Defendant's Attorney: Arthur S. Chalmers, assistant attorney general, argued the cause, and Derek Schmidt, attorney
general, was with him on the briefs for appellee.

Description: Wichita, Kansas social security disability lawyer represented Plaintiff, who sued Defendants challenging the relocation of Plaintiff.

The defendants sought to relocate Catherine Roll, an individual
with significant mental and physical disabilities, from the Parsons State Hospital and
Training Center (Hospital), where she has been a long-term resident, to a community-
based treatment center. Roll, through her guardians, resisted such a transfer and
contended that the Americans with Disabilities Act (ADA) and the Social Security Act
(SSA) prohibited the defendants from changing her placement without her approval. The
district court held that she did not have a statutory right to remain at the Hospital. The
Court of Appeals affirmed that order, and we granted review.

https://www.kscourts.org/KSCourts/media/KsCourts/Opinions/121447_1.pdf?ext=.pdf

Outcome: The district court ignored the uncontroverted evidence—which the defendants'
own witnesses provided—that she had active treatment needs and was receiving active treatment for those needs at the Hospital. It relied on unsupported and counterfactual conclusions that it drew from that evidence to reach an incorrect legal conclusion about Roll's rights under the Medicaid Act. The Court of Appeals engaged in an erroneous review of those factual determinations and the legal conclusion, inviting reversal by this court.

Plaintiff's Experts:

Defendant's Experts:

Comments: