By Ben Solis
Gongwer News Service
A lawsuit brought by a man with disabilities against the Department of Health and Human Services and Director Elizabeth Hertel was dismissed Wednesday by a Court of Claims judge.
Court of Claims Chief Judge Brock Swartzle issued an order of dismissal on Wednesday for Kile v. Hertel (COC Docket No. 25-000002) because the plaintiff did not respond to a show cause order anticipating dismissal. Swartzle asked the plaintiff to explain why the matter should not be dismissed for lack of a verified claim or notice of intention to file the lawsuit as required by the Court of Claims Act.
Kile was dismissed without reaching the merits of the complaint.
The lawsuit alleged that the plaintiff and others like him have faced “cruel and unusual punishment, discrimination and psychological torment due to the state’s inadequate care and systemic mistreatment of those with disabilities.”
Kile did not list an immediate or clear-cut demand for relief, like a monetary damages amount, nor does the lawsuit outline how the state could improve its care or support for disabled residents.
The lawsuit did allege a litany of complaints about the state’s inability to provide resources that could advance the lives of people with disabilities. That includes the denial of essential services and hostile environments for those seeking assistance.
The plaintiff said the alleged negligence and mistreatment of disabled citizens went beyond “a simple lack of care.”
Hertel and DHHS had not responded to the complaint before Swartzle ordered the plaintiff to show cause and days later dismissed the lawsuit.
It was one of the first lawsuits filed against a state department in the Court of Claims in 2025.
Gongwer News Service
A lawsuit brought by a man with disabilities against the Department of Health and Human Services and Director Elizabeth Hertel was dismissed Wednesday by a Court of Claims judge.
Court of Claims Chief Judge Brock Swartzle issued an order of dismissal on Wednesday for Kile v. Hertel (COC Docket No. 25-000002) because the plaintiff did not respond to a show cause order anticipating dismissal. Swartzle asked the plaintiff to explain why the matter should not be dismissed for lack of a verified claim or notice of intention to file the lawsuit as required by the Court of Claims Act.
Kile was dismissed without reaching the merits of the complaint.
The lawsuit alleged that the plaintiff and others like him have faced “cruel and unusual punishment, discrimination and psychological torment due to the state’s inadequate care and systemic mistreatment of those with disabilities.”
Kile did not list an immediate or clear-cut demand for relief, like a monetary damages amount, nor does the lawsuit outline how the state could improve its care or support for disabled residents.
The lawsuit did allege a litany of complaints about the state’s inability to provide resources that could advance the lives of people with disabilities. That includes the denial of essential services and hostile environments for those seeking assistance.
The plaintiff said the alleged negligence and mistreatment of disabled citizens went beyond “a simple lack of care.”
Hertel and DHHS had not responded to the complaint before Swartzle ordered the plaintiff to show cause and days later dismissed the lawsuit.
It was one of the first lawsuits filed against a state department in the Court of Claims in 2025.
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