University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name M.R. v. Dreyfus PB-WA-0006
Docket / Court 2:10-cv-02052-TSZ ( W.D. Wash. )
State/Territory Washington
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Case Summary
This federal lawsuit is a challenge to a reduction in in-home personal care hours provided to eligible Medicaid recipients in Washington. The plaintiffs in this case were individuals with disabilities who receive in-home personal care and would risk institutionalization if the amount of in-home ... read more >
This federal lawsuit is a challenge to a reduction in in-home personal care hours provided to eligible Medicaid recipients in Washington. The plaintiffs in this case were individuals with disabilities who receive in-home personal care and would risk institutionalization if the amount of in-home care is insufficient to meet their care needs (which were determined by the state's individualized assessment process under Medicaid). There are also three organizational plaintiffs which serve individuals with disabilities in Washington.

After Washington announced its reduction of care hours (deemed necessary to control state spending), the plaintiffs filed a complaint in the U.S. District Court for the Western District of Washington on December 23, 2010 and sought to prevent the reductions from taking effect by filing an accompanying motion for a temporary restraining order and preliminary injunction. On December 30, District Judge Thomas S. Zilly denied the motion for a temporary restraining order. The United States filed a statement of interest supporting the plaintiffs' motion for preliminary injunction in January 2011. After some scheduling issues and minor motions, Judge Zilly denied the plaintiffs' motion for preliminary injunction on February 9, 2011. The plaintiffs then appealed this decision to the U.S. Court of Appeals for the Ninth Circuit.

In December 2011, Judge William Fletcher, writing for a 2-1 majority, reversed the District Court's denial of the plaintiff's motion for preliminary injunction. Judge Fletcher's opinion held that the plaintiffs had demonstrated a likelihood of success on the merits of their ADA claims, and that they would suffer irreparable harm without an injunction. In June 2012, the Ninth Circuit declined to rehear the case en banc.

In October 2012, Washington Governor Christine Gregoire (press release) decided not to appeal the denial of preliminary injunction to the U.S. Supreme Court, thanks in part to an advocacy effort on the part of disability rights organizations.

On May 23, 2013, defendants moved for partial summary judgment on the Due Process claims. Plaintiffs filed a cross-motion for partial summary judgment on June 17. The parties jointly moved to withdraw their motions on July 18, 2013 to engage in settlement discussions aimed at resolving the case. The court granted their joint motion on July 22. The parties reached a settlement agreement, and the court dismissed the case on September 20, 2013, leaving open the option for parties to reopen the case within 60 days. Since neither party did so, the case is presumably closed. The exact terms of the settlement agreement are unknown.

Beth Kurtz - 11/09/2012
Elizabeth Heise - 11/11/2018


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Constitutional Clause
Due Process
Supremacy Clause
Content of Injunction
Preliminary relief granted
Defendant-type
Hospital/Health Department
Disability
disability, unspecified
Integrated setting
Least restrictive environment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Deinstitutionalization/decarceration
Public assistance grants
Public benefits (includes, e.g., in-state tuition, govt. jobs)
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
Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Defendant(s) Washington State Department of Social and Health Services
Plaintiff Description Plaintiffs are disabled individuals who are entitled to receive a certain number of Medicaid in-home personal care service hours each month. They allege that Washington's 10% reduction of in-home care hours places them at risk of institutionalization.
Class action status sought Yes
Class action status granted Pending
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Unknown
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Filing Year 2010
Case Closing Year 2013
Case Ongoing No
Docket(s)
Case: 2:10-cv-2052 (W.D. Wash.)
PB-WA-0006-9000.pdf | Detail
Date: 01/30/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 11]
PB-WA-0006-0007.pdf | Detail
Date: 12/23/2010
Source: PACER [Public Access to Court Electronic Records]
Amended Complaint for Declaratory and Injunctive Relief [ECF# 61]
PB-WA-0006-0001.pdf | Detail
Date: 12/31/2010
Source: PACER [Public Access to Court Electronic Records]
Order Denying Temporary Restraining Order [ECF# 76] (2011 WL 31553) (W.D. Wash.)
PB-WA-0006-0005.pdf | WESTLAW | Detail
Date: 01/05/2011
Source: PACER [Public Access to Court Electronic Records]
Motion for Preliminary Injunction [ECF# 95]
PB-WA-0006-0010.pdf | Detail
Date: 01/21/2011
Source: PACER [Public Access to Court Electronic Records]
Order Denying Preliminary Injunction [ECF# 171] (767 F.Supp.2d 1149) (W.D. Wash.)
PB-WA-0006-0009.pdf | WESTLAW| LEXIS | Detail
Date: 02/09/2011
Source: PACER [Public Access to Court Electronic Records]
Ninth Circuit Opinion (663 F.3d 1100)
PB-WA-0006-0002.pdf | WESTLAW| LEXIS | Detail
Date: 12/16/2011
Source: U.S. Court of Appeals website
Order Amending Opinion and Denying Rehearing (697 F.3d 706)
PB-WA-0006-0003.pdf | WESTLAW| LEXIS | Detail
Date: 06/18/2012
Source: U.S. Court of Appeals website
Defendants' Motion for Partial Summary Judgment On Due Process Claims (GRANTED) [ECF# 269]
PB-WA-0006-0011.pdf | Detail
Date: 05/23/2013
Source: PACER [Public Access to Court Electronic Records]
Judges Bea, Carlos T. (Ninth Circuit)
PB-WA-0006-0003
Fletcher, William A. (Ninth Circuit)
PB-WA-0006-0002 | PB-WA-0006-0003
Rawlinson, Johnnie B. (Ninth Circuit, D. Nev.)
PB-WA-0006-0003
Reinhardt, Stephen Roy (Ninth Circuit)
PB-WA-0006-0003
Zilly, Thomas Samuel (W.D. Wash.)
PB-WA-0006-0005 | PB-WA-0006-0009 | PB-WA-0006-9000
Plaintiff's Lawyers Brenneke, Andrea (Washington)
PB-WA-0006-0001 | PB-WA-0006-0007 | PB-WA-0006-0010 | PB-WA-0006-9000
Frank, Katrin E. (Washington)
PB-WA-0006-9000
Leyton, Stacey M. (California)
PB-WA-0006-0001 | PB-WA-0006-0007 | PB-WA-0006-0010 | PB-WA-0006-9000
Murray, Matthew J (California)
PB-WA-0006-9000
Defendant's Lawyers Bashford, Jonathon (Washington)
PB-WA-0006-0011 | PB-WA-0006-9000
Dee, Edward Joseph (Washington)
PB-WA-0006-9000
McIlhenny, John K (Washington)
PB-WA-0006-9000
Rush, Regan (District of Columbia)
PB-WA-0006-9000
Stephens, William T. (Washington)
PB-WA-0006-9000
Work, William Bruce (Washington)
PB-WA-0006-9000
Other Lawyers Ferguson, Robert W. (Washington)
PB-WA-0006-0011

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