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 under the auspices of the Barbara McDowell Foundation 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. After extensive negotiations, the parties proposed, and the Court approved, a Consent Order. The Consent Order imposes benchmarks toward integration and continued oversight by the Court. It is expected to take at least several years for the State to come into compliance due to the significance of the relief needed.