Challenge to Segregation and Discrimination of Institutionalized Intellectually Disabled Persons

Samantha R., et al v. North Carolina, et al

Systemic litigation was brought by Drinker Biddle and Disability Rights North Carolina 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).  The Court ruled in January 2020 on cross-motions for summary judgment and held 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 ordered the State to draft an Olmstead plan to comply with this integration mandate. The case is now on appeal after completion of the remedy stage.