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Case Name G.G. v. Hickenlooper CJ-CO-0002
Docket / Court 1:16-cv-00428 ( D. Colo. )
State/Territory Colorado
Case Type(s) Criminal Justice (Other)
Mental Health (Facility)
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization Legal Services/Legal Aid
Case Summary
On February 22, 2016, individuals with mental illness and/or in need of addiction and substance abuse services who were exiting jails, prisons, nursing homes, mental health institutes, or who were currently homeless, filed this class-action complaint in the United States District Court for the ... read more >
On February 22, 2016, individuals with mental illness and/or in need of addiction and substance abuse services who were exiting jails, prisons, nursing homes, mental health institutes, or who were currently homeless, filed this class-action complaint in the United States District Court for the District of Colorado. The plaintiffs sued the State of Colorado, the Colorado Department of Healthcare Policy and Financing, the Colorado Department of Local Affairs, and the Colorado Department of Human Services, seeking declaratory and injunctive relief. They brought claims under the Americans with Disabilities Act, the Rehabilitation Act, and Title XIX of the Social Security Act. The plaintiffs, represented by The Orchid Mental Health Legal Advocacy of Colorado, sought a permanent injunction to require defendants to ensure housing, treatment and other services be brought to scale to meet the needs of the class.

Specifically, the plaintiffs asserted that class members were forced to wait when seeking housing or treatment, or didn’t receive these services at all.

The plaintiffs sought to represent three sub-classes:
a) Adults with have “mental illness” who met the level of care for Colorado Medicaid Long Term Care Home and Community Based Services;
b) Adult patients at Colorado’s Mental Health Institutes who were soon to be released from the Colorado Mental Institutes and were in need of discharge planning; and
c) Adults who were institutionalized or at risk of institutionalization, including those who were homeless or in need of addiction care.

On June 15, 2016 the defendants filed an unopposed motion to Stay discovery and initial disclosures. Defendants expressed their concern that the Plaintiffs’ complaint was so vague and ambiguous that the Defendants could not reasonably be required to frame a responsive pleading.

On July 31, 2016, the plaintiffs moved to voluntarily dismissed the case against the plaintiffs. The case is now closed.

Victoria Harp - 10/25/2017


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Constitutional Clause
Equal Protection
Defendant-type
Hospital/Health Department
Housing Authority
Jurisdiction-wide
Disability
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Access to public accommodations - governmental
Classification / placement
Discharge & termination plans
Emergency shelter
Government Services (specify)
Housing
Housing assistance
Individualized planning
Placement in mental health facilities
Poverty/homelessness
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Rehabilitation
Wait lists
Medical/Mental Health
Mental health care, general
Mental Disability
Mental Illness, Unspecified
Plaintiff Type
Non-profit NON-religious organization
Type of Facility
Government-run
Causes of Action 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) The Colorado Department of Healthcare Policy and Financing
The Colorado Department of Human Services
The Colorado Department of Local Affairs
The State of Colorado
Plaintiff Description Plaintiffs are individuals with Mental Illness and/or in need of Addiction Care/Substance Use Services coming out of jails, prisons, nursing homes, mental health institutes or currently homeless.
Indexed Lawyer Organizations Legal Services/Legal Aid
Class action status sought Yes
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement Voluntary Dismissal
Case Closing Year 2016
Case Ongoing No
Additional Resources
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  Philadelphia Forfeiture
http://ij.org/case/philadelphia-forfeiture/
Date: Aug. 11, 2014
By: Institute for Justice (Institute for Justice)
[ Detail ]

Docket(s)
1:16-cv-428 (D. Colo.)
CJ-CO-0002-9000.pdf | Detail
Date: 08/01/2016
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
CJ-CO-0002-0001.pdf | Detail
Date: 02/22/2016
Source: PACER [Public Access to Court Electronic Records]
Judges Krieger, Marcia S. (D. Colo.)
CJ-CO-0002-9000
Mix, Kristen L. (D. Colo.) [Magistrate]
CJ-CO-0002-9000
Plaintiff's Lawyers Corzine, Valerie L. (Colorado)
CJ-CO-0002-0001 | CJ-CO-0002-9000
Defendant's Lawyers Icenogle, Anita Marie (Colorado)
CJ-CO-0002-9000
Kuhn, W. Eric (Colorado)
CJ-CO-0002-9000
McMaster, Michael D. (Colorado)
CJ-CO-0002-9000
Pierce, Justine Marie (Colorado)
CJ-CO-0002-9000

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