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Case Name Arc of Washington v. Quasim PB-WA-0002
Docket / Court 3:99-cv-05577 ( W.D. Wash. )
State/Territory Washington
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization NDRN/Protection & Advocacy Organizations
Case Summary
On November 9, 1999, developmentally disabled individuals and the Arc of Washington State filed a lawsuit under the Americans with Disabilities Act and the Medicaid Act against various Washington state officials in the United States District Court for the Western District of Washington. Plaintiffs ... read more >
On November 9, 1999, developmentally disabled individuals and the Arc of Washington State filed a lawsuit under the Americans with Disabilities Act and the Medicaid Act against various Washington state officials in the United States District Court for the Western District of Washington. Plaintiffs represented by private counsel, asked the court for declaratory and injunctive relief, claiming that Defendants were not providing Medicaid services with reasonable promptness.

On October 5, 2000, the Court (Judge Franklin D. Burgess) granted Plaintiffs' motion to certify a class defined as: "all developmentally disabled persons in the Sate of Washington who i) meet the medical and financial requirements for eligibility for ICF-MR services; ii) have applied for HCB waiver services; and iii) have not received HCB waiver services, or not received them with reasonable promptness, and individuals who will be similarly situated in the future."

On November 17, 2000, the Court denied Plaintiffs' motion for partial summary judgment and granted in part, and denied in part, Defendants' motion for partial summary judgment. Accordingly, Plaintiffs were allowed to proceed with their Medicaid Act claim to fair hearings, their ADA and Equal Protection claims, and The Arc's claim for additional HCB services for its members currently on the waiver.

The Court issued an order to clarify its November 17, 2000, order on December 22, 2000. Specifically, the Court stated that named individual Plaintiffs were to proceed as class representatives and that The Arc and named Plaintiffs were to be treated as distinct parties.

On December 19, 2000, the Court granted Defendants' motion for partial summary judgment on the ADA claims. The Court also denied: Defendants' motion to dismiss The Arc; Plaintiffs' motion to modify the class definition; and Plaintiffs' motion to amend judgment.

The parties asked the Court for preliminary approval of a class settlement that contained significant changes from the class definition previously formulated by the Court. As a result, two parties moved to intervene to object to the proposed settlement agreement and to decertify the class. On October 26, 2001, the Court denied the parties' motion for preliminary approval of the class settlement because it found that the proposed settlement class did not satisfy Federal Rules of Civil Procedure 23(a) and 23(b)(2). The Court denied the would-be intervenors' motions as moot and untimely.

The Court denied approval of a second amended settlement agreement on December 2, 2002. The Court also decertified the previously certified class and lifted the stay it had entered on October 26, 2001.

On May 30, 2003, the Court denied a motion to intervene from four plaintiffs from another case (Boyle v. Braddock, No. C01-5867-FDB).

On June 17, 2003, the Court granted Defendants' motion to dismiss. The Court found that The Arc lacked standing and that Plaintiffs had failed to exhaust their administrative remedies. Finally, the Court also found that it was appropriate to apply the abstention doctrine.

The Arc and individual plaintiffs appealed. On March 29, 2005, the Ninth Circuit Court of Appeals affirmed the District Court's opinion on the ADA issue. The Arc of Washington State v. Braddock, 427 F.3d 615 (9th Cir. 2005). The Court disposed of the other claims in an unpublished memorandum disposition and remanded, based on that, for further proceedings.

The parties executed a settlement agreement on May 23, 2007. Under the terms of the settlement agreement, Defendants were obliged to request additional funding for additional services and to pay $64,000 to Plaintiffs for attorney fees and costs. The Court dismissed the case on May 24, 2007.

Haley Waller - 04/12/2011


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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.
Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Defendant(s) State of Washington
Plaintiff Description Individuals with developmental disabilities and the Arc of Washington State
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Case Closing Year 2007
Case Ongoing No
Additional Resources
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Docket(s)
3:99-cv-05577-JKA (W.D. Wash.)
PB-WA-0002-9000.pdf | Detail
Date: 05/24/2007
Source: PACER [Public Access to Court Electronic Records]
General Documents
ORDER GRANTING PLAINTIFFS' MOTION TO MAINTAIN CLASS ACTION [ECF# 87] (W.D. Wash.)
PB-WA-0002-0013.pdf | Detail
Date: 10/05/2000
Source: PACER [Public Access to Court Electronic Records]
ORDER DENYING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND GRANTING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [ECF# 119] (W.D. Wash.)
PB-WA-0002-0015.pdf | Detail
Date: 11/17/2000
Source: PACER [Public Access to Court Electronic Records]
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON ADA CLAIMS, AND DENYING MOTIONS TO DISMISS PLAINTIFF ARC, TO MODIFY CLASS DEFINITION, AND TO AMEND JUDGMENT [ECF# 132] (W.D. Wash.)
PB-WA-0002-0017.pdf | Detail
Date: 12/19/2000
Source: PACER [Public Access to Court Electronic Records]
ORDER [ECF# 134] (W.D. Wash.)
PB-WA-0002-0018.pdf | Detail
Date: 12/22/2000
Source: PACER [Public Access to Court Electronic Records]
MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT [ECF# 149]
PB-WA-0002-0009.pdf | Detail
Date: 08/16/2001
Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF THE CLASS SETTLEMENT AGREEMENT [ECF# 150]
PB-WA-0002-0008.pdf | Detail
Date: 08/16/2001
Source: PACER [Public Access to Court Electronic Records]
Memorandum in Support of Motion To Intervene for Limited Purposes [ECF# 153]
PB-WA-0002-0011.pdf | Detail
Date: 08/23/2001
Source: PACER [Public Access to Court Electronic Records]
Memorandum In Support of Motion To Decertify Or To Modify The Class [ECF# 159]
PB-WA-0002-0010.pdf | Detail
Date: 08/23/2001
Source: PACER [Public Access to Court Electronic Records]
OBJECTIONS TO THE SETTLEMENT AGREEMENT, RELEASE AND ORDER OF STAY PROPOSED BY THE PARTIES [ECF# 167]
PB-WA-0002-0012.pdf | Detail
Date: 08/24/2001
Source: PACER [Public Access to Court Electronic Records]
ORDER DENYING MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT AND DENYING MOTIONS TO INTERVENE AND DECERTIFY CLASS [ECF# 191] (W.D. Wash.)
PB-WA-0002-0014.pdf | Detail
Date: 10/26/2001
Source: PACER [Public Access to Court Electronic Records]
ORDER DENYING APPROVAL OF SECOND AMENDED SETTLEMENT AGREEMENT [ECF# 323] (W.D. Wash.)
PB-WA-0002-0016.pdf | Detail
Date: 12/02/2002
Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM IN SUPPORT OF PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT [ECF# 333]
PB-WA-0002-0002.pdf | Detail
Date: 04/10/2003
Source: PACER [Public Access to Court Electronic Records]
DEFENDANTS' MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT [ECF# 340]
PB-WA-0002-0003.pdf | Detail
Date: 04/28/2003
Source: PACER [Public Access to Court Electronic Records]
ORDER DENYING INTERVENTION [ECF# 360] (W.D. Wash.)
PB-WA-0002-0006.pdf | Detail
Date: 05/30/2003
Source: PACER [Public Access to Court Electronic Records]
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS AND DENYING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT [ECF# 366] (W.D. Wash.)
PB-WA-0002-0007.pdf | Detail
Date: 06/17/2003
Source: PACER [Public Access to Court Electronic Records]
Opening Brief of Plaintiffs-Appellants [Ct. of App. ECF# 7]
PB-WA-0002-0021.pdf | Detail
Date: 11/25/2003
Source: PACER [Public Access to Court Electronic Records]
RESPONSE BRIEF OF DEFENDANTS-APPELLEES [Ct. of App. ECF# 13]
PB-WA-0002-0020.pdf | Detail
Date: 01/22/2004
Source: PACER [Public Access to Court Electronic Records]
Reply Brief of Plaintiffs-Appellants [Ct. of App. ECF# 374]
PB-WA-0002-0019.pdf | Detail
Date: 02/06/2004
Source: PACER [Public Access to Court Electronic Records]
OPINION [Ct. of App. ECF# 38] (427 F.3d 615)
PB-WA-0002-0001.pdf | WESTLAW| LEXIS | Detail
Date: 03/29/2005
Source: PACER [Public Access to Court Electronic Records]
SETTLEMENT AGREEMENT [ECF# 399-2]
PB-WA-0002-0004.pdf | Detail
Date: 05/23/2007
Source: PACER [Public Access to Court Electronic Records]
ORDER OF DISMISSAL [ECF# 401] (W.D. Wash.)
PB-WA-0002-0005.pdf | Detail
Date: 05/24/2007
Source: PACER [Public Access to Court Electronic Records]
Judges Arnold, J. Kelley (W.D. Wash.) [Magistrate]
PB-WA-0002-0005 | PB-WA-0002-9000
Burgess, Franklin D. (W.D. Wash.)
PB-WA-0002-0006 | PB-WA-0002-0007 | PB-WA-0002-0013 | PB-WA-0002-0014 | PB-WA-0002-0015 | PB-WA-0002-0016 | PB-WA-0002-0017 | PB-WA-0002-0018 | PB-WA-0002-9000
Clifton, Richard R. (Ninth Circuit)
PB-WA-0002-0001 | PB-WA-0002-9000
Fernandez, Ferdinand Francis (C.D. Cal., Ninth Circuit)
PB-WA-0002-0001 | PB-WA-0002-9000
Kozinski, Alex (Ninth Circuit)
PB-WA-0002-0001 | PB-WA-0002-9000
Plaintiff's Lawyers Arthur, Patricia J. (Washington)
PB-WA-0002-0012 | PB-WA-0002-9000
Dorfman, Deborah A. (Washington)
PB-WA-0002-0010 | PB-WA-0002-0011 | PB-WA-0002-9000
Ibrahim, Christine T. (Washington)
PB-WA-0002-0004 | PB-WA-0002-0008 | PB-WA-0002-0019 | PB-WA-0002-0021 | PB-WA-0002-9000
Jones, Larry A. (Washington)
PB-WA-0002-0002 | PB-WA-0002-0004 | PB-WA-0002-0008 | PB-WA-0002-0009 | PB-WA-0002-0019 | PB-WA-0002-0021 | PB-WA-0002-9000
Defendant's Lawyers Bashaw, Carrie L. (Washington)
PB-WA-0002-0004 | PB-WA-0002-9000
Dee, Edward Joseph (Washington)
PB-WA-0002-0003 | PB-WA-0002-0008 | PB-WA-0002-0009 | PB-WA-0002-0020 | PB-WA-0002-9000
Gregoire, Christine O. (Washington)
PB-WA-0002-0020 | PB-WA-0002-9000
McKenna, Robert M. (Washington)
PB-WA-0002-0004 | PB-WA-0002-9000

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