VAUGHN v. WERNERT, M.D. et al
| KAREN D. VAUGHN |
| JOSEPH MOSER, YONDA SNYDER and JOHN J. WERNERT, M.D. |
| 1:2016cv03257 |
| November 30, 2016 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Debra McVicker Lynch |
| Jane Magnus-Stinson |
| Civil Rights: Americans with Disabilities - Other |
| 29 U.S.C. ยง 0794 Job Discrimination (Handicap) |
| None |
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Filing
122
ORDER - Having considered the evidence adduced at the hearing and the briefs of the parties, the Court concludes that a permanent injunction is appropriate and GRANTS Ms. Vaughn's request for a permanent injunction. The Court hereby ORDERS Defe ndants to arrange for Ms. Vaughn, within 21 days, provision of the home health and attendant care services represented on this summary (which have already been approved by her AAA case manager). Having had its judgment in favor the state defendants reversed in Steimel, this Court is particularly mindful of that case's holding that the State of Indiana must ensure that its Medicaid programs comply with the integration mandate. And the Court took seriously Steimel's directive that in t he event the plaintiff prevails, as Ms. Vaughn has, "the district court, in conjunction with the parties, may exercise its equitable powers to craft an appropriate injunction." Through the tireless efforts of the magistrate judge, the Court attempted to engage the parties to craft a solution, and to allow Defendants to look within or amend their own programs to bring their treatment of Ms. Vaughn into compliance with the Americans with Disabilities Act, the Rehabilitation Act, and the Medicaid Act. The only response has been bureaucratic intransigence, while a vulnerable citizen of our state has deteriorated as she remains institutionalized. If the Defendants will not act to protect Ms. Vaughn and her rights, the Court will. Final judgment shall issue accordingly. (See Order). Signed by Judge Jane Magnus-Stinson on 1/9/2019.(JDH)
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Filing
68
ORDER - For the reasons described above, the Court DENIES Defendants' Motion for Summary Judgment, 36 , and GRANTS Ms. Vaughn's Cross-Motion for Summary Judgment, 47 , to the extent that it concludes that Defendants have violated the A DA, the Rehabilitation Act, and the Medicaid Act, and that Ms. Vaughn is entitled to injunctive relief. The Court CONVERTS the July 30, 2018 bench trial to a remedy hearing, and VACATES the final pretrial conference scheduled for July 5, 2018. The precise contours of Ms. Vaughn's relief will be determined at the July 30, 2018 remedy hearing. ***SEE ORDER*** Signed by Judge Jane Magnus-Stinson on 6/1/2018.(JDC)
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