A.R. v. Dudek
State: Florida
Filed: 2017
Court: U.S. Court of Appeals for the Eleventh Circuit
Overview: The brief challenged the policies of the state of Florida that resulted in unnecessary separation of children with disabilities from their families and unnecessary institutionalization in nursing facilities. The brief emphasized the importance of class action litigation to enforce the right of people with disabilities to live and receive services in community settings, consistent with the ADA’s integration mandate and explained the importance of community living for people with disabilities and the importance of children growing up in their family home.
Excerpt: “Class actions are uniquely appropriate for litigating Olmstead cases because…they focus on systemic practices and policies that violate the ADA’s integration mandate. By their nature, Olmstead cases challenge policies or practices that unduly rely on institutions and other segregated settings for the delivery of services, denying people with disabilities the opportunity to live, work, or be educated in a community-based setting.”
Case Documents
Amicus Brief: A.R. v. Dudek
