MPA Files Docket Statement to Appeal Ruling on Murray The Attorney for the Murray Parents Association has officially filed an appeal in the United States Seventh Circuit Court of Appeals appealing a July ruling by Federal Judge Marvin Aspen. Aspens ruling denied a preliminary injunction that would have prevented DHS from moving residents from Murray Center. According to the statement submitted August 25th, the group is specifically appealing the portion of Judge Aspens earlier ruling that stated that the coalition did not adequately show that closing the facility would result in irreparable harm to the residents of the facility. The appeal filed by Murray Parents Association Attorney Judith Sherwin states that the loss of Murray, and a lack of clear choice regarding alternative options for care, qualifies as irreparable harm. The appeal also claims that attempts by the state to funnel most residents into four-bedroom Community Integrated Living Facilities qualifies as intra-class discrimination against the developmentally disabled because of the different levels of developmentally disabled residents housed at Murray. The intra-class discrimination claim is based on a very recent court case against the Wisconsin Department of Health Services in the 7th District Court. The appeal also cites Affordable Care Act language interpreted earlier this year by another federal court. The group announced the appeal on August 20th, the last possible day to announce an appeal.
Posted on: Wed, 27 Aug 2014 01:11:02 +0000
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