University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name U.S. v. Arkansas ID-AR-0003
Docket / Court 4:10-cv-00327-JLH ( E.D. Ark. )
State/Territory Arkansas
Case Type(s) Disability Rights-Pub. Accom.
Intellectual Disability (Facility)
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On May 6, 2010, the United States Department of Justice ("DOJ") filed a complaint in the United States District Court for the Eastern District of Arkansas under Title II of the Americans With Disabilities Act ("ADA") against the State of Arkansas. The Department of Justice asked the court to issue ... read more >
On May 6, 2010, the United States Department of Justice ("DOJ") filed a complaint in the United States District Court for the Eastern District of Arkansas under Title II of the Americans With Disabilities Act ("ADA") against the State of Arkansas. The Department of Justice asked the court to issue an injunction, claiming that the State discriminates against people with developmental disabilities by not providing programs that are the most appropriate for their needs. Specifically, the DOJ claimed that in administering developmental disability services, the State of Arkansas unnecessarily segregates and isolates persons with disabilities from the community.

Previously, the DOJ had filed suit against the State of Arkansas (ID-AR-002) and the Conway Human Development Center ("CHDC") alleging that the manner in which the State provides services to persons with disabilities residing in the CHDC violated the Fourteenth Amendment, the ADA, and the Disabilities Education Act. The DOJ moved to dismiss Count II of the CHDC complaint in order to pursue the statewide action.

The State moved to dismiss the case, arguing that the DOJ did not fulfill the procedural requirements to bring suit under Title II of the ADA, as stated in the Code of Federal Regulations. The regulations set forth an administrative process, that prior to filing a lawsuit, that requires a complaint by an individual of discrimination to an agency with jurisdiction over the subject matter, an attempt at an informal resolution, issuance of a formal letter of compliance or noncompliance, and a referral by the federal agency to the Attorney General for enforcement. On January 24, 2011, the District Court (Judge J. Leon Holmes) dismissed the case without prejudice because the court found that the DOJ had not followed the administrative process set forth in the regulations.

Ashley Grolig - 09/21/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Defendant-type
Jurisdiction-wide
Disability
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Access to public accommodations - governmental
Classification / placement
Deinstitutionalization/decarceration
Government Services (specify)
Reassessment and care planning
Medical/Mental Health
Intellectual/Developmental Disability
Mental Disability
Intellectual/developmental disability, unspecified
Plaintiff Type
U.S. Dept of Justice plaintiff
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) State of Arkansas
Plaintiff Description United States of America - Department of Justice
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2011
Case Ongoing No
Case Listing ID-AR-0002 : USA v. Arkansas (E.D. Ark.)
Docket(s)
4:10-cv-00327-JLH (E.D. Ark.) 01/24/2011
ID-AR-0003-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 05/06/2010
ID-AR-0003-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [requiring DOJ to file pleading why case should not be assigned to Judge Holmes] 05/13/2010 (E.D. Ark.)
ID-AR-0003-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [deferring to Judge Holmes on whether case should be reassigned to his docket] 05/27/2010 (E.D. Ark.)
ID-AR-0003-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion and Order [dismissing the complaint without prejudice] 01/24/2011 (2011 WL 251107) (E.D. Ark.)
ID-AR-0003-0004.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Holmes, James Leon (E.D. Ark.)
ID-AR-0003-0004 | ID-AR-0003-9000
Wright, Susan Webber (E.D. Ark., W.D. Ark., FISC)
ID-AR-0003-0002 | ID-AR-0003-0003
Monitors/Masters None on record
Plaintiff's Lawyers Bagenstos, Samuel R. (District of Columbia)
ID-AR-0003-0001 | ID-AR-0003-9000
Coon, Laura (District of Columbia)
ID-AR-0003-9000
Cuncannan, Jacqueline (District of Columbia)
ID-AR-0003-9000
Donnelly, Matthew J. (District of Columbia)
ID-AR-0003-9000
Herman, Vincent P. (District of Columbia)
ID-AR-0003-0001 | ID-AR-0003-9000
Perez, Thomas E. (District of Columbia)
ID-AR-0003-0001 | ID-AR-0003-9000
Preston, Judith C. (District of Columbia)
ID-AR-0003-0001 | ID-AR-0003-9000
Tayloe, Benjamin O. (District of Columbia)
ID-AR-0003-0001 | ID-AR-0003-9000
Defendant's Lawyers Robinson, Sherri L. (Arkansas)
ID-AR-0003-9000
Robinson, Brandon C. (Arkansas)
ID-AR-0003-9000
Other Lawyers None on record

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