Case: Arc of Virginia v. Kaine

3:09-cv-00686 | U.S. District Court for the Eastern District of Virginia

Filed Date: Oct. 27, 2009

Closed Date: Oct. 12, 2010

Clearinghouse coding complete

Case Summary

After a study of the Southeastern Virginia Training Center (SEVTC) revealed that essentially all of the individuals in the institution could be placed in the community, the Governor of Virginia announced his desire to close SEVTC. Contemplating revisions to the services Virginia provides to individuals with intellectual disabilities, the state legislature created a new plan to fund the construction of new Intermediate Care Facilities and to build a new and modern SEVTC with 75 beds. The Arc of …

After a study of the Southeastern Virginia Training Center (SEVTC) revealed that essentially all of the individuals in the institution could be placed in the community, the Governor of Virginia announced his desire to close SEVTC. Contemplating revisions to the services Virginia provides to individuals with intellectual disabilities, the state legislature created a new plan to fund the construction of new Intermediate Care Facilities and to build a new and modern SEVTC with 75 beds. The Arc of Virginia inferred from that plan that 75 individuals currently placed in SEVTC would be moved to the new facility, and sued in the U.S. District Court for the Eastern District of Virginia to enjoin the state from constructing the new facility, claiming that the diversion of state resources toward building a new institution violates the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. The Arc claimed that the state must provide services in the most integrated setting possible, and that the diversion of funds toward the construction of a new institution violates this command.

On December 17, 2009, the court (Judge Robert E. Payne) granted the Defendants' motion to dismiss, finding that the Plaintiffs' claims were not ripe. The Plaintiffs had not alleged that a current live controversy existed because it was not clear that placement decisions had been made or that the 75 beds in the new facility would be filled by residents of the current SEVTC facility. The state legislature may generally choose to create and structure its provision of services to people with disabilities. The court held that "it is possible that the placement decisions, when made, may offend federal law. But, that will depend on future actions and there is no indication now that Virginia's decisional process is unlawful or that persons will be placed in settings that are inappropriate to their individual needs or at odd with their choice."

Several years later, the DOJ and Virginia settled a procedurally unrelated Olmstead case dealing with the same issues. (United States v. Virginia).

Summary Authors

Beth Kurtz (2/15/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4405397/parties/arc-of-virginia-inc-the-v-kaine/


Judge(s)
Attorney for Plaintiff

Ek, Kalena Cimone Marie (Virginia)

Attorney for Defendant

Hall, Stephen Michael (Virginia)

Expert/Monitor/Master/Other

Bagenstos, Samuel R. (District of Columbia)

Breen, Philip L. (District of Columbia)

Delaney, Sheila K. (District of Columbia)

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Documents in the Clearinghouse

Document

3:09-cv-00686

Docket

Arc of Virginia, Inc., The v. Kaine

Oct. 12, 2010

Oct. 12, 2010

Docket
2

3:09-cv-00686

Plaintiff's Motion for a Preliminary Injunction

The Arc of Virginia, Inc. v. Kaine

Oct. 27, 2009

Oct. 27, 2009

Pleading / Motion / Brief
1

3:09-cv-00686

Complaint

The Arc of Virginia, Inc. v. Kaine

Oct. 27, 2009

Oct. 27, 2009

Complaint
3

3:09-cv-00686

Memorandum of Law in Support of Plaintiff's Motion for a Preliminary Injunction

The Arc of Virginia, Inc. v. Kaine

Oct. 27, 2009

Oct. 27, 2009

Pleading / Motion / Brief
11

3:09-cv-00686

Memorandum of Law in Support of Motion to Dismiss

The Arc of Virginia, Inc. v. Kaine

Nov. 12, 2009

Nov. 12, 2009

Discovery Material/FOIA Release
9

3:09-cv-00686

Memorandum of Law in Opposition to Plaintiffs' Motion for Preliminary Injunction

The Arc of Virginia, Inc. v. Kaine

Nov. 12, 2009

Nov. 12, 2009

Pleading / Motion / Brief
10

3:09-cv-00686

Motion to Dismiss

The Arc of Virginia, Inc. v. Kaine

Nov. 12, 2009

Nov. 12, 2009

Pleading / Motion / Brief
16

3:09-cv-00686

Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Dismiss

The Arc of Virginia, Inc. v. Kaine

Nov. 19, 2009

Nov. 19, 2009

Discovery Material/FOIA Release
24

3:09-cv-00686

United States' Memorandum of Law as Amicus Curiae in Opposition to Defendants' Motion to Dismiss

The Arc of Virginia, Inc. v. Kaine

Nov. 24, 2009

Nov. 24, 2009

Discovery Material/FOIA Release
31

3:09-cv-00686

Order

The Arc of Virginia, Inc. v. Kaine

Dec. 17, 2009

Dec. 17, 2009

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4405397/arc-of-virginia-inc-the-v-kaine/

Last updated Jan. 27, 2024, 3:30 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Timothy M. Kaine, Viola O. Baskerville, Marilyn B. Tavenner, James S. Reinhard, Richard F. Sliwoski (Filing fee $350.00 receipt number 34683005759) filed by Arc of Virginia, Inc., The (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(lsal) (Entered: 10/27/2009)

1 Civil Cover Sheet

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2 Receipt

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Oct. 27, 2009

Oct. 27, 2009

PACER
2

MOTION for Preliminary Injunction by Arc of Virginia, Inc., The. (lsal) (Entered: 10/27/2009)

Oct. 27, 2009

Oct. 27, 2009

PACER
3

Memorandum in Support of 2 MOTION for Preliminary Injunction filed by Arc of Virginia, Inc., The. (lsal) (Entered: 10/27/2009)

Oct. 27, 2009

Oct. 27, 2009

PACER
4

Summons Issued as to Timothy M. Kaine, Viola O. Baskerville, Marilyn B. Tavenner, James S. Reinhard, Richard F. Sliwoski; attorney telephoned for pickup as instructed; (lsal) (Entered: 10/27/2009)

Oct. 27, 2009

Oct. 27, 2009

PACER
5

NOTICE by Arc of Virginia, Inc., The re 3 Memorandum in Support Substitute Page 9 (Martinis, Jonathan) (Entered: 10/28/2009)

Oct. 28, 2009

Oct. 28, 2009

PACER
6

NOTICE of Appearance by Ishneila I. G. Moore on behalf of Ishneila I.G. Moore (Moore, Ishneila) (Entered: 11/03/2009)

Nov. 3, 2009

Nov. 3, 2009

PACER
7

MOTION for Extension of Time to File Response to 2 MOTION for Preliminary Injunction by Timothy M. Kaine, Viola O. Baskerville, Marilyn B. Tavenner, James S. Reinhard, Richard F. Sliwoski. (Moore, Ishneila) (Entered: 11/06/2009)

Nov. 6, 2009

Nov. 6, 2009

PACER
8

SUMMONS Returned Executed: Timothy M. Kaine served on 10/26/2009, answer due 11/16/2009; Viola O. Baskerville served on 10/26/2009, answer due 11/16/2009; Marilyn B. Tavenner served on 10/26/2009, answer due 11/16/2009; James S. Reinhard served on 10/26/2009, answer due 11/16/2009; Richard F. Sliwoski served on 10/26/2009, answer due 11/16/2009 (lsal) (Entered: 11/09/2009)

Nov. 9, 2009

Nov. 9, 2009

PACER
9

Memorandum in Opposition re 2 MOTION for Preliminary Injunction filed by Timothy M. Kaine, Viola O. Baskerville, Marilyn B. Tavenner, James S. Reinhard, Richard F. Sliwoski. (Attachments: # 1 Exhibit Advisory Committee Mtg, # 2 Exhibit Petition Against Closure of SEVTC, # 3 Exhibit Letter, # 4 Exhibit SEVTC Advisory Committee, # 5 Exhibit DBHDS Preliminary Plan and Timeline for Downsizing SEVTC, # 6 Exhibit Letter, # 7 Exhibit Budget Bill Item 315, # 8 Exhibit Letter, # 9 Exhibit Letter)(Moore, Ishneila) (Entered: 11/12/2009)

1 Exhibit Advisory Committee Mtg

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2 Exhibit Petition Against Closure of SEVTC

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3 Exhibit Letter

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4 Exhibit SEVTC Advisory Committee

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5 Exhibit DBHDS Preliminary Plan and Timeline for Downsizing SEVTC

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6 Exhibit Letter

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7 Exhibit Budget Bill Item 315

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8 Exhibit Letter

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9 Exhibit Letter

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Nov. 12, 2009

Nov. 12, 2009

PACER
10

MOTION to Dismiss by Timothy M. Kaine, Viola O. Baskerville, Marilyn B. Tavenner, James S. Reinhard, Richard F. Sliwoski. (Moore, Ishneila) (Entered: 11/12/2009)

Nov. 12, 2009

Nov. 12, 2009

PACER
11

Memorandum in Support re 10 MOTION to Dismiss filed by Timothy M. Kaine, Viola O. Baskerville, Marilyn B. Tavenner, James S. Reinhard, Richard F. Sliwoski. (Attachments: # 1 Exhibit Advisory Committee Meeting, # 2 Exhibit Petition Against Closure of SEVTC, # 3 Exhibit Letter, # 4 Exhibit SEVTC Advisory Committee, # 5 Exhibit DBHDS Preliminary Plan and Timeline for Downsizing SEVTC, # 6 Exhibit Letter, # 7 Exhibit Budget Bill Item 315)(Moore, Ishneila) (Entered: 11/12/2009)

1 Exhibit Advisory Committee Meeting

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2 Exhibit Petition Against Closure of SEVTC

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3 Exhibit Letter

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4 Exhibit SEVTC Advisory Committee

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5 Exhibit DBHDS Preliminary Plan and Timeline for Downsizing SEVTC

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6 Exhibit Letter

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7 Exhibit Budget Bill Item 315

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Nov. 12, 2009

Nov. 12, 2009

PACER
12

ORDER that defendants shall file an Answer by 11/19/09; plaintiff shall file a reply to defendant's Memorandum in Opposition to Motion for Preliminary Injunction by 11/19/09; further ORDERED that plaintiff shall file a response to the Motion to Dismiss by 11/19/09; defendant shall file reply by 11/23/09; further ORDERED that oral arguments on motions are SET for 11/30/09 at 10:00 a.m.; Signed by District Judge Robert E. Payne on 11/13/09. (lsal) (Entered: 11/16/2009)

Nov. 16, 2009

Nov. 16, 2009

PACER
13

ANSWER to 1 Complaint, and Ground of Defense by Timothy M. Kaine, Viola O. Baskerville, Marilyn B. Tavenner, James S. Reinhard, Richard F. Sliwoski.(Moore, Ishneila) (Entered: 11/19/2009)

Nov. 19, 2009

Nov. 19, 2009

PACER
14

REPLY to Response to Motion re 2 MOTION for Preliminary Injunction filed by Arc of Virginia, Inc., The. (Attachments: # 1 Exhibit G, # 2 Exhibit H, # 3 Exhibit I, # 4 Exhibit J, # 5 Exhibit K, # 6 Exhibit L)(Ek, Kalena) (Entered: 11/19/2009)

1 Exhibit G

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2 Exhibit H

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3 Exhibit I

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4 Exhibit J

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5 Exhibit K

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6 Exhibit L

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Nov. 19, 2009

Nov. 19, 2009

PACER
15

ORDER DENYING as MOOT 7 Motion for Extension of Time to File Response to plaintiff's Motion for Preliminary Injunction; Signed by District Judge Robert E. Payne on 11/18/09. (lsal) (Entered: 11/19/2009)

Nov. 19, 2009

Nov. 19, 2009

PACER
16

Memorandum in Opposition re 10 MOTION to Dismiss filed by Arc of Virginia, Inc., The. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Ek, Kalena) (Entered: 11/19/2009)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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Nov. 19, 2009

Nov. 19, 2009

RECAP
17

MOTION for Leave to Participate as Amicus Curiae filed by United States; (lsal) (Entered: 11/20/2009)

Nov. 20, 2009

Nov. 20, 2009

PACER
18

Memorandum in Support of 17 MOTION for Leave to Participate as Amicus Curiae filed by United States (lsal) (Entered: 11/20/2009)

Nov. 20, 2009

Nov. 20, 2009

PACER
19

RESPONSE in Support re 10 MOTION to Dismiss filed by Timothy M. Kaine, Viola O. Baskerville, Marilyn B. Tavenner, James S. Reinhard, Richard F. Sliwoski. (Moore, Ishneila) (Entered: 11/23/2009)

Nov. 23, 2009

Nov. 23, 2009

PACER
20

NOTICE by Timothy M. Kaine, Viola O. Baskerville, Marilyn B. Tavenner, James S. Reinhard, Richard F. Sliwoski of Filing (Attachments: # 1 Affidavit of Dix, # 2 Affidavit of Shrewsberry, # 3 Affidavit of Sivertson, # 4 Affidavit of Seward, # 5 Affidavit of Banks)(Moore, Ishneila) (Entered: 11/23/2009)

1 Affidavit of Dix

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2 Affidavit of Shrewsberry

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3 Affidavit of Sivertson

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4 Affidavit of Seward

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5 Affidavit of Banks

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Nov. 23, 2009

Nov. 23, 2009

PACER
21

Notice of Substitution of Counsel of Debra J. Prillaman by Robert P. McIntosh on behalf of United States Of America (McIntosh, Robert) (Entered: 11/24/2009)

Nov. 24, 2009

Nov. 24, 2009

PACER
22

ORDER granting 17 Motion for Leave to Participate as Amicus Curiae; the United States shall file a brief by November 24, 2009; the Plaintiff and the Defendant shall file any responses by November 27, 2009. Signed by District Judge Robert E. Payne on 11/23/09. (kyou, ) (Entered: 11/24/2009)

Nov. 24, 2009

Nov. 24, 2009

PACER
23

MOTION for Pro hac vice for Sheila Katherine Delaney by United States Of America. (kyou, ) (Entered: 11/24/2009)

Nov. 24, 2009

Nov. 24, 2009

PACER
24

Memorandum in Opposition re 10 MOTION to Dismiss filed by United States Of America. (Attachments: # 1 Exhibit Wagner (case), # 2 Exhibit, # 3 Exhibit Martinez (case), # 4 Exhibit Feeley (case), # 5 Exhibit Brantley (case))(McIntosh, Robert) (Entered: 11/24/2009)

1 Exhibit Wagner (case)

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2 Exhibit

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3 Exhibit Martinez (case)

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4 Exhibit Feeley (case)

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5 Exhibit Brantley (case)

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Nov. 24, 2009

Nov. 24, 2009

RECAP
25

So Ordered re 23 MOTION for Pro hac vice for Sheila Katherine Delaney filed by United States Of America. Signed by District Judge Robert E. Payne on 11/24/09. (kyou, ) (Entered: 11/25/2009)

Nov. 25, 2009

Nov. 25, 2009

PACER
26

Response to the United States' Memorandum of Law filed by Timothy M. Kaine, Viola O. Baskerville, Marilyn B. Tavenner, James S. Reinhard, Richard F. Sliwoski. (Moore, Ishneila) (Entered: 11/25/2009)

Nov. 25, 2009

Nov. 25, 2009

PACER
27

NOTICE by Timothy M. Kaine, Viola O. Baskerville, Marilyn B. Tavenner, James S. Reinhard, Richard F. Sliwoski (Attachments: # 1 Affidavit Second Declaration of Dix)(Moore, Ishneila) (Entered: 11/25/2009)

1 Affidavit Second Declaration of Dix

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Nov. 25, 2009

Nov. 25, 2009

PACER
28

Response to 24 Memorandum in Opposition, filed by The United States filed by Arc of Virginia, Inc., The. (Martinis, Jonathan) (Entered: 11/26/2009)

Nov. 26, 2009

Nov. 26, 2009

PACER
29

Minute Entry for proceedings held before District Judge Robert E. Payne: Motion Hearing held on 11/30/2009. Arguments had on Deft's Motion To Dismiss. Arguments had on Plaintiff's Motion for a Preliminary Injunction. Motions taken under advisement by the Court. (Court Reporter Diane Daffron, OCR.) (sneal, ) (Entered: 11/30/2009)

Nov. 30, 2009

Nov. 30, 2009

PACER
30

MEMORANDUM AND OPINION. Signed by District Judge Robert E. Payne on 12/16/09. (kyou, ) (Entered: 12/17/2009)

Dec. 17, 2009

Dec. 17, 2009

RECAP
31

ORDER denying 2 Motion for Preliminary Injunction; granting 10 Motion to Dismiss without prejudice. Signed by District Judge Robert E. Payne on 12/16/09. (kyou, ) (Entered: 12/17/2009)

Dec. 17, 2009

Dec. 17, 2009

PACER
32

NOTICE OF APPEAL as to 31 Order on Motion for Preliminary Injunction, Order on Motion to Dismiss, 30 Memorandum & Opinion by Arc of Virginia, Inc., The. (Martinis, Jonathan) (Entered: 12/28/2009)

Dec. 28, 2009

Dec. 28, 2009

PACER
33

USCA Appeal Fees received $ 455 receipt number 34683006528 re 32 Notice of Appeal filed by Arc of Virginia, Inc., The (lbre, ) (Entered: 12/29/2009)

Dec. 28, 2009

Dec. 28, 2009

PACER
34

Transmission of Notice of Appeal to US Court of Appeals re 32 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (lbre, ) (Entered: 12/29/2009)

Dec. 29, 2009

Dec. 29, 2009

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 27, 2009

Closing Date: Oct. 12, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Arc of Virginia is an organization that advocates for the rights and full participation of all children and adults with intellectual and developmental disabilities.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Virginia, State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Preliminary injunction / Temp. restraining order

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Issues

General:

Classification / placement

Deinstitutionalization/decarceration

Disability and Disability Rights:

disability, unspecified

Integrated setting

Least restrictive environment

Mental impairment

Intellectual/developmental disability, unspecified

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Intellectual/Developmental Disability

Type of Facility:

Government-run

Benefit Source:

Medicaid