Justice Department Files Statement of Interest About Class Certification in Litigation Alleging Unnecessary Segregation in Violation of the ADA

On September 20, 2023, the Department of Justice filed a 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. In a motion for class certification, the plaintiffs seek to represent a class of adults with a range of disabilities who reside in nursing facilities and have not been provided certain community-based services. The Department’s brief explains that class certification is regularly granted in Olmstead cases because (1) Olmstead cases raise common questions concerning the defendant’s systemic policies and practices and (2) single injunctive relief is appropriate to remedy the unnecessary segregation of a large group of people.

The Statement of Interest can be read here. To find out more about the ADA, visit ada.gov or call the Justice Department's toll-free ADA information line at 1-800-514-0301 or 1-833-610-1264 (TDD).