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Case Name Emily Q. v. Bonta PB-CA-0010
Docket / Court 2:98-cv-04181 ( C.D. Cal. )
State/Territory California
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization ACLU of Southern California
Bazelon Center
NDRN/Protection & Advocacy Organizations
Case Summary
On May 27, 1998 a group of seven children with intensive mental health needs who were eligible for Medi-Cal benefits filed suit against the California Department of Health Services in the Federal District Court for the Central District of California alleging violations of the Medicaid Act. They ... read more >
On May 27, 1998 a group of seven children with intensive mental health needs who were eligible for Medi-Cal benefits filed suit against the California Department of Health Services in the Federal District Court for the Central District of California alleging violations of the Medicaid Act. They contended they were entitled under federal law to mental health benefits that were being denied to them, specifically Therapeutic Behavioral Services (TBS). They sought injunctive relief requiring that the defendant cover TBS.

On February 24, 1999 the district court (Judge William D. Keller) issued a preliminary injunction requiring that the defendant acknowledge that the Medi-Cal program covered TBS, implement procedures whereby plaintiffs could request TBS, and inform members of the putative class that they could request TBS. On May 4, 1999 the district court (Judge Keller) certified a state-wide class consisting of all current and future beneficiaries of the Medi-Cal Medicaid program under the age of 21 who were placed in a locked facility or a particular type of group home for the treatment of mental health needs, were being considered for such placement, or had undergone one or more psychiatric hospitalizations related the their disability in the previous two years.

On July 23, 1999 the defendant stipulated to judgment for the plaintiffs on all claims. Thereafter the dispute concerned the appropriate remedy as the parties were unable to reach an agreement as to several specific issues related to how TBS could be requested, how notification of the availability of TBS would work, how precisely assessments were to be conducted, the qualifications of assessors, and monitoring. On March 30, 2001 the district court (Judge Howard A. Matz) entered a permanent injunction resolving these issues, largely in favor of the plaintiffs.

The court continued to exercise jurisdiction over compliance with the terms of the injunction. On April 22, 2004 the court (Judge Matz) modified the permanent injunction to include additional remedial measures based on the finding that the defendant had not made TBS available to patients at an acceptable rate. On July 29, 2004 a plan to increase the usage of TBS was approved. These measures also included increased monitoring, and on December 29, 2004 a special master was appointed.

On February 28, 2006 the defendant moved for relief from all injunctions but the court (Judge Matz) denied this motion. The defendant appealed, but on October 2, 2006 the Ninth Circuit (Judges Konzinski, O'Scannlain, and Bybee) affirmed the district court. As of November 2010, the case remained open. The Special Master had filed a Seventh Report and a status conference was scheduled.

Michael Perry - 01/10/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) California Department of Health Services
Kerlan Jobe Orthopaedic Clinic
Los Angeles County Department of Mental Health
Plaintiff Description Medi-Cal-eligible Californians under the age 21 who were placed in locked facilities and denied certain mental health benefits.
Indexed Lawyer Organizations ACLU of Southern California
Bazelon Center
NDRN/Protection & Advocacy Organizations
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Confession of Judgment
Order Duration 2004 - 2007
Filing Year 1998
Case Ongoing No
Additional Resources
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Docket(s)
2:98−cv−04181 (C.D. Cal.)
PB-CA-0010-9000.pdf | Detail
Date: 11/23/2010
Source: PACER [Public Access to Court Electronic Records]
General Documents
Order Granting Plaintiffs' Motion for Permanent Injunction (208 F.Supp.2d 1078) (C.D. Cal.)
PB-CA-0010-0001.pdf | WESTLAW| LEXIS | External Link | Detail
Date: 03/30/2001
Amended Judgment and Permanent Injunction [ECF# 291] (C.D. Cal.)
PB-CA-0010-0002.pdf | Detail
Date: 04/22/2004
Source: PACER [Public Access to Court Electronic Records]
Order Re: Plan to Increase TBS Utilization and Joint Stipulation of Support Thereof [ECF# 304] (C.D. Cal.)
PB-CA-0010-0003.pdf | Detail
Date: 07/29/2004
Source: PACER [Public Access to Court Electronic Records]
Order Appointing Special Master [ECF# 340] (C.D. Cal.)
PB-CA-0010-0004.pdf | Detail
Date: 12/29/2004
Source: PACER [Public Access to Court Electronic Records]
Opinion (Affirming the District Court) (203 Fed.Appx. 35)
PB-CA-0010-0005.pdf | WESTLAW| LEXIS | Detail
Date: 10/02/2006
Source: Westlaw
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Judges Bybee, Jay S. (Ninth Circuit) show/hide docs
PB-CA-0010-0005
Keller, William Duffy (C.D. Cal.) show/hide docs
PB-CA-0010-9000
Kozinski, Alex (Ninth Circuit) show/hide docs
PB-CA-0010-0005
Matz, A. Howard (C.D. Cal.) show/hide docs
PB-CA-0010-0001 | PB-CA-0010-0002 | PB-CA-0010-0003 | PB-CA-0010-0004 | PB-CA-0010-9000
O'Scannlain, Diarmuid Fionntain (Ninth Circuit) show/hide docs
PB-CA-0010-0005
Wistrich, Andrew J. (C.D. Cal.) [Magistrate] show/hide docs
PB-CA-0010-9000
Monitors/Masters Groves, Ivor (Florida) show/hide docs
PB-CA-0010-0004 | PB-CA-0010-9000
Saletta, Richard (California) show/hide docs
PB-CA-0010-9000
Plaintiff's Lawyers Barkoff, Alison (District of Columbia) show/hide docs
PB-CA-0010-9000
Bird, Melinda R. (California) show/hide docs
PB-CA-0010-0003 | PB-CA-0010-9000
Burnim, Ira Abraham (District of Columbia) show/hide docs
PB-CA-0010-9000
Casas-Sarmiento, Eva (California) show/hide docs
PB-CA-0010-9000
Gee, Suzanna (California) show/hide docs
PB-CA-0010-9000
Holle, Marilyn (California) show/hide docs
PB-CA-0010-9000
Kluk, Michael J. (California) show/hide docs
PB-CA-0010-9000
Newman, Robert D. Jr. (California) show/hide docs
PB-CA-0010-9000
Pettit, Sandra B. (California) show/hide docs
PB-CA-0010-9000
Preis, James Joseph (California) show/hide docs
PB-CA-0010-9000
Roberts, Margaret P. (California) show/hide docs
PB-CA-0010-9000
Rosenbaum, Mark Dale (California) show/hide docs
PB-CA-0010-9000
Rothschild, Richard (California) show/hide docs
PB-CA-0010-9000
Sakimura, Keith K. (California) show/hide docs
PB-CA-0010-9000
Seaborn, Stuart (California) show/hide docs
PB-CA-0010-9000
Shea, Nancy M. (California) show/hide docs
PB-CA-0010-9000
Stortz, Michael James (California) show/hide docs
PB-CA-0010-9000
Weisz, Virginia G. (California) show/hide docs
PB-CA-0010-9000
Wheeler, Allison (California) show/hide docs
PB-CA-0010-9000
Defendant's Lawyers Ahern, James F. (California) show/hide docs
PB-CA-0010-9000
Gibson, Paula Lauren (California) show/hide docs
PB-CA-0010-9000
Munoz, G. Mateo (California) show/hide docs
PB-CA-0010-9000
Owens, Andrew W. (California) show/hide docs
PB-CA-0010-9000
Sanders, John H. (California) show/hide docs
PB-CA-0010-9000
Tamura, Irene K. (California) show/hide docs
PB-CA-0010-0002 | PB-CA-0010-0003 | PB-CA-0010-9000
Vaughn, Melinda (California) show/hide docs
PB-CA-0010-9000
Waldow, Richard T. (California) show/hide docs
PB-CA-0010-9000
Wu, Patrick A. (California) show/hide docs
PB-CA-0010-9000

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