Lengthy case based on living choices is settled

by Jane McClure

A settlement in a lengthy federal court case centered on living choices won approval June 15. While intervenors didn’t get what they sought in the class action case of Murphy versus Harpstead, they are using the court case to mobilize on issues and draw new people into self-advocacy.

At issue was a legal settlement negotiated by the Disability Law Center and the Minnesota Department of Human Services (DHS), and whether that settlement addressed issues raised by the Disability Law Center on behalf of Minnesotans with disabilities who want to live in the least restrictive settings possible.

U.S. District Court Judge Donovan Frank’s ruling concludes that the settlement warrants approval. While many issues raised by those parties have merit, those claims are outside of the case’s scope. Frank agrees with the plaintiff’s contention that the lawsuit is not about addressing staff shortages or how the state funds waiver services.

The case is about whether the agreement is fair, adequate and reasonable, Frank said. It’s not about where a better deal could have been negotiated between the Disability Law Center and the Minnesota Department of Human