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Cynthia Carpenter-Barker v. Ohio Department of Medicaid, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-4301 · judgment August 31, 2018

Certiorari denied · January 14, 2019

Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

This case involves a reduction in community-based nursing services that places claimant at risk of institutionalization in violation of Olmstead v. L.C., 527 U.S. 581 (1999) and the integration mandates of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12131, et seq., and Section 504 of the Rehabilitation Act of 1973 (“Section 504”), 29 U.S.C. § 794, et seq.:

Whether a state agency is entitled to deference of its fact opinion of medical necessity in a Fed. R. Civ. P. 56 de novo review?
Whether animus or a state policy are required to prove discrimination under the “integration mandate”?

Counsel of record

For petitioner
Geoffrey E. Webster

For respondent
Michael Jason Hendershot
Ohio Attorney General's Office

Case

Conference history
Distributed for 1 conference

Proceedings

Jan 14 2019
Petition DENIED.
Dec 26 2018
DISTRIBUTED for Conference of 1/11/2019.
Dec 12 2018
Waiver of right of respondents Ohio Department of Medicaid, et al. to respond filed.
Nov 30 2018
Petition for a writ of certiorari filed. (Response due January 7, 2019)