Ligas v. Maram

(now Ligas v. Hamos) The RBF/ACLU of Illinois is collaborating with other advocacy organizations in this class action lawsuit on behalf of the thousands of individuals who are needlessly institutionalized in large ICF-DDs (Intermediate Care Facilities for the Developmentally Disabled) when they could be better served in smaller, community based settings.

In November 2008 – shortly before the case was to go to trial – the parties agreed on a proposed Consent Decree. The agreement would have been phased in over six years, requiring the state offer the choice of leaving the institutions and living in appropriate, community-based settings to all of the roughly 6,000 people now living in intermediate care facilities for the developmentally-disabled as well as to thousands of others who are at risk of institutionalization in the future. A fairness hearing was held in July 2009 after which the Judge issued an order vacating his previous order certifying the class and denied approval of the consent decree. We filed an amended complaint seeking certification of a new class, this time focusing just on the thousands of individuals who already have indicated to the State of Illinois that they do not wish to live in a large institution. Based largely on arguments by interveners, the court denied our motion for approval of the revised settlement and ordered our clients, the State of Illinois and the interveners to negotiate under the direction of a federal magistrate to seek a settlement in the case. The U.S. Department of Justice – which has announced its intention to enforce the Americans with Disabilities Act – sought and received approval to join the negotiations.