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S P E C I A L C O L L E C T I O N
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Olmstead Cases
Official White House Photo by Pete Souza
In its opinion in Olmstead v. L.C., 527 U.S. 581 (1999), the U.S. Supreme Court held that persons unnecessarily confined to institutions for care relating to mental or intellectual disabilities have the right to state-funded community-based treatment options. Unjustified segregation in institutions constitutes illegal discrimination under the Americans with Disabilities Act, said the Court, not only because it perpetuates unwarranted assumptions that people with disabilities are incapable or unworthy of participating in community life, but because confinement in an institution severely curtails everyday life activities, such as family relations, social contacts, work, educational advancement and cultural enrichment. This decision has led to an entire category of litigation (usually referred to as "Olmstead litigation"); the Clearinghouse has collected dozens of these cases here.
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The below cases represent a special subset of the full
Clearinghouse collection.
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1
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Jennings v. Wolf
3:20-cv-00148-MEM (M.D. Pa.)
Filed 01/29/2020 - Case Ongoing
Governor of Pennsylvania
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Mental Health (Facility)
Intellectual Disability (Facility)
Disability Rights-Pub. Accom.
Public Benefits / Government Services
PB-PA-0022
Coding Complete
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This case, filed January 29, 2020, objected to the closure of two Pennsylvania intermediate care facilities for individuals with intellectual disabilities (ICF/IID) (the Polk Center and the White Haven Center) and the rights of the individuals residing in those facilities. It is what some describe as a "reverse-Olmstead" lawsuit. (See Olmstead v ... [view]
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2
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M.G. v. Cuomo
7:19-cv-00639 (S.D.N.Y.)
Filed 01/23/2019 - Case Ongoing
New York State
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Prison Conditions
Mental Health (Facility)
Disability Rights-Pub. Accom.
Public Benefits / Government Services
MH-NY-0012
Albany County
Coding Complete
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On January 23, 2019, six indigent prison inmates with mental illness whom the defendants held in secure prisons past their release dates filed this class-action lawsuit in the U.S. District Court for the Southern District of New York, on behalf of other prisoners in similar situations. The plaintiffs sued the Governor of New York, the New York ... [view]
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3
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A.W. v. South Carolina Department of Mental Health
2:17-cv-01346 (D.S.C.)
Filed 05/24/2017 - Closed 2019
South Carolina Department of Mental Health
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Disability Rights-Pub. Accom.
Public Benefits / Government Services
PB-SC-0006
Coding Complete
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On May 24, 2017, six patients of South Carolina’s G. Werber Bryan Psychiatric Hospital (Bryan Hospital), along with a non-profit corporation that advocates for the rights of people with disabilities - Protection and Advocacy for People with Disabilities Inc - filed this class action lawsuit in the U.S. District Court for the District of South ... [view]
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4
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United States v. Mississippi
3:16-cv-00622-CWR-FKB (S.D. Miss.)
Filed 08/11/2016 - Case Ongoing
Mississippi
Mississippi
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Mental Health (Facility)
Disability Rights-Pub. Accom.
MH-MS-0001
Coding Complete
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On August 11, 2016 , the Attorney General and Civil Rights Division of the U.S. Department of Justice (DOJ) filed this lawsuit in the Southern District of Mississippi. The DOJ sued the State of Mississippi under Title II of the Americans with Disabilities Act and the Civil Rights of Institutionalized Persons Act (CRIPA). The DOJ asked the court to ... [view]
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5
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Ball v. Kasich
2:16-cv-282 (S.D. Ohio)
Filed 03/31/2016 - Case Ongoing
The State of Ohio
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Intellectual Disability (Facility)
Disability Rights-Pub. Accom.
Public Benefits / Government Services
PB-OH-0008
Coding Complete
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On March 31, 2016, individuals with intellectual and developmental disabilities filed this class action lawsuit 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 (42 U.S.C. §§ 12111 et seq.), Section 504 of ... [view]
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6
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G.G. v. Hickenlooper
1:16-cv-00428 (D. Colo.)
Filed 02/22/2016 - Closed 2016
The Colorado Department of Healthcare Policy and Financing
The Colorado Department of Healthcare Policy and Financing
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Mental Health (Facility)
Disability Rights-Pub. Accom.
Criminal Justice (Other)
Public Benefits / Government Services
CJ-CO-0002
Denver County
Coding Complete
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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 ... [view]
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7
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Prisoner A v. State of Vermont
2:15-cv-00221 (D. Vt.)
Filed 10/15/2015 - Closed
State of Vermont
Vermont Agency of Human Services, Vermont Department of Corrections, Vermont Department of Mental Health, Vermont Department of Aging and Independent Living
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Prison Conditions
Mental Health (Facility)
Disability Rights-Pub. Accom.
Public Benefits / Government Services
PC-VT-0006
Coding Complete
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On October 15, 2015, a prisoner in the state of Vermont filed this lawsuit in the U.S. District Court of Vermont. The plaintiff sued the state of Vermont, the Agency of Human Services, the Department of Corrections, the Department of Mental Health, and the Department of Aging and Independent Living under 42 U.S.C. § 12182. The plaintiff, ... [view]
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8
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Michael T. v. Bowling
2:15-cv-09655 (S.D. W. Va.)
Filed 07/09/2015 - Closed 2019
West Virginia Department of Health and Human Resources
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Disability Rights-Pub. Accom.
Public Benefits / Government Services
PB-WV-0003
Charleston
Coding Complete
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On July 9, 2015, West Virginia residents with intellectual and developmental disabilities who participate in West Virginia's I/DD Waiver Program filed this class action lawsuit in the United States District Court for the Southern District of West Virginia. The plaintiffs sued the West Virginia Department of Heath and Human Resources (DHHR) under 42 ... [view]
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9
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DOJ Investigation of South Dakota Use of Nursing Facilities to Serve Individuals with Disabilities
docket unknown (No Court)
Filed 05/02/2016 - Case Ongoing
Office of the Governor
State of South Dakota
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Disability Rights-Pub. Accom.
Public Benefits / Government Services
PB-SD-0002
Coding Complete
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On May 1, 2016, the U.S. Justice Department released a letter reporting the findings of an investigation into South Dakota’s system of care for persons with disabilities. The report found that South Dakota unnecessarily relied on nursing facilities to provide services to people with disabilities, in violation of the community integration mandate ... [view]
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10
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Thomas v. Kent
2:14-cv-08013-FMO-AGR (C.D. Cal.)
Filed 10/16/2014 - Case Ongoing
State of California Department of Health Care Services
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Disability Rights-Pub. Accom.
Public Benefits / Government Services
PB-CA-0048
Los Angeles
Coding Complete
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On October 16, 2014, the plaintiffs, three individuals with significant physical disabilities requiring substantial medical care, filed this lawsuit against the California Department of Health Care Services (“DHCS”) in the U.S. District Court for the Central District of California. The plaintiffs alleged that the state had violated Section II ... [view]
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11
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S.S. v. Springfield
3:14-cv-30116 (D. Mass.)
Filed 06/27/2014 - Closed
Springfield, Massachusetts
City of Springfield; School Board
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Disability Rights-Pub. Accom.
Education
ED-MA-0004
Hampden County
Coding Complete
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On June 27, 2014, a student with mental disabilities and his mother, joined by the Parent/Professional Advocacy League, filed this class action lawsuit in the United States District Court for the District of Massachusetts. Represented by the Center for Public Representation, the Bazelon Center, and private counsel, the plaintiffs brought suit ... [view]
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12
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United States v. Rhode Island
1:14-cv-00175 (D.R.I.)
Filed 01/06/2014 - Case Ongoing
Rhode Island
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Disability Rights-Pub. Accom.
Public Benefits / Government Services
DR-RI-0003
Coding Complete
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On January 6, 2014, the Civil Rights Division of the U.S. Department of Justice sent a findings letter to the attorney general for the State of Rhode Island. The letter reported that the Division's investigation of Rhode Island's educational, vocational, and shelter services for the intellectually and developmentally disabled (I/DD) found that ... [view]
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13
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United States of America v. State of Florida
0:13-cv-61576 (S.D. Fla.)
Filed 07/22/2013 - Closed
State of Florida
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Nursing Home Conditions
Child Welfare
Disability Rights-Pub. Accom.
Public Benefits / Government Services
DR-FL-0004
Coding Complete
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On July 22, 2013, attorneys from United States Department of Justice Civil Rights Division (DOJ) filed a lawsuit in the U.S. District Court for the Southern District of Florida against the State of Florida. The DOJ alleged that nearly two hundred children with disabilities were unnecessarily segregated from their communities and the general ... [view]
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14
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United States v. Rhode Island and City of Providence
1:13-cv-00442 (D.R.I.)
Filed 06/13/2013 - Case Ongoing
State of Rhode Island
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Disability Rights-Pub. Accom.
Public Benefits / Government Services
DR-RI-0004
Coding Complete
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On June 13, 2013, the Disability Rights Section of the U.S. Department of Justice Civil Rights Division (“United States”) filed this lawsuit in the U.S. District Court for the District of Rhode Island against the State of Rhode Island (“State”) and City of Providence, Rhode Island (“City”) (including the Providence Public School ... [view]
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15
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Sciarrillo ex rel. St. Amand v. Christie
2:13-cv-03478-SRC-CLW (D.N.J.)
Filed 06/05/2013 - Closed 2014
New Jersey Department of Human Services
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Intellectual Disability (Facility)
Disability Rights-Pub. Accom.
Public Benefits / Government Services
ID-NJ-0005
Coding Complete
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On June 5, 2013, thirty-five adult individuals with disabilities filed a lawsuit in the U.S. District Court for the District of New Jersey under the Americans with Disabilities Act ("ADA"), the Rehabilitation Act ("RA"), and the Social Security Act (Medicaid) - as well as a § 1983 constitutional due process claim against the State of New Jersey ... [view]
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16
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Illinois League of Advocates for the Developmentally Disabled v. Quinn
1:13-cv-01300 (N.D. Ill.)
Filed 2013 - Closed 2016
Illinois
Department of Human Services
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Intellectual Disability (Facility)
Disability Rights-Pub. Accom.
ID-IL-0004
Coding Complete
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Starting in at least 2011, officials of the State of Illinois pursued plans to close up to four State Operated Developmental Centers (SODCs) within 2.5 years. SODCs are facilities for Illinois adults with severe developmental disabilities. In February 2012, Governor Quinn announced that Illinois would close Jacksonville Developmental Center and ... [view]
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17
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Smith v. Department of Public Welfare of the Commonwealth of Pennsylvania
2:13-CV-5670-AB (E.D. Pa.)
Filed 2013 - Closed 2015
Department of Public Welfare of the Commonwealth of Pennsylvania
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Disability Rights-Pub. Accom.
Public Benefits / Government Services
PB-PA-0020
Coding Complete
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Plaintiff, a man with cerebral palsy, filed this class-action lawsuit against the Department of Public Welfare of the Commonwealth of Pennsylvania (DPW) in the U.S. District Court for the Eastern District of Pennsylvania on September 27, 2013. As a person with a physical disability, plaintiff was eligible for in-home services under the State's Act ... [view]
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18
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Carranza v. Douglas
2:12-cv-02928 (E.D. Cal.)
Filed 12/04/2012 - Closed 2013
California Department of Health Care Services
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Disability Rights-Pub. Accom.
Public Benefits / Government Services
PB-CA-0039
Coding Complete
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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, ... [view]
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19
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Carey v. Christie
1:12-cv-02522-RMB-AMD (D.N.J.)
Filed 04/27/2012 - Closed 2013
State of New Jersey
New Jersey Department of Human Services, Division of Developmental Disabilities
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Intellectual Disability (Facility)
Disability Rights-Pub. Accom.
Public Benefits / Government Services
ID-NJ-0006
Mercer County
Coding Complete
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On April 27, 2012, residents at a state-run facility for women with developmental disabilities filed a class action lawsuit on behalf of the women in their facility in the United States District Court for the District of New Jersey under Section 1983, the Americans with Disabilities Act ("ADA"), and Section 504 of the Rehabilitation Act of 1973 (" ... [view]
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20
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T.H. v. Dudek
0:12-cv-60460-CI (S.D. Fla.)
Filed 03/13/2012 - Case Ongoing
eQHealth Solutions
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Child Welfare
Disability Rights-Pub. Accom.
PB-FL-0007
Coding Complete
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On March 13, 2012, plaintiffs—medically fragile children or children who need skilled care services—filed a lawsuit in the U.S. District Court for the Southern District of Florida against Florida's Agency for Health Care Administration and Department of Health. After consolidating two similar cases in Spring 2012, plaintiffs' amended complaint ... [view]
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21
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Lynn E. v. Lynch
1:12-CV-00053-SM (D.N.H.)
Filed 02/09/2012 - Case Ongoing
State of New Hampshire
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Nursing Home Conditions
Disability Rights-Pub. Accom.
Public Benefits / Government Services
PB-NH-0003
Coding Complete
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On April 7, 2011, DOJ conducted an investigation of the New Hampshire Mental Health System pursuant to the Americans with Disabilities Act (ADA). The DOJ concluded that the State of New Hampshire failed to provide sufficient community services to qualified individuals with mental illness in the most integrated setting appropriate to their needs, ... [view]
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22
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United States v. Virginia
3:12-cv-059 (E.D. Va.)
Filed 01/26/2012 - Case Ongoing
Commonwealth of Virginia
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Disability Rights-Pub. Accom.
Public Benefits / Government Services
PB-VA-0003
Coding Complete
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On February 10, 2011, the United States Department of Justice (Civil Rights Division, Special Litigation Section) released a letter of findings detailing the results of its investigation into the institutionalization of individuals with intellectual and developmental disabilities in Virginia. The investigation focused specifically on the Central ... [view]
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23
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Lane v. Kitzhaber (later, Brown)
3:12-cv-00138-AC (D. Or.)
Filed 01/25/2012 - Case Ongoing
State of Oregon
Department of Human Services
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Disability Rights-Pub. Accom.
Public Benefits / Government Services
DR-OR-0001
Coding Complete
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On January 25, 2012, this class action was brought by individuals with intellectual and developmental disabilities (I/DD) and the United Cerebral Palsy Association of Oregon and Southwest Washington, Inc. in the U.S. District Court for the District of Oregon. The plaintiffs claimed that the State of Oregon and its Offices of Developmental ... [view]
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24
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United States v. North Carolina
5:12-cv-557 (E.D.N.C.)
Filed 2012 - Case Ongoing
State of North Carolina
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Disability Rights-Pub. Accom.
Public Benefits / Government Services
PB-NC-0002
Coding Complete
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In 2010, the United States Department of Justice (Civil Rights Division, Disability Rights Section) began an investigation into the provision of services to individuals with mental illness in North Carolina. On July 28, 2011, the DOJ issued a letter of findings to the State Attorney General detailing violations of the ADA, Section 504, and the ... [view]
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25
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Dykes v. Dudek
4:11-cv-00116-RS-CAS (N.D. Fla.)
Filed 2011 - Closed 2012
Florida Agency for Health Care Administration
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Disability Rights-Pub. Accom.
Public Benefits / Government Services
PB-FL-0011
Coding Complete
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Represented by Disability Rights Florida (the Protection & Advocacy Agency for Florida), individuals with developmental disabilities filed this lawsuit in the U.S. District Court for the Northern District of Florida on March 23, 2011, challenging their continued placement on the waitlist for Florida's developmental disability Medicaid waiver ... [view]
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