Recent Court Cases
Open Cases
Summary: Three youth, through their next friends and lawyers from DRM, the ACLU of Maryland, Children’s Rights and Morgan, Lewis & Bockius, LLP, filed a lawsuit against Maryland’s Department of Human Services (DHS) on behalf of a class ofyouth with disabilities in foster care in Maryland who are prescribed given strong mental health drugs without sufficient oversight or informed consent. The goal is to ensure that DHS follows state and federal law and addresses harm to children and youth that can come from taking too many medications to address the same or similar symptoms, causing harm.
Filed: January 17, 2023
Co-Counsel: Children’s Rights, ACLU-MD, and pro bono partner Morgan, Lewis & Bockius, LLP
Status: Awaiting the Court’s response to Defendants’ Motion to Dismiss.
Summary: Five children, through their next friends, brought a class action lawsuit against Maryland’s Departments of Human Services and Health, as well as related sub-cabinet officies and various administrators in their official capacities.. The suit alleges that the Defendants are violating foster children with disabilities’ constitutional and federal rights when they are left in hospitals or emergency rooms, despite being ready for discharge, because of the lack of appropriate community placements and services The goal is to make sure that foster children with disabilities get the right support and care in places that meet their needs, like homes or community programs—not hospitals.
Filed: May 30, 2023
Co-Counsel: Venable, LLP.
Status: Currently in discovery related to class certification
Summary: DRM filed a lawsuit on behalf of individuals with serious mental illness incarcerated in Maryland prisons who are unlawfully housed in segregation (restrictive housing) and discriminated against, in violation of the ADA, Section 504 of the Rehabilitation Act, and constitutional guarantees against cruel and unusual punishment pursuant to the 8th and 14th Amendments to the U.S. Constitution.
Filed: 11/18/2021.
Co-Counsel: White & Case, LLC
Status: In discovery
Summary: DRM brought suit on behalf of individuals with mental illness who have been charged with a crime, and found Incompetent to Stand Trial (IST) and dangerous and experiencing excessive time in detentionbefore being transferred to a state hospital or for competency restoration, violating their constitutional and civil rights. Maryland law requires Maryland Department of Health (MDH) to transfer them within business 10 days of being notified of the Court’s Order. Detainees often receive little to no treatment and are held in solitary confinement under challenging conditions, worsening their health. DRM’s goal is to ensure prompt access to treatment, the creation of community alternatives for low-level offenders, and an increase in community supports.
Filed: 1/9/2025
Co-Counsel: Wiley Rein, LLP and Washington Lawyers’ Committee for Civil Rights and Urban Affairs
Status: Awaiting ruling on Defendants’ Motion to Dismiss
Summary: In 2016, DRM brought suit against the Housing Authority of Prince George’s County alleging their failure to provide sufficient accessible housing, make reasonable modifications and accommodations for qualified persons with disabilities, and engaging in housing discrimination. The parties reached a settlement 2018 that included an agreement to make significant accessibility changes to its public housing sites, as well as taking steps to create new accessible units in project based housing, damages for plaintiffs, a modification fund, and changes to HAPGC policies and procedures. But by 2023, when the Settlement Agreement was about to expire, HAPGC had not finished all of what it promised. DRM and pro bono partner Sidley Austin asked the Court for permission to file a Motion to Enforce. The Court ordered DRM to try to work it out through mediation. The parties are still in mediation, and DRM has engaged an accessibility expert to identify areas where changes are still needed.
Filed: 2016.
Co-Counsel: Sidley Austin (enforcement only)
Status: In mediation
Cases in Monitoring/ Enforcement
Summary: In Baltimore City, many sidewalks, curb ramps, and walking paths are hard or impossible to use for people in wheelchairs or with other mobility disabilities. This makes it unsafe and difficult for thousands of people who live in or visit Baltimore. Three people who use wheelchairs and the IMAGE Center (the Center for Independent Living for the Baltimore area) filed a class action lawsuit with the help of DRM and other lawyers. The lawsuit claimed Baltimore City is in violation of Americans with Disabilities Act and the Rehabilitation Act by failing to ensure that its sidewalks, curb ramps and walking paths are accessible to people with mobility disabilities..
In March of 2025 the Court approved an agreement called a Partial Consent Decree. It requires the city to spend $8 to $12 million each year for four years to fix sidewalks, curb ramps, and walkways that don’t meet accessibility standards. After four years, the parties will meet to determine next steps to making and maintaining accessibility in Baltimore.
Filed: 6/10/2021.
Co-Counsel: Fox & Robertson, P.C., Goldstein, Borgen, Dardarian & Ho, Disability Rights Advocates.
Status: Partial Consent Decree (PCD) approved on March 27, 2025. In monitoring.
Summary: Three individual named plaintiffs, Baltimore Neighborhoods, Inc., and the Baltimore County Branch of the NAACP, filed a complaint with HUD and request for a compliance review of Baltimore County, arguing that Baltimore County was engaging in race and disability discrimination in violation of the Civil Rights Act, the Fair Housing Act, Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and Section 109 of the Housing and Community Development Act. After five years of negotiation, Baltimore County agreed to a Voluntary Compliance Agreement (VCA) that required the county to help 2,000 families move to better neighborhoods, build 1,000 new affordable homes (including 100 accessible homes and 500 large ones), and start programs to help families find good housing. They also created a $3 million modification fund to help make homes more accessible and a $30 million fund to build more affordable and accessible housing. The county also agreed to change policies, adopt new procedures, and pay damages to the individual plaintiffs. The VCA was signed in 2016 and will be in effect for 12 years.
Filed: 2011
Co-Counsel: Public Justice Center, Inc., Homeless Persons Representation Project (through early 2025), NAACP, ACLU-MD, and Maryland Legal Aid.
Status: DRM, along with other counsel for the Complainants, continues to meet with Baltimore County to detail their plans and share information on their progress meeting the requirements of the VCA.
Summary: Back in 2002, DRM and pro bono counsel sued the Housing Authority of Baltimore City on behalf of a class of people with disabilities who had been denied access to mixed population public housing, accessible housing, and denied reasonable accommodations and modifications as required by the Fair Housing Act, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, and the U.S. Housing Act.
The U.S. Department of Justice’s Fair Housing and Civil Enforcement, which was investigating similar allegations against HABC, participated in settlement talks with HABC, resulting in a joint Consent Decree. The Consent Decree required HABC to immediately open its mixed population buildings to non-elderly persons with disabilities, target 500 housing choice vouchers for non-elderly persons with disabilities, prioritize non-elderly persons with disabilities for one-bedroom family public housing units, and included a victims’ fund, a modification fund,, the creation of more than 800 UFAS-accessible units in public and subsidized housing. It also required new rules, staff training, and help for families trying to move into better housing. As some public housing was torn down or changed to private management, the agreement was updated to protect people’s rights.
Filed: 2002
Co-Counsel: Mintz Levin LLP (at filing); Hunton & Williams, LLP (through 2004), U.S. Department of Justice, Fair Housing and Civil Enforcement Section.
Status: In monitoring.
