In SSDN v. Missouri Dept. of Health and Senior Services, No. 06CACFP009, the State attempted to terminate our client’s food service program at its sponsored child care centers for alleged serious deficiencies in Child and Adult Care Food Program.  An adverse decision would have cost our client more than $500,000 and prevented its participation in the CACFP program for seven years.  We obtained partial summary judgment against the State, and the State subsequently dismissed the remaining charges.  We have filed a fee petition seeking reimbursement of SSDN’s attorney’s fees and expenses from the Department.    

V.H., et al., v. Board of Education, East St. Louis School District #189, et al., No. 3:06-cv-132-GPM (S.D. Ill. 2006) was a class action lawsuit seeking special education services to students at public charter school.   A consent order was entered which provides that the school district will begin providing special education services at Tomorrow’s Builders Youthbuild Charter School. 

Gerken v. Sherman, No. 06AC-CC00123, Circuit Court, Cole County, Missouri, is a pending class action seeking revision of the system of Blind Pension payments in Missouri and payment to our clients of funds wrongfully diverted from the Blind Pension Fund.   

E.C. v. Sherman, 2006 U.S.Dist. LEXIS 25119 (W.D. Mo, May 1, 2006)(order) and Katz v. Sherman, 2006 U.S.Dist. LEXIS 27506 (W.D. Mo., May 9, 2006)(findings of fact and conclusions of law) is a permanent injunction following a trial on the merits in a class action lawsuit on behalf of a group of special needs children, preventing the State of Missouri from terminating or changing adoption assistance payments to these children.  The State dismissed its appeal of this order and agreed to pay $595,000 to the plaintiffs’ attorney team. 

In Lankford, et al., v. Sherman, 451 F.3d 496 (8^th Cir. 2006), the Eight Circuit Court of Appeals reversed the District Court, which denied an injunction in a Medicaid lawsuit to stop the State of Missouri from terminating the durable medical equipment program for our clients--seven adults with very significant disabilities.  The Court of Appeals held that the Medicaid cuts violated the Supremacy Clause of the U. S. Constitution.  The case was remanded for further proceedings in the District Court. 

In IMPACT, Inc. et al., vs. Granite City Housing Authority, et al., No. 04-705-DRH (S.D.Ill.2004), IMPACT, Inc., a center for independent living, and the Metropolitan St. Louis Equal Housing Opportunity Council filed a Fair Housing lawsuit against the Granite City Housing Authority and its architect for accessibility design and construction violations in 36 new units of senior citizen public housing. A HUD settlement was reached which includes complete retrofitting and payment to our clients of $72,000.00 in damages, attorney’s fees, and costs.

Barbour v. Weeks, et al., No. 03-596-WDS (S.D. Ill. 2003) is a civil rights and negligence case we filed against a private landlord and the St. Clair County Housing Authority on behalf of our client, a child suffering from lead paint poisoning. The case has settled for $ 1,240,000.00.

Hutchings v. Roling, 151 S.W.3d 85 (Mo. App. E.D. 2004) involved the State of Missouri’s denial of a Medicaid Home and Community Based Services waiver slot to our client, a severely disabled young man.  The Court held the denial was improper and ordered the State to provide the waiver slot.   In a related case, Hutchings v. Roling, 191 S.W.3d 334 (Mo. App. E.D. 2006), the Court of Appeals upheld the trial court’s award of attorney’s fees to our client, but reversed and remanded because the court’s fee award of $25,000 to our client was too low.

In McNeil-Terry v. Roling, 151 S.W.3d 85 (Mo. App. E.D. 2004) and Fisher v. Roling, 2004 WL 1440278 (Mo. App. E.D. 2004), we obtained declaratory and injunctive relief for our clients, and Missouri Medicaid adult dental services and free eyeglasses were restored to over 400,000 needy adults statewide. Our co-counsel was the Saint Louis University Legal Clinic. Following appeal, the State of Missouri paid our clients’ attorney’s fees in the amount of $65,540.00.

In the Interest of Austin W., No. 5-02-0290 (IIl. App. 5^th Dist.). is a case where we represented a lesbian foster mother--a retired N.Y.C. police detective—both at trial and in the 5^th District Court of Appeals (Illinois).  The trial court removed custody from our client and ordered that the child be placed with and adopted by his grandfather, an indicated child abuser.  Although our client lost, a unanimous Illinois Supreme Court reversed, awarding custody to our client. In re Austin W., 214 Ill. 2d 31 (Ill. 2005).

In Oxford House, et al., v. City of Granite City, Illinois, No. 01-381-MJR (S.D. Ill. 2003), summary judgment was entered against Granite City for its intentional discrimination against our clients, successfully recovering alcoholics and drug addicts. Plaintiffs then settled for $267,500.00 in damages and attorneys’ fees.

In The African-American Rite of Passage, Inc. v. Curators of University of Missouri, No. 014-00016, Div. 2, Circ. Ct. of City of St. Louis, the University’s revocation of our client’s charter to operate a public charter school was reversed.

F.H. v. City of Creve Coeur, Missouri, Nos. 4:96CV00807, 4:96CV01106 (E.D. Mo.) was a Fair Housing case we tried along with U.S. Dept. of Justice and the Saint Louis University Legal Clinic. A permanent injunction issued and a $192,000.00 judgment was entered against Creve Coeur for its discrimination against our clients, the developers and operators of a group home for persons with Alzheimer’s disease. We settled our clients’ damages claims on appeal for $250,000.00.