Case: Hale v. Belshe

3:96-cv-01804 | U.S. District Court for the Northern District of California

Filed Date: May 15, 1996

Closed Date: Oct. 20, 1997

Clearinghouse coding complete

Case Summary

On May 15, 1996 plaintiffs, a group of individuals with psychiatric disorders who were housed in locked nursing facilities but were eligible for community-based treatment, sued the California Department of Mental Health, the California Department of Health Services, and various officials in their official capacity in the District Court for the Northern District of California. They alleged that the failure of the state to place them in community treatment facilities violated the Americans with …

On May 15, 1996 plaintiffs, a group of individuals with psychiatric disorders who were housed in locked nursing facilities but were eligible for community-based treatment, sued the California Department of Mental Health, the California Department of Health Services, and various officials in their official capacity in the District Court for the Northern District of California. They alleged that the failure of the state to place them in community treatment facilities violated the Americans with Disabilities Act, the Medicaid Act, and the Nursing Care Reform Act of 1987. They sought class status and declaratory and injunctive relief.

On December 2, 1996 the district court (Judge Stanley A. Weigel) ruled that the various officials named in the suit did not enjoy official immunity. The state appealed but on July 3, 1997 the Ninth Circuit Court of Appeals (Judges Goodwin, Nelson, and Trott) affirmed the district court.

The case came to a close on October 20, 1997 when the district court (Vaughn R. Walker) entered a voluntary dismissal after appropriate placements in community-based treatment facilities were found for the named plaintiffs.

Summary Authors

Michael Perry (1/10/2011)

People


Judge(s)

Brennan, Joan S. (California)

Goodwin, Alfred Theodore (California)

Attorney for Plaintiff

Bird, Melinda R. (California)

Casas-Sarmiento, Eva (California)

Dietrich, Inge (California)

Attorney for Defendant
Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

3:96-cv-01804

Docket

Oct. 22, 1997

Oct. 22, 1997

Docket

97-15177

Docket

U.S. Court of Appeals for the Ninth Circuit

June 15, 1999

June 15, 1999

Docket

97-15177

Appellants' Opening Brief

U.S. Court of Appeals for the Ninth Circuit

March 14, 1997

March 14, 1997

Pleading / Motion / Brief

1997 WL 33555336

97-15177

Brief of Plaintiffs-Appellees

U.S. Court of Appeals for the Ninth Circuit

March 31, 1997

March 31, 1997

Pleading / Motion / Brief

1997 WL 33555335

97-15177

Opinion

U.S. Court of Appeals for the Ninth Circuit

July 3, 1997

July 3, 1997

Order/Opinion

1997 WL 377113

Docket

Last updated March 24, 2025, 8:16 a.m.

ECF Number Date Description Link
1 May 15, 1996

COMPLAINT [3:96−cv−01804] (mt, COURT STAFF) (Entered: 05/18/1996)

PACER
2 May 15, 1996

Verifications of Complaint [3:96−cv−01804] (mt, COURT STAFF) (Entered: 05/18/1996)

PACER
3 May 15, 1996

ORDER RE COURT PROCEDURE and SCHEDULE : initial case management conference will be held 9/17/96 . (cc: all counsel) (mt, COURT STAFF) (Entered: 05/18/1996)

PACER
4 May 15, 1996

IN FORMA PAUPERIS AFFIDAVIT by Plaintiff Worth Hale for leave to proceed in forma pauperis [3:96−cv−01804] (mt, COURT STAFF) (Entered: 05/18/1996)

PACER
5 May 15, 1996

IN FORMA PAUPERIS AFFIDAVIT by Plaintiff Ivo Sutich for leave to proceed in forma pauperis [3:96−cv−01804] (mt, COURT STAFF) (Entered: 05/18/1996)

PACER
6 May 15, 1996

IN FORMA PAUPERIS AFFIDAVIT by Plaintiff Cheryl Ellison for leave to proceed in forma pauperis [3:96−cv−01804] (mt, COURT STAFF) (Entered: 05/18/1996)

PACER
7 May 15, 1996

IN FORMA PAUPERIS AFFIDAVIT by Plaintiff Gregory Michael Myketuk for leave to proceed in forma pauperis [3:96−cv−01804] (mt, COURT STAFF) (Entered: 05/18/1996)

PACER
9 May 15, 1996

IN FORMA PAUPERIS AFFIDAVIT by Plaintiff Jonathan Tulin for leave to proceed in forma pauperis [3:96−cv−01804] (mt, COURT STAFF) (Entered: 05/18/1996)

PACER
10 May 21, 1996

ORDER by Judge Stanley A. Weigel granting applications to proceed in forma pauperis [3:96−cv−01804] (mt, COURT STAFF) (Entered: 05/26/1996)

PACER
11 June 28, 1996

RETURN OF SERVICE executed upon defendant Kimberly Belshe, defendant Stephen Mayberg, defendant Matthew Fong, defendant Kathleen Connell on 6/28/96 [3:96−cv−01804] (mt, COURT STAFF) (Entered: 07/01/1996)

PACER
June 28, 1996

SUMMONS issued as to defendant Kimberly Belshe, defendant Stephen Mayberg, defendant Matthew Fong, defendant Kathleen Connell [3:96−cv−01804] (mt, COURT STAFF) (Entered: 07/01/1996)

PACER
12 Aug. 2, 1996

NOTICE OF MOTION AND MOTION before Judge Stanley A. Weigel by Plaintiff to certify class action with Notice set for Sep 12, 1996 [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/10/1996)

PACER
13 Aug. 2, 1996

MEMORANDUM in support of motion to certify class action [12−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/10/1996)

PACER
Aug. 2, 1996

RECEIVED Proposed Order ( ) re: motion to certify class action [12−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/10/1996)

PACER
15 Aug. 6, 1996

Expedited MOTION before Mag. Judge Joan S. Brennan by defendant for order granting relief from discovery obligations and to stay discovery with Notice set for Aug 6, 1996 [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/12/1996)

PACER
16 Aug. 6, 1996

DECLARATION by Beverley Meyers re motion for order granting relief from discovery obligations and to stay discovery [15−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/12/1996)

PACER
17 Aug. 6, 1996

NOTICE OF MOTION AND MOTION before Judge Stanley A. Weigel by defendant to dismiss and disqualify counsel with Notice set for 9/12/96 [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/12/1996)

PACER
18 Aug. 6, 1996

PROOF OF SERVICE of motion to dismiss and disqualify counsel [17−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/12/1996)

PACER
Aug. 6, 1996

RECEIVED Proposed Order ( ) re: motion for order granting relief from discovery obligations and to stay discovery [15−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/12/1996)

PACER
Aug. 6, 1996

RECEIVED Proposed Order ( ) re: motion to dismiss and disqualify counsel [17−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/12/1996)

PACER
20 Aug. 7, 1996

PROOF OF SERVICE by Plaintiff of motion to certify class action [12−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/14/1996)

PACER
14 Aug. 9, 1996

CLERK'S NOTICE: motion to certify class taken under submission without hearing. [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/10/1996)

PACER
21 Aug. 9, 1996

MEMORANDUM by Plaintiff in opposition to expedited motion to stay discovery [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/20/1996)

PACER
22 Aug. 9, 1996

DECLARATION by Michael Stortz [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/20/1996)

PACER
Aug. 9, 1996

RECEIVED Proposed Order ( ) [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/20/1996)

PACER
19 Aug. 13, 1996

CLERK'S NOTICE: motion to dismiss, to disqualify counsel, taken under submission. [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/13/1996)

PACER
28 Aug. 15, 1996

DECLARATION by Beverley Meyers on behalf of defendant [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

PACER
29 Aug. 15, 1996

defendant's expedited motion for orderstaying all proceedings [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

PACER
30 Aug. 20, 1996

DECLARATION by Michael Stortz on behalf of Plaintiff [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

PACER
31 Aug. 20, 1996

MEMORANDUM by Plaintiff in opposition to motion for order granting relief from discovery obligations and to stay discovery [15−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

PACER
32 Aug. 20, 1996

PROOF OF SERVICE of opposition memorandum [31−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

PACER
Aug. 20, 1996

RECEIVED Proposed Order ( ) re: opposition memorandum [31−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

PACER
24 Aug. 22, 1996

Ex parte motion by Plaintiff to file brief over 25 pages [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

PACER
25 Aug. 22, 1996

MEMORANDUM by Plaintiff in opposition to motion to dismiss and disqualify counsel [17−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

PACER
26 Aug. 22, 1996

NOTICE OF DISMISSAL as to defendant CA Dept of Mental He, defendant CA Dept of Health Se [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

PACER
27 Aug. 22, 1996

AMENDED COMPLAINT [1−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

PACER
33 Aug. 22, 1996

MEMORANDUM by defendant in opposition to motion to certify class action [12−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

PACER
34 Aug. 22, 1996

DECLARATION by Beverley Meyers re opposition memorandum [33−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

PACER
35 Aug. 23, 1996

Plaintiff's ex parte motion to file oversize brief [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

PACER
36 Aug. 23, 1996

DECLARATION by Michael Stortz [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

PACER
37 Aug. 23, 1996

MEMORANDUM by Plaintiff in opposition to motion to dismiss and disqualify counsel [17−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

PACER
38 Aug. 23, 1996

PROOF OF SERVICE [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

PACER
39 Aug. 23, 1996

PROOF OF SERVICE [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

PACER
40 Aug. 23, 1996

PROOF OF SERVICE [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

PACER
41 Aug. 23, 1996

REPLY by defendant re motion to stay [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

PACER
Aug. 23, 1996

RECEIVED Proposed Order ( ) [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

PACER
42 Aug. 26, 1996

OBJECTIONS by defendant to Magistrate order denying relief from disclosure obligations [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/28/1996)

PACER
Aug. 26, 1996

RECEIVED Proposed Order ( ) [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/28/1996)

PACER
44 Aug. 29, 1996

Memo in response to opposition by Plaintiff re motion to certify class action [12−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/30/1996)

PACER
45 Aug. 29, 1996

ERRATA by Plaintiff [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/30/1996)

PACER
46 Aug. 29, 1996

PROOF OF SERVICE of reply [44−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/30/1996)

PACER
47 Aug. 29, 1996

ORDER by Judge Stanley A. Weigel staying all proceedings until further order of the court, except defendant's motion to dismiss (cc: all counsel) [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/30/1996)

PACER
48 Sept. 5, 1996

ERRATA sheet re: pltf's memo in response to deft's opposition to pltf's motion to certify class by Plaintiff to [44−1] [3:96−cv−01804] (tl, COURT STAFF) (Entered: 09/06/1996)

PACER
49 Sept. 10, 1996

DECLARATION by Teresa Nelson on behalf of Plaintiff [3:96−cv−01804] (mt, COURT STAFF) (Entered: 09/12/1996)

PACER
50 Sept. 10, 1996

DECLARATION by Cathernine Blakemore [3:96−cv−01804] (mt, COURT STAFF) (Entered: 09/12/1996)

PACER
51 Sept. 11, 1996

STIPULATION re responsive pleading [3:96−cv−01804] (mt, COURT STAFF) (Entered: 09/12/1996)

PACER
52 Sept. 16, 1996

OBJECTIONS by defendant to declarations of Nelson and Blakemore [3:96−cv−01804] (mt, COURT STAFF) (Entered: 09/18/1996)

PACER
53 Dec. 2, 1996

ORDER by Judge Stanley A. Weigel granting motion to dismiss in part all counsel) [3:96−cv−01804] (mt, COURT STAFF) (Entered: 12/09/1996)

PACER
54 Dec. 2, 1996

ORDER by Judge Stanley A. Weigel waiving the 25−page rule ) (cc: all counsel) [3:96−cv−01804] (mt, COURT STAFF) (Entered: 12/13/1996)

PACER
55 Dec. 12, 1996

NOTICE OF APPEAL by defendant from Dist. Court decision order [53−1] Fee status: not paid [3:96−cv−01804] (mt, COURT STAFF) (Entered: 12/18/1996)

PACER
56 Dec. 20, 1996

TRANSCRIPT DESIGNATION and Ordering Form filed for dates none ; C/R: none; appeal [55−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 01/03/1997)

PACER
57 Dec. 24, 1996

Errata Sheet re petition for appointment of guardian ad litem [3:96−cv−01804] (mt, COURT STAFF) (Entered: 01/03/1997)

PACER
58 Dec. 27, 1996

OPPOSITION by Plaintiff to petition for appoitment of guardian ad litem. [3:96−cv−01804] (mt, COURT STAFF) (Entered: 01/03/1997)

PACER
Jan. 2, 1997

Copy of notice of appeal and docket sheet to all counsel [3:96−cv−01804] (mt, COURT STAFF) (Entered: 01/02/1997)

PACER
59 Jan. 9, 1997

ORDER by Judge Stanley A. Weigel staying proceedings ( (cc: all counsel) [3:96−cv−01804] (mt, COURT STAFF) (Entered: 01/23/1997)

PACER
60 Jan. 9, 1997

LETTER dated 12/18/96 from atty Meyers re apeal [3:96−cv−01804] (mt, COURT STAFF) (Entered: 01/23/1997)

PACER
61 Feb. 3, 1997

NOTICE of change of address re Protection and Advocacy, Inc [3:96−cv−01804] (mt, COURT STAFF) (Entered: 02/04/1997)

PACER
62 Feb. 4, 1997

NOTICE from CCA re appeal: their number 97−15177 [3:96−cv−01804] (mt, COURT STAFF) (Entered: 02/11/1997)

PACER
63 May 12, 1997

NOTICE of mailing file to Hon Dorothy Nelson, CCA [3:96−cv−01804] (mt, COURT STAFF) (Entered: 05/12/1997)

PACER
64 June 18, 1997

ORDER directing clerk to reassign case. [3:96−cv−01804] (mt, COURT STAFF) (Entered: 06/19/1997)

PACER
66 July 2, 1997

CASE MANAGEMENT SCHEDULING ORDER AFTER REASSIGNMENT by Judge Vaughn R. Walker : Plaintiffs' counsel shall file a status report not later than 7/18/97, and every three months thereafter from the date of this order. (cc: all counsel) [3:96−cv−01804] (lh, COURT STAFF) (Entered: 07/07/1997)

PACER
67 July 21, 1997

STATUS REPORT by Plaintiffs [3:96−cv−01804] (lh, COURT STAFF) (Entered: 07/22/1997)

PACER
68 Sept. 15, 1997

CERTIFIED COPY of judgment from USCA AFFIRMING the decision of the District Court [55−1] [3:96−cv−01804] (lh, COURT STAFF) (Entered: 09/19/1997)

PACER
69 Sept. 15, 1997

CLERK's letter spreading the mandate to counsel. re appeal [55−1] [3:96−cv−01804] (lh, COURT STAFF) (Entered: 09/19/1997)

PACER
70 Sept. 25, 1997

CASE MANAGEMENT SCHEDULING ORDER AFTER REASSIGNMENT by Judge Vaughn R. Walker : initial case management conference will be held 9:00 10/23/97 . (cc: all counsel) [3:96−cv−01804] (lh, COURT STAFF) (Entered: 09/29/1997)

PACER
71 Oct. 1, 1997

MAIL [69−1], [68−1] returned from Post Office addressed to Sandra Pettit. [3:96−cv−01804] (lh, COURT STAFF) (Entered: 10/16/1997)

PACER
72 Oct. 2, 1997

MAIL [70−1] returned from Post Office addressed to Sandra Pettit. [3:96−cv−01804] (lh, COURT STAFF) (Entered: 10/16/1997)

PACER
73 Oct. 16, 1997

REQUEST by Plaintiffs for order of voluntary dismissal without prejudice [3:96−cv−01804] (lh, COURT STAFF) (Entered: 10/17/1997)

PACER
Oct. 16, 1997

RECEIVED [Proposed] Order (Plaintiffs) re: Request for voluntary dismissal [73−1] [3:96−cv−01804] (lh, COURT STAFF) (Entered: 10/17/1997)

PACER
74 Oct. 20, 1997

ORDER by Judge Vaughn R. Walker GRANTING request [73−1] DISMISSING case without prejudice (Date Entered: 10/21/97) (cc: all counsel) [3:96−cv−01804] (lh, COURT STAFF) (Entered: 10/21/1997)

PACER
75 Oct. 22, 1997

DEFENDANTS' STATEMENT in NON−Opposition to request for order of voluntary dismissal [73−1] [3:96−cv−01804] (lh, COURT STAFF) (Entered: 10/23/1997)

PACER
76 Oct. 22, 1997

PROOF OF SERVICE by defendant of Scheduling order dismissing case without prejudice [74−1], order [74−2] [3:96−cv−01804] (lh, COURT STAFF) (Entered: 10/23/1997)

PACER

Case Details

State / Territory:

California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: May 15, 1996

Closing Date: Oct. 20, 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals with psychiatric disabilities who were eligible for community-based mental health services.

Plaintiff Type(s):

State Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

State

California Department of Mental Health

Califronia Department of Health Services

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Nursing Care Reform Act of 1987/ Omnibus Reconciliation Act

Other Dockets:

Northern District of California 3:96-cv-01804

U.S. Court of Appeals for the Ninth Circuit 97-15177

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

Benefits (Source):

Medicaid

Recommended Citation