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Case Name Townsend v. Quasim PB-WA-0003
Docket / Court 2:00-cv-00944-TSZ ( W.D. Wash. )
State/Territory Washington
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Case Summary
On May 31, 2000, Washington residents with disabilities filed a lawsuit under the Americans with Disabilities Act against the Secretary of the State of Washington Department of Social and Health Services (DSHS) in the United States District Court for the Western District of Washington. Plaintiffs, ... read more >
On May 31, 2000, Washington residents with disabilities filed a lawsuit under the Americans with Disabilities Act against the Secretary of the State of Washington Department of Social and Health Services (DSHS) 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 Washington state's current provisions for the medically need violate the ADA.

On January 31, 2001, the Court (Judge Thomas S. Zilly) entered a stipulation and order regarding the definition of the class. The class was defined as follows: Washington residents who are or will be (1) individuals with a disability within the meaning of 42 U.S.C. § 12102(2)(A); (2) eligible under the State Medicaid Plan for nursing facility care; and (3) eligible for COPES Medicaid waiver services but for having income that exceeds the categorically needy income limit (300% of the Supplemental Security Income federal benefit rate).

The Court granted Defendants' motion for summary judgment on June 20, 2001, concluding that Defendants had not violated the ADA because Plaintiffs were excluded from public programming based on their income and not on their disability. Townsend v. Quasim, 163 F. Supp. 2d 1281 (W.D. Wash. 2001).

The Ninth Circuit Court of Appeals reversed the District Court's grant of summary judgment for the Secretary of Washington's Department of Social and Health Services on May 1, 2003. Townsend v. Quasim, 328 F.3d 511 (9th Cir. 2003). The Court found that the Secretary's refusal to offer community-based in-home nursing services to some disabled persons may violated the ADA.

On January 21, 2004, the parties came to a preliminary agreement, and the Court stayed proceedings for two years. Defendants agreed to a number of things, including: Defendant agreed to provide community-based and in-home long-term care services to class members; Defendant would continue to provide for 600 class members to receive long-term care services in community-based settings and would implement long-term in-home care services for 200 class members; and, Defendant would pay Plaintiffs' counsel $175,000 in attorneys' fees and costs.

The parties submitted a joint status report and a stipulation for dismissal without prejudice on June 30, 2006. There has been no further action in the case.

Haley Waller - 04/30/2011


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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.
Defendant(s) Secretary of the State of Washington Department of Social and Health Services
Plaintiff Description Washington state residents with disabilities
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 2006
Case Ongoing No
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Docket(s)
2:00-cv-00944-TSZ (W.D. Wash.)
PB-WA-0003-9000.pdf | Detail
Date: 06/30/2006
Source: PACER [Public Access to Court Electronic Records]
General Documents
STIPULATION AND ORDER RE DEFINITION OF CLASS [ECF# 45] (W.D. Wash.)
PB-WA-0003-0004.pdf | Detail
Date: 01/31/2001
Source: PACER [Public Access to Court Electronic Records]
ORDER [ECF# 76] (163 F.Supp.2d 1281) (W.D. Wash.)
PB-WA-0003-0005.pdf | WESTLAW| LEXIS | Detail
Date: 06/20/2001
Source: PACER [Public Access to Court Electronic Records]
Decision by Court [ECF# 78] (W.D. Wash.)
PB-WA-0003-0008.pdf | Detail
Date: 07/10/2001
Source: PACER [Public Access to Court Electronic Records]
PLA1NTIFF-APPELLANT'S REPLY BRIEF
PB-WA-0003-0003.pdf | Detail
Date: 01/23/2002
Source: Westlaw
OPINION (328 F.3d 511)
PB-WA-0003-0001.pdf | WESTLAW| LEXIS | Detail
Date: 05/01/2003
Source: Public.Resource.Org
STIPULATED AGREEMENT AND ORDER STAYING PROCEEDINGS [ECF# 90] (W.D. Wash.)
PB-WA-0003-0002.pdf | Detail
Date: 01/21/2004
Source: PACER [Public Access to Court Electronic Records]
JOINT STATUS REPORT [ECF# 92]
PB-WA-0003-0006.pdf | Detail
Date: 06/23/2004
Source: PACER [Public Access to Court Electronic Records]
JOINT STATUS REPORT AND STIPULATION FOR ORDER OF DISMISSAL WITHOUT PREJUDICE [ECF# 101]
PB-WA-0003-0007.pdf | Detail
Date: 06/30/2006
Source: PACER [Public Access to Court Electronic Records]
Judges Beezer, Robert R. (Ninth Circuit)
PB-WA-0003-0001 | PB-WA-0003-9000
Berzon, Marsha Siegel (Ninth Circuit)
PB-WA-0003-0001 | PB-WA-0003-9000
Gould, Ronald Murray (Ninth Circuit)
PB-WA-0003-0001 | PB-WA-0003-9000
Zilly, Thomas Samuel (W.D. Wash.)
PB-WA-0003-0002 | PB-WA-0003-0004 | PB-WA-0003-0005 | PB-WA-0003-0007 | PB-WA-0003-9000
Plaintiff's Lawyers Ford, Timothy D. (Washington)
PB-WA-0003-0003 | PB-WA-0003-9000
Frank, Katrin E. (Washington)
PB-WA-0003-0002 | PB-WA-0003-0003 | PB-WA-0003-0004 | PB-WA-0003-0006 | PB-WA-0003-0007 | PB-WA-0003-9000
Defendant's Lawyers Latsinova, Rita (Washington)
PB-WA-0003-0004 | PB-WA-0003-9000
Smith, Alan (Washington)
PB-WA-0003-0002 | PB-WA-0003-0004 | PB-WA-0003-0006 | PB-WA-0003-0007 | PB-WA-0003-9000

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