Plummer v. Branstad

731 F.2d 574, 1984 U.S. App. LEXIS 23736
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 9, 1984
DocketNo. 83-1702
StatusPublished
Cited by15 cases

This text of 731 F.2d 574 (Plummer v. Branstad) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Plummer v. Branstad, 731 F.2d 574, 1984 U.S. App. LEXIS 23736 (8th Cir. 1984).

Opinion

HEANEY, Circuit Judge.

Daryl Jean Plummer, by her next friend and husband Michael, and Christine Muff, individually and as representatives of a class of similarly situated persons, sued various officials of the State of Iowa alleging unlawful discrimination under Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 (Supp. V 1981). A United States magistrate, deciding the case with the consent of the parties under 28 U.S.C. § 636(c) (Supp. V 1981), dismissed the action on May 3, 1983, because the plaintiffs were not “otherwise qualified” to participate in the program at issue. We affirm on the alternative ground that the State denied the plaintiffs participation in that program for a reason other than their handicaps.

I. BACKGROUND

Plummer suffered from Huntington’s Chorea, a progressive degenerative disease of the central nervous system, since age eighteen. Because of the physical and communicative impairments resulting from her disease, Plummer resided at the Fourth Avenue Care Center in Cedar Rapids, Iowa, an intermediate care facility (ICF) for the handicapped (a facility providing personal care, including medical services, to persons in need of twenty-four-hour assistance under the direction of a registered nurse or licensed practical nurse, Iowa Code Ann. § 135C.1(2) (West Supp.1983)).

Between 1976 and September, 1981, Plummer daily attended an adult day care program provided at the United Cerebral Palsy Center in Cedar Rapids. Her participation in that program was funded under Title XX of the Social Security Act, as amended, 42 U.S.C. §§ 1397-1397Í (Supp. V 1981). In April, 1981, the State informed her that she would no longer be eligible to receive Title XX funding for her adult day care services because Iowa regulations prohibited such funding on behalf of ICF residents. Specifically, Section 151.3(2) of the Iowa Department of Human Services regulations stated in part, “Adult day care services [funded under Title XX] shall be provided only to persons over eighteen years [576]*576of age who are impaired and are incapable of independent living without such services but who do not require twenty-four-hour inpatient care.” Iowa Admin.Code § 770-151.3(2).1 Plummer's appeals through the state administrative process were unsuccessful, and her Title XX funding ended on August 31, 1981.

On November 12, 1981, Plummer filed the present action alleging, inter alia, that the State’s termination of Title XX funding for her adult day care services constituted discrimination on the basis of her handicap prohibited by Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 (Supp. V 1981). She pursued the action until her death on March 19, 1983;2 since that time, her husband Michael Plum-mer has participated on her behalf.

In July, 1982, Muff intervened in the action. Muff has been diagnosed as severely and profoundly mentally retarded since birth. She has various physical and psychological impairments and has lived at Oakwood Manor, an ICF located in Clear Lake, Iowa, since May of 1976. Sometime in 1976, she began receiving adult day care services five days a week at Handicap Village in Clear Lake. In 1981, the State invoked section 151.3(2) of its human services regulations to terminate Title XX funding for Muff’s adult day care services. At the time of the magistrate’s decision below, Muff’s parents paid for her to continue to receive adult day care services at Handicap Village two days a week. As with Plummer’s action, Muff claimed among other things that the State’s termination of Title XX support for her attendance at Handicap Village constituted impermissible discrimination on the basis of her handicap.

On September 8, 1982, the United States District Court for the Northern District of Iowa certified the case as a class action on behalf of “all elderly and handicapped adults in the state of Iowa who have applied for, received, or been eligible for Title XX adult day care services since January, 1981, but who have been or will be denied such services because their condition requires twenty-four hour inpatient care.” Plummer v. Branstad, No. C 81-133, slip op. at 2 (N.D. Iowa May 3, 1983) (order of magistrate). On January 24, 1983, the district court referred the case to a magistrate for final disposition at the behest of the parties. The parties submitted the case upon a stipulated record together with written briefs and arguments.

The magistrate made specific findings of fact with regard to Muff and the application of section 151.3(2) to her case. He found it unnecessary to deal with Plum-mer’s case separately given her intervening death. In his findings of fact, the magistrate indicated that Title XX funding of adult day care services in Iowa was designed principally to enable participants to live in family settings and to avoid institutionalization. He stated that, although adult day care services could be beneficial to Muff and other ICF residents, “[s]ub-stantially all of the types of services provided by an adult day care center are provided by an intermediate care facility.” Plummer v. Branstad, supra, No. C 81-133, slip op. at 5. He further found that the State subsidized the plaintiffs’ residence in Iowa ICFs at a cost of $26.50 per person per day, while adult day care for these same individuals, if funded under Title XX, would “cost” the State an additional $18.96 per person daily.3 He finally [577]*577found that “[ajvailing Title XX funding to a resident of an ICF for adult day care services results in a duplication of many of the same kinds of services and would impose a substantial financial burden upon defendants [the State].” Id. at 6.

From these factual findings, the magistrate concluded that the plaintiffs, as individuals and as a class, were not “otherwise qualified” to participate in the Title XX adult day care funding program. He noted that the plaintiffs were not denied enjoyment of adult day care services; rather, they were denied public Title XX funding for their receipt of such services. Id. at 11. Because the “principal benefit and goal” of Title XX funding for these services was to avoid institutionalization of participants, and no plaintiff showed that participation in adult day care services would vitiate her or his need for twenty-four-hour ICF care, the magistrate held that the plaintiffs were not qualified to participate in the funding program. Id. at 11-13. Further, the magistrate held that any modification of the program to include the plaintiffs would defeat the goal of avoiding institutionalization of participants, which would be an unreasonable accommodation in the program. Id. at 14-18. He thus found no violation of the prohibition against handicap discrimination in the 1973 Rehabilitation Act. The plaintiffs appeal.

II. DISCUSSION

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Plummer v. Branstad
731 F.2d 574 (Eighth Circuit, 1984)

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Bluebook (online)
731 F.2d 574, 1984 U.S. App. LEXIS 23736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plummer-v-branstad-ca8-1984.