Ligas v. Maram

No. 05 C 4331 (N.D. Ill. filed July 28, 2005) ; Clearinghouse Number: 55907

Description

Individuals with Developmental Disabilities Sue Illinois Officials for Failing to Provide Community-Based Services

Abstract

In this 42 U.S.C. § 1983 class action, plaintiffs—nine Illinois individuals who have developmental disabilities and qualify for services (including Medicaid services) under defendants’ system of long-term care for people with developmental disabilities—are suing defendant state officials who administer Illinois’s program for such services. Plaintiffs challenge defendants’ practice of requiring them to live in large, privately run congregate care institutions—known as “intermediate care facilities for people with developmental disabilities”—as a condition of receiving the long-term care services that they need and for which they qualify. Plaintiffs maintain that they can appropriately be served in community-based settings while still meeting their needs for services and support and that institutionalization causes them unnecessary regression, deterioration, isolation, and segregation. In district court, plaintiffs allege violations of the integration mandates of Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. They further allege that, in violation of Title XIX of the Social Security Act, defendants fail to offer a choice between institutional and community services, fail to provide community services with “reasonable promptness,” and, by failing to use effective assessments to determine individuals’ need for institutional care, cause unnecessary use of intermediate care facilities for people with developmental disabilities. Plaintiffs seek declaratory and injunctive relief, class certification, and payment for attorney fees, litigation expenses, and costs.

Additional Information

Attorney Information
Plaintiffs represented by Barry Lowry, Laura Miller, Equip for Equality, 20 N. Michigan Ave., Suite 300, Chicago, IL 60602 (312.341.0022); Max Lapertosa, Kenneth Walden, Access Living of Metropolitan Chicago, 614 W. Roosevelt Rd., Chicago, IL 60607 (312.253.7000); Benjamin Wolf, American Civil Liberties Union, 180 N. Michigan Ave., Suite 2300, Chicago, IL 60601 (312.201.9740); Judith Gran, Public Interest Law Center of Philadelphia, 125 S. Ninth St., Suite 700, Philadelphia, PA 19107 (215.627.7100).
Docket Date
2005-07-28 00:00:00+00:00
Attorney Email
mlaperatosa@accessliving.org