Plaintiff filed this lawsuit in the U.S. District Court for the Middle District of Alabama, against the Alabama Medicaid Agency, on August 12, 2010, alleging that the denial of home-based Medicaid services as opposed to institution-based services violated the ADA and Section 504 of the Rehabilitation Act. The Plaintiff was paralyzed from the collar bone down and requires assistance performing daily activities. When his mother was able to take care of him, Alabama Medicaid was able to provide some supplemental in-home care services as part of a waiver program. When his mother could no longer take care of him, the plaintiff was forced to live in an institution even though he could have lived in the community with appropriate home care services. A community placement would be particularly valuable to him as he is pursuing higher education at the University of Montevallo.

The Plaintiff filed a complaint and motion for preliminary injunction, and the United States filed a Statement of Interest in support of the plaintiff's motion. Judge Mark E. Fuller of the Middle District of Alabama denied the plaintiff's motion for preliminary injunction on November 12, 2010. In the discovery process that followed, it was revealed that the Plaintiff's eligibility for Medicaid waiver services was in doubt. After additional discovery, the plaintiff agreed to dismiss the case in April 2012 because of these issues.

Beth Kurtz - 11/09/2012


compress summary