Crabbe, Brown & James LLP is currently defending the Ohio Department of Developmental Disabilities against class action claims filed in federal court on March 31, 2016. The putative class of Plaintiffs are individuals with developmental and intellectual disabilities asserting that the State of Ohio is violating their right to receive care in the most integrated community setting appropriate for their needs in contravention of the Supreme Court’s decision in Olmstead v. L.C., 527 U.S. 581 (1999). This putative class action is one of the largest of its kind in the country and presents complicated questions about what the law requires of the State of Ohio when dealing with finite resources and a diverse population to serve comprised of all individuals with intellectual and developmental disabilities.
The case is currently in an early stage where the Court must decide whether the Plaintiffs may proceed as a class. This threshold issue of whether to certify a class is in the briefing stage as of this writing. Check in here for updates on this case. Also, click the following link to view the Defendants’ most recent brief opposing class certification and explaining the good work the State of Ohio has been doing to serve all individuals with intellectual and developmental disabilities.
http://dodd.ohio.gov/Communications/Lists/Posts/Post.aspx?ID=771