Hearing to outline proposed life choices settlement

by Jane McClure

A federal class action lawsuit involving Minnesotans with disabilities who live or have lived in corporate adult foster care or group homes returns to U.S. District Court in St. Paul on Friday, May 12.

Before the 1 p.m. court proceedings, disability rights activists will gather at 11:30 a.m. to protest what they see as an inadequate proposed settlement. The “Integration Now” rally is meant to draw attention to the settlement, and the need for more to be done to help Minnesotans with disabilities as they seek to integrate into their home communities.

Learn more about the rally at the Facebook group, Minnesotans for Direct Support Improvements or at okerlundlaw. com. The law firm is representing those who object to the settlement. There is also an online petition demanding that the proceedings be virtual so that more can watch.

The May 12 proceeding is a fairness hearing. A fairness hearing is one where the court weighs a decision as to whether or not a settlement agreement is fair, reasonable and adequate. The final decision can be made at or after the hearing.

The hearing on Murphy versus Harpstead was to be held in January but was postponed to allow the Minnesota Department of Human Services (DHS) more time to mail notices to some Minnesotans with disabilities who were entitled to receive notice of the settlement agreement.

Objections to the settlement were filed in March.

The civil court case has gone on for more than six years. Tenner Murphy is the Murphy in the case and is one of the lead plaintiffs. Other named plaintiffs are Marrie Bottelson and Dionne Swanson.

Harpstead is DHS Commissioner Jodi Harpstead. DHS itself is a defendant, and several counties’ human services departments and ARRM are involved as interested or amicus parties. The Minnesota Disability Law Center is representing the plaintiffs.

A key factor in the case is the federal Olmstead decision. Olmstead versus L.C. is considered one of the most important