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In 2009, the Civil Rights Division launched an aggressive effort to enforce the Supreme Court's decision in Olmstead v. L.C., a ruling that requires states to eliminate unnecessary segregation of persons with disabilities and to ensure that persons with disabilities receive services in the most integrated setting appropriate to their needs. President Obama issued a proclamation launching the "Year of Community Living," and has directed the Administration to redouble enforcement efforts. The Division has responded by working with state and local governments officials, disability rights groups and attorneys around the country, and with representatives of the Department of Health and Human Services, to fashion an effective, nationwide program to enforce the integration mandate of the Department's regulation implementing title II of the ADA.
U.S. v. New York – 13-cv-4165 – (E.D.N.Y. 2013): The parties filed an amended settlement agreement on January 30, 2014, and the court approved the settlement agreement on March 17, 2014. The parties filed a second amended settlement agreement on May 4, 2017, which the Court approved on May 18, 2017. Read More
U.S. v. North Carolina – No. 5:12-cv-557 – (E.D.N.C. 2012): On January 9, 2017, the United States moved to enforce the supported housing and supported employment provisions of the Agreement. The State has repeatedly failed to comply with its annual obligations, lagging far behind schedule. Furthermore, it has attempted to dilute its obligations by unilaterally redefining how to measure compliance with those provisions. On March 1, 2017, North Carolina filed a brief in opposition. On March 22, 2017, the United States filed a reply. Read More
DOJ Findings Letter to Louisiana: On December 21, 2016, the United States sent its findings to the state notifying it of violations of the Americans with Disabilities Act, which stem from its failure to deliver services to people with serious mental illness in the most integrated settings appropriate. Read More
Faces of Olmstead - updated October 19, 2016
Georgia Network for Educational and Therapeutic Support / U.S. v. Georgia (N.D. Ga. 2016): On August 23, 2016, the United States filed a lawsuit against the State of Georgia in federal district court to remedy violations of the ADA pertaining to the State’s failure to provide thousands of public school students with behavior-related disabilities with appropriate mental health and therapeutic educational services and supports in the most integrated setting appropriate to their needs. Read More
Ball v. Kasich - 2:16-cv-282
On August 22, 2016, the United States filed a Statement of Interest in the case of Ball v. Kasich. In Ball, individuals on a wait list for home- and community-based services allege that Ohio’s ongoing denial of services has placed them at serious risk of institutionalization. Read More
U.S. v. Mississippi (S.D. Miss 2016)
The United States issued a findings letter in December 2011 concluding that Mississippi is violating the ADA's integration mandate in its provision of services to people with developmental disabilities and mental illness. Following an investigation, the Department found that the State of Mississippi has failed to meet its obligations under the ADA by unnecessarily institutionalizing persons with mental illness or developmental disabilities and failing to ensure that they are offered a meaningful opportunity to live in integrated community settings appropriate to their needs. Read More
DOJ Findings Letter to South Dakota: On May 2, 2016, the United States sent its findings to the state notifying it of violations of the Americans with Disabilities Act and Olmstead v. L.C. due to its failure to deliver services to people with disabilities in the most integrated settings appropriate. Read More
U.S. v. Florida – 1:12-cv-60460 – (S.D. Fla.) – On April 7, 2016, the United States filed an Opposition to the State of Florida’s Motion for Partial Summary Judgment. In the Motion, the State had asked the Court to rule, on a variety of grounds, that the United States could not recover damages for unnecessarily institutionalized children to whom the State had been deliberately indifferent. Read More
The Promise of Olmstead: 15 Years Later - Video
The 15th Anniversary of Olmstead video compilation is a DOJ/HHS tribute to the dedicated and brave individuals who have brought to life the Olmstead decision's promise of community integration for people with disabilities. Read More