Judge Gives Green Light to Class Action Seeking Community Services For Certain Illinois Residents |
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When U.S. District Court Judge James Holderman granted class action status to a lawsuit charging the State of Illinois with violating the civil rights of developmentally disabled people, thousands of Illinois' disabled residents moved a step closer to having a choice over where they live. The lawsuit alleged that the State of Illinois violated the civil rights of people with developmental disabilities by effectively forcing them into large institutions rather than offering them the choice of living in smaller community settings.
Under Judge Holderman's ruling, the plaintiff class is comprised of people with developmental disabilities who are unnecessarily institutionalized in private state funded institutions and those at risk of unnecessary institutionalization. The latter group includes those living with elderly parents who one day will no longer be able to care for them at home. Now, Illinois gives them no choice but institutionalized care.
Ultimately, plaintiffs in this case are seeking an order that would require the state to provide them a choice to live within a smaller community setting. Community living provides more independence, privacy, and integration in the community.
"I want to live with friends in a small house or apartment and have my own room," says plaintiff Stanley Ligas. "I can do a lot of things on my own, and I want to be able to cook for myself." Instead, Ligas has been forced to live in a large institution for the past 12 years in order to receive Medicaid services, despite his repeated requests to move into the community
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Other Government Cases of Interest
A class action has been filed against John Ashcroft, the Department of Homeland Security and others for failing to issue documentation (green cards) to lawful permanent residents (LPRs) of the United States. Class members allege that the government’s inaction has caused them profound injuries such as the inability to attain employment and fear of being detained or deported. Class members seek mandamus (a command to perform a lawful duty), declaratory and injunctive relief. The case, filed in July of 2004, was granted class certification on October 14, 2004. A class action lawsuit has been filed in the Central District of California against City of Los Angeles. The case involves violations of the Fair Labor Standards Act. No additional information about the substance of the allegations is available at this time. Classactionamerica.com will monitor this case and provide additional details as soon as they become available. A class action has been filed against Alameda County, California, and its Social Services Agency on behalf of thousands of people who allege that they are illegally denied food stamps and general assistance each year because they are not identified as having mental disabilities, in violation of the federal Americans with Disabilities Act and state disability and welfare laws. The ban on importation of vital prescription drugs from Canada is placing many seniors in dire financial straits only to ensure that corporate profit margins maintain their exorbitant levels. A class action has been filed against the U.S. Department of Health and Human Services on behalf of prescription drug purchasers, who allege that the federal prohibition on the importation of prescription drugs from Canada by anyone other than the manufacturer violates their constitutional rights on numerous counts. Texas law dictates that police officers get the same amount of vacation time as other public employees. The court has approved the parties' $90,000 settlement in a class action filed against the city of Fort Worth, Texas, on behalf of current and former police officers employed by the city between November 10, 1996, and November 10, 2000. Eligible officers should contact class counsel for information on how to take part in the settlement.
A class action lawsuit has been filed in the District Court of Kansas against the Board of County Commissioners of Johnson County, Kansas for violations of the Fair Labor Standards Act (FLSA) which establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. Class members seek to recover unpaid overtime compensation, liquidated damages, attorney's fees and costs.
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