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Case Name Martin v. Ohio Governor PB-OH-0002
Docket / Court 2:89-cv-00362-EAS-NMK ( S.D. Ohio )
State/Territory Ohio
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization Legal Services/Legal Aid
NDRN/Protection & Advocacy Organizations
Case Summary
On April 27, 1989, a lawsuit was filed on behalf of individuals with developmental disabilities under the Americans with Disabilities Act (ADA) and the Rehabilitation Act against various Ohio state officials in the United States District Court for the Southern District of Ohio. Plaintiffs, ... read more >
On April 27, 1989, a lawsuit was filed on behalf of individuals with developmental disabilities under the Americans with Disabilities Act (ADA) and the Rehabilitation Act against various Ohio state officials in the United States District Court for the Southern District of Ohio. Plaintiffs, represented by legal services, asked the Court for declaratory and injunctive relief, claiming that the state was providing appropriate community-based services.

On March 21, 1990, the Court certified a class consisting of: all "developmentally disabled Ohioans who are, or will be, in need of community housing and services which are normalized, home-like and integrated, and a subclass who, in addition to being members of the class, are, or will be, Medicaid recipients."

On December 14, 1993, the Court (Judge George C. Smith) declined to dismiss Plaintiffs' complaint. Martin v. Voinovich, 840 F. Supp. 1175 (S.D. Ohio 1993).

On December 11, 1992, the District Court appointed local civil rights attorney Benson A. Wolman to serve as a Mediator in the case. During the months that followed, until July 1993, the Mediator conducted intense settlement negotiations with the parties in an attempt to resolve the case. When the case did not settle, the plaintiffs filed their second amended class action complaint on August 17, 1993. Defendants moved to dismiss the action on September 23, 1993.

On December 14, 1993, the District Court (Judge George C. Smith) denied defendants' motion in part and granted in part. Judge Smith held that: (1) plaintiffs stated causes of action for violation of Rehabilitation Act and ADA, Developmental Disabilities Act, of due process and equal protection. He further held that the Medicaid statutes and regulations created a right, enforceable under § 1983, that inspections of intermediate care facilities for those with intellectual disabilities take place. Martin v. Voinovich, 840 F.Supp. 1175 (S.D. Ohio 1993).

Discovery continued until the parties agreed to another attempt at settlement in August 1996. Discovery was stayed during negotiations which lasted over two years. On December 13, 1999, Judge George C. Smith held a conference with the parties to assess the progress of settlement. He then referred the matter to Magistrate Judge Norah M. King to conduct further settlement conferences.

On April 25, 2000, plaintiffs filed their third amended complaint to add additional allegations in light of the U.S. Supreme Court's decision in the ADA case Olmstead v. L.C., 527 U.S. 581, 119 S.Ct. 2176, 144 L.Ed.2d 540 (1999). Defendants moved to dismiss or, in the alternative, for summary judgment. Plaintiffs filed a cross-motion for partial summary judgment.

On September 19, 2002, the Court denied in part and granted in part Defendant's motion to dismiss and denied Plaintiffs' motion for summary judgment. Martin v. Taft, 222 F. Supp. 2d 940 (S.D. Ohio 2002). The Court encouraged the parties to engage in settlement discussions prior to the bench trial.

The parties reached a tentative settlement of the matter and on June 29, 2004, filed their Joint Motion to Approve Consent Judgment. The Court issued preliminary approval of the parties' settlement agreement on July 7, 2004.

Certain advocacy groups then generated support to derail the settlement, resulting in thousands of purported class members filing form objections with the Court. Objectors also filed motions to decertify the class and to remove class counsel. The objectors contended that the proposed Consent Order only addressed the concerns of the named plaintiffs and not the whole class and therefore created a conflict with class counsel. The parties subsequently withdrew the Joint Motion to Approve Consent Judgment.


On February 15, 2005, the Court appointed local attorney Mark Landes as Special Master.

On September 13, 2005, the Special Master recommended that the Court denied Defendants' motions to remove counsel and decertify the class. The Court adopted those recommendations on November 28, 2005.

The Court again issued preliminary approval of the settlement agreement on December 5, 2006.

On March 5, 2007, the Court approved the settlement agreement and issued a consent order. Among other things, Defendants agreed to increase the number of waiver slots available and increase efforts to provide affordable community housing.

Haley Waller - 04/10/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Constitutional Clause
Due Process
Equal Protection
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) Director of the Ohio Department of Job and Family Services
Governor of the State of Ohio
Ohio Department of Mental Retardation and Developmental Disabilities
Plaintiff Description Developmentally disabled individuals
Indexed Lawyer Organizations Legal Services/Legal Aid
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
Filed 04/27/1989
Case Closing Year 2007
Case Ongoing No
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
S.D. Ohio
05/15/2009
2:89-cv-00362-EAS-NMK
PB-OH-0002-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
S.D. Ohio
12/14/1993
OPINION AND ORDER (840 F.Supp. 1175)
PB-OH-0002-0020.pdf | WESTLAW| LEXIS | Detail
Source: Google Scholar
S.D. Ohio
09/19/2002
OPINION AND ORDER (222 F.Supp.2d 940)
PB-OH-0002-0019.pdf | WESTLAW| LEXIS | Detail
Source: Google Scholar
S.D. Ohio
03/11/2004
ORDER [ECF# 450]
PB-OH-0002-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Ohio
07/07/2004
ORDER [ECF# 453]
PB-OH-0002-0005.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Ohio
07/29/2004
RESPONSE OF AMICUS OHIO PROVIDER RESOURCE ASSOCIATION TO JOINT MOTION FOR APPROVAL OF SETTLEMENT OF CLASS ACTION [ECF# 456]
PB-OH-0002-0008.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Ohio
08/31/2004
MOTION FOR LEAVE TO INTERVENE AND OBJECTIONS OF CHAMPAIGN RESIDENTIAL SERVICES, INC. TO PROPOSED CONSENT ORDER [ECF# 554]
PB-OH-0002-0010.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Ohio
09/07/2004
MOTION TO DECERTIFY CLASS BY MARTIN OBJECTORS [ECF# 609]
PB-OH-0002-0011.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Ohio
10/22/2004
MOTION TO DECERTIFY CLASS (Klein Objectors) [ECF# 669]
PB-OH-0002-0013.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Ohio
11/29/2004
Motion To Decertify Class By Grady [ECF# 681]
PB-OH-0002-0016.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Ohio
11/30/2004
Letter from the ARC of Ohio [ECF# 682]
PB-OH-0002-0017.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Ohio
02/15/2005
ORDER [ECF# 701]
PB-OH-0002-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Ohio
09/13/2005
REPORT AND RECOMMENDATION ON MOTIONS TO DECERTIFY CLASS AND MOTION TO DISOUALIFY COUNSEL [ECF# 721]
PB-OH-0002-0012.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Ohio
11/28/2005
OPINION AND ORDER ADOPTING SPECIAL MASTER'S REPORT AND RECOMMENDATIONS ON MOTIONS TO DECERTIFY CLASS AND MOTION TO DISOUALIFY COUNSEL [ECF# 736]
PB-OH-0002-0015.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Ohio
07/14/2006
Stipulation of Dismissal of Certain Claims (Medicaid) [ECF# 754]
PB-OH-0002-0006.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Ohio
07/21/2006
DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT [ECF# 757]
PB-OH-0002-0007.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Ohio
08/11/2006
PLAINTIFFS’ MEMORANDUM CONTRA DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT [ECF# 759]
PB-OH-0002-0009.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Ohio
11/27/2006
PROPOSED CONSENT ORDER [ECF# 781]
PB-OH-0002-0014.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Ohio
12/05/2006
ORDER [ECF# 786]
PB-OH-0002-0018.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Ohio
03/05/2007
CONSENT ORDER [ECF# 797]
PB-OH-0002-0003.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Ohio
03/05/2007
ORDER [ECF# 798]
PB-OH-0002-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Sargus, Edmund A. Jr. (S.D. Ohio) show/hide docs
PB-OH-0002-0001 | PB-OH-0002-0002 | PB-OH-0002-0004 | PB-OH-0002-0005 | PB-OH-0002-0015 | PB-OH-0002-0018 | PB-OH-0002-9000
Smith, George Curtis (S.D. Ohio) show/hide docs
PB-OH-0002-0019 | PB-OH-0002-0020 | PB-OH-0002-9000
Monitors/Masters Landes, Mark David (Ohio) show/hide docs
PB-OH-0002-0012 | PB-OH-0002-9000
Plaintiff's Lawyers Burke, William J. (New York) show/hide docs
PB-OH-0002-0013 | PB-OH-0002-9000
Fissel, Barry W. (Ohio) show/hide docs
PB-OH-0002-0016 | PB-OH-0002-9000
Keith, Harry Blair II (Ohio) show/hide docs
PB-OH-0002-0009 | PB-OH-0002-9000
Kirkman, Michael (Ohio) show/hide docs
PB-OH-0002-0003 | PB-OH-0002-0006 | PB-OH-0002-0009 | PB-OH-0002-0014 | PB-OH-0002-9000
Tyack, George Gary (Ohio) show/hide docs
PB-OH-0002-0013 | PB-OH-0002-9000
Watters, Elizabeth Jean (Ohio) show/hide docs
PB-OH-0002-0010 | PB-OH-0002-9000
Defendant's Lawyers Carroll, Roger Francis (Ohio) show/hide docs
PB-OH-0002-0003 | PB-OH-0002-0006 | PB-OH-0002-0007 | PB-OH-0002-0014 | PB-OH-0002-9000
Hoke, Anne Light (Ohio) show/hide docs
PB-OH-0002-0003 | PB-OH-0002-0006 | PB-OH-0002-0007 | PB-OH-0002-0014 | PB-OH-0002-9000
Other Lawyers Rogers, Douglas L. (Ohio) show/hide docs
PB-OH-0002-0008 | PB-OH-0002-0011 | PB-OH-0002-9000

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