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Case Name Travis D. v. Eastmont Human Services Center ID-MT-0001
Docket / Court 96-63 ( D. Mont. )
State/Territory Montana
Case Type(s) Intellectual Disability (Facility)
Special Collection Olmstead Cases
Attorney Organization Bazelon Center
Case Summary
On August 23, 1996, attorneys for the Montana Advocacy Program and the Public Interest Law Center of Philadelphia filed a class action lawsuit in U.S. District Court for the District of Montana, challenging the conditions of treatment of Montanans with developmental disabilities who were being ... read more >
On August 23, 1996, attorneys for the Montana Advocacy Program and the Public Interest Law Center of Philadelphia filed a class action lawsuit in U.S. District Court for the District of Montana, challenging the conditions of treatment of Montanans with developmental disabilities who were being involuntarily confined in state institutions. Plaintiffs' complaint alleged violations of the Americans with 26 Disabilities Act, 42 U.S.C. §12101 et. seq.; Title XIX of the Social Security Act, 28 U.S.C. §1396 et. seq.; 42 U.S.C. §1983; and the Fourteenth Amendment to the United States Constitution. Plaintiffs specifically alleged that officials of Montana unnecessarily segregated people with developmental disabilities in state institutions (Montana Developmental Center, Eastmont Human Service Center, Montana State Hospital and Montana Mental Health Nursing Care Center), instead of providing effective, family-sized residential and other services in the community. Plaintiffs sought declaratory and injunctive relief.

Our information about the procedural history of the case is limited to the PACER docket. According to the docket, discovery followed the filing of the action.

On December 21, 1998, the District Court (Judge Charles C. Lovell) ordered that all proceedings be stayed pending the United States Supreme Court's ruling in Olmstead vs. L.C. Cause No. 98-536. The parties subsequently briefed the impact of that decision on the case.

The defendants filed motions to dismiss and for summary judgment. On August 29, 2001, all pending motions were denied as moot as plaintiffs filed an amended complaint.

Judge Charles C. Lovell recused himself from all further proceedings on September 9, 2002. The case was reassigned to Judge Donald W. Molloy.

On November 18, 2002, Judge Molloy granted plaintiffs' motion for class certification, defining the class as consisting of "all those individuals with developmental disabilities who are presently, have been or will be residents of the Montana Developmental Center or Eastmont Human Services Center at any time during the period beginning August 23, 1996 and ending on the date of final adjudication of this matter." Defendants' motions to dismiss were denied.

In July 2003, Judge Donald W. Molloy Case referred the case to Judge Carolyn S. Ostby for consideration of plaintiffs' request for a preliminary injunction and for other pre-trial proceedings.

On September 30, 2003 Judge Ostby denied plaintiffs' motion for preliminary injunction and denied the parties' cross-motions for summary judgment. Thereafter, Judge Ostby ordered the parties to participate in mediation.

Following a mediation conference in January, 2004, the parties settled the case. Judge Ostby preliminarily approved the settlement on February 5, 2004 and after a fairness hearing, issued an order approving the settlement and dismissing the case. On June 21, 2004, the Court issued an Amended Judgment, adopting the terms of Class Action Settlement Agreement as an order of Court and retaining jurisdiction over the case for the limited purpose of enforcing the terms of the settlement.

We have no further information on the matter.

Dan Dalton - 04/17/2007


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Issues and Causes of Action
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Issues
Disability
Integrated setting
Least restrictive environment
General
Classification / placement
Confinement/isolation
Deinstitutionalization/decarceration
Education
Individualized planning
Special education
Mental Disability
Developmental disability without intellectual disability
Intellectual/developmental disability, unspecified
Type of Facility
Government-run
Causes of Action Social Security (Title XX), 42 U.S.C. § 1397 et seq.
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) Montana Department of Public Health and Human Services
Montana Developmental Center
Montana Developmental Center
Montana Mental Health Nursing Care Center
Montana State Hospital
Plaintiff Description Individuals with developmental disabilities who are presently, have been or will be residents of the Montana Developmental Center or Eastmont Human Services Center at any time during the period beginning August 23, 1996 until final adjudication.
Indexed Lawyer Organizations Bazelon Center
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2004 - 2004
Case Closing Year 2004
Case Ongoing No
Docket(s)
96-63 (D. Mont.) 07/01/2004
ID-MT-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Fact Sheet
ID-MT-0001-0003.pdf | Detail
Complaint 08/23/1996
ID-MT-0001-0001.pdf | Detail
Correspondence 01/23/1997
ID-MT-0001-0002.pdf | Detail
Judges Ostby, Carolyn S. (D. Mont.) [Magistrate]
ID-MT-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Burnim, Ira Abraham (District of Columbia)
ID-MT-0001-9000
Deola, Linda J. (Montana)
ID-MT-0001-9000
Freed, Alan Jr. (Montana)
ID-MT-0001-0001 | ID-MT-0001-9000
Gallagher, Mary (Montana)
ID-MT-0001-0001
Gilhool, Thomas K. (Pennsylvania)
ID-MT-0001-0001 | ID-MT-0001-9000
Gran, Judith A. (Pennsylvania)
ID-MT-0001-0001
Larose, Andree (Montana)
ID-MT-0001-0001 | ID-MT-0001-0002 | ID-MT-0001-9000
Smith, Allen Jr. (Montana)
ID-MT-0001-0001
Defendant's Lawyers Cater, Russell E. (Montana)
ID-MT-0001-9000
Johnson, Paul D. (Montana)
ID-MT-0001-9000
Kradolfer, Kimberly A. (Montana)
ID-MT-0001-9000
Lund, Cary B. (Montana)
ID-MT-0001-9000
Orr, Katherine J. (Montana)
ID-MT-0001-9000
Seifert, Joseph (Montana)
ID-MT-0001-9000
Other Lawyers None on record

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