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[original document reads] Supreme Court of the United States

No. 98-536

Tommy Olmstead, Commissioner, Georgia Department of Human Resources, et al., Petitioners v. L. C., by Jonathan Zimring, guardian ad litem and next friend, et al.

On writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit

[illegible date]

Justice Ginsburg announced [illegible] and delivered the opinion of the Court with respect to Parts [illegible] with respect to Part III-B, in which O'Connor, Souter, and Breyer, joined.

This case concerns the proper construction of the anti-discrimination provision contained in the public services portion (Title II) of the Americans with Disabilities Act [illegible] Stat. 337, 42 U.S.C. 12132. Specifically, we confront the question whether the [illegible] may require placement of persons with mental disabilities in community settings [illegible] in institutions. The answer, we hold, is a qualified yes. Such action is in order when the State's treatment professionals have determined that community placement is appropriate, the transfer from institutional care to a less restrictive setting is not opposed by the affected individual, and the placement can be reasonably accommodated, taking into account the resources available to the State and the needs of others with

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[text resumes] For the reasons stated we conclude that, under Title II of the ADA, States are required to provide community-based treatment for persons with mental disabilities when the State's treatment professionals determine that such placement is appropriate, the affected persons do not oppose such treatment, and the placement can be reasonably accommodated, taking into account the resources available to the State and the needs of others with mental disabilities. The judgement of the Eleventh Circuit is therefore affirmed in part and vacated in part, and the case is remanded for further proceedings consistent with this opinion.

It is so ordered.

Aberta em

Quinta-eira 18 Julho 2013

Publicado em

Segunda-feira 9 Setembro 2019

Albuns

• The Olmstead v. LC & EW Supreme Court Decision, June 22 1999

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