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Civil Rights Litigation Clearinghouse
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Case Name Ball v. Kasich PB-OH-0008
Docket / Court 2:16-cv-282 ( S.D. Ohio )
State/Territory Ohio
Case Type(s) Intellectual Disability (Facility)
Public Benefits / Government Services
Special Collection Olmstead Cases
Case Summary
On March 31, 2016, individuals with intellectual and developmental disabilities filed this class action complaint in the U.S. District Court for the Southern District of Ohio. They sued the state of Ohio, including the state's disability departments, under Title II of the Americans with ... read more >
On March 31, 2016, individuals with intellectual and developmental disabilities filed this class action complaint in the U.S. District Court for the Southern District of Ohio. They sued the state of Ohio, including the state's disability departments, under Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 42 U.S.C. § 1983, and the Social Security Act. The plaintiffs issued a press release on the same day, available here. The plaintiffs have also published a fact sheet regarding the litigation, available here.

The plaintiffs filed on behalf of all patients institutionalized, or at serious risk of institutionalization, at Intermediate Care Facilities (ICF) for individuals with intellectual disabilities, even though they would prefer to reside in an integrated, community-based setting and receive integrated, community-based employment or day services. They claimed that they were experiencing, or were at risk of experiencing, pervasive and widespread isolation and segregation in violation of Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, the Supreme Court’s decision in Olmstead v. L.C., and the Social Security Act. The Ability Center of Greater Toledo also joined the suit as a plaintiff, claiming that it suffered economic injury. The complaint estimated that the class includes approximately 27,800 similarly situated individuals.

In the period from May until October, the defendants made several motions to dismiss. On August 22, 2016, the plaintiffs moved to certify the class. On September 21, 2016, Magistrate Judge Deavers issued an order regarding discovery, setting a due date of January 31, 2017 for the plaintiffs’ amended motion for class certification.

On March 23, 2017, the court (Judge Edmund A. Sargus, Jr.) issued an opinion and order denying the defendants’ motions to dismiss (except for Governor John Kasich’s motion, which was granted in part and denied in part). 244 F.Supp.3d 662 (S.D. Ohio 2017). The court rejected the Director of Opportunities for Ohioans with Disabilities’ argument that the court should dismiss the class action because Disability Rights Ohio (whose attorneys represent the plaintiffs and signed the complaint) is precluded from bringing the action; the court explained that the scope of representation is a collateral issue best left to the governing agency. The court granted in part the Governor’s motion to dismiss the plaintiffs’ ADA and Social Security Act claims and denied in part his motion to dismiss the plaintiffs’ Rehabilitation Act claim. The court rejected the Director of the Ohio Department of Developmental Disability’s claim that a consent decree from a prior case, Martin v. Taft (S.D. Ohio, 2007), and res judicata compel dismissal; the court explained that this case concerns allegations that arose after Martin. The court also rejected defendants’ arguments concerning ripeness of claims, standing, and enforceability and standing under the Social Security Act.

On March 27, 2017 the court (Judge Sargus) issued an opinion and order granting what it described as the plaintiffs’ unopposed motion for class certification. 2017 WL 1148358. The court certified the class as consisting of the following: “All Medicaid-eligible adults with intellectual and developmental disabilities residing in the state of Ohio who, on or after March 31, 2016, are institutionalized, or at serious risk of institutionalization, in an Intermediate Care Facility with eight or more beds, and who have not documented their opposit[ion] to receiving integrate[d], community-based services.”

However, on March 30, 2017 the defendants filed a motion to expedite reconsideration of the class certification order, given that, according to the defendants, the parties are currently conducting class-based discovery and the defendants’ response to the plaintiffs’ motion is not yet due.

On April 7, 2017, the court (Judge Deavers) issued an order setting a new deadline for conducting class discovery (May 19, 2017), and a new deadline for the defendants to file their motion in opposition to the plaintiffs’ motion for class certification (June 16, 2017). The court also granted the defendants’ unopposed joint motion for extension of time to answer the plaintiffs’ class action complaint. The defendants filed their answers on April 20, 2017.

On April 19, 2017, ten individuals with intellectual and developmental disabilities served by Ohio's ICF system filed, through their guardians, a motion to intervene as plaintiffs. Following the guardians' motion for intervention, 99 individuals (other guardians of individuals in Ohio ICFs) filed motions to join in intervention. The guardian intervenors indicated that, for their wards, they did not want movement from their current institutional setting and that forcing them to move would cause substantial harm. They feared that the plaintiffs' claims and relief would deny individuals with intellectual and developmental disabilities the choice to remain in an ICF. They sought intervention to protect their choice for their ward to remain in an ICF and for ICF placement to be provided as an option for people living in the community with unmet service needs. On May 10, 2017, the plaintiffs filed a response in opposition, stating that the requested relief would in no way foreclose the right of individuals to exercise informed choice to remain in ICFs.

On June 5, 2017, the court held a settlement conference in which the parties and the proposed intervenors participated. In an order of July 25, 2017, the court (Judge Sargus) permitted intervention by the guardian intervenors and by Ohio Association of County Boards of Developmental Disabilities.

The parties engaged in mediation and significant discovery around the reconsideration of the class certification. In light of the class-based discovery and the intervention by the ICF guardians and the county board association, the plaintiffs moved to modify the class definition on August 28, 2017. The court granted the motion on September 20, 2017, and in their October 20, 2017 reply brief, the plaintiffs submitted the following modified class definition: "All Medicaid-eligible adults with intellectual and developmental disabilities residing in the state of Ohio who, on or after March 31, 2016, are qualified for home and community-based services, but (a) are institutionalized in an Intermediate Care Facility with eight or more beds, and, after receiving options counseling, express that they are interested in, or may be interested in, integrated community-based services; or (b) are at serious risk of institutionalization in an Intermediate Care Facility with eight or more beds and have, by placing themselves on a waiting list for community-based services, expressed an interest in receiving integrated services while continuing to live in the community."

On March 30, 2018, the court (Judge Sargus) granted in part and denied in part the plaintiffs' motion for class certification. 307 F.Supp.3d 701 (S.D. Ohio 2018). The court exercised its discretion to modify class definitions, and revised the class definition as follows: "All Medicaid-eligible adults with intellectual and developmental disabilities residing in the state of Ohio, who, on or after March 31, 2016, are qualified for home and community-based services, and, after receiving options counseling, express that they are interested in community-based services."

The parties had another settlement conference on June 11, 2018. As of August 11, 2018, a jury trial is set for October 21, 2019.

Julie Singer - 02/11/2017
Julie Singer - 04/12/2017
Sarah McDonald - 08/11/2018


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Disability
Integrated setting
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Deinstitutionalization/decarceration
Individualized planning
Medical/Mental Health
Intellectual/Developmental Disability
Mental Disability
Intellectual/developmental disability, unspecified
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
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
Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Defendant(s) Ohio Department of Developmental Disabilities
Ohio Department of Medicaid
Opportunities for Ohioans with Disabilities
The State of Ohio
Plaintiff Description Individuals with intellectual and developmental disabilities, representing a class defined as follows (as revised by the court): "All Medicaid-eligible adults with intellectual and developmental disabilities residing in the state of Ohio who, on or after March 31, 2016, are qualified for home and community-based services, and, after receiving options counseling, express that they are interested in community-based services."
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filing Year 2016
Case Ongoing Yes
Docket(s)
2:16-cv-282 (S.D. Ohio)
PB-OH-0008-9000.pdf | Detail
Date: 08/06/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Fact Sheet
PB-OH-0008-0002.pdf | External Link | Detail
Date: 03/31/2016
Source: Plaintiffs' counsel
Class Action Complaint [ECF# 1]
PB-OH-0008-0001.pdf | Detail
Date: 03/31/2016
Source: PACER [Public Access to Court Electronic Records]
Opinion and Order [ECF# 90] (2017 WL 1102688) (S.D. Ohio)
PB-OH-0008-0003.pdf | WESTLAW | Detail
Date: 03/23/2017
Source: PACER [Public Access to Court Electronic Records]
Opinion and Order [ECF# 91] (2017 WL 1148358) (S.D. Ohio)
PB-OH-0008-0004.pdf | WESTLAW | Detail
Date: 03/27/2017
Source: PACER [Public Access to Court Electronic Records]
Opinion and Order [ECF# 303] (307 F.Supp.3d 701) (S.D. Ohio)
PB-OH-0008-0005.pdf | WESTLAW| LEXIS | Detail
Date: 03/30/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Deavers, Elizabeth Preston Court not on record [Magistrate]
PB-OH-0008-9000
Sargus, Edmund A. Jr. (S.D. Ohio)
PB-OH-0008-0003 | PB-OH-0008-0004 | PB-OH-0008-0005 | PB-OH-0008-9000
Plaintiff's Lawyers Bagenstos, Samuel R. (Michigan)
PB-OH-0008-9000
Bagenstos, Samuel R. (Massachusetts)
PB-OH-0008-0001
Costanzo, Cathy E. (Massachusetts)
PB-OH-0008-0001 | PB-OH-0008-9000
Ellis, Neil R. (District of Columbia)
PB-OH-0008-0001 | PB-OH-0008-9000
Hutchinson, John Gribbin (New York)
PB-OH-0008-9000
Kayes, Thomas (Illinois)
PB-OH-0008-9000
Knapp, Kristen A. (District of Columbia)
PB-OH-0008-9000
Krieger, Anna M. (Massachusetts)
PB-OH-0008-0001 | PB-OH-0008-9000
McKay, Alison A. (Ohio)
PB-OH-0008-0001 | PB-OH-0008-9000
McLean, Nicholas M. (New York)
PB-OH-0008-9000
Muenz, Jonathan Warren (New York)
PB-OH-0008-9000
Rau, Kristen E. (Illinois)
PB-OH-0008-0001 | PB-OH-0008-9000
Rucker, Kathryn L (Massachusetts)
PB-OH-0008-0001 | PB-OH-0008-9000
Sjoberg-Witt, Kerstin S. (Ohio)
PB-OH-0008-0001 | PB-OH-0008-9000
Truitt, Kevin J. (Ohio)
PB-OH-0008-0001 | PB-OH-0008-9000
Defendant's Lawyers Brigner, Julie E. (Ohio)
PB-OH-0008-9000
Buchbinder, Robert Charles (Ohio)
PB-OH-0008-9000
Carwile, Tiffany L. (Ohio)
PB-OH-0008-9000
James, Larry Holliday (Ohio)
PB-OH-0008-9000
Jarosch, Jeffrey (Ohio)
PB-OH-0008-9000
Keller, Zachary Paul (Ohio)
PB-OH-0008-9000
Lodico, Vincent James (Ohio)
PB-OH-0008-9000
Lusenhop, Peter A. (Ohio)
PB-OH-0008-9000
Mundy, Kara Marie (Ohio)
PB-OH-0008-9000
Pierce, Sarah E. (Ohio)
PB-OH-0008-9000
Radic, Justin T. (Ohio)
PB-OH-0008-9000
Richardson, Ryan L (Ohio)
PB-OH-0008-9000
Scrutton, Suzanne Jo (Ohio)
PB-OH-0008-9000
Showalter, Allan K. (Ohio)
PB-OH-0008-9000
Tice, Frank David V. (Ohio)
PB-OH-0008-9000
Other Lawyers Beehler, Jason Hayes (Ohio)
PB-OH-0008-9000
Brody, John Paul (Ohio)
PB-OH-0008-9000
Choslovsky, William (Illinois)
PB-OH-0008-9000
Cohen, Robert G. (Ohio)
PB-OH-0008-9000
Dane, Stephen M (Ohio)
PB-OH-0008-9000
Graff, Julia (District of Columbia)
PB-OH-0008-9000
Harrison, John Richard (Ohio)
PB-OH-0008-9000
Hickman, Franklin J. (Ohio)
PB-OH-0008-9000
Reynolds, Diane Devitt (Ohio)
PB-OH-0008-9000
Sugarman, Roger Philip (Ohio)
PB-OH-0008-9000

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