U.S. Department
of Justice
Disability Rights Cases
State of Idaho
On January 15, 2025, the United States sent a letter of findings to the State of Idaho, notifying the State that it is violating Title II of the Americans with Disabilities Act (ADA) by unnecessarily segregating adults with physical disabilities in nursing facilities. The letter of findings follows an investigation into Idaho’s service system for adults with physical disabilities. The investigation revealed that Idaho fails to provide sufficient home and community-based services, with the result that many adults with physical disabilities are forced to enter nursing facilities to receive the services they need, when they would prefer to live in their homes and communities. Idaho could serve many of these individuals in the community by making reasonable modifications to its service system for people with disabilities, including improving access to home care, case management, transition services, and housing services.
State of Nebraska
On May 14, 2024, the United States sent a letter of findings to the State of Nebraska, notifying the State that it is unnecessarily segregating people with serious mental illness (SMI) in violation of Title II of the Americans with Disabilities Act (ADA). Following an investigation into Nebraska's behavioral health service system, the Department of Justice concluded that Nebraska fails to provide its citizens with SMI with the services they need to live and work in their homes and communities. As a result, Nebraskans with SMI often have no options other moving into assisted living facilities and spending their days in segregated day programs with no path to employment.
State of Rhode Island and Rhode Island Department of Children, Youth, and Families
On May 13, 2024, the U.S. Attorney’s Office for the District of Rhode Island, in partnership with the U.S. Department of Health and Human Services Office of Civil Rights, sent a letter of findings to the State of Rhode Island, notifying the State that it is violating Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act by unnecessarily segregating children with mental health and developmental disabilities in an acute-care psychiatric hospital. Following an investigation into Rhode Island’s behavioral health care system for children in the care and custody of its state child welfare agency, the United States found that the State failed to provide services to children in the most integrated settings appropriate to their needs, resulting in children being routinely and unnecessarily segregated at a psychiatric hospital. Although the needs of children with behavioral health disabilities could be met in settings less restrictive than hospitals, hundreds of children in the care and custody of the State have instead languished at Bradley Hospital simply because the State has failed to ensure sufficient capacity of community-based services and prompt and effective discharge
T.G. vs Maryland Department of Human Services
On March 4, 2024, the Justice Department filed a statement of interest explaining how the integration mandate of Title II of the Americans with Disabilities Act applies to children who have been medically cleared for discharge from psychiatric institutions but who remain institutionalized because of the lack of available community placement. The statement of interest was filed in T.G. v. Maryland Department of Human Services, a lawsuit on behalf of a proposed class of children with mental health disabilities in the state’s foster care system who are institutionalized in psychiatric hospitals and other institutional settings, despite being medically cleared for discharge, due to a lack of available community-based services. The department’s brief explains that the ADA’s integration mandate requires states to provide services to people with disabilities in the most integrated setting appropriate to their needs when they do not oppose such services, and when such placement can be reasonably accommodated. The statement also explains that (1) plaintiffs’ eligibility for a program makes them qualified under the ADA; (2) a treatment professional’s approval of a plaintiff for discharge establishes that the plaintiff is appropriate for a more integrated setting; and (3) a claim under Title II’s integration mandate does not require a showing of discriminatory intent, disparate treatment, or disparate impact.
U.S. v. Colorado
On March 3, 2022, the United States sent its findings to the State, notifying it that Colorado is violating the ADA’s integration mandate in its provision of Long-Term Services and Supports to adults with physical disabilities. Following an investigation, the Department found that the State of Colorado has failed to meet its obligations under Title II of the ADA by unnecessarily segregating adults with physical disabilities in nursing facilities, and failing to ensure that individuals have a meaningful opportunity to live in community-based settings appropriate to their needs.
On September 29, 2023, the United States filed a lawsuit against the State of Colorado under Title II of the ADA. The United States alleges that Colorado is violating Title II’s integration mandate by unnecessarily segregating adults with physical disabilities in nursing facilities, and failing to ensure that individuals have a meaningful opportunity to live in community-based settings appropriate to their needs.
On October 31, 2024, the United States entered into a settlement agreement with the State of Colorado, resolving litigation under the integration mandate of Title II of the Americans with Disabilities Act as interpreted in the Supreme Court decision Olmstead v. L.C. The United States alleged that Colorado provides services to individuals with physical disabilities in nursing facilities, which are segregated settings, and places other individuals at risk of unnecessary segregation, when these individuals could appropriately receive services in the community. The settlement agreement requires Colorado: to provide nursing facility residents with “in-reach” (i.e. counseling about their community living options); to ensure that nursing facility residents who wish to move to the community have access to a prompt and effective transition process; to help at least 2,000 nursing facility residents transition to the community; to identify individuals at risk of unnecessary nursing facility admission and help them avoid unwanted nursing facility admission; to rapidly reintegrate to the community individuals who enter nursing facilities but would prefer to live in the community; and to ensure that needed community-based services are available to individuals who live in and/or move to the community.
Press Release - Justice Department Sues Colorado for Violating the Americans with Disabilities Act [September 29, 2023]
Press Release - Justice Department Secures Settlement Agreement with Colorado to Ensure Opportunities for People with Physical Disabilities to Live at Home [November 1, 2024]
Marsters v. Healey
On September 20, 2023, the Department of Justice filed a Statement of Interest in Marsters, et al. v. Healey, et al. This private lawsuit was filed in the District of Massachusetts by the Massachusetts Senior Action Center and several adults with disabilities who live in nursing facilities in Massachusetts. The lawsuit claims that plaintiffs are unnecessarily segregated in nursing facilities in violation of Title II of the Americans with Disabilities Act and the Supreme Court’s decision in Olmstead v. L.C. In a motion for class certification, the plaintiffs seek to represent a class of adults with a range of disabilities who reside in nursing facilities and have not been provided certain community-based services. The Department’s brief explains that class certification is regularly granted in Olmstead cases because (1) Olmstead cases raise common questions concerning the defendant’s systemic policies and practices and (2) single injunctive relief is appropriate to remedy the unnecessary segregation of a large group of people.
On September 28, 2023, the Department of Justice filed a second Statement of Interest in Marsters, et al. v. Healey, et al. This private lawsuit was filed in the District of Massachusetts by the Massachusetts Senior Action Center and several adults with disabilities who live in nursing facilities in Massachusetts. The lawsuit claims that plaintiffs are unnecessarily segregated in nursing facilities in violation of Title II of the Americans with Disabilities Act and the Supreme Court’s decision in Olmstead v. L.C. The defendant, the Commonwealth of Massachusetts, moved to dismiss the claims of the named plaintiffs, arguing that they did not have an injury in fact to support standing. The Department’s brief explains that (1) unnecessary segregation is an injury in fact that meets Article III standing requirements and (2) plaintiffs need not request and be denied a specific service to establish standing to bring a claim under Title II of the ADA.
United States v. Florida
The United States initiated this lawsuit on July 22, 2013, following the issuance of a letter of findings in September 2012. On May 30, 2014, the U.S. District Court for the Southern District of Florida denied Florida’s motion for judgment on the pleadings, holding that the Attorney General has authority to sue to enforce Title II of the ADA. The court later dismissed the United States’ claims, concluding that the United States does not have authority to sue to enforce Title II of the ADA. The United States appealed, and on September 17, 2019, the Court of Appeals for the Eleventh Circuit issued a decision and judgment in favor of the United States. Florida petitioned for rehearing en banc on October 29, 2019. The Eleventh Circuit denied the petition for rehearing en banc on December 22, 2021, and remanded the case to the district court on January 11, 2022.
On June 15, 2022, the United States filed an Amended Complaint in this ongoing lawsuit against the State of Florida. The lawsuit alleges that, as a result of the manner in which Florida administers its service systems for children with complex medical needs, children with such disabilities are unnecessarily segregated in nursing facilities when they could be served in their family homes or other community-based settings. The lawsuit further alleges that the State’s policies and practices place children with complex medical needs who live in the community at serious risk of institutionalization in nursing facilities, in violation of Title II of the ADA. The Amended Complaint asks the court to declare that Florida is discriminating against children with complex medical needs in violation of Title II and to order the State to provide services to such children in the most integrated setting appropriate to their needs. On August 12, 2022, the United States filed a brief in opposition to the State of Florida's motion to dismiss. The Court denied the State's motion. On February 15 and 16, 2023, the parties filed cross motions for summary judgment, and the Court granted in part and denied in part Florida's motion and denied the United States' motion. A bench trial was held from May 8 to May 19, 2023.
On July 14, 2023, after the completion of the bench trial, the U.S. District Court for the Southern District of Florida ruled in favor of the United States. The Court's 79-page opinion explains that the State of Florida violates the rights of children with complex medical needs under Title II of the ADA by keeping some children unnecessarily institutionalized in nursing facilities, while placing other children at serious risk of unnecessary institutionalization. On the same day, the Court issued an Order of Injunction, requiring Florida to take steps to ensure that children with complex medical needs can access the services they need to live in their own homes and communities, to develop transition plans for institutionalized children, and to engage families to ensure that they can make informed choices about where their children live.
State of Nevada ex rel. Nevada Department of Corrections
On June 20, 2016, the Justice Department issued a letter of findings concluding that the Nevada Department of Corrections’ (NDOC) policies and practices for housing and employing inmates with disabilities violate Title II of the Americans with Disabilities Act (ADA). The department found that NDOC’s discriminatory practices have resulted in the illegal segregation and stigmatization of inmates with HIV and the incarceration of inmates with disabilities for longer periods, in more restrictive settings, than inmates without disabilities.
On February 11, 2021, the Department of Justice reached an agreement to resolve its findings that NDOC unjustifiably isolated and segregated inmates with HIV, failed to keep their HIV status confidential, and denied them equal employment opportunities, including in food service positions. The agreement also resolves the department’s findings that NDOC denied inmates with disabilities—including mobility disabilities, HIV, and other physical or mental health conditions—classification and housing at lower-custody levels and facilities. At these lower-custody facilities, inmates have the opportunity to participate in various programs and gradually reintegrate back into the community as well as earn additional credits to reduce the lengths of their sentences. Under the agreement, Nevada will amend its policies, practices, and procedures, train NDOC staff and inmates on HIV and disability discrimination, designate statewide and facility-specific ADA Coordinators, and implement an ADA grievance procedure. On July 7, 2023, the Department and Nevada entered into an 18-month extension and addendum to the agreement. The extension was necessary because the global COVID-19 pandemic required Nevada to take measures to prevent and mitigate the spread of the virus within its facilities and allocate resources to its COVID-19 response.
Timothy B. et al. v. Kody Kinsley
On April 21, 2023, the United States filed a Statement of Interest in Timothy B. v. Kinsley, a putative class action brought on behalf of children with disabilities in foster care. In their complaint, plaintiffs allege that North Carolina's Department of Health and Human Services (DHHS) is violating the integration mandate of Title II of the ADA by unnecessarily segregating foster children in psychiatric residential treatment facilities when these children could live in the community with appropriate services, including mental and behavioral health services. DHHS moved to dismiss the complaint. The Statement of Interest responds to DHHS's motion to dismiss by explaining the legal standard for stating a claim under the integration mandate and addressing DHHS's arguments relating to collateral estoppal and standing.
United States v. Florida
On February 16, 2023, the United States filed a motion for partial summary judgment. The lawsuit alleges that, as a result of the manner in which Florida administers its service systems for children with complex medical needs, children with disabilities are unnecessarily segregated in nursing facilities when they could be served in their family homes or other community-based settings. The lawsuit further alleges that the State’s policies and practices place children with complex medical needs in the community at serious risk of institutionalization in nursing facilities, in violation of Title II of the Americans with Disabilities Act. The Amended Complaint asks the court to declare that Florida is discriminating against children with complex medical needs in violation of Title II, and to order the State to provide services to such children in the most integrated setting appropriate to their needs. The United States initiated this lawsuit on July 22, 2013, following the issue of a letter of findings in September 2012. On May 30, 2014, the United States District Court for the Southern District of Florida denied Florida’s motion for judgment on the pleadings, holding that the Attorney General has authority to sue to enforce Title II of the ADA. The court later dismissed the United States’ claims, concluding that the United States does not have authority to sue to enforce Title II of the ADA. The United States appealed, and on September 17, 2019, the Court of Appeals for the Eleventh Circuit issued a decision and judgment in favor of the United States. Florida petitioned for rehearing en banc on October 29, 2019. The Eleventh Circuit denied the petition for rehearing en banc on December 22, 2021, and remanded the case to the district court on January 11, 2022. On June 15, 2022, the United States filed an Amended Complaint in this ongoing lawsuit against the State of Florida. On August 12, 2022, the United States filed a brief in opposition to the State of Florida's motion to dismiss, which the Court denied.
United States v Oregon / Lane v. Brown
On August 12, 2022, the U.S. District Court for the District of Oregon found that the State of Oregon has fulfilled the terms of a settlement agreement with the Justice Department and people with disabilities in a landmark case challenging the state’s provision of employment services for people with disabilities in segregated settings. The case, Lane v. Brown/United States v. Oregon, was dismissed as a result.
The settlement agreement, in effect since 2015, resolved the first lawsuit in the nation to challenge a state’s reliance on segregated employment settings for individuals with disabilities, including sheltered workshops, as a violation of the integration mandate of Title II of the ADA. Sheltered workshops are segregated facilities that exclusively or primarily serve individuals with disabilities, and in which people with disabilities have little or no contact with non-disabled persons besides paid staff. People with intellectual and developmental disabilities (I/DD) in sheltered workshops often earn wages well below minimum wage, sometimes pennies per hour. By contrast, supported employment services assist people with I/DD to prepare for, obtain and succeed in integrated workplaces at competitive wages.
The lawsuit was filed as a class action in January 2012 by individuals with I/DD who were receiving services in Oregon sheltered workshops, when they instead preferred to work in jobs in the community for a competitive wage. In March 2013, the Justice Department intervened in the lawsuit. The department claimed that Oregon was unnecessarily segregating adults with I/DD in sheltered workshops and placing Oregon youth with I/DD at serious risk of segregation in sheltered workshops in violation of Title II of the ADA.
The agreement required Oregon to provide supported employment services and related employment services so that 1,115 sheltered workshop workers would newly receive jobs in the community at competitive wages over the agreement’s term. The agreement also required at least 7,000 people — including more than 4,900 youth exiting school — to receive supported employment services aimed at enabling them to secure and maintain integrated, competitive employment opportunities. At least half of the youth served were to receive individualized employment plans from Oregon’s vocational rehabilitation agency, identifying the services and supports necessary to achieve competitive employment.
U.S. v. Maine
On June 22, 2022, the United States sent a letter of findings to the State of Maine, notifying the State that it is violating Title II of the Americans with Disabilities Act (ADA) by unnecessarily segregating children with mental health and developmental disabilities. Following an investigation into Maine’s behavioral health care system for children, the Department found that Maine fails to provide children with sufficient behavioral health services in their homes and communities. As a result, Maine children may enter institutional settings including hospitals, residential facilities, or juvenile detention.
On September 9, 2024, the United States filed a lawsuit against the State of Maine under Title II of the ADA. The United States alleges that Maine is violating Title II’s integration mandate by unnecessarily segregating children with behavioral health disabilities in hospitals, residential facilities, and a juvenile detention facility, and by failing to ensure that children with behavioral health disabilities have a meaningful opportunity to live and thrive in community-based settings appropriate to their needs.
On November 25, 2024, the United States filed in federal court a settlement agreement with the State of Maine to resolve the pending litigation. The settlement agreement requires Maine to provide services to children with behavioral health disabilities in the most integrated (community) settings appropriate to children’s needs, such as family and foster homes, so that they do not need to enter hospitals, residential facilities, and juvenile detention to get services. Pursuant to this agreement, Maine will provide children and families with the planning and services they need to avoid stays in emergency departments and institutions; ensure that children can move out of institutions and instead receive services at home if consistent with children and families’ needs and desires; address current and future workforce shortages of community-based service providers; provide prompt mobile crisis interventions help children avoid unnecessary stays in emergency departments and contact with law enforcement; facilitate intra-agency coordination; and provide information to children, families, and stakeholders about community-based services and the rights of children under the agreement
Press Release - Justice Department Sues Maine for Violating Americans with Disabilities Act