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Case Name Rolland v. Romney PB-MA-0002
Docket / Court 3:98-cv-30208 ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization GLAD (GLBTQ Legal Advocates & Defenders)
NDRN/Protection & Advocacy Organizations
Case Summary
On October 29, 1998 seven developmentally disabled individuals living in private nursing homes and two advocacy organizations filed suit against Massachusetts and six state agencies in the United States District Court for the District of Massachusetts. They alleged that the defendants were ... read more >
On October 29, 1998 seven developmentally disabled individuals living in private nursing homes and two advocacy organizations filed suit against Massachusetts and six state agencies in the United States District Court for the District of Massachusetts. They alleged that the defendants were warehousing patients eligible for community based treatment in nursing care facilities in violation of Americans with Disabilities Act, the Medicaid Act, and the Nursing Home Reform Amendments. They sought declaratory and injunctive relief.

On February 2, 1999 the district court (Magistrate Judge Kenneth P. Neiman) certified a class consisting of developmentally disabled individuals in Massachusetts who resided in nursing facilities or were or should have been screened for nursing facilities. On June 4, 1999 the district court (Magistrate Judge Neiman) denied the defendants' motion to dismiss.

The parties reached a settlement that the court (Magistrate Judge Neiman) approved on January 10, 2000. The agreement established a presumption in favor of community based treatment and required the defendants to evaluate class members who desired such care and place them in it when appropriate and possible. It further provided that the defendants would provide appropriate specialized services to class members as determined by PASARR screening. Finally it established required numbers of community based transfers and diversions from nursing care.

Disputes arose regarding the implementation of the settlement agreement and on March 27, 2001 the district court (Magistrate Judge Neiman) found that the defendants were non-compliant with the provisions of the agreement regarding specialized services and on May 3, 2002 the court ordered additional injunctive relief designed to increase the rate at which specialized services were provided. The defendants appealed but on January 28, 2003 the First Circuit Court of Appeals (Judges Selya, Coffin, and Bownes) affirmed the district court. Further relief was sought and granted several times until the defendants came into compliance in late 2003.

In 2006 a dispute arose over the defendants' compliance with the diversion portion of the settlement but on January 16, 2007 the district court (Magistrate Judge Neiman) ruled for the defendants. On April 10, 2007 the district court (Magistrate Judge Neiman) found that the defendants were again in non-compliance in regards to specialized services and ordered further injunctive relief and on August 2, 2007 issued an order modifying the active treatment standards.

The parties negotiated a settlement regarding the treatment standards the defendants had trouble meeting and agreed to reduce the burdens on the defendants to meet those standards so that they could focus more on placements in community care facilities. The court (Magistrate Judge Neiman) approved this modified settlement over objections by some class members on May 22, 2008. These objectors appealed, but on January 19, 2010 the First Circuit Court of Appeals (Judges Lynch, Selya, and Stahl) affirmed the district court. These objectors also sought to decertify the class, but this motion was denied by the court (Magistrate Judge Neiman) on August 19, 2008. Final judgment with regards to the objections to the revised settlement agreement was entered on November 20, 2009 and the case was terminated on March 31, 2010.

Michael Perry - 02/18/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Plaintiff Type
Private Plaintiff
Causes of Action Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Department of Mental Retardation
Department of Public Health
Division of Medical Assistance
Massachusetts Executive Office of Administration and Finance
Massachusetts Executive Office of Health and Human Services
Massachusetts Rehabilitation Commission
State of Massachusetts
Plaintiff Description Seven developmentally disabled individuals living in private nursing homes and two advocacy organizations.
Indexed Lawyer Organizations GLAD (GLBTQ Legal Advocates & Defenders)
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 Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Filing Year 1998
Case Closing Year 2010
Case Ongoing No
Docket(s)
02-1697 (U.S. Court of Appeals)
PB-MA-0002-9001.pdf | Detail
Date: 02/14/2007
Source: PACER [Public Access to Court Electronic Records]
08-1874 (U.S. Court of Appeals)
PB-MA-0002-9002.pdf | Detail
Date: 11/18/2010
Source: PACER [Public Access to Court Electronic Records]
3:98-cv-30208 (D. Mass.)
PB-MA-0002-9000.pdf | Detail
Date: 01/13/2011
Source: PACER [Public Access to Court Electronic Records]
General Documents
MEMORANDUM REGARDING DEFENDANTS' MOTION TO DISMISS and DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' AMENDED COMPLAINT (52 F.Supp.2d 231) (D. Mass.)
PB-MA-0002-0001.pdf | WESTLAW| LEXIS | External Link | Detail
Date: 06/04/1999
MEMORANDUM WITH REGARD TO APPROVAL OF SETTLEMENT AGREEMENT (191 F.R.D. 3) (D. Mass.)
PB-MA-0002-0010.pdf | WESTLAW| LEXIS | Detail
Date: 01/10/2000
Source: Google Scholar
MEMORANDUM AND ORDER WITH REGARD TO PLAINTIFFS' MOTION FOR FURTHER RELIEF CONCERNING SPECIALIZED SERVICES (138 F.Supp.2d 110) (D. Mass.)
PB-MA-0002-0002.pdf | WESTLAW| LEXIS | External Link | Detail
Date: 03/27/2001
MEMORANDUM AND ORDER WITH REGARD TO PLAINTIFFS' AMENDED MOTION FOR FURTHER RELIEF CONCERNING SPECIALIZED SERVICES (198 F.Supp.2d 25) (D. Mass.)
PB-MA-0002-0003.pdf | WESTLAW| LEXIS | External Link | Detail
Date: 05/03/2002
MEMORANDUM AND ORDER WITH REGARD TO PLAINTIFFS' OPPOSITION TO DEFENDANTS' ACTIVE TREATMENT POLICY AND CERTIFICATION REPORT ON COMPLIANCE WITH MAY 3, 2002, ORDER [ECF# 333] (D. Mass.)
PB-MA-0002-0004.pdf | Detail
Date: 08/14/2002
Source: PACER [Public Access to Court Electronic Records]
Opinion (Affirming the District Court) (318 F.3d 42)
PB-MA-0002-0005.pdf | WESTLAW| LEXIS | External Link | Detail
Date: 01/28/2003
Source: U.S. Court of Appeals website
MEMORANDUM AND ORDER WITH REGARD TO PLAINTIFFS' MOTION FOR SHOW CAUSE AND FOR FURTHER INJUNCTIVE RELIEF (273 F.Supp.2d 140) (D. Mass.)
PB-MA-0002-0006.pdf | WESTLAW| LEXIS | External Link | Detail
Date: 07/23/2003
MEMORANDUM AND ORDER WITH REGARD TO PLAINTIFFS' MOTION FOR A FINDING OF NONCOMPLIANCE WITH THE DIVERSION PROVISIONS OF THE SETTLEMENT AGREEMENT, TO LIFT THE STAY, AND FOR FURTHER RELIEF (2007 WL 184626 / 2007 U.S.Dist.LEXIS 4631) (D. Mass.)
PB-MA-0002-0011.pdf | WESTLAW| LEXIS | Detail
Date: 01/16/2007
Source: LexisNexis
MEMORANDUM AND ORDER WITH REGARD TO PLAINTIFFS' MOTION FOR NONCOMPLIANCE AND FURTHER RELIEF (483 F.Supp.2d 107) (D. Mass.)
PB-MA-0002-0007.pdf | WESTLAW| LEXIS | External Link | Detail
Date: 04/10/2007
ORDER APPROVING REVISED ACTIVE TREATMENT STANDARDS (2007 U.S.Dist.LEXIS 99028) (D. Mass.)
PB-MA-0002-0013.pdf | LEXIS | Detail
Date: 08/02/2007
Source: LexisNexis
MEMORANDUM AND ORDER WITH REGARD TO THE PARTIES' JOINT MOTION TO APPROVE SETTLEMENT AGREEMENT ON ACTIVE TREATMENT (562 F.Supp.2d 176) (D. Mass.)
PB-MA-0002-0008.pdf | WESTLAW| LEXIS | External Link | Detail
Date: 06/16/2008
MEMORANDUM AND ORDER WITH REGARD TO THE GROTON PARENTS' MOTION TO DECERTIFY THE CLASS (2008 WL 4104488 / 2008 U.S.Dist.LEXIS 66477) (D. Mass.)
PB-MA-0002-0012.pdf | WESTLAW| LEXIS | Detail
Date: 08/19/2008
Source: LexisNexis
Memorandum Opinion and Order (Entering Final Judgment) (2009 U.S.Dist.LEXIS 123478) (D. Mass.)
PB-MA-0002-0014.pdf | LEXIS | Detail
Date: 11/20/2009
Source: LexisNexis
Opinion (Affirming the District Court) (592 F.3d 242)
PB-MA-0002-0009.pdf | WESTLAW| LEXIS | External Link | Detail
Date: 01/19/2010
Source: U.S. Court of Appeals website
show all people docs
Judges Bownes, Hugh Henry (D.N.H., First Circuit) show/hide docs
PB-MA-0002-0005
Coffin, Frank Morey (First Circuit) show/hide docs
PB-MA-0002-0005
Lynch, Sandra Lea (First Circuit) show/hide docs
PB-MA-0002-0009
Neiman, Kenneth P. (D. Mass.) [Magistrate] show/hide docs
PB-MA-0002-0001 | PB-MA-0002-0002 | PB-MA-0002-0003 | PB-MA-0002-0004 | PB-MA-0002-0006 | PB-MA-0002-0007 | PB-MA-0002-0008 | PB-MA-0002-0010 | PB-MA-0002-0011 | PB-MA-0002-0012 | PB-MA-0002-0013 | PB-MA-0002-0014 | PB-MA-0002-9000 | PB-MA-0002-9001
Selya, Bruce Marshall (FISCR, D.R.I., First Circuit) show/hide docs
PB-MA-0002-0005 | PB-MA-0002-0009
Stahl, Norman H. (D.N.H., First Circuit) show/hide docs
PB-MA-0002-0009
Plaintiff's Lawyers Belin, Richard D. (Massachusetts) show/hide docs
PB-MA-0002-9000 | PB-MA-0002-9001
Costanzo, Cathy E. (Massachusetts) show/hide docs
PB-MA-0002-9000 | PB-MA-0002-9001 | PB-MA-0002-9002
Engel, Matthew (Massachusetts) show/hide docs
PB-MA-0002-9000 | PB-MA-0002-9001 | PB-MA-0002-9002
Eshghi, Nima R (Massachusetts) show/hide docs
PB-MA-0002-9000 | PB-MA-0002-9001
Fiotto, Anthony S. (Massachusetts) show/hide docs
PB-MA-0002-9002
Follett, Jeffrey S. (Massachusetts) show/hide docs
PB-MA-0002-9000 | PB-MA-0002-9002
Gonnam, Michelle R. (Massachusetts) show/hide docs
PB-MA-0002-9002
Griffin, Christine M. (Massachusetts) show/hide docs
PB-MA-0002-9000 | PB-MA-0002-9001
Hatrick, Kristi (Massachusetts) show/hide docs
PB-MA-0002-9001
Highsmith, Christiaan H. (Massachusetts) show/hide docs
PB-MA-0002-9002
Laski, Frank J. (Pennsylvania) show/hide docs
PB-MA-0002-9000 | PB-MA-0002-9001 | PB-MA-0002-9002
Schwartz, Steven J. (Massachusetts) show/hide docs
PB-MA-0002-9000 | PB-MA-0002-9001 | PB-MA-0002-9002
Sheehy, Stephen M. (Massachusetts) show/hide docs
PB-MA-0002-9000 | PB-MA-0002-9002
Siebrecht, Stacie B (Massachusetts) show/hide docs
PB-MA-0002-9000 | PB-MA-0002-9001
Wicker, Catherine H (Massachusetts) show/hide docs
PB-MA-0002-9000
York, Thomas B. (Pennsylvania) show/hide docs
PB-MA-0002-9000 | PB-MA-0002-9001
Defendant's Lawyers Bodin, Kristi A (Massachusetts) show/hide docs
PB-MA-0002-9000
Gale, Rosemary (Massachusetts) show/hide docs
PB-MA-0002-9000
Guberman, David A (Massachusetts) show/hide docs
PB-MA-0002-9000 | PB-MA-0002-9002
Porter, William W (Massachusetts) show/hide docs
PB-MA-0002-9000 | PB-MA-0002-9002
Roney, Deirdre (Massachusetts) show/hide docs
PB-MA-0002-9000
Salinger, Kenneth (Massachusetts) show/hide docs
PB-MA-0002-9000 | PB-MA-0002-9002
Sinkel, Ginny (Massachusetts) show/hide docs
PB-MA-0002-9000 | PB-MA-0002-9001
Wechsler, Peter T. (Massachusetts) show/hide docs
PB-MA-0002-9000 | PB-MA-0002-9001
Williams, H. Gregory (Massachusetts) show/hide docs
PB-MA-0002-9000 | PB-MA-0002-9001
Yogman, Judith (Massachusetts) show/hide docs
PB-MA-0002-9000 | PB-MA-0002-9001
Other Lawyers Andelman, Ethan B. (California) show/hide docs
PB-MA-0002-9001
Breslauer, James E (Massachusetts) show/hide docs
PB-MA-0002-9000 | PB-MA-0002-9001
De Wolf, Buckmaster (California) show/hide docs
PB-MA-0002-9001
Kassel, Phillip J (Massachusetts) show/hide docs
PB-MA-0002-9000 | PB-MA-0002-9001
Manning, Daniel S. (Massachusetts) show/hide docs
PB-MA-0002-9000 | PB-MA-0002-9001
Rae, J. Paterson (Massachusetts) show/hide docs
PB-MA-0002-9000 | PB-MA-0002-9001
Reinstein, John (Massachusetts) show/hide docs
PB-MA-0002-9000
Rodgers, Allan G (Massachusetts) show/hide docs
PB-MA-0002-9000 | PB-MA-0002-9001

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