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Case Name Mandy R. v. Owens PB-CO-0001
Docket / Court 1:00-cv-01609 ( D. Colo. )
State/Territory Colorado
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Case Summary
On August 14, 2000, parents and guardians of developmentally disabled persons on waiting lists for comprehensive residential services filed a lawsuit under 42 U.S.C. § 1983 against the governor of Colorado and two other state officials in the United States District Court for the District of ... read more >
On August 14, 2000, parents and guardians of developmentally disabled persons on waiting lists for comprehensive residential services filed a lawsuit under 42 U.S.C. § 1983 against the governor of Colorado and two other state officials in the United States District Court for the District of Colorado. Plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, claiming that the State violated the Federal Medicaid Act by failing to provide the developmentally disabled with comprehensive residential services that meet the statutory requirements of reasonable promptness and comparability.

On February 28, 2005, the Court (Judge Richard P. Matsch) dismissed Plaintiffs' claims and ordered judgment to be entered for Defendants.

On September 21, 2006, the Tenth Circuit Court of Appeals (Honorable Michael W. McConnell) affirmed the District Court's judgment for defendants and held that "reasonable promptness and comparability requirements do not require the State to provide services, and that neither recipients nor providers have a private right to enforce the sufficient payments requirement through § 1983." R. v. Owens, 464 F.3d 1139 (10th Cir. 2006).

On March 26, 2007, according to a letter from the 10th Circuit Clerk, the U.S. Supreme Court denied the plaintiffs' petition for writ of certorari.

Haley Waller - 02/11/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Plaintiff Type
State Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) Bill (I) Owens
Colorado Department of Health Care Policy and Financing
Colorado Department of Human Services
James T. Rizzuto
Marva Hammons
Plaintiff Description Developmentally disabled adults on waiting lists for comprehensive services.
Class action status sought Yes
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Case Closing Year 2005
Case Ongoing No
Additional Resources
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  O'Toole v. Cuomo [Formerly DAI v. Cuomo]
http://www.bazelon.org/otoole-v-cuomo/
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By: The Bazelon Center (The Bazelon Center)
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  Amanda D. v. Hassan
http://www.bazelon.org/amanda-d-v-hassan/
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Docket(s)
1:00-cv-01609-RPM-BNB (D. Colo.)
PB-CO-0001-9000.pdf | Detail
Date: 04/02/2007
Source: PACER [Public Access to Court Electronic Records]
General Documents
REPLY BRIEF OF COLORADO ASSOCIATION OF COMMUNITY CENTERED BOARDS
PB-CO-0001-0002.pdf | Detail
Date: 11/25/2005
Source: Westlaw
Opinion (10th Circuit) affirming District Court judgment in favor of defendants (464 F.3d 1139)
PB-CO-0001-0001.pdf | WESTLAW| LEXIS | Detail
Date: 09/21/2006
Source: Public.Resource.Org
Judges Baldock, Bobby Ray (FISCR)
PB-CO-0001-0001 | PB-CO-0001-9000
McConnell, Michael W. Court not on record
PB-CO-0001-0001 | PB-CO-0001-9000
Murphy, Michael R. Court not on record
PB-CO-0001-0001 | PB-CO-0001-9000
Plaintiff's Lawyers Westfall, Richard A. (Colorado)
PB-CO-0001-0002 | PB-CO-0001-9000

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