ALBUQUERQUE, N.M. (AP) — It will be up to a federal judge to determine whether New Mexico is doing enough to meet obligations spelled out as part of a costly decades-long legal battle over the institutionalization of people with developmental disabilities.
The 10th U.S. Circuit Court of Appeal on Tuesday ordered the case back to district court to determine whether the state is complying with federal law.
The appeals court said it also will be up to the lower court to determine whether changes implemented over the years will last and if federal oversight can end.
The case stems from a class-action lawsuit filed 30 years ago that alleged civil rights violations on behalf of developmentally disabled residents at two state-supported institutions.
Court records show the state has spent more than $50 million related to the litigation in the last decade.