On September 1, 2000, developmentally disabled individuals who were eligible to receive Medicaid services, but who had not received such services, filed a lawsuit under the Medicaid Act, the Americans with Disabilities Act (ADA), and the Rehabilitation Act, against various Illinois state officials. Plaintiffs, represented by private counsel, sought declaratory and injunctive relief, alleging that Defendants failed to provide Medicaid services with reasonable promptness.

Plaintiffs lived with their parents in northern Illinois and were eligible for intermediate care facility/developmentally disabled (ICF/DD) level of care funding. Plaintiffs wished to move from their parents' homes and receive residential services, but there were no slots available in any facility in northern Illinois. To receive residential services, Plaintiffs would have had to move to a facility in southern Illinois. Living on the other side of the state would have imposed financial and time constraints on Plaintiffs' families.

On May 2, 2001, the Court (John F. Grady) granted in part and denied in part Defendants' motion to dismiss. The Court granted Defendants' motion to dismiss Plaintiffs' ADA claim, but denied the motion as to the other Counts of the Complaint.

On February 25, 2002, the Court dismissed Plaintiffs' claims for lack of standing and denied the motion for class certification as moot. Boudreau v. Ryan, 2002 WL 314794 (N.D. Ill. Feb. 25, 2002). The Court held that Plaintiffs did not have standing to bring the case because Defendants had no obligation under the Medicaid statute to provide ICF/DD services in close proximity to Plaintiffs' family homes. The Court also dismissed Plaintiffs' claims under the Rehabilitation Act. On the same day, the Court entered final judgment for Defendants.

On April 7, 2003, the Seventh Circuit Court of Appeals (Judge Posner) held that Plaintiffs' Medicaid claims failed on the merits, even though the District Court had improperly characterized the dismissal as being because of a lack of standing. Bruggeman v. Blagojevich, 324 F.3d 906 (7th Cir. 2003). The Court then set aside the dismissal of Plaintiffs' claims under the Rehabilitation Act and the ADA and remanded to District Court. The Seventh Circuit directed the District Court to determine whether Illinois had a plan oriented towards preventing isolation and segregation of developmentally disabled adults.

On June 30, 2004, the District Court granted the parties' motion to dismiss with prejudice. Each party was to bear its own costs. The case was closed, and there has been no further litigation.

Haley Waller - 02/16/2011


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