Current Situation

June, 2004

Update

The waiting list lawsuit trial concluded on Friday, June 4, 2004.  U.S. District Judge Richard Matsch has ordered each side to file trial briefs by Friday, June 25, 2004.  Upon review, a date will be set at the U.S. District Courthouse for oral arguments and closing statements. 

About the Lawsuit

Six plaintiffs – three individuals with developmental disabilities filed the lawsuit in August 2000 and three have since joined the case – allege that the state of Colorado has violated the federal Medicaid mandate regarding prompt provision of services and comparability requirements.

February, 2005

Decision

On February 28, 2005, Judge Richard Matsch issued his Memorandum Opinion and Order on the waiting list lawsuit.  Click on the link below to review the Order.

Mandy R v Owens Decision

March, 2005

On March 25, 2005, the attorneys for the plaintiffs initiated an appeal with the United States Court of Appeals for the 10th Circuit.  

May, 2006

On May 10, 2006, Oral Arguments will be heard before the US Court of Appeals for the 10th Circuit. 

Decision

The US Court of Appeals for the 10th Circuit affirmed the decision by the US District Court.

January, 2007

On January 18, 2007, the attorneys for the plaintiffs filed a Petition for a Writ of Certiorari with the United States Supreme Court.

March, 2007

On March 26, 2007, the United States Supreme Court decided not to hear the plaintiff's appeal.