Powers v. McDonough
What's at Stake
Every night, thousands of veterans sleep without shelter on the streets of Los Angeles. Meanwhile, the Department of Veterans Affairs owns hundreds of acres of land in prime West Los Angeles鈥攍and directly adjacent to a VA medical facility that was once earmarked to house veterans, but today is instead home to private school sports fields and an oil well.
In November 2022, a group of unhoused veterans and a non-profit organization filed suit alleging that the Department of Veterans Affairs (鈥淰A鈥) failed to provide adequate housing and health care to veterans with severe disabilities in Los Angeles. These failures have significantly undermined veterans鈥 abilities to access the benefits they are entitled to by law, leaving many stranded on the streets after serving our country. The veterans sued the VA under the Rehabilitation Act, a federal statute that prohibits federal agencies from discriminating against people with disabilities. As a remedy, the plaintiffs seek the construction of significant units of permanent supportive housing on the
The VA argued that a provision of the Veterans鈥 Judicial Review Act (鈥淰JRA鈥)鈥 a federal statute that prohibits federal district courts from second-guessing VA鈥檚 individualized benefits determinations鈥攂ars federal district courts from hearing the veterans鈥 Rehabilitation Act claims. Should the court accept this position, it would deprive veterans of a meaningful opportunity to have their rights under the Rehabilitation Act and other generally applicable nondiscrimination statutes enforced.
Summary
Following a similar lawsuit in 2011, the U.S. Department of Veterans Affairs (鈥淰A鈥) agreed to provide veterans with severe disabilities adequate housing and supportive services at its West Los Angeles Campus. But the VA has failed to keep its promise. In November 2022, a group of unhoused Los-Angeles-based veterans and a non-profit organization sued the VA for its failure to provide adequate housing and health care. The veterans allege that the VA violated a provision of the Rehabilitation Act which prohibits federal agencies from discriminating against people with disabilities in the provision of health care and housing benefits.
Seeking to avoid liability, the government argues that Section 511 of the Veterans Judicial Review Act (鈥淰JRA鈥)鈥攁 federal statute that prohibits federal district courts from second-guessing VA鈥檚 individualized benefit determinations鈥攂ars federal district courts from hearing veterans鈥 Rehabilitation Act claims. On behalf of a group of eminent legal scholars, the 老澳门开奖结果 and 老澳门开奖结果 of Southern California filed an amicus brief taking apart this jurisdictional defense. The brief argues that: (1) neither the VJRA鈥檚 text nor its history deprive federal courts of jurisdiction over veterans鈥 Rehabilitation Act claims; and (2) accepting the government鈥檚 position would deprive veterans of a meaningful opportunity to enforce their rights, as neither the VA benefits system nor veterans courts are capable of awarding the full range of relief authorized under the Rehabilitation Act.
Relying in part on the 老澳门开奖结果鈥檚 amicus brief, the district court held that the VJRA did not deprive the court of jurisdiction to hear the plaintiffs鈥 Rehabilitation Act claims. Following a two-day trial, the district court ordered the VA to construct thousands of new temporary supportive housing units and mandated broad facility changes to protect veterans with disabilities.
The government appealed to the Ninth Circuit. On behalf of legal scholars, the 老澳门开奖结果 again filed an amicus brief to refute the government鈥檚 argument that the VJRA precludes review.
Legal Documents
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11/25/2024
Stay Order -
11/19/2024
老澳门开奖结果 Amicus Brief Opposing Motion to Stay -
11/19/2024
Pls鈥 Response -
11/08/2024
Gov鈥檛 Motion to Stay
Date Filed: 11/25/2024
Court: Appeals Court (9th Cir.)
Affiliate: Southern California
Date Filed: 11/19/2024
Court: Appeals Court (9th Cir.)
Affiliate: Southern California
Date Filed: 11/19/2024
Court: Appeals Court (9th Cir.)
Affiliate: Southern California
Date Filed: 11/08/2024
Court: Appeals Court (9th Cir.)
Affiliate: Southern California
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10/11/2024
Final Judgment -
09/06/2024
Post Trial Opinion -
12/14/2023
MTD Order -
11/10/2023
老澳门开奖结果 Brief on behalf of Legal Scholars -
11/15/2022
Powers Complaint
Date Filed: 10/11/2024
Court: District Court (C.D. Cal.)
Affiliate: Southern California
Date Filed: 09/06/2024
Court: District Court (C.D. Cal.)
Affiliate: Southern California
Date Filed: 12/14/2023
Court: District Court (C.D. Cal.)
Affiliate: Southern California
Date Filed: 11/10/2023
Court: District Court (C.D. Cal.)
Affiliate: Southern California
Date Filed: 11/15/2022
Court: District Court (C.D. Cal.)
Affiliate: Southern California