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Case Name Carranza v. Douglas PB-CA-0039
Docket / Court 2:12-cv-02928 ( E.D. Cal. )
State/Territory California
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization NDRN/Protection & Advocacy Organizations
Case Summary
The Plaintiff is a 21-year-old with muscular dystrophy. He qualifies for care in a Subacute Medical Facility but is able to remain in the community so long as he receives extensive nursing care in his home. When the Plaintiff turned 21 in September 2012, the state reduced his nursing care by 200 ... read more >
The Plaintiff is a 21-year-old with muscular dystrophy. He qualifies for care in a Subacute Medical Facility but is able to remain in the community so long as he receives extensive nursing care in his home. When the Plaintiff turned 21 in September 2012, the state reduced his nursing care by 200 hours per month due to his new categorization as an adult. The state provides fewer nursing hours to adults than to children. Despite this change, he alleges that his condition remains the same, and without adequate nursing care in his home, he would need to be institutionalized. The Plaintiff filed this complaint in the U.S. District Court for the Eastern District of California on December 4, 2012, alleging that the reduction in nursing hours puts him at serious risk of unnecessary institutionalization in violation of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

The case is currently pending before Judge William B. Shubb. The Defendants have received several extensions of responsive pleading deadlines.

Beth Kurtz - 02/22/2013


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Defendant-type
Hospital/Health Department
Jurisdiction-wide
Disability
Integrated setting
Least restrictive environment
Mobility impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Deinstitutionalization/decarceration
Habilitation (training/treatment)
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Plaintiff Type
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) California Department of Health Care Services
Plaintiff Description Plaintiff is a 21-year-old with muscular dystrophy. He requires extensive home nursing care to allow him to live in the community.
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Additional Resources
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Links William G. v. Pataki
http://www.bazelon.org/william-g-v-pataki/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Disability Rights New Jersey v. Velez
http://www.bazelon.org/drnj-v-velez/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Williams v. Quinn
http://www.bazelon.org/williams-v-quinn/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  United States of America v. Commonwealth of Virginia
http://www.bazelon.org/u-s-v-virginia/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  United States of America v. North Carolina
http://www.bazelon.org/u-s-v-north-carolina/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  U.S. v. Georgia
http://www.bazelon.org/u-s-v-georgia/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  O'Toole v. Cuomo [Formerly DAI v. Cuomo]
http://www.bazelon.org/otoole-v-cuomo/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Amanda D. v. Hassan
http://www.bazelon.org/amanda-d-v-hassan/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

Docket(s)
2:12-cv-02928-WBS-GGH (E.D. Cal.)
PB-CA-0039-9000.pdf | Detail
Date: 08/02/2013
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
PB-CA-0039-0001.pdf | Detail
Date: 12/04/2012
Source: PACER [Public Access to Court Electronic Records]
Order for Dismissal (E.D. Cal.)
PB-CA-0039-0002.pdf | Detail
Date: 08/01/2013
Source: Bloomberg Law
Judges Shubb, William B. Court not on record
PB-CA-0039-0002 | PB-CA-0039-9000
Plaintiff's Lawyers Bird, Melinda R. (California)
PB-CA-0039-9000
Coleman, Jacquline Yvonne (California)
PB-CA-0039-9000
Iriarte, Maria F. (California)
PB-CA-0039-0001 | PB-CA-0039-9000
Marley, Debra Back (California)
PB-CA-0039-0001 | PB-CA-0039-9000
Newman, Robert D. Jr. (California)
PB-CA-0039-9000
Tawatao, Rau Mona (California)
PB-CA-0039-9000
Defendant's Lawyers Armstrong, Rebecca M. (California)
PB-CA-0039-9000
Read-Spangler, Kara (California)
PB-CA-0039-9000

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