Lengthy Murphy v. Harpstead case based on living choices settled
July 2023
By Jane McClure
The federal court case of Murphy v. Harpstead, focusing on living choices for individuals with disabilities, reached a settlement approved by Senior U.S. District Court Judge Donovan Frank. The case, initiated in August 2016, addressed concerns raised by the Disability Law Center on behalf of Minnesotans with disabilities regarding the least restrictive living settings.
While intervenors expressed dissatisfaction with the settlement, Judge Frank ruled that it was fair, adequate, and reasonable, emphasizing that the case's scope was not about addressing staff shortages or state funding issues. The settlement, resulting from mediation between the Disability Law Center and the Minnesota Department of Human Services (DHS), includes injunctive relief with specific requirements for DHS in the categories of informing and educating, training, assessing, providing services, and measuring outcomes.
The settlement covers individuals aged 18 and older eligible for disability waivers, residing in licensed community residential settings without the opportunity to choose more integrated settings. The agreement mandates additional steps in the housing choice and assessment process, enhanced tracking, and public availability of data, with DHS generating reports for each county of financial responsibility.
The settlement also involves the payment of $1.138 million in costs and fees to plaintiff's attorneys. Judge Frank highlighted the need to resolve the case, which had continued for almost seven years, emphasizing the high costs, risks, and delays associated with trial and appeal. The ruling urged continued advocacy for disability rights, acknowledging that the settlement would bring positive change while emphasizing the importance of treating vulnerable members of society with respect.