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RDB In The News
RDB Defeats State of Illinois’ Motion to Dismiss Complaint
12/14/2007
On December 14, 2007, Judge Joan Lefkow for the U.S. District Court for the Northern District of Illinois denied the State of Illinois’ motion to dismiss a case brought by individuals and on behalf of the class of Medicaid-eligible individuals with disabilities who have been unnecessarily and inappropriately institutionalized in skilled nursing facilities. RDB attorneys Daniel Zollner and Regina Ripley represent the Plaintiffs on a pro bono basis, alongside the American Civil Liberties Union of Illinois, Access Living, Equip for Equality, and Mullen Law Firm.
In Colbert, et al., v. Rod R. Blagojevich, et al., a case that has been covered by Chicago Public Radio and the Chicago Tribune, the Plaintiffs filed a Complaint on August 22, 2007, stating individual claims and seeking certification of a class action on behalf of Medicaid-eligible adults with disabilities in Cook County who seek to obtain appropriate long-term care services in the community rather than in institutions (see the press release). Illinois’ long-term care system forces persons with disabilities into nursing homes in order to receive services, in violation of several federal laws – including the Americans with Disabilities Act.
The Defendants include Illinois State Governor Rod R. Blagojevich, the Secretary of the Illinois Department of Human Services, the Director of the Illinois Department of Healthcare and Family Services, and the Director of the Illinois Department of Public Health.
After RDB and other parties on behalf of the Plaintiff opposed the Defendants’ Motion, Judge Lefkow denied the Motion and ordered them to answer the Complaint by January 2, 2008. She further ordered the Defendants to respond to the motion for class certification by January 15, 2008.
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