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Case Name Gieseking v. Schafer ID-MO-0001
Docket / Court 86-4636 ( W.D. Mo. )
State/Territory Missouri
Case Type(s) Intellectual Disability (Facility)
Case Summary
In 1986, developmentally disabled citizens of the state of Missouri filed a class action lawsuit under 42 U.S.C. §1983 and the Developmental Disabilities Act of 1984 (42 U.S.C. §6000), against the state of Missouri in the U.S. District Court for the Western District of Missouri. The ... read more >
In 1986, developmentally disabled citizens of the state of Missouri filed a class action lawsuit under 42 U.S.C. §1983 and the Developmental Disabilities Act of 1984 (42 U.S.C. §6000), against the state of Missouri in the U.S. District Court for the Western District of Missouri. The plaintiffs alleged that their rights had been violated by Missouri's failure to develop and implement individual habilitation plans for them.

On August 13, 1987, the U.S. District Court for the Western District of Missouri (Judge Scott O. Wright) held that the state's program received federal funds under the Developmental Disabilities Act (DD Act), and thus the state was required to ensure that each individual found to be developmentally disabled had a habilitation plan or received appropriate services. The court also held that the individual plaintiffs had a private cause of action to enforce the provisions of the DD Act requiring assurances in the state plan that services were provided in an individualized manner. Finally, the court held that a voluntarily confined individual's due process liberty interests were not violated by the state's failure to place the individual in community placement after a professional recommendation that he be so placed. Gieseking v. Schafer, 672 F.Supp. 1249 (W.D.Mo. 1987).

The court appointed a Special Master, and on January 20, 1989, the district court (Judge Wright) adopted the Master's recommendation that the plaintiffs' claims be dismissed, holding that the defendants were in substantial compliance with the DD Act. The court then ordered that all parties bear their own costs for this litigation.

We have no further information on the proceedings in this case.

Kristen Sagar - 08/07/2006


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Issues and Causes of Action
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Issues
General
Habilitation (training/treatment)
Medical/Mental Health
Intellectual disability/mental illness dual diagnosis
Mental Disability
Intellectual/developmental disability, unspecified
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.
Defendant(s) State of Missouri
Plaintiff Description developmentally disabled citizens of the state of Missouri
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Unknown
Docket(s)
No docket sheet currently in the collection
General Documents
Order 08/13/1987 (672 F.Supp. 1249) (W.D. Mo.)
ID-MO-0001-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judgment in a Civil Case 01/01/1989 (W.D. Mo.)
ID-MO-0001-0002.pdf | Detail
Order 01/20/1989 (W.D. Mo.)
ID-MO-0001-0003.pdf | Detail
Judges Wright, Scott Olin (W.D. Mo.)
ID-MO-0001-0002 | ID-MO-0001-0004
Monitors/Masters None on record
Plaintiff's Lawyers Bertling, Roger J. (Missouri)
ID-MO-0001-0004
Lever, Ann B. (Missouri)
ID-MO-0001-0004
Defendant's Lawyers Leykam, JoAnn (Missouri)
ID-MO-0001-0004
Schmidt, Christy (Missouri)
ID-MO-0001-0004
Tansey, Mary Stewart (Missouri)
ID-MO-0001-0004
Other Lawyers None on record

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