Carranza v. Douglas | Civil Rights Litigation Clearinghouse

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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 compress summary

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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

Case Details

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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 ]

Documents

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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

People

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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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