October 9, 2013 Update
Judge Rules Murray Center Lawsuit Can Move Forward
Federal Judge Marvin Aspen entered a ruling rejecting the State’s (Defendant’s) Motion to Dismiss, allowing a lawsuit filed by the Murray Parents' Association and developmentally disabled groups (Plaintiffs) to move forward on all major counts, including the Americans with Disabilities Act (ADA), Equal Protection, and Medicaid.
Regarding Olmstead, the landmark Supreme Court ADA decision, Judge Aspen wrote, “In light of the Supreme Court’s admonitions, Defendants’ reliance on Olmstead here is misplaced. Surely Olmstead requires Defendants to provide community-based treatment when the three prerequisites, including patient consent, are satisfied. But Defendants’ efforts to comply with Olmstead do not justify the alleged forcing of CILA [waiver home] placements on class members and their guardians who vigorously oppose such placements. While Defendants may wish to encourage community-based treatment for all who qualify and consent pursuant to Olmstead, Plaintiffs’ complaint alleges far more draconian conduct."
Click here to read full decision
September 3, 2013 Update
Federal judge orders state to produce documents in pending Murray Center case
Those fighting to preserve quality care for the residents of Warren G. Murray Developmental Center in Centralia received good news on Tuesday, September 3, when a federal court judge ordered the state of Illinois to produce specific documents related to the proposed closure of the facility, despite the state’s motions of protest. The order by Judge Marvin Aspen relates to more than 100 documents requested by the Illinois League of Advocates for the Developmentally Disabled, Murray Parents Association and 11 legal guardians of developmentally disabled adults, who are plaintiffs in a federal lawsuit filed against the Illinois Department of Human Services (IDHS), its director Kevin Casey, and the Community Resource Alliance. Judge Aspen ruled that the disclosure of previously withheld materials will not hinder the state from “engaging in thorough, honest deliberations on future policies and decisions.” The state is required to produce the requested documents within three business days. (Source: The Breese Journal, September 5, 2013)
Read the Ruling
June 12, 2012
Judge grants temporary restraining order to prevent transfers from Murray unless by choice until further review?
About the case:
Warning that Gov. Pat Quinn’s plans to close the state’s residential developmental centers will leave severely disabled residents at risk of neglect, abuse and even death, parents, guardians and disability rights groups are suing the state in an attempt to block the closures.
Read Complaint (Exhibit A - C are available upon request. Please contact Tamie at
Plaintiffs' Reply in Support of Their Motion for Preliminary Injunction (Exhibits A - K are available upon request. Please contact Tamie at
Guardian Ad Litem's Affidavit - Finding Large Number of Problems at Illinois' Community Waiver Homes (For copy, contact Tamie at