Murphy v. Harpstead

In 2016, a federal class action lawsuit, Murphy v. Harpstead, was filed against the Commissioner of the MN Department of Human Services, on behalf of Minnesotans with disabilities living in group homes. These Minnesotans are segregated, isolated, and often denied the opportunity to make choices that non-disabled people take for granted, such as who they associate with, how they spend their day, what they eat, when they go to bed, and where they live.

These Plaintiffs wanted to live in “integrated” settings, meaning “integrated” into the greater community, as opposed to being forced into segregated congregate care. And the law supports them in this. According to the Integration Mandate of the Americans with Disabilities Act and the Olmstead U.S. Supreme Court decision, our fellow Minnesotans with disabilities have the right to receive disability services in the most integrated setting appropriate to their needs. They should not be functionally forced by the Department of Human Services to live in group homes and institutions.

In the summer of 2022, Disability Law Center and DHS reached a settlement agreement that we believe is unfair to the Plaintiff class members.

Documents

CLASS ACTION COMPLAINT AND REQUEST FOR INJUNCTIVE DECLARATORY RELIEF [ 39 Pages ]

Exhibit 1 to Declaration of Steven Schmidt in Support of Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement [ 38 Pages ]

Objection: Ariel Doe

Written Objection to the Agreement from Ariel Doe [ 45 Pages ]

Objection: Kelly Kirkpatrick

Written Objection to the Agreement from Kelly Kirkpatrick [ 45 Pages ]

Objection: Katheryn Ware

Written Objection to the Agreement from Katheryn Ware [ 45 Pages ]

Objection: NAMI

Written Objection to the Agreement from NAMI [ 26 Pages ]

Objection: Wheeler Baker

Written Objection to the Agreement from Wheeler Baker [ 1 Pages ]

Objection: Deanna Dorosh

Written Objection to the Agreement from Deanna Dorosh [ 27 Pages ]

Objection: Lance Hegland

Written Objection to the Agreement from Lance Hegland (fka Pat Doe) [ 46 Pages ]

Declaration of Objector Lance Hegland

Declaration of Plaintiff Objector Lance Hegland (fka Pat Doe) in Support of His Objection to Class Action Settlement Agreement [ 20 Pages ]

Objection: Lauren Thompson

Written Objection to the Agreement from Lauren Thompson (fka Jaime Doe) [ 45 Pages ]

Declaration of Objector Lauren Thompson

Declaration of Plaintiff Objector Lauren Thompson (fka Jaime Doe) in Support of Her Objection to Class Action Settlement Agreement [ 18 Pages ]

Fairness Hearing

On May 12, 2023, there is a Court hearing, where the Court will hear from the parties and Objectors regarding whether the settlement agreement is fair or not. I encourage the legal community to read the settlement agreement and not rely on biased, secondhand accounts of its contents. If you do, you will see it provides no relief to the disability community. Worse, it actually forces the class to give up important rights that were not litigated in the case.

Misti Okerlund is one of four attorneys who represents six Objectors. These Objectors have asked Ms. Okerlund to convey to the Court why the settlement agreement is unfair. Two of her client Objectors are Mr. Lance Hegland and Ms. Lauren Thompson, both of whom are Minnesotans with disabilities. She is honored and proud to be their attorney. They originally filed their Objections using pseudonyms for fear of retaliation. Retaliation is rampant and common when our disabled friends and neighbors stand up for their rights. Recently, however, Ms. Thompson and Mr. Hegland have bravely decided to reveal their real identities to the public and have asked to be heard by the Court on May 12th at the Fairness Hearing. You need to hear what they have to say.

You are invited to attend a peaceful disability advocacy rally at 11:30 AM, and the Court hearing at 1:00 PM CST on Friday, May 12, 2023. Please RSVP below and come support us.

Details about the event

Courthouse Information

Here are some details to prepare you for your visit to the Warren E. Burger Federal Building and U.S. Courthouse. Please read this important information about parking, courtroom decorum, and other details. We look forward to seeing you there.

Important Information about the Event

Address

Warren E. Burger Federal Building and U.S. Courthouse
316 North Robert Street
Suite 100
St. Paul, MN 55101

Accessible Parking

There is a free accessible parking spot in the back of the courthouse. The closest accessible ramp is the Jackson Street Ramp (345 Jackson Street) which connects to the skyway that leads to the courthouse. Parking ramp information is available at https://www.interstateparking.com.

Please contact Michael at (651) 848-1106 for additional assistance on accessible parking options.

Courtroom Decorum

The dignity of the court is to be respected and maintained at all times.

Attire for counsel and spectators should be restrained and appropriate to the dignity of a court of the United States.
Court Security Officers and court staff are authorized to open and inspect any item carried into a courtroom.
No recording, broadcasting, or photography is permitted.
No food or drink may be brought into the courtrooms; water is provided at counsel tables.
Doorways and passageways should be kept clear at all times.
No electronic device may be used in any courtroom without advance permission from the presiding judge or special master.

Courthouse Website

https://www.mnd.uscourts.gov/content/st-paul