High Impact Project Case Update: Challenge to Segregation and Discrimination of Institutionalized Intellectually Disabled Persons

Drinker Biddle, Barbara McDowell Foundation Chairman and President, Jerry Hartman, and Disability Rights North Carolina recently secured a significant decision in Samantha R., et al v. North Carolina, et al, a case pending in State Court in North Carolina. This systemic litigation coordinated under the auspices of the Barbara McDowell Foundation's High Impact Project is designed to address the failure of the State of North Carolina to provide appropriate behavioral health services to citizens with intellectual and/or developmental disabilities (I/DD). 

Subsequent to over two years of discovery, the Court ruled in January 2020 on cross-motions for summary judgment holding that the defendant, the State of North Carolina, failed to abide by the Supreme Court’s Olmstead decision by not integrating into the community disabled individuals with I/DD residing in State institutions. The Court’s Order states that it will be ordering the State to draft an Olmstead plan to comply with this integration mandate. The case will now proceed to the remedy phase unless the State appeals.