Amundson v. Wisc. Dept. of Health Services

Federal 7th Circuit Court
Civil Court
Rehabilitation Act
Case Number: 
No. 13-1351
Decision Date: 
July 10, 2013
Federal District: 
W.D. Wisc.
Dist. Ct. did not err in denying plaintiffs’ request under Rehabilitation Act for injunction to require defendants-state officials to restore to 2012 levels payment schedule for programs utilized by developmentally disabled persons, where plaintiffs alleged that said persons bore largest program cuts that threatened their ability to remain in group homes and risked their removal to institutions. Plaintiff’s lawsuit is unripe with respect to claim that program funding threatened their removal from group homes since plaintiffs failed to show that anyone had actually been forced to move to any institution from group home at time of lawsuit. Moreover, plaintiff failed to state viable discrimination claim where, in spite of said cuts, plaintiffs failed to proffer any comparison group of individuals with other disabilities, which received more funding per individual than plaintiff’s group of developmentally disabled individuals.