Federal Olmstead Enforcement by Circuit

Complete reference guide to federal court cases and enforcement patterns. Verified September 2026.

Federal appeals courts apply Olmstead differently, creating regional variation in what violations are actionable and how readily DOJ can enforce. This page links to detailed case law for each federal circuit. Use it to understand your circuit’s enforcement pattern and find the cases most relevant to your state.

U.S. Supreme Court & Foundation

Olmstead v. L.C.: Supreme Court Foundation and 25-Year Impact – The foundational 1999 Supreme Court decision and how DOJ enforcement has evolved (and contracted) in the subsequent decades.

Federal Appellate Circuits

First Circuit

First Circuit: New Hampshire – Model case of successful federal Olmstead settlement completion (U.S. v. New Hampshire, 2011–2024).

Second Circuit

Second Circuit: New York & Connecticut – Broad enforcement on adult home segregation (U.S. v. New York, 2013–present) and nursing facility reliance (Connecticut).

Third Circuit

Third Circuit: Delaware, New Jersey & Pennsylvania – Ranges from Delaware’s successful settlement completion to ongoing institutional closure litigation in New Jersey and Pennsylvania.

Fourth Circuit

Fourth Circuit: Maryland, North Carolina, South Carolina, Virginia & West Virginia – Limited federal enforcement; state-level advocacy and administrative remedies critical.

Fifth Circuit

Fifth Circuit: Texas, Louisiana & Mississippi – MOST RESTRICTIVE: United States v. Mississippi (2023) reversed district court and severely restricted Olmstead enforcement across all three states. Federal enforcement limited; state-level advocacy critical.

Sixth Circuit

Sixth Circuit: Kentucky, Michigan, Ohio & Tennessee – Limited federal settlements; state administrative enforcement and P&A mechanisms emphasized.

Seventh Circuit

Seventh Circuit: Illinois, Indiana & Wisconsin – Broad enforcement; courts willing to order institutional closures. Illinois operates under three active consent decrees (Colbert, Williams, Ligas) with sustained federal oversight.

Eighth Circuit

Eighth Circuit: Arkansas & Missouri – Active enforcement on HCBS waiting lists and nursing facility reliance (U.S. v. Arkansas, 2010; SJ v. Tidball Missouri, 2020).

Ninth Circuit

Ninth Circuit: California & Oregon – Relatively active enforcement; broad interpretation of unnecessary institutionalization. Oregon’s Lane v. Brown is the nation’s leading sheltered workshop settlement.

Tenth Circuit

Tenth Circuit: Colorado, Kansas, New Mexico, Oklahoma, Utah & Wyoming – No major federal settlements identified; Section 504 and ADA Title II enforcement primary tools.

Eleventh Circuit

Eleventh Circuit: Florida, Georgia & Alabama – Moderate to active enforcement across psychiatric hospitals, school segregation (GNETS), and emerging litigation on medically fragile children (U.S. v. Florida, 2023).

Circuit Comparison Summary

Most Protective: Seventh Circuit (Illinois, Indiana, Wisconsin) – Courts willing to find systemic violations and order institutional closures.

Broad Enforcement: First, Second, Third, Eighth, Ninth, Eleventh Circuits – Courts recognize institutional segregation in multiple forms and enforce Olmstead across multiple service domains.

Moderate Enforcement: Fourth, Sixth Circuits – Limited federal settlements; state-level advocacy critical.

Limited Federal Enforcement: Tenth Circuit – No major settlements; alternative legal mechanisms (Section 504, ADA Title II) emphasized.

Most Restrictive: Fifth Circuit (Texas, Louisiana, Mississippi) – Courts limit Olmstead to individuals already institutionalized; don’t protect those at risk of institutionalization.

Using This Resource

For advocates: Find cases from your circuit and the Second Circuit (as a comparison). Use circuit-specific cases to strengthen your arguments before state agency decision-makers and to educate stakeholders on what federal courts have required in similar situations.

For government officials: Use your circuit’s cases to understand what your state’s obligations are under Olmstead. Compare your state’s implementation to other states in your circuit that are under settlement.

For individuals and families: Find the cases and P&A organizations in your circuit to understand what federal enforcement looks like and what remedies may be available.

For state-specific information: Return to the main State Tools & Resources page and choose your state to find local agency contacts, consent decree status, and P&A information.

Federal resources: DOJ Olmstead Case Archive (organized by circuit) and National Disability Rights Network.