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Seth v. District of Columbia

July 24, 2019/in Advocate, Chapter of The Arc, Family member, Legal Professionals, Nonprofit professionals, Person with a disability, Service provider / DSP Distric of Columbia Civil rights, Community-based LTSS, Criminal justice Litigation/by The Arc

State: District of Columbia

Filed: 2018

Court: U.S. District Court for the District of Columbia

Plaintiffs: Mr. Seth

Defendants: District of Columbia, District of Columbia Department on Disability Services

Counsel: The Arc, Brown Goldstein & Levy, Robert Dinerstein, Skadden Arps

Overview: This lawsuit challenges the indefinite incarceration of Mr. Seth, a young man with intellectual disability languishing in federal prison despite not having been convicted of a crime in violation of his right under state and federal law to receive services and treatment in the most integrated setting appropriate to his needs. Mr. Seth, after having been found by the court to be incompetent to stand trial, has been held in federal prison rather than a community-based program in D.C., where he is from and where his family and support system reside. Despite the fact that the District’s Department on Disability Services’ experts concluded that Mr. Seth could be safely served in the community, the District has refused to provide such services to Mr. Seth in violation of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the D.C. Human Rights Act. Because of the District’s inaction, Mr. Seth has been left to languish in federal prison for years, frequently placed in solitary confinement.

Case Documents

Complaint

Proposed Amended Complaint

D.C. Circuit Appellate Brief

D.C. Circuit Amicus Brief: Local D.C. Advocacy Organizations

D.C. Circuit Amicus Brief: Experts in Disability Services

D.C. Circuit Amicus Brief: Former Correctional Officials

D.C. Circuit Amicus Brief: National Disability Organizations

National Center on Education Outcomes (NCEO)

July 24, 2019/in Advocate, Chapter of The Arc, Nonprofit professionals All States Education Other/by The Arc

NCEO focuses on the inclusion of students with disabilities in comprehensive assessment systems. This includes issues related to accessibility during classroom-based and standardized assessments.

The Education Task Force of the Consortium for Citizens With Disabilities (CCD)

July 24, 2019/in Advocate, Chapter of The Arc, Family member All States Education Other/by The Arc

The Education Task Force monitors federal legislation and regulations that address the educational needs of children with disabilities and their families and advocates for enhanced opportununities.

Wright’s Law

July 24, 2019/in Advocate, Chapter of The Arc, Family member All States Education Other/by The Arc

Wrightslaw is a nationally recognized source of accurate, reliable information about special education law, education law, and advocacy for all children with disabilities.

Stop Hurting Kids

July 24, 2019/in Advocate, Chapter of The Arc, Family member, Nonprofit professionals All States Education Other/by The Arc

Stop Hurting Kids is a campaign to limit the use of restraint and seclusion in schools. Harmful practices are used disproportionatey on students with disabilities and racial/ethnic minority students.

Protection and Advocacy

July 24, 2019/in Advocate, Family member All States Education Other/by The Arc

Protection and Advocacy (P&A) agencies provide legal support to traditionally unserved or underserved populations to help them navigate service systems, including special education.

National Inclusion Project

July 24, 2019/in Advocate, Chapter of The Arc, Family member, Nonprofit professionals, Person with a disability, Service provider / DSP All States Civil rights, Volunteering Other/by The Arc

The National Inclusion Project operates on three core beliefs works with community organizations and recreational programs, providing them with the training, tools, and support they need so that children with disabilities can be included in all activities and programs.

Special Olympics

July 24, 2019/in Advocate, Chapter of The Arc, Family member, Nonprofit professionals, Person with a disability, Service provider / DSP All States Civil rights, Health, Volunteering Other/by The Arc

Special Olympics provides year-round sports training and athletic competition in a variety of Olympic-type sports for children and adults with intellectual disabilities, giving them continuing opportunities to develop physical fitness, demonstrate courage, experience joy, and participate in a sharing of gifts, skills, and friendship with their families, other Special Olympics athletes, and the community.

Best Buddies International

July 24, 2019/in Advocate, Chapter of The Arc, Family member, Nonprofit professionals, Person with a disability, Service provider / DSP All States Civil rights, Volunteering Other/by The Arc

Best Buddies is the world’s largest organization dedicated to ending the social, physical, and economic isolation of the 200 million people with intellectual and developmental disabilities (IDD). Best Buddies helpe people with IDD form meaningful friendships with their peers, secure successful jobs, live independently, improve public speaking, self-advocacy and communication skills, and feel valued by society.

Hart v. Berryhill (Colvin)

July 24, 2019/in Advocate, Chapter of The Arc, Family member, Legal Professionals, Nonprofit professionals, Person with a disability, Service provider / DSP Maryland Civil rights, Social security Litigation/by The Arc

State: Maryland

Filed: 2016

Court: U.S. Court of Appeals for the Fourth Circuit

Overview: The brief challenged a series of failures in the Social Security Administration’s notification and review process, including lack of adequate notice of overpayments, a practice of collecting overpayments from those other than the actual recipients of Social Security benefit payments, and failure to provide explanation or evidence supporting the alleged overpayments. The brief argued that SSA should not be permitted to moot claims by unilateral action, thus avoiding judicial inquiry into their ongoing policies and practices and emphasizes the importance of class actions in these cases.

Excerpt: “[T]he challenges of accessing SSA’s appeal procedures can be compounded for beneficiaries with disabilities…Beneficiaries with intellectual disability can have difficulty handling the complex administrative, legal, and financial issues involved in accessing SSA appeal and waiver procedures, which are challenging for people without disabilities.”

Status: In 2017, plaintiffs stipulated to dismiss their appeal and vacate the district court opinion in light of positive steps taken by SSA to address the barriers described above.

Case Documents

Amicus Brief: Hart v. Berryhill (Colvin)

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Seth v. District of Columbia

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National Center on Education Outcomes (NCEO)

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Wright’s Law

Stop Hurting Kids

Protection and Advocacy

National Inclusion Project

Special Olympics

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