Community Living Lawsuit - Capitol People First v. DDS
Major lawsuit settled, helping 7,000 people with developmental disabilities live in the community instead of institutions
** Press Release announcing settlement, April 27, 2009 **
On April 24, Judge Robert Freedman granted final approval of the settlement agreement in Capitol People First et al v. DDS et al.
The lawsuit was filed in January 2002, seeking to ensure that Californians with developmental disabilities had access to the services they need to live in and participate as members of their communities, and avoid unnecessary institutionalization. The class includes the approximately 2,300 children and adults who live in state-run developmental centers and the 4,500 people who live in privately-owned institutions housing 16 or more, such as skilled nursing facilities and other large congregate facilities.
The lawsuit was brought in Alameda County Superior Court by sixteen individual plaintiffs who resided in, or were at risk of placement in, developmental centers or other institutions; three organizational plaintiffs (Capitol People First, California Alliance for Inclusive Communities, and Arc California); and two taxpayer plaintiffs who asserted that the State is spending tax dollars unlawfully by continuing to institutionalize individuals who could live successfully in community homes. The case was litigated by Disability Rights California, with Bingham McCutchen LLP and DLA Piper US LLP as pro bono counsel.
Overview
- Summary of Settlement
- Description of three organizational plaintiffs and Disability Rights California
- Fact Sheet on Community Living for People with Developmental Disabilities (htm) and (pdf)
Press Coverage of Lawsuit
- San Francisco Chronicle, 4/28/09
- Inside Bay Area, 5/27/07
- Oakland Tribune, 1/26/02
- San Francisco Chronicle, 1/26/02
- San Jose Mercury News, 1/26/02
Pleadings
- Judgment, 4/24/09
- Final Settlement, April 2009
- Sixth Amended Complaint, 5/23/05
Class Certification
- California Supreme Court Denies Petitions for Review: Class Will Be Certified, 1/3/08
- Appellate Court Opinion Reverses Trial Court Denial of Class Certification, lawsuit may proceed as a class action, 9/25/07
- Order Denying Class Certification, 12/30/05
- Appellants' Opening Appellate Brief, 8/8/06
- Amicus Brief of Washington Protection and Advocacy System; National Disability Rights Network; Mental Health Advocacy Project and Public Interest Law Firm of the Law Foundation of Silicon Valley; and Disability Rights Education & Defense Fund, 11/7/06
Links to Court Filings (Enter Case No. 2002038715)
- Alameda County Superior Court (Click on "Domain Web" and then "Case Summary")
- First District Court of Appeal (Click on "Case Information")