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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
On December 4, 2012, a 21-year-old with muscular dystrophy filed this lawsuit against the California Department of Health Care Services in the U.S. District Court for the Eastern District of California. Prior to turning 21, the plaintiff had received 615 hours of Medi-Cal funded, in-home nursing ... read more >
On December 4, 2012, a 21-year-old with muscular dystrophy filed this lawsuit against the California Department of Health Care Services in the U.S. District Court for the Eastern District of California. Prior to turning 21, the plaintiff had received 615 hours of Medi-Cal funded, in-home nursing care per month. Once he turned 21 in September 2012, however, the state reduced his nursing care by 200 hours per month due to its restrictions on funded nursing hours for adults, despite the fact that his condition remained the same. The plaintiff alleged that the reduction in nursing hours put him at serious risk of unnecessary institutionalization in violation of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. He also alleged a deprivation of the constitutional right to procedural due process under 42 U.S.C. § 1983. The plaintiff sought declaratory and injunctive relief to prevent the reduction in his in-home nursing care.

On August 1, 2013, Judge William B. Shubb dismissed the case pursuant to the parties' settlement agreement. Under the terms of the agreement, the plaintiff was permitted to select any combination of services available under the state plan to address his health care needs. The plaintiff could also, when medically necessary, submit a request to be reassessed for additional waiver services. The defendant agreed to pay $69,500 in attorneys' fees and costs. The case is now closed.

Beth Kurtz - 02/22/2013
Eva Richardson - 10/21/2018


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Constitutional Clause
Due Process
Content of Injunction
Reasonable Accommodation
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 42 U.S.C. § 1983
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
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2013 - 2013
Filing Year 2012
Case Closing Year 2013
Case Ongoing No
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]
Settlement Agreement [ECF# 21-1]
PB-CA-0039-0003.pdf | Detail
Date: 07/31/2013
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 Delaney, Carolyn K. (E.D. Cal.) [Magistrate]
PB-CA-0039-9000
Shubb, William B. (E.D. Cal.)
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-0039-0003 | PB-CA-0039-9000
Newman, Robert D. Jr. (California)
PB-CA-0039-0003 | PB-CA-0039-9000
Tawatao, Rau Mona (California)
PB-CA-0039-9000
Defendant's Lawyers Armstrong, Rebecca M. (California)
PB-CA-0039-9000
Harris, Kamala D. (California)
PB-CA-0039-0003
Read-Spangler, Kara (California)
PB-CA-0039-0003 | PB-CA-0039-9000

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