Class action lawsuit filed against St. Joseph County on behalf of Portage Manor residents

ST. JOSEPH COUNTY, Ind. - A class action lawsuit was filed against St. Joseph County and some county leaders on behalf of Portage Manor residents to keep the county from shutting down the healthcare facility, according to court documents.

The lawsuit was specifically filed against Board of Commissioners President Carl Baxmeyer and County Council President Mark Root. St. Joseph County was also named a defendant.

Residents are suing the county for how governing bodies are handling the closure of the building.

On June 6, the St. Joseph County Board of Commissioners approved a resolution to close Portage Manor in a 2-1 vote.

On June 13, the St. Joseph County Council approved commissioners’ decision in a 5-4 vote.

A press release was originally sent on February 7 announcing the facility’s closure.

The lawsuit states the county and county leaders violated a number of residents’ rights, including Article 1 Sections 12 and 23 of the Indiana Constitution and Indiana common law, by closing Portage Manor and requiring residents to move to “unknown facilities in unknown locations” (page 2).

Plaintiffs also cite discrimination by the county, as referenced in Title II of the ADA, Section 504 of the Rehabilitation Act, the Federal Nursing Home Reform Act, and the Fourteenth Amendment of the U.S. Constitution.

Residents fear the places county leaders have intended to move residents to do not have the care capacity to properly look after residents’ needs, according to the lawsuit.

One resident, named as a plaintiff in the lawsuit, has 21 diagnoses, including Asperger’s syndrome and bipolar disorder.

Residents claim Portage Manor provides two essential services to residents and families:

• Medication management, which includes the secure storage and proper administration of medicine
• 24/7 nursing/QMA staff, which the lawsuit claims many Residential Care Assistance Program facilities don’t offer

For context, the Residential Care Assistance Program (RCAP) provides financial help to residents who can’t live in their homes because of age, mental illness or physical disability but don’t need the level of care offered in a nursing home. A subset of those with a mental disability are not supported by any other program besides RCAP. Portage Manor is an RCAP provider.

Plaintiffs claim Commissioner Baxmeyer and Council President Root acted intentionally, knowing their actions were illegal and are choosing to close the building solely based on the residents’ disabilities (pages 14-16).

They also claim the board of commissioners approved the closure of the building without telling residents and their families where they would end up after the closure.

On June 14, commissioners said the facility will close on July 31, as approved by the Indiana Department of Health. They also said, however, that the closing date will be extended until appropriate housing is found for all residents.

Plaintiffs in this lawsuit require a trial by jury where applicable.

Click here to read more of our Portage Manor coverage.

Read the full lawsuit below: