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Voss v. Rolland

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Before Lynch, Chief Judge, Selya and Stahl, Circuit Judges.

This appeal by a small number of the plaintiff class challenges the 2008 approval of an amended settlement agreement between the remaining plaintiff class members and the state in a longstanding class action. See Rolland v. Patrick (Rolland XI), 562 F. Supp. 2d 176 (D. Mass. 2008). The original suit, brought in 1998 by developmentally disabled nursing home residents on behalf of over 1000 class members, alleged that Massachusetts did not provide appropriate treatments in appropriate settings to them as federal law required. Here, 43 class members at one nursing facility object to the 2008 amended settlement under which many class members will be transitioned to community placements. They fear it will lead to them being forced out of their particular nursing facility, where they prefer to stay.

The 2008 settlement resulted from the state’s inability to comply fully with an earlier settlement, reached in 2000. Under the 2000 settlement, the state successfully moved many class members to the community but failed to provide specialized services, including “active treatment,” to those remaining in nursing homes. See Rolland v. Cellucci (Rolland IV), 138 F. Supp. 2d 110, 120 (D. Mass. 2001). The parties negotiated the amended settlement in 2008 to lessen the state’s active treatment obligations and, instead, move most class members remaining in nursing homes to the community.

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