Litigation Assistance Partnership Project

Frew, et al v. Hawkins, et al

The Texas Alliance for Children’s Rights is seeking a firm to assist with this case. Systemic flaws in Texas’ Medicaid program prevent indigent children and teens from getting health care that they need. They are entitled to receive services under federal law and equitable orders in this federal class action on behalf of 1/3 of Texas’ children (roughly 2.8 million/year). They are entitled to receive comprehensive health care but many go without. Indeed, more class members lack basic preventive services now than 10 years ago, partly because of problems with Defendants’ Medicaid HMO program. Defendants’ widespread violations of a 1996 consent decree resulted in complex enforcement efforts. Defendants appealed and lost twice. In 2004, the Supreme Court upheld federal court’s power to enforce decree requirements against state officials. In 2006, the Fifth Circuit refused to dissolve the consent decree. Now a new settlement order is in effect. Monitoring and enforcement, however, are still needed to protect this large, diverse group of Texas’ most vulnerable youth.

Galloway, et al. v. Delgado et al

The Texas Civil Rights Project is seeking a firm to assist with this case. The Texas Youth Commission is the state’s juvenile correction system. In the spring of 2007, widespread sexual abuse of children by guards at TYC facilities was exposed. During subsequent investigations, a myriad of other civil rights abuses were uncovered in the facilities. Children are being denied access to rehabilitative services, being imprisoned longer than the committing courts intended, and are subjected to physical violence by other inmates and prison staff, among other serious civil rights violations. The Plaintiffs filed a class-action lawsuit against TYC seeking injunctive and declaratory relief to reform the conditions in the institutions.

Goodwine v. Taft

The NAACP National Office is seeking a firm to assist in this generations old desegregation case that was settled five years ago. The terms of the settlement require the State and Dayton Public Schools to provide an agreed amount of funds for buildings and for certain programs. The Federal Court retained jurisdiction. Any disputes over compliance are to be resolved first by the parties and, if that is not possible, by the Court based on principles of Ohio contract law. The term of the agreement expired on June 30, 2007. They are awaiting the District's response to a data request to determine whether Dayton Public Schools has substantially complied with the terms of the agreement.

Jacksonville Area Legal Aid (JALA) is seeking a firm to assist with a case potentially impacting 85 low income homeowners. The homeowners claims are that the local Habitat for Humanity affiliate built 85 homes on an old, fill site that was part of a dump that has buried trash and garbage, a stew of chemicals including pcb, arsenic and asbestos. The fill site/dump is still settling. The houses have major cracked slabs and walls, subsidence, mold and mildew; nails popping from the walls and an infestation of insects through the cracks, among other things that have devastated the value of the properties and are presenting continuing health risks to the residents. Children and adults are inflicted with rashes. Residents fear for their health and safety and find that the Habitat affiliate and the City of Jacksonville have been unresponsive to their problems. This case may include financial and predatory issues involving the mortgages and conflicts of interest.

To accept a case, or for more information about LAPP, please contact Heather Oberrieder, LAPP Director at: oberrieh@staff.abanet.org.