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Case Name
Billy A. & Miss. Coalition for Citizens with Disabilities v. Lewis-Payton
PB-MS-0001
Docket / Court
3:02-cv-00475-HTW-JCS ( S.D. Miss. )
State/Territory
Mississippi
Case Type(s)
Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection
Olmstead Cases
Attorney Organization
Steve Gold
Case Summary
Five individuals with disabilities and the Mississippi Coalition for Citizens with Disabilities filed this class action lawsuit in the U.S. District Court for the Southern District of Mississippi on May 17, 2002. The plaintiffs argued that they were unnecessarily institutionalized (or at risk of ...
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Five individuals with disabilities and the Mississippi Coalition for Citizens with Disabilities filed this class action lawsuit in the U.S. District Court for the Southern District of Mississippi on May 17, 2002. The plaintiffs argued that they were unnecessarily institutionalized (or at risk of unnecessary institutionalization) due to a lack of adequate community-based habilitation and support services. Plaintiffs claim that Mississippi's policy of only providing certain necessary services in institutional settings violates the Americans with Disabilities Act, the federal Medicaid Act, and Section 504 of the Rehabilitation Act.
The parties entered a period of discovery, and the court (Judge Henry T. Wingate) certified the class on September 30, 2003. Ultimately, the parties entered a settlement in June 2005. The settlement will allow the class to receive services in their communities through a Medicaid waiver. It will also create opportunities for individuals residing in nursing homes to transition to the community. The Defendants generally agreed to increase funding for Waiver programs and to create additional support services that will allow recipients to access what they need to remain in the community.
The agreement ended in 2008, and the case is now closed.
Beth Kurtz - 04/26/2013
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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Content of Injunction
Discrimination Prohibition
Monitor/Master
Monitoring
Preliminary relief granted
Reasonable Accommodation
Defendant-type
Hospital/Health Department
Jurisdiction-wide
Disability
disability, unspecified
Integrated setting
Least restrictive environment
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Deinstitutionalization/decarceration
Habilitation (training/treatment)
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Wait lists
Plaintiff Type
Private Plaintiff
Causes of Action
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Case Details
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Defendant(s)
Mississippi Department of Human Services
Mississippi Department of Rehabilitation Services
Mississippi Division of Medicaid
Plaintiff Description
Plaintiffs are individuals with disabilities who are or will be unnecessarily institutionalized due to a lack of community-based services.
Indexed Lawyer Organizations
Steve Gold
Class action status sought
Yes
Class action status granted
Yes
Filed Pro Se
No
Prevailing Party
Plaintiff
Public Int. Lawyer
Yes
Nature of Relief
Preliminary injunction / Temp. restraining order
Injunction / Injunctive-like Settlement
Source of Relief
Settlement
Form of Settlement
Court Approved Settlement or Consent Decree
Order Duration
2003 - 2008
Filed
05/17/2002
Case Closing Year
2008
Case Ongoing
No
Additional Resources
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Documents
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Court
Docket(s)
S.D. Miss.
06/28/2005
3:02-cv-00475-HTW-JCS
PB-MS-0001-9000.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
S.D. Miss.
06/23/2005
Settlement Agreement [ECF# 112]
PB-MS-0001-0001.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
People
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Judges
Sumner, James C. Jr.
(S.D. Miss.) [Magistrate]
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PB-MS-0001-9000
Wingate, Henry Travillion
(S.D. Miss.)
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PB-MS-0001-9000
Plaintiff's Lawyers
Comstock-Galagan, Jim
(Mississippi)
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PB-MS-0001-0001 | PB-MS-0001-9000
Gold, Stephen F.
(Pennsylvania)
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PB-MS-0001-0001 | PB-MS-0001-9000
McDuff, Robert B.
(Mississippi)
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PB-MS-0001-9000
O'Connell, Maureen
(Maryland)
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PB-MS-0001-0001 | PB-MS-0001-9000
Defendant's Lawyers
Hood, Jim
(Mississippi)
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PB-MS-0001-0001
Moore, Rikey T.
(Mississippi)
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PB-MS-0001-9000
Pizzetta, Harold Edward III
(Mississippi)
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PB-MS-0001-0001 | PB-MS-0001-9000
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