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Judge rules in favor of representation for individuals with disabilities in deportation hearings

Friday, December 24, 2010Jose Antonio Franco-Gonzalez’s mental disabilities prevented him from learning to speak until he was age six or seven. He doesn’t know his birthday and is unable to recognize numbers or tell time. The son of lawful U.S. citizens, he also…

Man with disabilities wrongfully deported, files lawsuit

Friday, December 24, 2010The American Civil Liberties Union of North Carolina and the ACLU of Georgia filed lawsuits October 13 on behalf of an individual with bipolar disorder and other mental illnesses who was erroneously deported. In the summer of 2008, the individual…

Suit filed against Texas for extensive Olmstead violations

Thursday, December 23, 2010 Disability Rights Texas filed a class action lawsuit against Texas on December 20, alleging that potentially more than 4,500 people with disabilities are being unnecessarily institutionalized in the state’s nursing homes. The lawsuit describes Texas’ 13 state-owned facilities, which house…

Circuit court hears case regarding California disability services

Thursday, December 23, 2010The U.S. Court of Appeals for the 9th Circuit heard a case in June challenging a California plan to save $82 million from its massive budget deficit by sharply curtailing home-based services for more than 100,000 people with disabilities. The…

Lawsuit challenges Illinois age requirements

Thursday, December 23, 2010An Illinois man is challenging the age restrictions in an Illinois law that limits eligibility for a Medicaid program providing home and community based services to people under the age of 21. The individual, who aged out of the program…

Medicaid program caps questioned in Florida

Thursday, December 23, 2010Florida fails to provide community based services for Medicaid-eligible individuals with spinal cord injuries at risk of institutionalization, according to a lawsuit filed in August in the U.S. District Court for the Southern District of Florida. Under Florida law, the…

Woman sues for potential unnecessary institutionalization

Thursday, December 23, 2010A Medicaid-eligible woman with spinal cord injuries is challenging a Florida requirement that she enter a nursing home for 60 days before receiving community-based services. On June 9, the U.S. District Court for the Middle District of Florida granted a…

Justice Department sues Arkansas for lack of Olmstead enforcement

Thursday, December 23, 2010The Justice Department has filed two lawsuits against the state of Arkansas for its treatment and segregation of people with disabilities in institutions. In January 2009, the Justice Department filed a lawsuit against the Conway Human Development Center, which holds…

Class action lawsuit filed by DC disability services

Thursday, December 23, 2010University Legal Services filed a class action lawsuit against the District of Columbia Dec. 23 for failure to provide a mechanism for people with disabilities to transition from large nursing facilities to community-based homes. “(The district) provide few opportunities, if…

Missouri services restrictions challenged

Thursday, December 23, 2010Four Missouri residents with disabilities are at risk of institutionalization because they have “aged out” of a state program providing home-based services. As a result, the individuals, whose disabilities include cerebral palsy, multiple sclerosis and liver disease, would have had…

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