Docket(s)
3:02-cv-00475-HTW-JCS (S.D. Miss.) 06/28/2005
PB-MS-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Settlement Agreement 06/23/2005
PB-MS-0001-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Sumner, James C. Jr. (S.D. Miss.) [Magistrate]
PB-MS-0001-9000
Wingate, Henry Travillion (S.D. Miss.)
PB-MS-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Comstock-Galagan, Jim (Mississippi)
PB-MS-0001-0001 | PB-MS-0001-9000
Gold, Stephen F. (Pennsylvania)
PB-MS-0001-0001 | PB-MS-0001-9000
McDuff, Robert B. (Mississippi)
PB-MS-0001-9000
O'Connell, Maureen (Maryland)
PB-MS-0001-0001 | PB-MS-0001-9000
Defendant's Lawyers Hood, Jim (Mississippi)
PB-MS-0001-0001
Moore, Rikey T. (Mississippi)
PB-MS-0001-9000
Pizzetta, Harold Edward III (Mississippi)
PB-MS-0001-0001 | PB-MS-0001-9000
Other Lawyers None on record

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