Case: Allen v. Western State Hospital

3:99-cv-05018 | U.S. District Court for the Western District of Washington

Filed Date: Jan. 12, 1999

Closed Date: Aug. 14, 2009

Clearinghouse coding complete

Case Summary

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…

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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4772424/parties/allen-v-western-state-hosp/


Judge(s)

Arnold, J. Kelley (Washington)

Bryan, Robert Jensen (Washington)

Burgess, Franklin D. (Washington)

Leighton, Ronald B. (Washington)

Attorneys(s) for Plaintiff

Carlson, David R. (Washington)

Denton, Robert B. (Utah)

Dorfman, Deborah A. (Washington)

Hubbard, Michele Earl (Washington)

Lord, David (Washington)

Parnass, John Hithcock (Washington)

Judge(s)

Arnold, J. Kelley (Washington)

Bryan, Robert Jensen (Washington)

Burgess, Franklin D. (Washington)

Leighton, Ronald B. (Washington)

Attorneys(s) for Plaintiff

Carlson, David R. (Washington)

Denton, Robert B. (Utah)

Dorfman, Deborah A. (Washington)

Hubbard, Michele Earl (Washington)

Lord, David (Washington)

Parnass, John Hithcock (Washington)

Smith, Michael Jay (Washington)

Stanhope, Elizabeth A. (Washington)

Attorneys(s) for Defendant

Black, Kevin Roger (Washington)

Dee, Edward Joseph (Washington)

Nelson, Eric (Washington)

Pate, S. Morgan (Washington)

Pierini, Susan L. (Washington)

Sabol, JoAnn (Washington)

Williams, Shelley Anne (Washington)

Documents in the Clearinghouse

Document

Docket

Aug. 14, 2009 Docket
38

Order Certifying Class Action

May 17, 1999 Order/Opinion
70

Agreed Order on Joint Motion to Stay Proceedings

Dec. 2, 1999 Order/Opinion
124

Order Granting the Plaintiffs' Application for Attorneys' Fees and Costs

May 25, 2000 Order/Opinion
155

Joint Motion and Memorandum for Final Approval of Partial Class Settlement

Feb. 3, 2006 Pleading / Motion / Brief
163

Order and Partial Settlement Agreement

Feb. 15, 2006 Order/Opinion
199

Order and Settlement Agreement

April 6, 2007 Order/Opinion

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4772424/allen-v-western-state-hosp/

Last updated May 20, 2022, 2:17 a.m.

ECF Number Description Date Link
180

MINUTE ORDER re Mediation Conference - 177 Settlement Conference Held on 11/29/06 - all pending issues are RESOLVED. Meetings scheduled for 2/13/07 and 2/15/07 are canceled. Signed by Judge J. Kelley Arnold. (PL, )

Feb. 9, 2007 RECAP
1

CLASS ACTION CIVIL RIGHTS COMPLAINT (Summons(es) issued) Receipt # 250201 (KM) (Entered: 01/20/1999)

Jan. 12, 1999
185

ORDER granting 181 Motion Preliminarily Approving Settlement, Directing Notice to Class Mmembers, and Scheduling Fairness Hearing. Fairness Hearing set for 4/6/2007 at 01:30 PM in B Courtroom before Hon. Ronald B. Leighton. A Joint Motion for Final Approval of the Settlement is due no later than 4/3/07. Signed by Judge Ronald B. Leighton.(DN, )

Feb. 27, 2007 RECAP
2

MOTION by plaintiff to certify class action NOTED FOR 1/29/99 (KM) (Entered: 01/20/1999)

Jan. 13, 1999
190

ORDER granting 189 Motion for Leave to File Overlength Brief, signed by Judge Ronald B. Leighton.(DN, )

April 2, 2007 RECAP
3

MEMORANDUM by plaintiff in support of motion to certify class action [2−1] (KM) (Entered: 01/20/1999)

Jan. 13, 1999
198

ORDER granting 191 Motion for Final Approval of Class Settlement Agreement by Judge Ronald B. Leighton.(JAB, )

April 6, 2007 RECAP

LODGED ORDER: re: motion to certify class action [2−1] (KM) (Entered: 01/20/1999)

Jan. 13, 1999
199

ORDER AND SETTLEMENT AGREEMENT by Judge Ronald B. Leighton. (JAB, )

April 6, 2007 RECAP
4

AFFIDAVIT OF SERVICE upon defendant Western State Hosp, defendant Patricia Terry, defendant Washington State of, defendant Gary Locke, defendant DSHS WA State of, defendant Lyle Quasim, defendant Div Devel Disability, defendant Timothy Brown, defendant WA Mental Health Div, defendant Jann Hoppler, defendant Office of Financial, defendant Richard Thompson of summons/complaint on 1/13/99 (KM) (Entered: 01/20/1999)

Jan. 13, 1999
5

STIPULATED NOTICE that the following is RENOTED FOR 2/26/99 plas' motion to certify class action (TW) (Entered: 01/22/1999)

Jan. 21, 1999
7

ORDER re: DISCOVERY and DEPOSITIONS by Judge Franklin D. Burgess (cc: counsel, Judge) (TW) (Entered: 01/22/1999)

Jan. 22, 1999
8

ATTORNEY APPEARANCE for defendants by Susan L Pierini, JoAnn Sabol (EC) (Entered: 02/01/1999)

Feb. 1, 1999
9

RESPONSE by defendant to pls' motion to certify class action [2−1] (EC) (Entered: 02/22/1999)

Feb. 19, 1999
10

MEMORANDUM OF AUTHORITIES by defendant in opposition to pls' motion to certify class action [2−1] (EC) (Entered: 02/22/1999)

Feb. 19, 1999
11

DECLARATION of Shirley Everard by defendant re pls' motion to certify class action [2−1] (EC) (Entered: 02/22/1999)

Feb. 19, 1999
12

DECLARATION of Timothy Brown by defendant re pls' motion to certify class action [2−1] (EC) (Entered: 02/22/1999)

Feb. 19, 1999
13

DECLARATION of Jann Hoppler by defendant re pls' motion to certify class action [2−1] (EC) (Entered: 02/22/1999)

Feb. 19, 1999
14

ANSWER to complaint [1−1] by defendants (EC) (Entered: 02/22/1999)

Feb. 19, 1999
15

MINUTE ORDER: by Judge Franklin D. Burgess Case reassigned to Judge Robert J. Bryan (cc: counsel, Judge) (EC) (Entered: 02/25/1999)

Feb. 25, 1999
16

REPLY BRIEF by plaintiff TO RESPONSE to pls' motion to certify class action [2−1] (EC) (Entered: 02/25/1999)

Feb. 25, 1999
17

APPLICATION/ORDER FOR ADMISSION to practice by Robert Denton; Receipt # 255201 (EC) (Entered: 02/25/1999)

Feb. 25, 1999
18

SUBSTITUTION OF COUNSEL on behalf of Sharon Allen, Kevin Frazier, Eric Haynes, Charles Hood, Kerri Meyer, Eugene Thompson, Jenny Whitmore, Arc of Clark Co Inc, WA Protection &Adv Robert B. Denton terminating attorney David Lord for WA Protection &Adv, attorney David Lord for Arc of Clark Co Inc, attorney David Lord for Jenny Whitmore, attorney David Lord for Eugene Thompson, attorney David Lord for Kerri Meyer, attorney David Lord for Charles Hood (EC) (Entered: 02/25/1999)

Feb. 25, 1999
19

ORDER TO SHOW CAUSE: by Judge Robert J. Bryan deadline set for 3/25/99 for parties to show why cases should or should not be consolidated (cc: counsel, Judge) (EC) (Entered: 03/10/1999)

March 10, 1999
20

ORDER RESETTING MOTION FOR CLASS CERTIFICATION AND SETTING STATUS CONFERENCE; Clerk to set date/time re: motion for class certification and OSC ddl by Judge Robert J. Bryan, (cc: counsel, Judge) (EC) (Entered: 03/11/1999)

March 11, 1999
21

MINUTE ORDER: by Judge Robert J. Bryan; status conference is 4/23/99 at 9:00; RENOTED FOR 4/23/99 OSC ddl for parties to show why/why not consolidation [0−0], RENOTED FOR 4/23/99 motion to certify class action [2−1] (cc: counsel, Judge) (EC) (Entered: 03/12/1999)

March 12, 1999
22

LETTER from counsel re: clarification of Order Resetting Motion for Class Certification and setting status conference (EC) (Entered: 03/23/1999)

March 22, 1999
23

LETTER from Judge Robert J. Bryan to counsel re: letter [22−1] (EC) (Entered: 03/23/1999)

March 22, 1999
24

STATEMENT of SUPPLEMENTAL AUTHORITY by plaintiffs (CAR) (Entered: 03/30/1999)

March 30, 1999
25

RESPONSE by Pltfs to Order to Show Cause re: Consolidation [19−1] (CAR) (Entered: 04/16/1999)

April 16, 1999
27

DECLARATION of Pat Terry by defendant re OSC ddl for parties to show why/why not consolidation [0−0] (EC) (Entered: 04/21/1999)

April 21, 1999
28

DECLARATION of Ed Hidano by defendant re OSC ddl for parties to show why/why not consolidation [0−0] (EC) (Entered: 04/21/1999)

April 21, 1999
29

AMENDED AFFIDAVIT OF SERVICE by defendant of motion response [26−1] (EC) (Entered: 04/23/1999)

April 23, 1999
30

MINUTES OF ORAL ARGUMENT ON MOTION AND STATUS CONFERENCE: RJB; Dep Clerk: J BOring; CR: J Ryen; Pla Counsel D Dorfman/M Smith/E Stanhope; Def Counsel J Sabor/S Pierini; pl's motion for consolidation is DENIED, Judge Burgess' order consolidating cases is REVOKED; oral argument submitted, Court reserves ruling on class motion; trial date to be set upon receipt of JSR; GAL appointed for pls discussed; defense to file Answer forthwith; discovery disputes shall be resolved by conference call to P Olson; appointment of mediator discussed, Court to appoint Magistrate J. Kelley Arnold as mediator; counsel to prepare joint discovery plan, Court outlines procedure for filing protective orders (EC) (Entered: 04/23/1999)

April 23, 1999
31

LETTER from RJB to cnsl re: case mgmt as opposed to ultimate remedy; (letter written &sent 3/22/99) (JAB) (Entered: 04/26/1999)

April 26, 1999
32

ORDER by Judge Robert J. Bryan this is case is REFERRED to Magistrate Judge J Kelley Arnold for mediation (cc: counsel, Judge) (CAR) (Entered: 04/27/1999)

April 26, 1999
33

MINUTE ORDER: by Judge Robert J. Bryan; Court reserves ruling on class motion; trial date will be set upon receipt of JSR; discovery disputes, if any, will be resolved by conference call to P Olson; Court directs counsel to prepare a joint discovery plan (cc: counsel, Judge) (EC) (Entered: 04/28/1999)

April 28, 1999
34

LETTER by defendant re: motion to certify class action [2−1] (EC) (Entered: 04/30/1999)

April 30, 1999
35

SUPPLEMENTAL BRIEF by plaintiff re pls' motion to certify class action [2−1] (EC) (Entered: 05/04/1999)

May 4, 1999
36

JOINT STATUS REPORT filed by all parties. Est. Trial Days: 30 Attornies: attorney for defendant, attorney for plaintiff (EC) (Entered: 05/12/1999)

May 12, 1999
37

JOINT DISCOVERY PLAN (EC) (Entered: 05/12/1999)

May 12, 1999
38

ORDER by Judge Robert J. Bryan GRANTING pls' motion to certify class action [2−1]; plaintiff class is CERTIFIED to consist of individuals w/developmental disabilities 1) who presently reside at West St Hosp, 2) who have been discharged from West St Hosp after 6/1/97 to residential habilitation ctrs or community living arrangements funded, operated or licensed by dfts and 3) who will be admitted to West St Hosp in the future (cc: counsel, Judge) (EC) (Entered: 05/18/1999)

May 17, 1999
39

TRIAL NOTICE Discovery cutoff 10/18/99 Motion filing deadline 10/28/99 Pretrial order to be submitted by 1/21/00 Pretrial conference set for 8:30 1/28/00 Trial set for 9:30 2/7/00 Trial briefs to be submitted by 1/28/00 39.1 designation effective (JKA Mediator) (cc:all counsel) (JAB) (Entered: 05/19/1999)

May 19, 1999

PROPOSED Stipulation RE: Discovery Issues (CAR) (Entered: 07/01/1999)

July 1, 1999
40

EXPERT WITNESS DISCLOSED by plaintiff (EC) (Entered: 08/18/1999)

Aug. 18, 1999

PROPOSED Stipulation and Order to extend discovery and dispositive motions ddls (EC) (Entered: 08/27/1999)

Aug. 27, 1999
41

MEMORANDUM in support re: Stipulation to extend discovery and dispositive motions ddl [0−0] (EC) (Entered: 08/27/1999)

Aug. 27, 1999
42

DECLARATION of Joann Sabol re: Stipulation to extend discovery and dispositive motions ddl [0−0] (EC) (Entered: 08/27/1999)

Aug. 27, 1999
44

DECLARATION of Michael J. Smith re: stipulation to extend discovery and dispositive motions ddl 0−0] (EC) (Entered: 08/27/1999)

Aug. 27, 1999
45

STIPULATION and ORDER by Judge Robert J. Bryan: discovery ddl extended to 11/15/99; dispositive mtn filing ddl extended to 11/18/99 (cc: counsel, Judge) (EC) (Entered: 09/01/1999)

Sept. 1, 1999
46

EXPERT WITNESS DISCLOSED by defendant (EC) (Entered: 09/01/1999)

Sept. 1, 1999
47

NOTICE by plaintiff WA Protection &Adv of ASSOCIATION OF ATTORNEY John Hitchcock Parnass, Michele Earl Hubbard (JAB) (Entered: 09/08/1999)

Sept. 7, 1999
48

CERTIFICATE of service re: attorney [47−1] (JAB) (Entered: 09/08/1999)

Sept. 8, 1999
49

DISCLOSURE OF REBUTTAL WITNESSES submitted by plaintiff (EC) (Entered: 09/17/1999)

Sept. 17, 1999
50

MEDIATION BRIEF filed by defendant (EC) (Entered: 09/24/1999)

Sept. 24, 1999
51

LETTER by plaintiff WA Protection &Adv re: objections to deposition of Collins Connor (EC) (Entered: 09/29/1999)

Sept. 29, 1999
52

LETTER by plaintiff to law clerk re: depositions (EC) (Entered: 10/05/1999)

Oct. 5, 1999
53

MOTION by plaintiff to amend and supplement complaint NOTED FOR 10/29/99 (EC) (Entered: 10/13/1999)

Oct. 12, 1999
54

MEMORANDUM by plaintiff in support of motion to amend and supplement complaint [53−1] (EC) (Entered: 10/13/1999)

Oct. 12, 1999

PROPOSED First Amended Supplemental Complaint re: motion to amend and supplement complaint [53−1] (EC) (Entered: 10/13/1999)

Oct. 12, 1999
55

DECLARATION of Deborah A. Dorfman by plaintiff re motion to amend and supplement complaint [53−1] (EC) (Entered: 10/13/1999)

Oct. 12, 1999

LODGED ORDER: re: pls' motion to amend and supplement complaint [53−1] (EC) (Entered: 10/13/1999)

Oct. 12, 1999
56

MOTION by plaintiff to shorten time on motion to amend and supplement complaint [53−1] NOTED FOR 10/15/99 (EC) (Entered: 10/13/1999)

Oct. 12, 1999

LODGED ORDER: re: motion to shorten time on motion to amend and supplement complaint [53−1] [56−1] (EC) (Entered: 10/13/1999)

Oct. 12, 1999
57

RESPONSE by defendant to motion to shorten time on motion to amend and supplement complaint [53−1] [56−1] (EC) (Entered: 10/14/1999)

Oct. 14, 1999
58

DECLARATION of Joann Sabol by defendant re pl's motion to shorten time on motion to amend and supplement complaint [53−1] [56−1] (EC) (Entered: 10/14/1999)

Oct. 14, 1999

DFTS' LODGED ORDER: re: pls' motion to shorten time on motion to amend and supplement complaint [53−1] [56−1] (EC) (Entered: 10/14/1999)

Oct. 14, 1999
59

ORDER by Judge Robert J. Bryan DENYING motion to shorten time on motion to amend and supplement complaint [53−1] [56−1] (cc: counsel, Judge) (JAB) (Entered: 10/15/1999)

Oct. 15, 1999
60

RESPONSE/MEMO OPPOSING by defendant to pl's motion to amend and supplement complaint [53−1] (EC) (Entered: 10/26/1999)

Oct. 26, 1999
61

DECLARATION of Edward Dee by defendant re pl's motion to amend and supplement complaint [53−1] (EC) (Entered: 10/26/1999)

Oct. 26, 1999
62

LETTER by defendant re: response to pl's motion to amend and supplement complaint [53−1] (EC) (Entered: 10/26/1999)

Oct. 26, 1999
64

DECLARATION of Elizabeth A. Stanhope by plaintiff re pls' motion to amend and supplement complaint [53−1] (EC) (Entered: 10/28/1999)

Oct. 28, 1999
65

MINUTES: JKA; Dep Clerk: A Swan; Tape: JKA565; Pla Counsel D Dorfman; Def Counsel E Dees; matter comes on for purposes of making record of agreement reached between the parties thus far; counsel will contact court by 11/17/99 re: status of conditions (EC) (Entered: 11/01/1999)

Oct. 29, 1999
66

STIPULATION and ORDER by Judge Robert J. Bryan Amending Pretrial Dates discovery ddl cont'd to 12/6/99; disp mtn filing ddl cont'd to 12/10/99; Disp mtns ntd by 1/7/00; lodging of pretrial order cont'd to 1/26/00. The PTC date remains 1/28/00 at 8:30 a.m., and the Trial Date remains 2/7/00 at 9:30 a.m. (cc: counsel, Judge) (CAR) (Entered: 11/02/1999)

Nov. 1, 1999
67

MINUTE ORDER: by Judge Robert J. Bryan RENOTED FOR 11/19/99 motion to amend and supplement complaint [53−1] (cc: counsel, Judge) (EC) (Entered: 11/03/1999)

Nov. 3, 1999
68

FIRST SUPPLEMENT by plaintiff re: disclosure of expert witnesses [40−1] (EC) (Entered: 11/12/1999)

Nov. 12, 1999
69

JOINT MOTION to stay proceedings (CAR) (Entered: 12/02/1999)

Dec. 2, 1999

LODGED ORDER re: motion to stay proceedings [69−1] (CAR) (Entered: 12/02/1999)

Dec. 2, 1999
70

ORDER by Judge Robert J. Bryan GRANTING motion to stay proceedings [69−1] **SEE ORDER FOR DETAILS** CASE STAYED. (cc: counsel, Judge) (CAR) (Entered: 12/02/1999)

Dec. 2, 1999
71

LETTER from Magistrate Judge J. Kelley Arnold to counsel re: continuing mediation process (EC) (Entered: 01/14/2000)

Jan. 14, 2000
72

MOTION by plaintiff for attorney fees and expenses NOTED FOR 2/25/00 (EC) (Entered: 02/10/2000)

Feb. 10, 2000
73

MEMORANDUM by plaintiff in support of pls' motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000
74

DECLARATION of John Parnass by plaintiff re motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000
75

DECLARATION of Michele Earl−Hubbard by plaintiff re motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000
76

DECLARATION of Mark G. Stroh by plaintiff re motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000
77

DECLARATION of Deborah A. Dorfman by plaintiff re motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000
78

DECLARATION of Elizabeth A. Stanhope by plaintiff re motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000
79

DECLARATION of Stacie B. Siebrecht by plaintiff re motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000
80

DECLARATION of Michael J. Smith by plaintiff re motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000
81

DECLARATION of S. Marie Jensen by plaintiff re motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000
82

DECLARATION of David Lord by plaintiff re motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000
83

DECLARATION of Robert Denton by plaintiff re motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000
85

DECLARATION of Mark J. Murphy by plaintiff re motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000
86

DECLARATION of Ira A. Burnim by plaintiff re motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000

LODGED ORDER: re: pls' motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000

PROPOSED Application Pro Hac Vice for Stacie Siebrecht (EC) (Entered: 02/23/2000)

Feb. 23, 2000
87

APPLICATION by plaintiffs AND ORDER admitting Stacie B Siebrecht pro hac vice. Receipt # 263742 (cc: counsel, Judge) (EC) (Entered: 02/25/2000)

Feb. 25, 2000
88

ATTORNEY APPEARANCE for plaintiff by Stacie Siebrecht (EC) (Entered: 02/25/2000)

Feb. 25, 2000

PROPOSED Agreed Order to Renote Pltfs' Application for Fees &Costs (CAR) (Entered: 02/29/2000)

Feb. 29, 2000
89

ORDER by Judge Robert J. Bryan that Pltfs' application for attorney fees and expenses [72−1]. The parties shall adhere to the stips as set forth in their ltr of agreement attached hereto and incorprated into this Order by ref. (cc: counsel, Judge) (CAR) (Entered: 02/29/2000)

Feb. 29, 2000

State / Territory: Washington

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

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):

Private Plaintiff

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):

Due Process

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Benefit Source:

Medicaid