University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Michael T. v. Bowling PB-WV-0003
Docket / Court 2:15-cv-09655 ( S.D. W. Va. )
State/Territory West Virginia
Case Type(s) Public Benefits / Government Services
Special Collection Olmstead Cases
Case Summary
On July 9, 2015, West Virginia residents with intellectual and developmental disabilities, who participate in West Virginia's I/DD Waiver Program filed this class action lawsuit in the United States District Court for the Southern District of West Virginia. The plaintiffs sued the West Virginia ... read more >
On July 9, 2015, West Virginia residents with intellectual and developmental disabilities, who participate in West Virginia's I/DD Waiver Program filed this class action lawsuit in the United States District Court for the Southern District of West Virginia. The plaintiffs sued the West Virginia Department of Heath and Human Resources (DHHR) under 42 U.S.C. §1983, Title II of the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act. The plaintiffs, represented by Mountain State Justice, asked the court for injunctive and declaratory relief claiming that the West Virginia DHHR had not followed statutory guidance in determining the amount of waiver support they receive under the I/DD Waiver Program. Individuals under the I/DD waiver program receive waiver benefits which help them live outside institutions and be integrated into the community.

The plaintiffs filed an amended complaint on September 28, 2015, alleging that in late September, DHHR changed the policy to appeal for additional benefits beyond a calculated level and began automatically or routinely denying efforts to move through the process to reinstate benefit levels above the calculations. The plaintiffs are at risk of being institutionalized or losing their placements in community-living settings. As of September 30, 2015, the case is ongoing.

Kate Craddock - 09/29/2015


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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
Least restrictive environment
General
Funding
Housing assistance
Placement in mental health facilities
Plaintiff Type
Private Plaintiff
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) West Virginia Department of Health and Human Resources
Plaintiff Description West Virginia residents with intellectual and developmental disabilities, who participate in West Virginia’s I/DD Waiver Program
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Pending
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)
2:15-cv-09655 (S.D. W. Va.) 09/28/2015
PB-WV-0003-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 07/09/2015
PB-WV-0003-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum of Law in Support of Defendant's Motion to Dismiss Plaintiff's Complaint 09/14/2015
PB-WV-0003-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint 09/28/2015
PB-WV-0003-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Johnston, Thomas E. (S.D. W. Va.)
PB-WV-0003-0003 | PB-WV-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Milnes, Lydia C. (West Virginia)
PB-WV-0003-0001 | PB-WV-0003-0003 | PB-WV-0003-9000
Pomponio, Bren (West Virginia)
PB-WV-0003-0001 | PB-WV-0003-0003 | PB-WV-0003-9000
Smith, Gary M. (Ohio)
PB-WV-0003-0001 | PB-WV-0003-0003 | PB-WV-0003-9000
Defendant's Lawyers Barker, Shruti C. (District of Columbia)
PB-WV-0003-9000
Brown, Caroline M. (District of Columbia)
PB-WV-0003-0002 | PB-WV-0003-0003 | PB-WV-0003-9000
Peisch, Philip (District of Columbia)
PB-WV-0003-0002 | PB-WV-0003-0003 | PB-WV-0003-9000
Stitzinger, Kimberly L. (West Virginia)
PB-WV-0003-0002 | PB-WV-0003-0003 | PB-WV-0003-9000
Other Lawyers None on record

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