Filed Date: Jan. 12, 1999
Closed Date: Aug. 14, 2009
Clearinghouse coding complete
On January 12, 1999 a group of developmentally disabled individuals and two advocacy organizations filed suit against Western State Hospital, the state of Washington, the Office of Financial Management of the State of Washington, the State of Washington Department of Social & Health Services, and the Division of Developmental Disability and Mental Health Division within the State of Washington Department of Social & Health Services in the United States District Court for the Western District of Washington. They alleged the defendants had violated the First and Fourteenth Amendments, the Americans with Disabilities Act, and the Rehabilitation Act. They claimed that the defendants provided developmentally disabled patients with inadequate treatment, habilitation, protection from harm, and care both at Western State Hospital and in the community. They sought declaratory and injunctive relief.
On May 17, 1999 the court (Judge Robert J. Bryan) certified a class consisting of developmentally disabled individuals residing at Western State Hospital, who had been discharged to community-based treatment programs, or who were in danger of being admitted to Western State Hospital. The parties thereafter engaged in negotiations and the court (Judge Bryan) entered an agreed order to stay proceedings subject to certain conditions on December 2, 1999. The agreement required the defendants to institute a three phase plan that would increase training, institute more programs, prevent institutionalization when possible, develop individual plans, work to discharge patients, and develop more and better community treatment options. It also required the defendants to evaluate patients discharged into the community to ensure they were receiving adequate care and to institute monitoring.
When the monitoring instituted by the first settlement ceased in the spring of 2005 the parties resumed settlement negotiations. This resulted in two additional settlement agreements. The court (Judge Ronald B. Leighton) approved the first of these on February 15, 2006. It provided for improvements to care at Western State Hospital consisting of better staffing and training, better security for patients, proper placement of patients, individualized assessments, more community integration, and monitoring and reporting. The second of these settlements was approved by the court (Judge Leighton) on April 6, 2007. It addressed additional quality assurance measures including internal oversight, external oversight, and procedures for handling reports of incidents. The case was dismissed by the court (Judge Leighton) after a joint motion by the parties on August 14, 2009.
Summary Authors
Michael Perry (3/27/2011)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4772424/parties/allen-v-western-state-hosp/
Arnold, J. Kelley (Washington)
Bryan, Robert Jensen (Washington)
Burgess, Franklin D. (Washington)
Carlson, David R. (Washington)
Black, Kevin Roger (Washington)
See docket on RECAP: https://www.courtlistener.com/docket/4772424/allen-v-western-state-hosp/
Last updated Dec. 18, 2024, 7:11 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Washington
Case Type(s):
Public Benefits/Government Services
Special Collection(s):
Key Dates
Filing Date: Jan. 12, 1999
Closing Date: Aug. 14, 2009
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Developmentally disabled individuals residing at Western State Hospital or who had or were in danger or being placed in the facility and two advocacy organizations.
Plaintiff Type(s):
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Western State Hospital (Lakewood, Pierce), State
State of Washington (Olympia, Thurston), State
State of Washington Department of Social & Health Services (Olympia, Thurston), State
State of Washington Department of Social & Health Services (Olympia, Thurston), State
State of Washington Department of Social & Health Services (Olympia, Thurston), State
Office of Financial Management of the State of Washington (Olympia, Thurston), State
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Issues
Benefits (Source):