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Civil Rights
ADA
Lanterman Act

Nickole Bouslog v. Care Options Management Plans and Supportive Services LLC, dba Compass; Compass, LLC, dba Compass; Compass SLS & ILS, LLC, dba Compass; Ravonne Oliver; Regional Center of the East Bay, Inc.; and California Department of Developmental Services

Published: Dec. 31, 2020 | Result Date: May 9, 2020 | Filing Date: Feb. 1, 2020 |

Case number: 3:20-cv-00756 WHA Bench Decision –  Dismissal

Judge

William H. Alsup

Court

USDC Northern District of California


Attorneys

Plaintiff

Susan Y. Kang-Gordon
(Law Office of Susan Kang Gordon)

Celia L. McGuinness
(Derby, McGuinness & Goldsmith )

Deborah D. Gettleman
(Derby, McGuinness & Goldsmith )


Defendant

Hussein M. Saffouri
(Ramsey Law Group)

Kymberly E. Speer
(Office of the Attorney General)


Facts

Nickole Bouslog was an individual with developmental disabilities. Bouslog received 24-hour care from Care Options Management Plans and Supportive Services LLC, the California Department of Developmental Services and others. Bouslog eventually sued her care providers under various sections of the Americans with Disabilities Act and other state statutes for the quality of care she received.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant provided substandard care to her for her developmental disabilities and limitations. Defendants failed to feed her properly. As a result of defendant's abuse and neglect, plaintiff was sent to a hospital and no longer able to care for herself. Defendants' conduct caused plaintiff to undergo several surgeries and ended her ability to live independently. Moreover, defendants also caused plaintiff to have to live in filth given the condition of her home after the lack of care.

DEFENDANTS' CONTENTIONS: Defendants denied the contentions. Defendants contended that the alleged course of conduct was not a denial of services by reason of plaintiff's disabled status.

Injuries

Nickole Bouslog underwent surgery for kidney stones and other infections.

Result

The court dismissed the action in its entirety.


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