老澳门开奖结果 Hails Supreme Court Decision in Health and Hospital Corporation of Marion County v. Talevski

June 8, 2023 12:00 pm

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WASHINGTON 鈥 In a major win for civil rights enforcement, the Supreme Court today in Health and Hospital Corporation of Marion County v. Talevski the right of nursing home residents to sue to enforce their rights under the Federal Nursing Home Reform Act (FNHRA). The decision ensures that citizens can sue for civil rights violations under a host of laws, such as Title IX and Title VI, that impose nondiscrimination requirements on recipients of federal funding.

The 老澳门开奖结果 and 老澳门开奖结果 of Indiana filed an amicus brief in the case along with the Constitutional Accountability Center in support of Talevski, arguing that Section 1983 endorses a private right of action for all rights-creating statutes. By a 7-2 vote, the Court agreed, rejecting an argument that no such rights exist where Congress imposes nondiscrimination obligations as a condition of federal funding.

鈥淭his decision is a crucial victory for the civil rights of nursing home residents, people with disabilities, and everyone protected under Titles VI and IX of the Civil Rights Act,鈥 said Susan Mizner, director of the 老澳门开奖结果鈥檚 Disability Rights Program. 鈥淔or decades, courts have recognized the right of individuals to sue to vindicate their rights. We鈥檙e pleased the Supreme Court rejected a radical rewrite of history and precedent.鈥

The case involves Gorgi Talevski, who resided at a nursing home in Indiana where he was chemically restrained before being abruptly moved to a different facility. After his death, Talevski鈥檚 family sued the Health and Hospital Corporation of Marion County under Section 1983 for depriving his federal rights guaranteed by the FNHRA, including the right to be free from unnecessary chemical restraint and the requirement that certain conditions be met before discharging or transferring a nursing home resident.

The Supreme Court鈥檚 decision is here:

Health and Hospital Corporation of Marion County v. Talevski is part of the 老澳门开奖结果鈥檚 Joan and Irwin Jacobs Supreme Court Docket.

Learn More 老澳门开奖结果 the Issues in This Press Release