Illinois families, guardians, advocates sue state to block home closings
Federal Judge Marvin Aspen entered a ruling rejecting the State’s (Defendant’s) Motion to Dismiss, allowing a lawsuit filed by the Murray Parents' Association and developmentally disabled groups (Plaintiffs) to move forward on all major counts, including the Americans with Disabilities Act (ADA), Equal Protection, and Medicaid.
Regarding Olmstead, the landmark Supreme Court ADA decision, Judge Aspen wrote, “In light of the Supreme Court’s admonitions, Defendants’ reliance on Olmstead here is misplaced. Surely Olmstead requires Defendants to provide community-based treatment when the three prerequisites, including patient consent, are satisfied. But Defendants’ efforts to comply with Olmstead do not justify the alleged forcing of CILA [waiver home] placements on class members and their guardians who vigorously oppose such placements. While Defendants may wish to encourage community-based treatment for all who qualify and consent pursuant to Olmstead, Plaintiffs’ complaint alleges far more draconian conduct."
Click here to read full decision
September 3, 2013 Update
Federal judge orders state to produce documents in pending Murray Center case
Those fighting to preserve quality care for the residents of Warren G. Murray Developmental Center in Centralia received good news on Tuesday, September 3, when a federal court judge ordered the state of Illinois to produce specific documents related to the proposed closure of the facility, despite the state’s motions of protest. The order by Judge Marvin Aspen relates to more than 100 documents requested by the Illinois League of Advocates for the Developmentally Disabled, Murray Parents Association and 11 legal guardians of developmentally disabled adults, who are plaintiffs in a federal lawsuit filed against the Illinois Department of Human Services (IDHS), its director Kevin Casey, and the Community Resource Alliance. Judge Aspen ruled that the disclosure of previously withheld materials will not hinder the state from “engaging in thorough, honest deliberations on future policies and decisions.” The state is required to produce the requested documents within three business days. (Source: The Breese Journal, September 5, 2013)
June 12, 2012
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About the case:
Warning that Gov. Pat Quinn’s plans to close the state’s residential developmental centers will leave severely disabled residents at risk of neglect, abuse and even death, parents, guardians and disability rights groups are suing the state in an attempt to block the closures.
Read Complaint (Exhibit A - C are available upon request. Please contact Tamie at This email address is being protected from spambots. You need JavaScript enabled to view it.)
Plaintiffs' Reply in Support of Their Motion for Preliminary Injunction (Exhibits A - K are available upon request. Please contact Tamie at This email address is being protected from spambots. You need JavaScript enabled to view it.).
Read VOR's Letter in Support of Murray Residents and Their Families (July 2013)
Guardian Ad Litem's Affidavit - Finding Large Number of Problems at Illinois' Community Waiver Homes (For copy, contact Tamie at This email address is being protected from spambots. You need JavaScript enabled to view it.).
MURRAY COURT VALIDATES ICF/DD CHOICE! (Press Release from the Illinois Association of ICF/DD Providers) (July 23, 2014)
