Valentini v. Shinseki

  • Filed: 06/07/2011
  • Status: Won
  • Court: United States District Court for the Central District of California
  • Latest Update: Apr 19, 2005
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Valentini v Shinseki is a class action lawsuit against Department of Veterans Affairs Secretary Eric Shinseki and the director of the VA Greater Los Angeles Healthcare System on behalf of homeless veterans with severe disabilities. The suit contends that the VA’s benefits program discriminates against veterans who are homeless as a result of their severe mental disabilities, because they cannot access the medical, mental health and other services to which they are entitled.

A robust body of research has established that homeless individuals with severe mental disabilities cannot access necessary medical and mental services without stable living conditions combined with supportive treatment services. Although the VA has recognized the importance of such supportive housing for seriously disabled homeless veterans, it has refused to offer them to Plaintiffs and other disabled veterans in Los Angeles and around the country.

The suit also challenges the misuse of the 387-acre West LA VA campus, which was deeded to the United States in 1888 for the specific purpose of providing a home for disabled veterans, which it did for nearly 80 years, but which now is leased out to private companies, such as a rental car business and Sodexho Marriott for a laundry facility. The VA has not publicly disclosed how much it is being paid for these private deals or where the money from them is going.

Case Developments

UPDATE: January 28, 2015
VA Secretary Robert McDonald and attorneys representing homeless veterans in Los Angeles announced an agreement to lead the launch of a new master plan for West Los Angeles VA Campus to serve veterans in need. Read the agreement.

RULING: October 21, 2013
The Court denies the Regents of the University of California and the Brentwood School's motion to challenge its previous ruling. Read the order.

RULING: August 29, 2013
The Court ruled that the VA violated federal law when it leased portions of its sprawling West L.A. campus to 11 businesses and organizations for purposes unrelated to providing medical care or treatment for homeless and disabled veterans. Read the judgment.

RULING: March 16, 2012
The Court denied the Government’s motion to dismiss the case, finding that we had stated a valid claim of disability discrimination and a valid claim that the private commercial land deals violate the statutes governing use of the VA land. Read the ruling.

UPDATE: August 12, 2011
Complaint was amended to include additional plaintiffs and a claim that the misuse of the land violates statutes governing the use of the campus. Read the complaint.

FILING: June 8, 2011
ACLU SoCal filed a lawsuit against VA Secretary Eric Shinseki and the director of the VA Greater Los Angeles Healthcare System on behalf of homeless veterans with severe disabilities. Read more about the suit.

Case Number:
CV1104046
Judge:
Hon. S. James Otero
Pro Bono Firm:
Laurence H. Tribe, Harvard Law School; Gary Blasi, UCLA School of Law, Inner City Law Center; Munger, Tolles & Olson LLP; Arnold & Porter LLP

A Salute to the Flag -- and Free Speech

Today -- June 14 -- is Flag Day.  The flag is a powerful symbol to many people, both in and of itself and how it's displayed.

By ACLU Southern California

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Tactical Retreat by the VA?

This week’s Time magazine cover shows five young American veterans: one is a published author, another is a Rhodes scholar.  Notably absent from the cover is any one of the 8,000 American homeless veterans living on the streets of Los Angeles today.

By David Sapp

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What Veterans Deserve

“I wish sometimes that I had died in Iraq. So that my life would have meant something.” Robert Rissman is a 22-year old Iraq combat veteran who returned from Iraq with undiagnosed PTSD. As Robert struggled to cope with his disability, he became one of 8,000 homeless veterans living on the streets of Los Angeles.

By David Sapp

Veterans' Attorneys Respond to VA Master Plan

The following statement is attributed to Mark Rosenbaum and David Sapp of the ACLU of Southern California, Harvard Law Professor Laurence Tribe, Arnold & Porter LLP, Inner City Law Center, Gary Blasi, a UCLA Law Professor and Massey & Gail LLP

By ACLU of Southern California

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8,000 homeless veterans on the streets of LA

Watch the CBS News video: Homeless veteran refuge turned into golf course - Bill Whitaker investigates why land in southern California, set aside for homeless military veterans, has been turned into a private golf course.

By ACLU of Southern California

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Resource
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Map of West Los Angeles VA Health Care Center