October 2, 2023
On September 28, 2023, the Department of Justice filed a second Statement of Interest in Marsters, et al. v. Healey, et al. This private lawsuit was filed in the District of Massachusetts by the Massachusetts Senior Action Center and several adults with disabilities who live in nursing facilities in Massachusetts. The lawsuit claims that plaintiffs are unnecessarily segregated in nursing facilities in violation of Title II of the Americans with Disabilities Act and the Supreme Court’s decision in Olmstead v. L.C. The defendant, the Commonwealth of Massachusetts, moved to dismiss the claims of the named plaintiffs, arguing that they did not have an injury in fact to support standing. The Department’s brief explains that (1) unnecessary segregation is an injury in fact that meets Article III standing requirements and (2) plaintiffs need not request and be denied a specific service to establish standing to bring a claim under Title II of the ADA.
Article Credit: U.S. Access Board
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