University of Michigan Law School
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Case Name Carey v. Christie ID-NJ-0006
Docket / Court 1:12-cv-02522-RMB-AMD ( D.N.J. )
State/Territory New Jersey
Case Type(s) Intellectual Disability (Facility)
Public Benefits / Government Services
Special Collection Olmstead Cases
Case Summary
On April 27, 2012, residents at a state-run facility for women with developmental disabilities filed a class action lawsuit on behalf of the women in their facility in the United States District Court for the District of New Jersey under Section 1983, the Americans with Disabilities Act ("ADA"), ... read more >
On April 27, 2012, residents at a state-run facility for women with developmental disabilities filed a class action lawsuit on behalf of the women in their facility in the United States District Court for the District of New Jersey under Section 1983, the Americans with Disabilities Act ("ADA"), and Section 504 of the Rehabilitation Act of 1973 ("Section 504") against the state of New Jersey. The plaintiffs, represented by private counsel, asked the court for various forms of injunctive relief, claiming that the state was in violation of the ADA, Section 504, the Medicaid Act, and plaintiffs' substantive due process rights. Specifically, the plaintiffs claimed that discharges or transfers were being forced upon plaintiffs without their consent, or the consent of their guardians or families; that plaintiffs were being discharged from the Vineland Developmental Center to other settings in violation of Section 504's mandate that the state implement its services and programs in "the most integrated setting appropriate" to meet plaintiffs' needs; that defendants have not met plaintiffs' needs under their multidisciplinary plans according to the Medicaid Act; and that plaintiffs' substantive due process rights were being violated by placing plaintiffs in other settings, subjecting them to an increased likelihood of injury and death from abuse, neglect, error, and lack of appropriate services.

On March 19, 2013, the Court (District Judge Renée Marie Bumb) granted the State's motion to dismiss, stating only that it was granting the motion for "the reasons stated at oral argument." No transcript of the proceeding is available. The Court allowed plaintiffs 45 days to file an amended complaint.

However, on May 2, 2013, plaintiffs asked the Court to grant a voluntary dismissal. The plaintiffs stated that they would "wait until the inevitable harm by the State becomes more evident and imminent," and that they would "seek to restart or to revive this litigation when appropriate." The Court granted plaintiffs' request and dismissed the action on May 6, 2013.

Dan Whitman - 09/19/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Benefit Source
Medicaid
Constitutional Clause
Due Process
Defendant-type
Housing Authority
Disability
Mental impairment
General
Access to public accommodations - governmental
Deinstitutionalization/decarceration
Discharge & termination plans
Funding
Government Services (specify)
Habilitation (training/treatment)
Placement in mental health facilities
Medical/Mental Health
Intellectual/Developmental Disability
Mental Disability
Autism
Cerebral palsy
Developmental disability without intellectual disability
Intellectual/developmental disability, unspecified
Mental Illness, Unspecified
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) State of New Jersey
Plaintiff Description Putative class of New Jersey residents who reside or resided at the Vineland Developmental Center at anytime since April 25, 2010, or at any time during the litigation.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None yet
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year 2013
Case Ongoing No
Docket(s)
1:12-cv-02522-RMB-AMD (D.N.J.) 05/06/2013
ID-NJ-0006-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 04/27/2012
ID-NJ-0006-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint 01/11/2013
ID-NJ-0006-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Motion To Dismiss Pursuant to Fed. R. Civ. P. 12(b) 02/08/2013
ID-NJ-0006-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Brief in Opposition to Motion To Dismiss 03/04/2013
ID-NJ-0006-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Motion To Dismiss 03/19/2013
ID-NJ-0006-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Plaintiffs' Request for Voluntary Dismissal 05/06/2013 (D.N.J.)
ID-NJ-0006-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Bumb, Renee Marie (D.N.J.)
ID-NJ-0006-0005 | ID-NJ-0006-0006 | ID-NJ-0006-9000
Monitors/Masters None on record
Plaintiff's Lawyers Archer, Thomas A. (Pennsylvania)
ID-NJ-0006-0001 | ID-NJ-0006-0002 | ID-NJ-0006-0004 | ID-NJ-0006-9000
York, Thomas B. (Pennsylvania)
ID-NJ-0006-0001 | ID-NJ-0006-0002 | ID-NJ-0006-0004
Defendant's Lawyers Hughes, Gerard Andrew (New Jersey)
ID-NJ-0006-0003 | ID-NJ-0006-9000
Other Lawyers Cheng, Christopher N. (District of Columbia)
ID-NJ-0006-9000

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