Olmstead v. L.C.

95-1210 (N.D. Ga. July 11, 2000); 119 S. Ct. 2176 (1999) ; Clearinghouse Number: 52203

Description

Consent Order Provides Community-Based Placements and Services for Plaintiffs on Remand from Supreme Court

Abstract

The parties settled this case on remand from the U.S. Supreme Court, and the district court issued a consent order by which plaintiffs are to receive community-based placements and services and $672,000 for attorney fees and costs. In Olmstead v. L.C., 119 S. Ct. 2176 (1999), the Supreme Court held that states must place persons with mental disabilities in community settings when the state’s treatment professionals determined that community placement was appropriate, the transfer to a less restrictive setting was not opposed by the affected individual, and the placement could be reasonably accommodated, taking into account the state’s resources and the needs of others with mental disabilities. Plaintiff-respondents—individuals with mental disabilities—claimed that defendant-petitioner state officials violated the Americans with Disabilities Act by failing to place them in community-based treatment as deemed appropriate by treating professionals. Holding that undue institutionalization qualified as discrimination “by reason of . . . disability” in violation of the Act, the Court remanded the case for further consideration of appropriate relief, given states’ facilities for persons with diverse mental disabilities and their obligation to administer services equitably. In the consent order, defendants agreed to maintain plaintiffs in their current community-based residential placements and continue community-based services so long as the settings remained appropriate to their needs, plaintiffs met financial requirements, and the legislature appropriated funds for institutional or community placements and services for any mentally disabled person. Defendants also agreed that trained and experienced professionals would develop individualized service plans for plaintiffs and that plaintiffs might actively participate in the plan development. The agreement does not preclude necessary facility treatment, but community services and placement must be restored within a reasonable time.

Additional Information

Attorney Information
Plaintiff represented by Susan C. Jamieson, Atlanta Legal Aid Society, 246 Sycamore St., Suite 120, Decatur, GA 30330 (404.377.0701); David A. Webster, 127 Peachtree St., 415 Candler Building, Atlanta, GA. 30303 (404.377.0701)
Docket Date
2000-07-11 00:00:00+00:00