Plaintiffs include the guardians for several individuals who reside at the Warren G. Murray Developmental Center ("Murray"). (Stip. ¶ 1.) Murray is a state operated developmental center ("SODC"), a residential facility that provides housing and a range of services (known as "ICF-MR" services) to individuals with developmental disabilities, particularly those with severe and/or behavioral needs. (Id. ¶ 8.) Murray is located in Centralia and is one of seven SODCs operated by the State of Illinois. (Id. ¶ 9.) As of August 31, 2013, Murray was home to 233 residents, some of whom have lived there for decades. (Id. ¶ 10; see also Rule 30(b)(6) Decl. of Rita Winkeler ¶ 21 & Ex. (letters filed under seal) (Dkt. Nos. 239-1, 240).)
Many of the Murray residents are nonverbal and medically fragile. (Winkeler 30(b)(6) Decl. ¶ 21 & Ex.; see also Decl. of Rita Winkeler ¶¶ 4-5 (Dkt. No. 241-1); 9/22/13 Decl. of William Henson ¶ 4 (Dkt. No. 241-10); 4/12/13 Decl. of Marsha Holzhauer ¶ 3 (Dkt. No. 241-9); 9/23/13 Decl. of Dr. Karen Kelly ¶¶ 5-6 (Dkt. No. 241-3); Rule 30(b)(6) Decl. of Rita Burke ¶¶ 10-12 (Dkt. No. 314-1); 9/21/13 Decl. of Janice Kerst ¶ 3 (Dkt. No. 241-5); 4/13/13 Decl. of Denise Schoppet ¶ 2 (Dkt. No. 241-8); 6/23/13 Decl. of Lori Demijan ¶¶ 2-5 (Dkt. No. 241-17).) As of August 31, 2013, eighty-four percent (84%) of Murray residents had severe or profound mental retardation range. (Stip. ¶ 10.) Sixty-eight percent (68%) of the residents had a behavior intervention program, often requiring higher levels of staff supervision. (Id. (internal quotation omitted).) Some of the specific conditions found in the Murray population include mental illnesses, self-injurious and aggressive behaviors, elopement tendencies, seizures, autism, cerebral palsy, and pica disorder, which is characterized by an individual's efforts to ingest inedible objects. (Winkeler 30(b)(6) Decl. ¶ 21 & Ex.) These individuals often have the mentality of infants or toddlers, and they need help with the most basic functions of daily living, such as eating, toileting, bathing, and dressing. (Winkeler 30(b)(6) Decl. ¶ 21 & Ex.) Many thus require significant supervision to ensure their health and safety and, generally speaking, are extremely sensitive to any changes to their routines. (Id.)
In addition to several Murray guardians, the named Plaintiffs include, inter alia, two organizations: (1) the Murray Parents Association ("MPA"), which keeps guardians informed about and involved in events and issues concerning Murray; and (2) the Illinois League of Advocates for the Developmentally Disabled, which seeks to promote the welfare of people with developmental disabilities in the State of Illinois, particularly those living in residential placements. (Stip. ¶¶ 2-3; Winkeler 30(b)(6) Decl. ¶ 2; Burke 30(b)(6) Decl. ¶ 1.) Plaintiffs seek to represent a class comprised of developmentally disabled individuals who, at any time since January 1, 2011, currently reside or formerly resided at one of two SODCs-Murray and Jacksonville Developmental Center ("Jacksonville")-and who oppose transfer from their SODC home to a community integrated living arrangement ("CILA").2 (Compl. ¶¶ 1-4, 42-50, 58.)
Defendants include Michelle R.B. Saddler, the Secretary of the Illinois Department of Human Services ("DHS"), and Kevin Casey, the Director of the Division of Developmental Disabilities for DHS ("Division"), both of whom have been sued in their official capacities. Plaintiffs also sued Community Resource Alliance ("CR Alliance"), an organization owned and operated by Dr. Michael Mayer. (Stip. ¶¶ 4-6.) Community Resource Associates ("CR Associates"), owned and operated by Derrick Dufresne, has a contract to provide services for DHS but is not a party. (Id. ¶ 7.)
2 Plaintiffs have not moved for class certification.