Olesky v. Haveman

5:99cv-105 (W.D. Mich. May 2, 2000) ; Clearinghouse Number: 53007

Description

Nursing Home Residents with Mental Disabilities Challenge Michigan’s Failure to Offer Appropriate Community Placements

Abstract

The district court denied defendants’ motion to dismiss this class action complaint alleging that defendant Michigan Department of Community Health and its officials fail to place plaintiff nursing home residents in appropriate community settings. Plaintiffs are six named persons with mental disabilities and Michigan Protection and Advocacy Service. The individual plaintiffs and the class they seek to represent were evaluated as not needing nursing facility services but requiring specialized or mental health services. Plaintiffs allege that, in violation of the Nursing Home Reform Act, defendants do not provide for the safe and orderly discharge of class members into community settings and do not provide specialized mental health services in such settings. They allege that defendants violate the mandate of the Americans with Disabilities Act to administer their services “in the most integrated setting appropriate to the needs of qualified individuals with disabilities.” Defendants have not provided mental health services in integrated community settings; rather plaintiffs remain unnecessarily confined to nursing facilities where they receive minimal mental health services. Plaintiffs allege state law violations and seek mandamus, declaratory, and injunctive relief. The court also held plaintiffs’ motion for class certification in abeyance pending discovery.

Additional Information

Attorney Information
Plaintiff represented by Mark Cody, Michigan Protection and Advocacy Service, 106 W. Allegan #300, Lansing, MI 48933; 517.487.1755
Docket Date
2000-05-02 00:00:00+00:00