Judge Denies Motion To Dismiss Jackson Case

Federal District Court Judge James Parker recently denied a motion that had been abruptly filed by the Department of Health and the Human Services Department to vacate (dismiss) the Jackson case. The motion relies on a ruling from the 5th Circuit Court of Appeals which has been argued - but not yet decided - in the U.S. Supreme Court. The case challenges the authority of the courts to enforce consent decrees entered into by state governments in certain situations.

The Jackson case, filed in 1987 and decided in 1990, led to the closure of two state institutions and the overhaul of the state's service system for persons with developmental disabilities. An agreement in 1997 established what the state has to do in order to bring the lawsuit to an end. Many of these objectives have not yet been completed or achieved.

Responding to the motion, Protection and Adovcacy's Executive Director Jim Jackson noted: "The best way for the state to end this lawsuit is for it to do what it promised to do, or to negotiate a new agreement to take other steps to assure quality services and outcomes for people with disabilities."