Case: Colbert v. Blagojevich

1:07-cv-04737 | U.S. District Court for the Northern District of Illinois

Filed Date: Aug. 22, 2007

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 22, 2007, individuals with disabilities filed a lawsuit under the Americans with Disabilities Act (ADA), the Social Security Act, the Rehabilitation Act, and the Nursing Care Reform Act, against various Illinois state officials in the United States District Court for the Northern District of Illinois. Plaintiffs, represented by private and public interest counsel, asked the court for declaratory and injunctive relief, claiming that they were institutionalized in a nursing facility ev…

On August 22, 2007, individuals with disabilities filed a lawsuit under the Americans with Disabilities Act (ADA), the Social Security Act, the Rehabilitation Act, and the Nursing Care Reform Act, against various Illinois state officials in the United States District Court for the Northern District of Illinois. Plaintiffs, represented by private and public interest counsel, asked the court for declaratory and injunctive relief, claiming that they were institutionalized in a nursing facility even though they were capable of living in a more community-integrated setting with appropriate services. Plaintiffs claimed that Defendants conditioned receipt of long-term care on remaining in an institutionalized setting, even though it would be less expensive for Plaintiffs to receive appropriate care in the community.

The Court (Judge Joan H. Lefkow) certified a class as: "all Medicaid-eligible adults with disabilities in Cook County, Illinois, who are being, or may in the future be, unnecessarily confined to nursing facilities and who, with appropriate supports and services, may be able to live in a community setting." 71 Fed.R.Serv.3d 1089.

At a status hearing on January 7, 2011, the parties advised Magistrate Judge Maria Valdez that they could conclude settlement discussions without further assistance from the court.

On Aug. 29, 2011, the parties jointly moved for the court to approve the consent decree they had agreed upon. The court held a fairness hearing on Dec. 20, 2011, and ultimately accepted the decree.

The consent decree established benchmarks for moving specific numbers of class members out of nursing facilities and into community-based settings. Over the course of the first two-and-a-half years, the decree compelled the state to move 1,100 class members into the community. It also required the state to provide up to $10 million in housing assistance to support the first group of transitioned adults. The decree also compelled the state to develop services needed to adequately support class members who choose to live in the community. It established a monitor to ensure compliance with the decree, and granted $1.2 million in attorneys' fees.

The court approved an updated plan following the parties' cross-motion to enter into a cost-neutral plan and supplement and amend the December 2011 consent decree on November 16, 2016. The plan included the transition of class members into community-based settings, and continued evaluations and service plans for the class members. The court retained jurisdiction to oversee the full implementation of the plan. The court approved an updated plan on April 5, 2018. Monitoring by the court appointed monitor (Gail P. Hutchings) is ongoing as of May 20, 2020.

Summary Authors

Haley Waller (2/21/2011)

Andrew Junker (10/23/2014)

Elizabeth Heise (11/20/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5471839/parties/colbert-v-pritzker/


Judge(s)
Attorney for Plaintiff

Barry, Angela Mary (Illinois)

Borowicz, Kim (Illinois)

Braganca, Celiza (Illinois)

Curkovic, David I. (Illinois)

Attorney for Defendant

Dryjanski, Andrew L. (Illinois)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

1:07-cv-04737

Docket [PACER]

Colbert v. Rauner

Nov. 27, 2018

Nov. 27, 2018

Docket
1

1:07-cv-04737

COMPLAINT

Aug. 22, 2007

Aug. 22, 2007

Complaint
10

1:07-cv-04737

MEMORANDUM IN SUPPORT OF PLAINTIFFS’ MOTION TO MAINTAIN A CLASS ACTION

Aug. 30, 2007

Aug. 30, 2007

Pleading / Motion / Brief
65

1:07-cv-04737

DEFENDANTS’ JOINT MEMORANDUM IN OPPOSITION TO PLAINTIFFS’ MOTION TO MAINTAIN A CLASS ACTION

April 14, 2008

April 14, 2008

Pleading / Motion / Brief
68

1:07-cv-04737

PLAINTIFFS’ REPLY MEMORANDUM IN SUPPORT OF MOTION TO MAINTAIN A CLASS ACTION

April 28, 2008

April 28, 2008

Pleading / Motion / Brief
77

1:07-cv-04737

MEMORANDUM OPINION AND ORDER

Sept. 29, 2008

Sept. 29, 2008

Order/Opinion

71 Fed.R.Serv.3d 71

139

1:07-cv-04737

FIRST AMENDED COMPLAINT

Sept. 29, 2009

Sept. 29, 2009

Complaint
162

1:07-cv-04737

JOINT STATUS REPORT

June 7, 2010

June 7, 2010

Pleading / Motion / Brief
196-1

1:07-cv-04737

Consent Decree

Colbert v. Quinn

Aug. 29, 2011

Aug. 29, 2011

Settlement Agreement
210

1:07-cv-04737

Order [approving consent decree and consent decree]

Colbert v. Quinn

Dec. 21, 2011

Dec. 21, 2011

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5471839/colbert-v-pritzker/

Last updated Feb. 23, 2024, 4:41 a.m.

ECF Number Description Date Link Date / Link
77

MEMORANDUM Opinion and Order Signed by the Honorable Joan H. Lefkow on 9/29/2008:Mailed notice(mad, )

Sept. 29, 2008

Sept. 29, 2008

RECAP
211

MOTION by Plaintiff Lenil Colbert for judgment Agreed Motion for Entry of Judgment (Attachments: # 1 Text of Proposed Order)(Braganca, Celiza)

1 Text of Proposed Order

View on PACER

Jan. 5, 2012

Jan. 5, 2012

RECAP
212

MOTION by Plaintiff Lenil Colbert for judgment Notice of Agreed Motion for Entry of Judgment (Braganca, Celiza)

Jan. 5, 2012

Jan. 5, 2012

RECAP
330

Order

May 23, 2018

May 23, 2018

PACER
335

Extension of Time

July 13, 2018

July 13, 2018

PACER
337

Order on Motion for Extension of Time

July 25, 2018

July 25, 2018

PACER
353

Withdraw as Attorney

June 3, 2019

June 3, 2019

PACER
356

Order on Motion to Withdraw as Attorney

June 4, 2019

June 4, 2019

PACER
366

Order

Dec. 10, 2019

Dec. 10, 2019

PACER
413

Substitute Attorney

Oct. 21, 2021

Oct. 21, 2021

PACER
414

Order on Motion to Substitute Attorney

Oct. 22, 2021

Oct. 22, 2021

PACER
415

Withdraw as Attorney

Oct. 22, 2021

Oct. 22, 2021

PACER
416

Order on Motion to Withdraw as Attorney

Oct. 25, 2021

Oct. 25, 2021

PACER
431

Miscellaneous Relief

May 27, 2022

May 27, 2022

PACER
432

Order AND Order on Motion for Miscellaneous Relief

May 31, 2022

May 31, 2022

PACER
439

Order

July 20, 2022

July 20, 2022

PACER
442

Miscellaneous Relief

Aug. 12, 2022

Aug. 12, 2022

PACER
443

Order on Motion for Miscellaneous Relief

Aug. 15, 2022

Aug. 15, 2022

PACER
445

RESPONSE by Defendant JB Pritzker to objections 441 to Defendants' FY23 Implementation Plan (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Stratton, Brent) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
446

MOTION by Plaintiff Lenil Colbert to seal document Motion to Seal Exhibit (Libowsky, Stephen) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

PACER
447

REPLY by Plaintiff Lenil Colbert to motion to seal document 446 Class Plaintiffs' Reply in Further Support of Their Objection to Defendants' FY2023 Implementation Plan (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4 (filed under seal))(Libowsky, Stephen) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

PACER
448

SEALED EXHIBIT by Plaintiff Lenil Colbert Ex 4 to Class Plaintiffs' Reply in Further Support of Their Objection to Defendants' FY2023 Implementation Plan regarding reply, 447 (Libowsky, Stephen) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

PACER
449

MINUTE entry before the Honorable Joan H. Lefkow: Motion to seal exhibit 446 is granted. Mailed notice (ags) (Entered: 09/14/2022)

Sept. 14, 2022

Sept. 14, 2022

PACER
450

MINUTE entry before the Honorable Joan H. Lefkow: Telephone status hearing held and continued to 11/2/2022 at 10:00 a.m. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (877) 402-9753 and the access code is 1564342. Counsel of record will receive an email the day before the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (ags) (Entered: 09/21/2022)

Sept. 21, 2022

Sept. 21, 2022

PACER
451

TRANSCRIPT OF PROCEEDINGS held on 09-21-22 before the Honorable Joan H. Lefkow. Order Number: 44255. Court Reporter Contact Information: Krista Burgeson, krista_burgeson@ilnd.uscourts.gov, 312-435-5567. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/10/2022. Redacted Transcript Deadline set for 11/21/2022. Release of Transcript Restriction set for 1/18/2023. (Burgeson, Krista) (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

PACER
452

Agreed Amended FY23 Implementation Plan by JB Pritzker (Stratton, Brent) (Entered: 11/01/2022)

Nov. 1, 2022

Nov. 1, 2022

PACER
453

MINUTE entry before the Honorable Joan H. Lefkow: Telephone status hearing held and continued to 1/4/2023 at 10:00 a.m. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (877) 402-9753 and the access code is 1564342. Counsel of record will receive an email the day before the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (ags) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

PACER
454

MINUTE entry before the Honorable Joan H. Lefkow: The status hearing set for 1/4/2023 at 10:00 a.m. will proceed in Courtroom 2201. Beginning 1/4/2023, all hearings will be in person. For status hearings in civil cases, counsel appearing more than 35 miles from the courthouse may request to appear by telephone. If you need to appear virtually, send the attached form to Judge Lefkow's courtroom deputy. The deputy will inform you as to whether your request has been approved. Mailed notice (Attachments: # 1 Virtual hearing request form) (ags) (Entered: 12/14/2022)

Dec. 14, 2022

Dec. 14, 2022

PACER
455

MINUTE entry before the Honorable Joan H. Lefkow: Status hearing held and continued to 2/22/2023 at 10:00 a.m. Mailed notice (ags) (Entered: 01/04/2023)

Jan. 4, 2023

Jan. 4, 2023

PACER
456

Court Monitor FY2022 Compliance Assessment Annual Report by JB Pritzker (Stratton, Brent) (Entered: 02/21/2023)

Feb. 21, 2023

Feb. 21, 2023

PACER
457

MINUTE entry before the Honorable Joan H. Lefkow: Status hearing held and continued to 3/22/2023 at 10:00 a.m. in courtroom 2201. Mailed notice (ags) (Entered: 02/22/2023)

Feb. 22, 2023

Feb. 22, 2023

PACER
458

MINUTE entry before the Honorable Joan H. Lefkow: The status hearing set for 3/22/2023 is stricken and reset to 4/26/2023 at 10:00 a.m. in courtroom 2201. Mailed notice (ags) (Entered: 03/15/2023)

March 15, 2023

March 15, 2023

PACER
459

MINUTE entry before the Honorable Joan H. Lefkow: Status hearing held and continued to 6/21/2023 at 10:00 a.m. in courtroom 2201. Mailed notice (ags) (Entered: 04/26/2023)

April 26, 2023

April 26, 2023

PACER
460

MINUTE entry before the Honorable Joan H. Lefkow:Status hearing held and continued to 8/9/2023 at 10:00 a.m. in courtroom 2201. Mailed notice (ags) (Entered: 06/21/2023)

June 21, 2023

June 21, 2023

PACER
461

MOTION by Attorney Allyson M. Bain to withdraw as attorney for Lenil Colbert. No party information provided (Bain, Allyson) (Entered: 07/19/2023)

July 19, 2023

July 19, 2023

PACER
462

MINUTE entry before the Honorable Joan H. Lefkow: Motion to withdraw as attorney 461 is granted. Attorney Allyson M. Bain is terminated as counsel for plaintiffs. Mailed notice (ags) (Entered: 07/20/2023)

July 20, 2023

July 20, 2023

PACER
463

MINUTE entry before the Honorable Joan H. Lefkow: The status hearing set for 8/9/2023 is stricken and reset to 8/23/2023 at 10:00 a.m. Mailed notice (ags) (Entered: 07/25/2023)

July 25, 2023

July 25, 2023

PACER
464

FY2024 Implementation Plan by JB Pritzker (Stratton, Brent) (Entered: 07/25/2023)

July 25, 2023

July 25, 2023

RECAP
465

MINUTE entry before the Honorable Joan H. Lefkow: Status hearing held and continued to 10/25/2023 at 10:00 a.m. in courtroom 2201. Mailed notice (ags) (Entered: 08/23/2023)

Aug. 23, 2023

Aug. 23, 2023

PACER
466

MOTION by Attorney Barry C. Taylor to withdraw as attorney for Lenil Colbert. No party information provided (Taylor, Barry) (Entered: 09/21/2023)

Sept. 21, 2023

Sept. 21, 2023

PACER
467

MINUTE entry before the Honorable Joan H. Lefkow: Motion to withdraw as attorney 466 is granted. Attorney Barry Charlton Taylor is terminated as counsel for plaintiffs. Mailed notice (ags) (Entered: 09/22/2023)

Sept. 22, 2023

Sept. 22, 2023

PACER
468

MINUTE entry before the Honorable Joan H. Lefkow: Status hearing held on 10/25/2023 and continued to 1/17/2024 at 10:00 a.m. Mailed notice (smm) (Entered: 10/25/2023)

Oct. 25, 2023

Oct. 25, 2023

PACER
469

Court Monitor's Compliance Indicators by Lenil Colbert (Libowsky, Stephen) (Entered: 12/11/2023)

Dec. 11, 2023

Dec. 11, 2023

PACER
470

Position Statement Regarding Compliance Indicators STATEMENT by Theresa A. Eagleson, Grace Hou (Stratton, Brent) (Entered: 12/12/2023)

Dec. 12, 2023

Dec. 12, 2023

PACER
471

RESPONSE by Plaintiff Lenil Colbert to statement 470 by Defendants re Compliance Indicators (Dalenberg, Heidi) (Entered: 12/14/2023)

Dec. 14, 2023

Dec. 14, 2023

PACER
472

MINUTE entry before the Honorable Joan H. Lefkow: Status hearing held and continued to 3/20/2024 at 10:00 a.m. in courtroom 2201. Mailed notice (ags) (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 22, 2007

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All Medicaid-eligible adults with disabilities in Cook County, Illinois, who are being, or may in the future be, unnecessarily confined to nursing facilities and who, with appropriate supports and services, may be able to live in a community setting

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Governor of the State of Illinois, State

Secretary of the Illinois Department of Human Services, State

Director of the Illinois Department of Healthcare and Family Services, State

Director of the Illinois Deparment of Public Health, State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Nursing Care Reform Act of 1987/ Omnibus Reconciliation Act

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2011 - None

Content of Injunction:

Reasonable Accommodation

Monitor/Master

Monitoring

Issues

General:

Housing

Payment for care

Rehabilitation

Jails, Prisons, Detention Centers, and Other Institutions:

Habilitation (training/treatment)

Disability and Disability Rights:

Reasonable Accommodations

disability, unspecified

Integrated setting

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Type of Facility:

Non-government for-profit

Benefit Source:

Medicaid