Supreme Court Decision Game Changing for Nursing Home Rights

At KBD Attorneys, we fight every day to protect nursing home residents from abuse, neglect, and systemic failures. The United States Supreme Court expanded the ability of nursing victims to recover with its decision in the case of Marion County v. Talevski. On June 8, 2023, the Court ruled in Health and Hospital Corporation of Marion County v. Talevski that residents in publicly-owned nursing homes can sue under 42 U.S.C. §1983 when their rights under the Federal Nursing Home Reform Act (FNHRA) are violated.

This is a landmark win for nursing home residents and their families. It means that when a facility ignores your loved one’s rights — whether by using chemical restraints, executing improper discharges, or providing substandard care — you may have a direct federal legal path to justice. At KBD Attorneys, we are proud to stand with families like the Talevskis and to continue fighting for accountability in long-term care.

Nursing Home Abuse Is a National Crisis

Nursing home abuse and neglect are not rare occurrences. They are widespread and devastating. Every year, thousands of families experience the heartbreak of watching a loved one suffer in a facility that was supposed to care for them. Abuse takes many forms: bed sores from untreated pressure injuries, overmedication, verbal and emotional mistreatment, physical assault, or involuntary isolation. Neglect can be just as harmful, including dehydration, malnutrition, poor hygiene, and preventable injuries from falls.

The elderly and those with disabilities are among our most vulnerable populations. When their safety and dignity are compromised by the very institutions entrusted with their care, it is not just a personal tragedy — it is a societal failure.

Abuse in nursing homes is especially troubling because victims often cannot advocate for themselves. Cognitive decline, mobility issues, and fear of retaliation make it difficult for residents to report mistreatment. That’s why it’s essential that family members, advocates, and attorneys step in and speak out.

The Talevski Case: What Happened and Why It Matters

In Talevski, the plaintiff was Gorgi Talevski, a man with dementia who had been placed in a publicly-owned nursing facility operated by the Health and Hospital Corporation of Marion County, Indiana. When Mr. Talevski entered the facility, he could walk, eat, speak, and recognize family. Soon after, his condition drastically declined.

The facility claimed it was due to dementia progression. But outside doctors confirmed he had been chemically restrained with a cocktail of six psychotropic drugs. After the medications were reduced, he began to improve. The family filed a complaint, and the facility retaliated by transferring him to another location 90 minutes away, repeatedly, and without consent. An administrative law judge ordered his return, but the facility ignored it.

Mr. Talevski filed a lawsuit under §1983, which allows individuals to sue for violations of federal rights committed under color of state law. The facility argued that federal law didn’t allow residents to enforce rights under FNHRA through §1983. The case made its way to the Supreme Court, which firmly rejected that argument.

Justice Ketanji Brown Jackson, writing for the 7-2 majority, emphasized that §1983 was designed to empower individuals to enforce their rights — and that the Nursing Home Reform Act unambiguously secures such rights. The Court found that residents in public facilities can indeed sue for violations like improper discharge or unnecessary restraints.

Why This Decision Is So Important

This ruling reaffirms the principle that rights mean something only if they can be enforced. Before Talevski, many families were left without recourse when government-run nursing homes failed their loved ones. With this decision, families now have a federal civil rights pathway to hold these facilities accountable.

Even more critically, it sets a precedent that nursing home residents have enforceable rights — not just passive entitlements but real protections backed by the law. This is a message to all nursing home operators: no one is above accountability.

KBD Attorneys: Leading the Fight for Nursing Home Justice

At KBD Attorneys, we have seen the pain nursing home abuse causes — and we have taken action. Our team of experienced attorneys has been deeply involved in cases of nursing home neglect and abuse, including:

• Bed sore and pressure injury litigation
• Chemical restraint claims
• Wrongful death lawsuits
• Cases involving involuntary transfers or discharges
• Failure to monitor or provide adequate medical care

We don’t just take on these cases. We also raise public awareness. We write, speak, and advocate for policy changes that make nursing homes safer. And now, with the Talevski decision, we have a stronger legal framework to protect families.

This decision aligns perfectly with our mission: to use every available tool to seek justice for the vulnerable. We stand ready to help families determine if they have a claim under §1983 or other legal avenues. Whether your loved one is in a private or public facility, we will not stop fighting for their dignity and safety.

What You Can Do If You Suspect Nursing Home Abuse

If you believe your loved one is being mistreated in a nursing home, act quickly. Here are steps to take:

1. Document everything – photos, medical records, and written notes.
2. Report the issue to your state’s health department or ombudsman.
3. Seek medical evaluation from an outside physician.
4. Contact a nursing home abuse attorney.

At KBD Attorneys, we offer free, confidential consultations. Our team will review your case and explain your rights. If your loved one was harmed in a publicly-owned facility, we will evaluate whether a §1983 claim is available.

Final Thoughts

The 2023 Talevski ruling is a game-changer. It sends a clear message: nursing home residents in public facilities are not invisible. Their rights matter. Their voices count.

But a court ruling is just one step. We must continue to shine a light on the abuse and neglect that persist in too many long-term care settings. At KBD Attorneys, we are committed to doing exactly that — fighting in courtrooms, educating the public, and giving families the tools they need to demand better care.

If you or someone you love has experienced nursing home abuse, contact us. We’re here to help.

KBD Attorneys
Justice for the Vulnerable. Power for the People.