University of Michigan Law School
Civil Rights Litigation Clearinghouse
HOME
ABOUT
FOR TEACHERS
SEARCH
QUESTIONS
RECENT ADDITIONS
feedback/
suggestions
log in/
register
Case Profile
new search
page permalink
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
compress summary
- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
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
Case Details
click to show/hide detail
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
Filed
12/04/2012
Case Closing Year
2013
Case Ongoing
No
Additional Resources
click to show/hide detail
See this case
at CourtListener.com
(May provide additional documents and, for active cases, real-time alerts)
Documents
click to show/hide detail
Court
Docket(s)
E.D. Cal.
08/02/2013
2:12-cv-02928-WBS-GGH
PB-CA-0039-9000.pdf
|
Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
E.D. Cal.
12/04/2012
Complaint [ECF# 1]
PB-CA-0039-0001.pdf
|
Detail
Source: PACER [Public Access to Court Electronic Records]
E.D. Cal.
07/31/2013
Settlement Agreement [ECF# 21-1]
PB-CA-0039-0003.pdf
|
Detail
Source: PACER [Public Access to Court Electronic Records]
E.D. Cal.
08/01/2013
Order for Dismissal [ECF# 22]
PB-CA-0039-0002.pdf
|
Detail
Source: Bloomberg Law
People
click to show/hide detail
show all people docs
Judges
Delaney, Carolyn K.
(E.D. Cal.) [Magistrate]
show/hide docs
PB-CA-0039-9000
Shubb, William B.
(E.D. Cal.)
show/hide docs
PB-CA-0039-0002 | PB-CA-0039-9000
Plaintiff's Lawyers
Bird, Melinda R.
(California)
show/hide docs
PB-CA-0039-9000
Coleman, Jacquline Yvonne
(California)
show/hide docs
PB-CA-0039-9000
Iriarte, Maria F.
(California)
show/hide docs
PB-CA-0039-0001 | PB-CA-0039-9000
Marley, Debra Back
(California)
show/hide docs
PB-CA-0039-0001 | PB-CA-0039-0003 | PB-CA-0039-9000
Newman, Robert D. Jr.
(California)
show/hide docs
PB-CA-0039-0003 | PB-CA-0039-9000
Tawatao, Rau Mona
(California)
show/hide docs
PB-CA-0039-9000
Defendant's Lawyers
Armstrong, Rebecca M.
(California)
show/hide docs
PB-CA-0039-9000
Harris, Kamala D.
(California)
show/hide docs
PB-CA-0039-0003
Read-Spangler, Kara
(California)
show/hide docs
PB-CA-0039-0003 | PB-CA-0039-9000
- click to show/hide ALL -
new search
page permalink
- top of page -
Contact
Report an Error
Privacy Policy