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Case Name Peter B. v. Sanford PB-SC-0001
Docket / Court 6:10-cv-00767 ( D.S.C. )
State/Territory South Carolina
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Case Summary
The plaintiffs, several individuals with developmental disabilities, filed this challenge to South Carolina's proposed reduction of services under its MR/RD (intellectual disabilities and related disorders) Waiver program. In January 2010, the South Carolina Department of Health and Human Services ... read more >
The plaintiffs, several individuals with developmental disabilities, filed this challenge to South Carolina's proposed reduction of services under its MR/RD (intellectual disabilities and related disorders) Waiver program. In January 2010, the South Carolina Department of Health and Human Services (SCDHHS) announced a plan to reduce home-based services under the MR/RD Waiver as well as to cap the number of nursing and other home-care hours available through the Waiver. The plaintiffs contended that these reductions would force them to move to institutions in order to receive necessary services. The plaintiffs filed their complaint in the U.S. District Court for the District of South Carolina on March 24, 2010.

The plaintiffs filed a motion for preliminary injunction on April 29, 2010. The federal magistrate judge (Judge Bruce Howe Hendricks) issued a report and recommendation granting the motion on November 24, 2010. Judge Hendricks found that the plaintiffs had satisfied the requirements for an injunction and ordered the state to maintain the Plaintiffs' services at the level they were provided prior to 2010. The District Court (Judge J. Michelle Childs) adopted this report and recommendation as an order on March 7, 2010.

At the same time, the parties engaged in a dispute over the inclusion of the governor (Gov. Mark Sanford and later Gov. Nikki Haley) as a defendant. Governor Sanford first moved to be dismissed from the case on April 21, 2010. On December 6, 2010, Magistrate Judge Hendricks recommended dismissing the Governor. On February 1, 2011, Judge Childs ordered that the Governor be dismissed with respect to those claims filed in the original complaint. The plaintiffs, however, had alleged additional claims against the Governor. On October 26, 2011, Sanford and Haley moved to be dismissed from the case, claiming that state sovereign immunity applies to their official actions. The court granted this motion and dismissed the governor and former governor on June 13, 2012. The plaintiffs filed a motion for reconsideration on this matter, which the court denied on June 27, 2012, concluding that "plaintiffs have not demonstrated a recent change in the law, newly discovered evidence, or a clear error by this court which merits any alteration or amendment to the prior order." 2012 WL 2428109. Plaintiffs then filed an appeal to the U.S. Court of Appeals for the Fourth Circuit; the Fourth Circuit denied the appeal on October 25, 2012.

On the substantive claims, both parties filed motions for summary judgment in August 2012. At that time, two of the three plaintiffs had prevailed in appeals to the South Carolina Administrative Law Court and had not faced reductions in their services as a result. On March 7, 2013, District Judge Cain granted in part and denied in part Defendant's motion for summary judgment. Because two of the three plaintiffs had prevailed in the Administrative Law Court, the Court found their claims moot and granted summary judgment in favor of the defendant. However, the last plaintiff's claims remained ripe, and the Court denied the defendant's motion. The court also denied the plaintiffs' motion for summary judgment and the defendant's motions to dismiss. 2013 WL 869607.

On July 14, 2014, the defendants moved to dismiss the third plaintiff's claims as moot. At this point, the last plaintiff had received his desired relief (having his adult companion services restored) through administrative and state channels. The Court thus granted the Defendant's motion to dismiss on December 10, 2014, and issued a judgment dismissing the case.

One plaintiff then filed an appeal to the U.S. Court of Appeals for the Fourth Circuit in January 2015, arguing that the March 7, 2013 order was in error. On April 29, the Court of Appeals affirmed the judgment of the District Court. In February 2017, the plaintiffs filed a petition for writ of certiorari with the U.S. Supreme Court. The Court denied the petition in April 2017.

On May 1, 2017, the plaintiffs filed a motion for attorneys' fees and GAL fees. The defendants moved to dismiss the motion, arguing that it was untimely. On July 28, 2017, Judge Timothy Cain granted the defendants' motion, denying the plaintiff attorneys' fees without addressing the merits of his claim. 2017 WL 4457775. In August, the plaintiff appealed the denial of fees to the U.S. Court of Appeals for the Fourth Circuit. On June 19, 2018, Judges Motz, Keenan, and Senior Circuit Judge Shedd affirmed the denial for plaintiff attorneys' fees "for the reasons stated by the district court." They also denied the plaintiff's motion to supplement the record, finding that the facts and legal contentions were already sufficiently presented to warrant additional materials unnecessary.

On August 14, the Fourth Circuit denied defendant's petition for rehearing. en banc. Four days later, the Fourth Circuit issued a mandate affirming the district court's judgement.

The case is closed.

Beth Kurtz - 03/21/2013
Maria Ricaurte - 02/08/2016
Cedar Hobbs - 06/01/2020


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Constitutional Clause
Due Process
Content of Injunction
Preliminary relief granted
Defendant-type
Hospital/Health Department
Jurisdiction-wide
Disability
disability, unspecified
Integrated setting
Least restrictive environment
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Deinstitutionalization/decarceration
Habilitation (training/treatment)
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Medical/Mental Health
Intellectual/Developmental Disability
Mental Disability
Intellectual/developmental disability, unspecified
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) South Carolina Department of Disabilities and Special Needs
South Carolina Department of Health and Human Services
Plaintiff Description Plaintiffs are individuals with developmental disabilities who receive services via South Carolina's MR/RD Waiver program.
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Preliminary injunction / Temp. restraining order
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Filed 03/24/2010
Case Closing Year 2018
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)
D.S.C. 6:10-cv-00767
PB-SC-0001-9000.pdf | Detail
Date: 08/22/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
D.S.C.
Defendant Governor Sanford's Motion to Dismiss Plaintiff's Complaint [ECF# 11]
PB-SC-0001-0004.pdf | Detail
Date: 04/21/2010
Source: PACER [Public Access to Court Electronic Records]
D.S.C.
Motion for Preliminary Injunction [ECF# 12-1]
PB-SC-0001-0005.pdf | Detail
Date: 04/29/2010
Source: PACER [Public Access to Court Electronic Records]
D.S.C.
Magistrate Report and Recommendation Granting Motion for Preliminary Injunction [ECF# 71] (2010 WL 5912259)
PB-SC-0001-0007.pdf | WESTLAW | Detail
Date: 11/24/2010
Source: PACER [Public Access to Court Electronic Records]
D.S.C.
Magistrate's Report and Recommendation Granting Governor's Motion to Dismiss [ECF# 73] (2010 WL 5684397)
PB-SC-0001-0012.pdf | WESTLAW | Detail
Date: 12/06/2010
Source: PACER [Public Access to Court Electronic Records]
D.S.C.
Order Granting Motion to Dismiss Governor as Defendant [ECF# 93] (2011 WL 347019)
PB-SC-0001-0002.pdf | WESTLAW | Detail
Date: 02/01/2011
Source: PACER [Public Access to Court Electronic Records]
D.S.C.
Order and Opinion Granting Preliminary Injunction [ECF# 95] (2011 WL 824584)
PB-SC-0001-0003.pdf | WESTLAW | Detail
Date: 03/07/2011
Source: PACER [Public Access to Court Electronic Records]
D.S.C.
Amended Complaint [ECF# 108]
PB-SC-0001-0001.pdf | Detail
Date: 05/25/2011
Source: PACER [Public Access to Court Electronic Records]
D.S.C.
Defendants' Motion for Summary Judgment and/ or to Dismiss Based on Mootness [ECF# 169]
PB-SC-0001-0008.pdf | Detail
Date: 03/06/2012
Source: PACER [Public Access to Court Electronic Records]
D.S.C.
Memorandum of Law as Amici Curiae on Issues Under the Americans With Disabilities Act, Rehabilitation Act, Medicaid Provisions and Federal and State Law [ECF# 174]
PB-SC-0001-0010.pdf | Detail
Date: 03/30/2012
Source: PACER [Public Access to Court Electronic Records]
D.S.C.
Opinion and Order Granting Governor's Motion for Summary Judgment [ECF# 185] (2012 WL 2149784)
PB-SC-0001-0014.pdf | WESTLAW | Detail
Date: 06/13/2012
Source: PACER [Public Access to Court Electronic Records]
D.S.C.
Motion for Summary Judgment (All Remaining Defendants) [ECF# 200]
PB-SC-0001-0009.pdf | Detail
Date: 08/16/2012
Source: PACER [Public Access to Court Electronic Records]
D.S.C.
Plaintiffs' Amended Motion for Summary Judgment [ECF# 207]
PB-SC-0001-0011.pdf | Detail
Date: 08/21/2012
Source: PACER [Public Access to Court Electronic Records]
D.S.C.
Opinion & Order [ECF# 231] (2013 WL 869607)
PB-SC-0001-0013.pdf | WESTLAW | Detail
Date: 03/07/2013
Source: PACER [Public Access to Court Electronic Records]
D.S.C.
Motion to Dismiss Plaintiff's Claims as Moot [ECF# 256-1]
PB-SC-0001-0015.pdf | Detail
Date: 07/14/2014
Source: PACER [Public Access to Court Electronic Records]
D.S.C.
Order and Opinion [ECF# 302] (2014 WL 6983356)
PB-SC-0001-0016.pdf | WESTLAW | Detail
Date: 12/10/2014
Source: PACER [Public Access to Court Electronic Records]
U.S. Court of Appeals
[Ct. of Appeals Unpublished Opinion] [Ct. of App. ECF# 64] (647 Fed.Appx. 219)
PB-SC-0001-0017.pdf | WESTLAW| LEXIS | Detail
Date: 04/29/2016
Source: PACER [Public Access to Court Electronic Records]
D.S.C.
Order [ECF# 346] (2017 WL 4457775)
PB-SC-0001-0019.pdf | WESTLAW | Detail
Date: 07/28/2017
Source: PACER [Public Access to Court Electronic Records]
U.S. Court of Appeals
Appeal from the United States District Court for the District of South Carolina, at Greensville [Ct. of App. ECF# 355] (728 Fed.Appx. 205)
PB-SC-0001-0020.pdf | WESTLAW| LEXIS | Detail
Date: 06/19/2018
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Cain, Timothy Martin (D.S.C.) show/hide docs
PB-SC-0001-0013 | PB-SC-0001-0014 | PB-SC-0001-0016 | PB-SC-0001-0019 | PB-SC-0001-0020 | PB-SC-0001-9000
Childs, Julianna Michelle (D.S.C.) show/hide docs
PB-SC-0001-0002 | PB-SC-0001-0003
Hendricks, Bruce Howe (D.S.C.) [Magistrate] show/hide docs
PB-SC-0001-0007 | PB-SC-0001-0012
Keenan, Barbara Milano (Fourth Circuit) show/hide docs
PB-SC-0001-0017
Motz, Diana Jane Gribbon (Fourth Circuit) show/hide docs
PB-SC-0001-0017 | PB-SC-0001-0020
Shedd, Dennis W. (D.S.C., Fourth Circuit) show/hide docs
PB-SC-0001-0017 | PB-SC-0001-0020
Plaintiff's Lawyers Anthony, Kenneth C. (South Carolina) show/hide docs
PB-SC-0001-0001 | PB-SC-0001-0005 | PB-SC-0001-0011 | PB-SC-0001-9000
Harrison, Patricia (South Carolina) show/hide docs
PB-SC-0001-0001 | PB-SC-0001-0005 | PB-SC-0001-0011 | PB-SC-0001-0020 | PB-SC-0001-9000
Ray, Sandra Kerr (South Carolina) show/hide docs
PB-SC-0001-9000
Defendant's Lawyers Davidson, William Henry II (South Carolina) show/hide docs
PB-SC-0001-0008 | PB-SC-0001-0009 | PB-SC-0001-0020 | PB-SC-0001-9000
Gaskins, E. Brandon (South Carolina) show/hide docs
PB-SC-0001-0004 | PB-SC-0001-9000
Woodington, Kenneth P. (South Carolina) show/hide docs
PB-SC-0001-0008 | PB-SC-0001-0009 | PB-SC-0001-0015 | PB-SC-0001-0020 | PB-SC-0001-9000
Other Lawyers Corson, Philip (South Carolina) show/hide docs
PB-SC-0001-0010 | PB-SC-0001-9000
Darwin, Anna Maria (South Carolina) show/hide docs
PB-SC-0001-0010 | PB-SC-0001-9000
Horne, Anderson McClaine (South Carolina) show/hide docs
PB-SC-0001-9000
Mitchell, Kirby (South Carolina) show/hide docs
PB-SC-0001-9000
St. Onge, Sarah (South Carolina) show/hide docs
PB-SC-0001-0010 | PB-SC-0001-9000
Unumb, Daniel (South Carolina) show/hide docs
PB-SC-0001-0010 | PB-SC-0001-9000

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