This case of first impression in the Eleventh Circuit sought community residential placements for L.C. and E.W. who had spent the majority of their lives in mental institutions.

For several years, their treatment teams acknowledged that they no longer met the requirements for involuntary confinement, but refused to release them to a community-based program with appropriate services.

The case, filed in 1995, presents a claim under the Americans With Disabilities Act. Our position is that the State of Georgia can no longer provide disability services to a mentally or physically disabled person in an institutional setting if he or she could be served in a more integrated, community-based setting.

The State appealed a favorable decision of the federal District Court granting summary judgment for our plaintiffs. Oral argument before the Eleventh Circuit Court of Appeals was in November 1997.  The Eleventh Circuit ruled that the State's failure to provide integrated community services under these circumstances violated the Americans with Disabilities Act.

The State appealed to the United States Supreme Court to reverse that ruling.  Now known as Olmstead v. L.C. and E.W.,  it  was heard on April 21, 1999.   This is the first U.S. Supreme Court case involving the "integration mandate" of the Americans With Disabilities Act.  Although both plaintiffs were receiving community services in response to the lawsuit, the case continued because the State of Georgia had not changed its policies, and the situation could have arisen again. 

After LC and EW moved from institutional life into the community, each progressed in ways that reveal the monotony of their former circumstances -- for example, LC likes long neighborhood walks and has (after many years) reconnected with her mom and sister. She visits the mall and picks out her own clothes. She has favorite meals and has learned to plan a menu. She quit a 3-pack a day cigarette habit. She speaks clearly and communicates well. She has two close friends at the group home. She loved her first airplane trip to Washington, and her meeting with a variety of media in connection with the Supreme Court consideration of her case.

EW spent a year in a group home, where she decorated her own room,  organized picture albums, and made regular weekend trips home to be with her extended family. She lived in a house with a caretaker and friend, who worked during the day while EW was at her pre-vocational program. EW became increasingly independent, taking complete responsibility for her own medical needs, an area that institutional doctors felt was problematic. was able to shop, cook, choose her own clothes, and attend family events and celebrations.

The case was heard in the Supreme Court on April 21, 1999.

Several Legal Aid lawyers, the Board's President and Vice President attended the argument.   Most used words such as "awe-inspiring" and "re-energizing" to describe the experience. 

Sue Jamieson:

"The two legal aid clients who were Plaintiffs in this case were, like each of our clients, people with little income and, by conventional standards, undervalued. We represented them simply because they called our office - exactly why we represent all of our clients. The fact that we filed a case in federal court raising an ADA claim is mostly because unnecessary institutionalization of people is the most egregious of the many wrongs endured by our clients with mental disabilities -- like spousal abuse, illegal evictions, consumer fraud, etc., etc., etc. . . . The case began like all our cases with the everyday effort to represent someone who called the office.

Offices:

Downtown
151 Spring Street NW
Atlanta, Georgia 30303
(404) 524-5811
Cobb
(770) 528-2565
DeKalb
(404) 377-0701     

Gwinnett
(678) 376-4545
South Fulton/Clayton
(404) 669-0233
Senior Citizen Hotline
For clients age 60 or over, throughout Georgia
(404) 657-9915
Toll free 1 (888) 257-9519

How Can Everyone Help Atlanta Legal Aid Help Others?

Members of the Clayton, Cobb, DeKalb, Fulton, and Gwinnett County legal communities can contribute time and services to help balance the scales of justice in metro Atlanta. Atlanta Legal Aid gratefully accepts donations of money and goods from everyone.  

Participate in our annual fundraiser, the Run For Justice!

Run For Justice 2007

IMPORTANT NOTICE

The information contained in this web site applies only to GEORGIA, USA. It is intended only as INFORMATION and does not constitute legal ADVICE, nor does reading, downloading or otherwise using this site create an attorney-client relationship.  Anyone seeking specific legal advice should contact an attorney licensed in the appropriate state, and should never rely upon the information provided herein, or any other web site, for that matter.

There may be other free resources available.  See  Other Legal Resources in Georgia on our web site.  See the web site for the State Bar of Georgia.  In Atlanta, you can find a private attorney quickly and fairly inexpensively through the Atlanta Bar Association Referral Service at 404-521-0777.  (Other bar associations may have similar programs.  You can always contact your local bar association to find out what is available.) 

Sue Jamieson, EW and LC
Sue Jamieson, Elaine Wilson and Lois Curtis

Final Settlement

On July 11, 2000, in the courtroom of Judge Marvin Shoob, the LC and EW v. Olmstead case came to a formal close with the signing of the final settlement agreement.

This case of first impression in the Eleventh Circuit sought community residential placements for L.C. and E.W. who had spent the majority of their lives in mental institutions.

For several years, their treatment teams acknowledged that they no longer met the requirements for involuntary confinement, but refused to release them to a community-based program with appropriate services.

The case, filed in 1995, presents a claim under the Americans With Disabilities Act. Our position is that the State of Georgia can no longer provide disability services to a mentally or physically disabled person in an institutional setting if he or she could be served in a more integrated, community-based setting.

The State appealed a favorable decision of the federal District Court granting summary judgment for our plaintiffs. Oral argument before the Eleventh Circuit Court of Appeals was in November 1997.  The Eleventh Circuit ruled that the State's failure to provide integrated community services under these circumstances violated the Americans with Disabilities Act.

The State appealed to the United States Supreme Court to reverse that ruling.  Now known as Olmstead v. L.C. and E.W.,  it  was heard on April 21, 1999.   This is the first U.S. Supreme Court case involving the "integration mandate" of the Americans With Disabilities Act.  Although both plaintiffs were receiving community services in response to the lawsuit, the case continued because the State of Georgia had not changed its policies, and the situation could have arisen again. 

After LC and EW moved from institutional life into the community, each progressed in ways that reveal the monotony of their former circumstances -- for example, LC likes long neighborhood walks and has (after many years) reconnected with her mom and sister. She visits the mall and picks out her own clothes. She has favorite meals and has learned to plan a menu. She quit a 3-pack a day cigarette habit. She speaks clearly and communicates well. She has two close friends at the group home. She loved her first airplane trip to Washington, and her meeting with a variety of media in connection with the Supreme Court consideration of her case.

EW spent a year in a group home, where she decorated her own room,  organized picture albums, and made regular weekend trips home to be with her extended family. She lived in a house with a caretaker and friend, who worked during the day while EW was at her pre-vocational program. EW became increasingly independent, taking complete responsibility for her own medical needs, an area that institutional doctors felt was problematic. was able to shop, cook, choose her own clothes, and attend family events and celebrations.

The case was heard in the Supreme Court on April 21, 1999.

Several Legal Aid lawyers, the Board's President and Vice President attended the argument.   Most used words such as "awe-inspiring" and "re-energizing" to describe the experience. 

Sue Jamieson:

"The two legal aid clients who were Plaintiffs in this case were, like each of our clients, people with little income and, by conventional standards, undervalued. We represented them simply because they called our office - exactly why we represent all of our clients. The fact that we filed a case in federal court raising an ADA claim is mostly because unnecessary institutionalization of people is the most egregious of the many wrongs endured by our clients with mental disabilities -- like spousal abuse, illegal evictions, consumer fraud, etc., etc., etc. . . . The case began like all our cases with the everyday effort to represent someone who called the office.

Offices:

Downtown
151 Spring Street NW
Atlanta, Georgia 30303
(404) 524-5811
Cobb
(770) 528-2565
DeKalb
(404) 377-0701     

Gwinnett
(678) 376-4545
South Fulton/Clayton
(404) 669-0233
Senior Citizen Hotline
For clients age 60 or over, throughout Georgia
(404) 657-9915
Toll free 1 (888) 257-9519

How Can Everyone Help Atlanta Legal Aid Help Others?

Members of the Clayton, Cobb, DeKalb, Fulton, and Gwinnett County legal communities can contribute time and services to help balance the scales of justice in metro Atlanta. Atlanta Legal Aid gratefully accepts donations of money and goods from everyone.  

Participate in our annual fundraiser, the Run For Justice!

Run For Justice 2007

IMPORTANT NOTICE

The information contained in this web site applies only to GEORGIA, USA. It is intended only as INFORMATION and does not constitute legal ADVICE, nor does reading, downloading or otherwise using this site create an attorney-client relationship.  Anyone seeking specific legal advice should contact an attorney licensed in the appropriate state, and should never rely upon the information provided herein, or any other web site, for that matter.

There may be other free resources available.  See  Other Legal Resources in Georgia on our web site.  See the web site for the State Bar of Georgia.  In Atlanta, you can find a private attorney quickly and fairly inexpensively through the Atlanta Bar Association Referral Service at 404-521-0777.  (Other bar associations may have similar programs.  You can always contact your local bar association to find out what is available.) 

Sue Jamieson, EW and LC
Sue Jamieson, Elaine Wilson and Lois Curtis

Final Settlement

On July 11, 2000, in the courtroom of Judge Marvin Shoob, the LC and EW v. Olmstead case came to a formal close with the signing of the final settlement agreement.