Steward et. al. v. Abbott et. al. – 5:10-CV-1025 – (W.D. Tex. 2010)

Texas

~On September 20, 2012, the Court granted the United States' request to intervene in a pending lawsuit against the State of Texas. The suit claims that Texas unnecessarily segregates individuals with intellectual and developmental disabilities in nursing facilities, and that this violates the law under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

In August 2013, the Parties entered a two-year Interim Settlement that required the State to begin expanding community alternatives to nursing facilities. During this time, the Parties negotiated extensively to reach a comprehensive settlement of all remaining issues. Litigation resumed in October 2015, after settlement negotiations failed and the Interim Agreement expired. In May 2016, the Court denied the State’s motions to dismiss the lawsuit and granted the private Plaintiffs’ renewed motion for class certification. The United States had filed a brief in support of the Plaintiffs’ motion, which asked the Court to resolve the common claims of over 4,000 people with intellectual and developmental disabilities “who currently or will in the future reside in nursing facilities, or who are being, will be, or should be screened for admission . . .”. The Parties are now in the early stages of discovery.

State Policies & Initiatives: 
Enforcement
Systems: 
  • Other
Topics: 
  • Mental Health
  • Home and Community Based Services (HCBS)
Other: 
  • Court System
CITATIONS: