Monday, January 4, 2010

Judge Backs Lawsuit by Disabled Couple

A federal judge Monday prohibited the state and a local mental health management office from cutting services to two Wilson-area people with mental illness and developmental disabilities until they get a full hearing on their lawsuit seeking to continue independent living.

U.S. District Judge Terrence . Boyle said it's likely that two residents identified in the lawsuit as Marlo M., 39, and Durwood W., 49, would suffer irreparable harm if a local mental health office went through with a money-saving plan to move them from their apartments.

Their lawyers contend the two would end up in institutions, though a lawyer for the local mental health office disagreed with that conclusion.

State programs and funding should conform to the Americans with Disabilities Act, Boyle said. The federal law requires that public entities provide their services in "the most integrated setting appropriate" to the needs of people with disabilities.

Relatives of the two residents said they were relieved that any moves are on hold.

Full Article and Source:
Judge Backs Lawsuit by Disabled Pair for Independent Living

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