This fall, the Minnesota Disability Law Center of Mid-Minnesota Legal Aid (MMLA) was successful in obtaining class certification on behalf of individuals with disabilities who are unnecessarily segregated in corporate foster care facilities. A decision was issued by the United States District Court in Murphy et. al. v. Piper et. al, which certified a class action for individuals with disabilities who want to live near family and friends. With this ruling, the federal court is allowing a challenge to the statewide practice of overreliance on corporate foster care settings as housing for those with disabilities and its failure to provide persons with disabilities information and access to reasonable and individualized alternatives. Moreover, the 8th Circuit Court of Appeals refused to consider the Department of Human Services’ request to reverse the certification order, so the case will now proceed through discovery and trial, if necessary. In failing to provide citizens with disabilities the opportunity to live in individualized settings, Minnesota has not been consistent with federal law. One of the lawyers for the Plaintiffs, Sean Burke, stated "We simply want a system in place that allows individuals with disabilities to live where they want, like everyone else, and in the most integrated setting appropriate to their needs."
Legal Aid staff who were instrumental in the achievement of this action include staff attorneys Sean Burke and Christen Champman, litigation director Justin Perl, Steven Pincus, Peter McGelliot, and Joe Anthony of the Anthony Ostlund law firm (co-counsel), and supervising attorney Bud Rosenfield. The decision can be found here.