Posts Tagged ‘Lois Curtis’

Olmstead v. LC and EW Landmark Case

August 7th, 2009
Sue Jamieson, Elaine Wilson and Lois Curtis

Sue Jamieson, Elaine Wilson and Lois Curtis

This case of first impression in the Eleventh Circuit sought community residential placements for L.C. and E.W. who had spent the majority of their lives in mental institutions. For several years, their treatment teams acknowledged that they no longer met the requirements for involuntary confinement, but refused to release them to a community-based program with appropriate services. The case, filed in 1995, presents a claim under the Americans With Disabilities Act. Our position is that the State of Georgia can no longer provide disability services to a mentally or physically disabled person in an institutional setting if he or she could be served in a more integrated, community-based setting. The State appealed a favorable decision of the federal District Court granting summary judgment for our plaintiffs. Oral argument before the Eleventh Circuit Court of Appeals was in November 1997.  The Eleventh Circuit ruled that the State’s failure to provide integrated community services under these circumstances violated the Americans with Disabilities Act.

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