Real Stories: Wade v. Coughlin
Great Oaks Center Residents
Wade v. Coughlin
Maryland
Residents of the Great Oaks Center, an institution for individuals with developmental disabilities run by the state of Maryland, sued the state alleging abuse, neglect, denied medical care, and the use of unnecessary physical restraints. They sued to shut down Great Oaks Center by stopping new admissions having current residents transferred to appropriate community living arrangements.
The residents achieved their goal: within three years after the suit was filed all but two of the residents were transferred to community placements. Within four years Maryland closed Great Oaks.
Having achieved their desired outcome, the residents of Great Oaks Center agreed to dismiss the case. The residents then sought reimbursement for their attorneys’ work, which amounted to more than $1 million. Although the court agreed that the lawsuit had contributed substantially to the state's actions in closing Great Oaks Center, the court relied on a recent U.S. Supreme Court decision, Buckhannon v. West Virginia, ruling that the former residents of Great Oaks Center could not recover the fees.
Under the Supreme Court’s decision in Buckhannon v. West Virginia, the recovery of attorney fees in civil rights cases is only limited to instances when a court issues a final judgment. Because of Buckhannon, individuals like the residents of Great Oaks Center who are subject to discrimination have less access to the courts, and civil rights attorneys are less likely to have the means to defend victims of discrimination.
