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Case Name
Arc of Delaware v. Meconi
PB-DE-0001
Docket / Court
1:02-cv-00255 ( D. Del. )
State/Territory
Delaware
Case Type(s)
Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection
Olmstead Cases
Attorney Organization
NDRN/Protection & Advocacy Organizations
Case Summary
On April 8, 2002 plaintiffs, nine individuals with developmental disabilities, two advocacy organizations, and a housing organization, filed suit against Delaware Department of Health & Social Services and specifically the Division of Developmental Disability Services in the United States District ...
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On April 8, 2002 plaintiffs, nine individuals with developmental disabilities, two advocacy organizations, and a housing organization, filed suit against Delaware Department of Health & Social Services and specifically the Division of Developmental Disability Services in the United States District Court for the District of Delaware. They alleged that Delaware had violated the Americans with Disabilities Act, the Medicaid Act, the Due Process Clause of the 14th Amendment, and 42 U.S.C. § 1983. They claimed that Delaware lacked an effective "Olmstead Plan" resulting in slow moving waitlists and the unavailability of adequate options for individuals seeking community-based rather than institutional care.
On September 30, 2003 the district court (Judge Kent A. Jordan) denied the defendants' motion to dismiss and the plaintiffs' motions for a temporary restraining order, a preliminary injunction, and class certification without prejudice, because the parties indicated they intended to settle. On August 24, 2004 the court (Judge Jordan) entered an order approving a settlement and dismissing the case. The settlement provided for expanded waiver services, infrastructure improvements, collaboration to improve waitlist management for community care, and additional community care placements. The case was thereafter reopened to consider a dispute regarding attorney's fees but came to a close again on June 13, 2005 when the court (Judge Jordan) ruled in favor of the plaintiffs.
Michael Perry - 01/25/2011
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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Plaintiff Type
Private Plaintiff
Causes of Action
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)
Case Details
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Defendant(s)
Delaware Department of Health & Social Services
Delaware Department of Health & Social Services
Plaintiff Description
Nine individuals with developmental disabilities, two advocacy organizations, and a housing organization.
Indexed Lawyer Organizations
NDRN/Protection & Advocacy Organizations
Class action status sought
Yes
Class action status granted
No
Filed Pro Se
No
Prevailing Party
Mixed
Public Int. Lawyer
No
Nature of Relief
Injunction / Injunctive-like Settlement
Source of Relief
Settlement
Form of Settlement
Court Approved Settlement or Consent Decree
Filed
04/08/2002
Case Closing Year
2005
Case Ongoing
No
Documents
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Court
Docket(s)
D. Del.
06/13/2005
1:02−cv−00255
PB-DE-0001-9000.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Del.
06/13/2005
Opinion (Concerning attorney's fees)
(2005 WL 3657319 / 2005 U.S.Dist.LEXIS 39039)
PB-DE-0001-0001.pdf
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WESTLAW
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LEXIS
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Detail
Source: LexisNexis
People
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Judges
Jordan, Kent A.
(D. Del., Third Circuit)
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PB-DE-0001-0001 | PB-DE-0001-9000
McKelvie, Roderick R.
(D. Del.)
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PB-DE-0001-9000
Thynge, Mary Pat
(D. Del.) [Magistrate]
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PB-DE-0001-9000
Plaintiff's Lawyers
Atkins, Daniel Gary
(Delaware)
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PB-DE-0001-9000
Defendant's Lawyers
Newcomer, John H. Jr.
(Delaware)
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PB-DE-0001-9000
Placey, Richard G.
(Delaware)
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PB-DE-0001-9000
Woolfolk, Aleph Ann
(Delaware)
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PB-DE-0001-9000
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