article: On June 8, 2011, several veterans, on behalf of all homeless veterans suffering from disabilities caused by their military service, filed a lawsuit in the United States District Court for the Central District of California against the Department of Veterans' Affairs alleging violations of state law and Section 504 of the Rehabilitation Act. The plaintiffs, represented by public interest and private counsel, asked the court for an injunction requiring the defendants to provide the plaintiff class with permanent supportive housing that accommodates their disabilities so that they can access the VHA benefits for which they are eligible. They also requested that the court enjoin defendants from using the West Los Angeles Medical Center & Community Living Center campus (WLA Campus) for any purpose that is not directly related to housing veterans with disabilities and to require an accounting of profits of all money received for land use agreements for the WLA campus. The plaintiffs asked the court to declare that the design and implementation of the VHA benefits program was discriminatory and that plaintiffs were being denied meaningful access to benefits by defendants because of their disabilities. Specifically, the plaintiff claimed that the WLA campus was intended, under the grant that established it, to provide housing and services for veterans with disabilities. By entering into land use agreements with commercial and non-DVA entities, defendants violated the grant, which plaintiffs argued was a charitable trust. Additionally, plaintiffs alleged that there was never a public accounting of the transactions. Plaintiffs claimed that this lack of housing prevented the plaintiffs from meaningfully accessing the veterans' benefits to which they were entitled. An amended complaint filed Aug. 12, 2011 added claims under the Administrative Procedure Act (5 U.S.C. §§ 551 et seq.). On Mar. 16, 2012, the court (Judge S. James Otero) dismissed in part the plaintiff's claims. 860 F. Supp. 2d 1079. After the Ninth Circuit vacated <i>Veterans for Common Sense v. Shinseki</i>, 644 F.3d 845, on which the court had relied, it reconsidered the Mar. 16 ruling. Eventually, the en banc Ninth Circuit issued <i>Veterans for Common Sense v. Shinseki</i>, 678 F.3d 1013. Based on that decision, the court found that it lacked jurisdiction over the plaintiffs' Rehabilitation Act claims because resolving the claims would require the court to second-guess the government's determination about what benefits specific veterans were entitled to. But the court let the plaintiffs' Administrative Procedure Act claims proceed because they did not turn on questions about specific veterans' benefits. 2012 WL 12882704. Mediation was attempted during the course of proceedings, but it proved unsuccessful. Following the mediation, both parties moved for summary judgment. On Aug. 29, 2013, the court entered judgment in favor of the plaintiff, declaring the land use agreements that defendant had with non-healthcare organizations were unauthorized by law and therefore void. 2013 WL 12121981. The defendants moved to vacate the judgment, which was denied on Oct. 21, 2013, and then appealed to the Ninth Circuit on Oct. 24. Meanwhile, the parties continued to attempt to find resolution outside of the courtroom, and filed notice of their decision to end litigation on Jan. 28, 2015. The parties stated that they would work together to create a strategy and action plan for veteran homelessness in Greater LA. The final plan was to address chronic homelessness through evidence-based methods and with input from all stakeholders. The VA would address various issues related to creating a plan for the WLA Campus, including bridge housing, permanent supportive housing, and land use agreements. On Feb. 17, 2015, pursuant to a joint motion to vacate, the Ninth Circuit vacated the district court's judgment. The parties filed joint stipulation to dismiss the case on Mar. 26, 2015. The Clearinghouse does not know whether the parties agreed to a final plan after the case was dismissed or what changes, if any, occurred at the WLA Campus because of this suit.
summary: On June 8, 2011, several veterans, on behalf of all homeless veterans suffering from disabilities caused by their military service, filed a lawsuit against the Department of Veterans' Affairs for misuse of the WLA campus which prevented them from meaningfully accessing the veterans' benefits to which they are entitled.On August 29, 2013, the District Court (Judge S. James Otero) entered judgment in favor of the plaintiff, declaring the land use agreements that defendant had with non-healthcare organizations were unauthorized by law and therefore void. On August 29, 2013, the District Court (Judge Otero) entered judgment in favor of the plaintiff, declaring the land use agreements that defendant had with non-healthcare organizations were unauthorized by law and therefore void. The case is currently on appeal to the Ninth Circuit Court of Appeals.