There are two kinds of institution lawsuits. There are lawsuits brought by the U.S. Justice Department and there are lawsuits brought by advocates. Sometimes these lawsuits are joined together. Other times they are separate.
The first "claims" that are used in lawsuits are violations of people's rights under the U.S. Constitution. Other laws that may pertain to the claim include the American's with Disabilities Act, IDEA, Section 504 of the Rehabilitation Act and the Social Security Act.
Ask other states who are involved in lawsuits to recommend a lawyer. Ask organizations like the ARC, Protection and Advocacy or Legal Aid to become involved.
Make sure everyone in your groups wants to do it. Gather information about the civil rights violations that occur at the institution. Work closely with the lawyers to file papers with the court. Be available to testify in court, at hearings and/or other meetings. Get people to testify about what happened to them in the institution and what needs to be done to remedy the issues. Support one another. Keep the public interested in the issue. Use the media to help state and clarify your position.
When an institution violates a constitutional or federal law, a claim must be filed in a federal court to ask for "relief." Otherwise the claim should be filed with the state.
Member of your Campaign for Freedom chapter, people on the inside, family members who agree with you and other disability organizations who believe in this issue.
In a lawsuit, everything that is shared with your attorney is confidential. Sometimes things need to be a surprise so the other side will not be able to come up with a defense, For example, if you are going to talk about someone's abuse, you may not want the other side to know. They may put pressure on or intimidate them into not testifying. You need to make sure that everyone involved can be trusted to keep information confidential. It is really true that people's lives can depend on trust.
State governments, family members, legislators, employees and others may become angry when you file a lawsuit. You could receive angry remarks, phone calls and mail. People who were your friends might turn their backs on you. Some might try to retaliate against you for taking a stand. You will need to let your lawyers know if it happens. Prepare your membership for this before the suit is filed. Give them strategies to cope with the negative feedback.
Cost depends on the agreement you have with your attorney. Some attorneys will not charge you and will ask the court for attorney fees if you win. Nevertheless, you will still need money to pay for things like getting people to the courthouse, postage, faxes, phone calls, media campaigns, etc. Lawsuits can take a very long time. In some cases it took 3-10 years to resolve the issue.
Contact one of these self-advocates who have filed similar suits:
People First of Tennessee, Inc. 615-256-8002
People First of Connecticut, Inc. 203-792-3540
Home | Contact us | One Woman's Experience | Help People Leave
Parent Info | Chapter Activities | How? | Using Courts | IL Budget Figures | Top 10 Arguments
Sponsors/ Sign-on | Links
