Case: Weston v. Wyoming State Training School

2:90-cv-00004 | U.S. District Court for the District of Wyoming

Filed Date: Jan. 3, 1990

Closed Date: Dec. 5, 1994

Clearinghouse coding complete

Case Summary

In 1990, prior to the passage of the Americans with Disabilities Act, a group of residents of the Wyoming State Training School, an institution that housed individuals with intellectual disabilities, brought this lawsuit. Represented by the Wyoming Protection and Advocacy System, the plaintiffs sought to remedy unconstitutional conditions and statutory violations at the institution and aimed to force Wyoming to create community living options for many of its residents.Though it predated the ADA…

In 1990, prior to the passage of the Americans with Disabilities Act, a group of residents of the Wyoming State Training School, an institution that housed individuals with intellectual disabilities, brought this lawsuit. Represented by the Wyoming Protection and Advocacy System, the plaintiffs sought to remedy unconstitutional conditions and statutory violations at the institution and aimed to force Wyoming to create community living options for many of its residents.

Though it predated the ADA (and the ADA interpretation endorsed by the Supreme Court in Olmstead v. L.C.), the lawsuit alleged numerous legal violations. The plaintiffs alleged violations of state and federal disability-focused statutes, most prominently Section 504 of the Rehabilitation Act of 1973 and Medicaid. The plaintiffs also alleged violations of the Education for All Handicapped Children Act (now the Individuals with Disabilities in Education Act) based on the institutions' failures to assess the individual needs of and provide educational services to school-age children in the institution. Finally, via 42 U.S.C. § 1983, the plaintiffs alleged that the institution and its officials violated the U.S. Constitution (including a number of Due Process-based liberty interests and Equal Protection).

The Complaint detailed an extensive set of inhumane and neglectful circumstances that led to these violations. Individuals in the Wyoming State Training School were not individually assessed or provided with sufficient habilitation, training, and treatment for their needs. Staff routinely failed to protect residents from abuse and physical injuries (including self-inflicted injuries). There was insufficient space and lack of privacy for the residents. Residents were not provided socialization, stimulation, education, therapy, or training in self-care. Staff were overwhelmed, unsupported and not provided with adequate training.

The Complaint further alleged that the plaintiffs had a right to live in the community where possible, and that the state was responsible for providing the services that would allow Training School residents to live in integrated settings.

The litigation process moved toward settlement. On April 27, 1990, the parties stipulated to the certification of the class and entered a Stipulation to Establish the Framework for Settlement. In this Stipulation, the parties laid out areas to resolve, appointed an expert committee to carry out the negotiation, made plans to provide for the immediate needs of the plaintiffs, and set ground rules for future negotiation. In July 1990, the parties entered a stipulation on the immediate needs of the plaintiffs, which included the creation of an Immediate Needs Assessment Team to engage in the necessary individualized planning for each plaintiff.

After several more months of discovery and negotiations, the parties entered a complete Settlement Agreement on March 31, 1991 to address the needs of both those residing at the institution and individuals with disabilities who would be at risk of placement in the institution without additional support services. The Agreement sought to substantially improve conditions at the Wyoming State Training School. It covered the nature of the institution, its staffing, educational opportunities, and individualized planning, with substantial monitoring and reporting requirements. The agreement also sought to increase the availability of community placement options. The parties selected a Compliance Advisory Board (CAB) composed of two experts who would both assist in carrying out the agreement and report to the court on its implementation.

The CAB continued to report to the court until the fall of 1994. During this period, a bout of litigation emerged in the case over the placement of class member Sara Kawulok. With the Kawulok issue resolved and substantial progress documented, the parties agreed to relieve the CAB of its reporting requirements in late 1994. The parties entered a permanent settlement in October 1994 and in December 1994, the court dismissed its jurisdiction over the case.

Summary Authors

Beth Kurtz (11/27/2012)

People


Judge(s)

Johnson, Alan Bond (Wyoming)

Attorneys(s) for Plaintiff

Davis, Michael K. (Wyoming)

O'Donnell, Michael (Wyoming)

Reese, Michael (West Virginia)

Thobro, Jeanne (Wyoming)

Wilde, Danny S. (Wyoming)

Attorneys(s) for Defendant

Coll, Dennis (Wyoming)

Freudenthal, Steven F. (Wyoming)

Heckert, Rowena L. (Wyoming)

Kingston, Shirley (Wyoming)

Judge(s)

Johnson, Alan Bond (Wyoming)

Attorneys(s) for Plaintiff

Davis, Michael K. (Wyoming)

O'Donnell, Michael (Wyoming)

Reese, Michael (West Virginia)

Thobro, Jeanne (Wyoming)

Wilde, Danny S. (Wyoming)

Attorneys(s) for Defendant

Coll, Dennis (Wyoming)

Freudenthal, Steven F. (Wyoming)

Heckert, Rowena L. (Wyoming)

Kingston, Shirley (Wyoming)

Meyer, Joseph B. (Wyoming)

Expert/Monitor/Master

Blanck, Peter (New York)

Kaska, Sondra B. (Ohio)

Documents in the Clearinghouse

Document

2:90-cv-00004

Docket

Dec. 30, 1996

Dec. 30, 1996

Docket
1

90-00049

Class Action Complaint

Jan. 3, 1990

Jan. 3, 1990

Complaint
28

2:90-cv-00004

Plaintiff's Motion for Class Certification

March 16, 1990

March 16, 1990

Pleading / Motion / Brief
29

2:90-cv-00004

Plaintiff's Memorandum of Law in Support of Motion for Class Certification

March 16, 1990

March 16, 1990

Pleading / Motion / Brief
39

2:90-cv-00004

Defendants' Motion in Opposition of Class Certification

April 19, 1990

April 19, 1990

Pleading / Motion / Brief
40

2:90-cv-00004

Brief in Oppostition of Class Action

April 19, 1990

April 19, 1990

Pleading / Motion / Brief
41

2:90-cv-00004

Stipulation to Establish Framework for Settlement

April 27, 1990

April 27, 1990

Pleading / Motion / Brief
42

2:90-cv-00004

Stipulation of Class Action Certification

April 27, 1990

April 27, 1990

Pleading / Motion / Brief
43

2:90-cv-00004

Order of Class Action Certification

April 30, 1990

April 30, 1990

Order/Opinion

2:90-cv-00004

Affidavits of Publication

April 30, 1990

April 30, 1990

Notice Letter

Resources

Docket

Last updated July 19, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons(es) issued) Filing fee paid − $120.00 Receipt # 273857 (dktclerk) (Entered: 10/12/1994)

Jan. 3, 1990

Jan. 3, 1990

2

ATTORNEY APPEARANCE for plaintiffs by Danny Wilde (dktclerk) (Entered: 10/12/1994)

Jan. 3, 1990

Jan. 3, 1990

3

ATTORNEY APPEARANCE for plaintiffs by Michael R O'Donnell (dktclerk) (Entered: 10/12/1994)

Jan. 3, 1990

Jan. 3, 1990

4

ATTORNEY APPEARANCE for plaintiffs by Michael H Reese (dktclerk) (Entered: 10/12/1994)

Jan. 3, 1990

Jan. 3, 1990

5

RETURN OF SERVICE of summons on Stan Smith on 1/4/90 (dktclerk) (Entered: 10/12/1994)

Jan. 8, 1990

Jan. 8, 1990

6

RETURN OF SERVICE of summons on Jack Sidi on 1/4/90 (dktclerk) (Entered: 10/12/1994)

Jan. 8, 1990

Jan. 8, 1990

7

RETURN OF SERVICE of summons on Lynn Simons as Superintendent of Public Instructions on 1/4/90 (dktclerk) (Entered: 10/12/1994)

Jan. 8, 1990

Jan. 8, 1990

8

RETURN OF SERVICE of summons on Lynn Simons as a member of the board on 1/4/90 (dktclerk) (Entered: 10/12/1994)

Jan. 8, 1990

Jan. 8, 1990

9

RETURN OF SERVICE of summons on Steven E Zimmerman on 1/4/90 (dktclerk) (Entered: 10/12/1994)

Jan. 8, 1990

Jan. 8, 1990

10

RETURN OF SERVICE of summons on WY Dept of Health and Social Services on 1/4/90 (dktclerk) (Entered: 10/12/1994)

Jan. 8, 1990

Jan. 8, 1990

11

RETURN OF SERVICE of summons on Kenneth B Heinlein on 1/4/90 (dktclerk) (Entered: 10/12/1994)

Jan. 8, 1990

Jan. 8, 1990

12

RETURN OF SERVICE of summons on Mike Sullivan on 1/4/90 (dktclerk) (Entered: 10/12/1994)

Jan. 8, 1990

Jan. 8, 1990

13

RETURN OF SERVICE of summons on Kathy Karpan on 1/4/90 (dktclerk) (Entered: 10/12/1994)

Jan. 8, 1990

Jan. 8, 1990

14

RETURN OF SERVICE of summons on K Gary Sherman on 1/4/90 (dktclerk) (Entered: 10/12/1994)

Jan. 8, 1990

Jan. 8, 1990

15

RETURN OF SERVICE of summons on Sherri Lovercheck on 1/4/90 (dktclerk) (Entered: 10/12/1994)

Jan. 8, 1990

Jan. 8, 1990

16

RETURN OF SERVICE of summons on WY Board of Charities and Reform on 1/4/90 (dktclerk) (Entered: 10/12/1994)

Jan. 8, 1990

Jan. 8, 1990

17

RETURN OF SERVICE of summons on WY State Training School on 1/8/90 (dktclerk) (Entered: 10/12/1994)

Jan. 10, 1990

Jan. 10, 1990

18

RETURN OF SERVICE of summons on Robert Clabby II on 1/8/90 (dktclerk) (Entered: 10/12/1994)

Jan. 10, 1990

Jan. 10, 1990

20

ATTORNEY APPEARANCE by Dennis M Coll, Josephine Porter and Terry Armitage as attorneys for defendants (dktclerk) (Entered: 10/12/1994)

Jan. 25, 1990

Jan. 25, 1990

21

MOTION by defendant to extend time (dktclerk) (Entered: 10/12/1994)

Jan. 25, 1990

Jan. 25, 1990

22

ORDER by Honorable Alan B. Johnson granting motion to extend time to respond until 2/23/90 [21−1] (cc: all counsel mld 1/29/90) (dktclerk) (Entered: 10/12/1994)

Jan. 29, 1990

Jan. 29, 1990

23

MOTION by defendants for order requiring plaintiff to furnish more definite statement of claim (dktclerk) (Entered: 10/12/1994)

Feb. 23, 1990

Feb. 23, 1990

24

MOTION by defendants to dismiss (dktclerk) (Entered: 10/12/1994)

Feb. 23, 1990

Feb. 23, 1990

25

MEMORANDUM of points and authorities by defendants in support of motion to dismiss [24−1] (dktclerk) (Entered: 10/12/1994)

Feb. 23, 1990

Feb. 23, 1990

26

MOTION by plaintiffs for enlargement of time (dktclerk) (Entered: 10/12/1994)

March 8, 1990

March 8, 1990

27

ORDER by Magistrate William C. Beaman granting motion for enlargement of time to respond to motion to dismiss until 3/26/90 [26−1] (cc: all counsel) (dktclerk) (Entered: 10/12/1994)

March 8, 1990

March 8, 1990

28

MOTION by plaintiff to certify class action (jg) (Entered: 10/12/1994)

March 16, 1990

March 16, 1990

29

MEMORANDUM by plaintiff in support of motion to certify class action [28−1] (jg) (Entered: 10/12/1994)

March 16, 1990

March 16, 1990

30

MOTION by plaintiff to amend complaint (jg) (Entered: 10/12/1994)

March 26, 1990

March 26, 1990

31

RESPONSE by plaintiffs to motion to dismiss [24−1] (jg) (Entered: 10/12/1994)

March 26, 1990

March 26, 1990

32

MEMORANDUM by plaintiffs in support of motion response [31−1] (jg) (Entered: 10/12/1994)

March 26, 1990

March 26, 1990

32

MOTION (PETITION) to intervene as 3d party plaintiff (A Hamburg) (jg) Modified on 10/12/1994 (Entered: 10/12/1994)

March 29, 1990

March 29, 1990

32

NOTICE setting hearing before Honorable Alan B. Johnson on the motion to certify class action [28−1] at 10:30 4/6/90 Casper (cc: all counsel) (jg) (Entered: 10/12/1994)

April 2, 1990

April 2, 1990

33

NOTICE RESETTING hearing before Honorable Alan B. Johnson on the motion to certify class action [28−1] at 8:30 4/19/90 Casper (cc: all counsel) (jg) (Entered: 10/12/1994)

April 4, 1990

April 4, 1990

34

ORDER by Honorable Alan B. Johnson setting hearing before Honorable Alan B. Johnson on all pending motions at 8:30 am on 4/19/90 in Casper (cc: all counsel) (jg) Modified on 10/13/1994 (Entered: 10/12/1994)

April 4, 1990

April 4, 1990

35

ORDER by Honorable Alan B. Johnson denying motion to intervene as 3d party plaintiff (A Hamburg) [32−1] (cc: counsel) (jg) (Entered: 10/12/1994)

April 9, 1990

April 9, 1990

36

PETITION by Albert Hamburg for writ of mandamus (jg) (Entered: 10/12/1994)

April 12, 1990

April 12, 1990

37

OPPOSITION by defendants to motion to amend complaint [30−1] (jg) (Entered: 10/12/1994)

April 12, 1990

April 12, 1990

38

ORDER by Honorable Alan B. Johnson denying petition [36−1] (cc: all counsel) (jg) Modified on 10/12/1994 (Entered: 10/12/1994)

April 16, 1990

April 16, 1990

39

OPPOSITION by defendants to motion to certify class action [28−1] (jg) (Entered: 10/12/1994)

April 19, 1990

April 19, 1990

40

MEMORANDUM (BRIEF) by defendants in opposition to motion to certify class action [28−1] (jg) (Entered: 10/12/1994)

April 19, 1990

April 19, 1990

41

STIPULATION to establish framework for settlement (jg) (Entered: 10/12/1994)

April 27, 1990

April 27, 1990

43

ORDER by Honorable Alan B. Johnson granting motion to certify class action [28−1] (cc: all counsel) (jg) (Entered: 10/12/1994)

April 30, 1990

April 30, 1990

44

STIPULATION on immediate needs issues (jg) (Entered: 10/12/1994)

July 13, 1990

July 13, 1990

45

AMENDMENT (MODIFICATION) of stipulation [44−1] (jg) Modified on 10/13/1994 (Entered: 10/12/1994)

July 13, 1990

July 13, 1990

48

ORDER by Honorable Alan B. Johnson re stipulation on immediate needs issue: adopted as a resolution and compromise of part of the issues and is incorporated within this order; FURTHER ORDERED that attached notice of partial compromise shall be given to all members of the class by publication in newspapers in Lander, Casper and Cheyenne; State of Wyoming to bear costs of publication [44−1] (cc: all counsel) (jg) (Entered: 10/12/1994)

July 24, 1990

July 24, 1990

46

NOTICE of pendency of class action (jg) (Entered: 10/12/1994)

July 25, 1990

July 25, 1990

47

ORDERED, ADJUDGED AND DECREED by Honorable Alan B. Johnson that stipulation dated 4/24/90 be modified re modification of stipulation [45−1] (cc: all counsel) (jg) (Entered: 10/12/1994)

July 25, 1990

July 25, 1990

49

NOTICE OF PARTIAL COMPROMISE (Judge Johnson; mld 8/2/90) (jg) (Entered: 10/12/1994)

Aug. 1, 1990

Aug. 1, 1990

50

MOTION by plaintiffs' attorneys for interim costs and fees (jg) (Entered: 10/12/1994)

Aug. 10, 1990

Aug. 10, 1990

51

AFFIDAVIT of Jeanne Kawcak in support of motion for fees and costs [50−1] (jg) (Entered: 10/12/1994)

Aug. 10, 1990

Aug. 10, 1990

52

AFFIDAVIT of Michael J O'Donnell in support of motion for fees and costs [50−1] (jg) (Entered: 10/12/1994)

Aug. 10, 1990

Aug. 10, 1990

53

AFFIDAVIT of Michael H Heese in support of motion for fees and costs [50−1] (jg) (Entered: 10/12/1994)

Aug. 10, 1990

Aug. 10, 1990

54

AFFIDAVIT of Danny S Wilde in support of motion for fees and costs [50−1] (jg) (Entered: 10/12/1994)

Aug. 10, 1990

Aug. 10, 1990

55

NOTICE setting hearing before Honorable Alan B. Johnson on the motion for interim costs and fees [50−1] at 8:00 in Cheyenne (cc: all counsel) (jg) (Entered: 10/12/1994)

Aug. 15, 1990

Aug. 15, 1990

56

NOTICE setting hearing before Honorable Alan B. Johnson on the motion for interim costs and fees [50−1] at 8:00 in Cheyenne (cc: all counsel) (jg) (Entered: 10/12/1994)

Aug. 15, 1990

Aug. 15, 1990

57

MEMORANDUM by plaintiffs in support of motion for interim costs and fees [50−1] (jg) (Entered: 10/12/1994)

Aug. 17, 1990

Aug. 17, 1990

58

MOTION by defendants to continue (jg) (Entered: 10/12/1994)

Aug. 17, 1990

Aug. 17, 1990

59

REQUEST by defendants for evidentiary hearing (jg) (Entered: 10/12/1994)

Aug. 17, 1990

Aug. 17, 1990

60

OPPOSITION (OBJECTION) by defendant to motion for interim costs and fees [50−1] (jg) (Entered: 10/12/1994)

Aug. 17, 1990

Aug. 17, 1990

61

OBJECTION by plaintiff to request for evidentiary hearing [59−1] and to motion for continuance [58−1] (jg) (Entered: 10/12/1994)

Aug. 17, 1990

Aug. 17, 1990

62

RENEWAL OF MOTION by defendant to continue (jg) (Entered: 10/12/1994)

Aug. 17, 1990

Aug. 17, 1990

63

BRIEF by plaintiff regarding entitlement to interim attorneys' fees [50−1] (jg) (Entered: 10/12/1994)

Aug. 22, 1990

Aug. 22, 1990

64

CIVIL MINUTE SHEET: re request for evidentiary hearing [59−1]; re motion for continuance [58−1]; re motion for interim fees and costs [50−1] (jg) (Entered: 10/12/1994)

Aug. 22, 1990

Aug. 22, 1990

REMARK: attorneys called re location of conference on 10/5/90 in Cheyenne (not Casper) (jg) Modified on 10/12/1994 (Entered: 10/12/1994)

Sept. 28, 1990

Sept. 28, 1990

66

MOTION by plaintiffs to compel (provide) immediate access to Protection &Advocacy System of all records of class members at Wyo State Training School (jg) (Entered: 10/12/1994)

Dec. 6, 1990

Dec. 6, 1990

67

STIPULATED AGREEMENT (for settlement) (jg) (Entered: 10/12/1994)

March 31, 1991

March 31, 1991

68

STIPULATION for Agreement (jg) (Entered: 10/12/1994)

June 14, 1991

June 14, 1991

69

ORDER by Honorable Alan B. Johnson: stipulation on atty fees and other costs is accepted [50−1]; FURTHER ORDERED Clerk of Court accept funds and remit same to agent of Protection and Advocacy System Inc (cc: all counsel) (jg) (Entered: 10/12/1994)

June 28, 1991

June 28, 1991

70

CONSENT DECREE AND ORDER by Honorable Alan B. Johnson: decree shall continue in full force until 12/31/94; Compliance Advisory Board shall submit a final written report to the Court prior to entry of the dismissal of this action(cc: all counsel) (jg) (Entered: 10/12/1994)

July 1, 1991

July 1, 1991

71

AFFIDAVITS of publication (jg) (Entered: 10/12/1994)

July 16, 1991

July 16, 1991

72

APPENDIX "A" filed by defendant (jg) (Entered: 10/12/1994)

Aug. 5, 1991

Aug. 5, 1991

74

INDEPENDENT DEATH REVIEW COMMITTEE &PROCEDURES (jg) (Entered: 10/12/1994)

Oct. 31, 1991

Oct. 31, 1991

75

COMPLIANCE ADVISORY BOARD first fifteen and one half month budget (jg) (Entered: 10/12/1994)

Nov. 4, 1991

Nov. 4, 1991

73

SIX−MONTH REVIEW &REPORT by plaintiff to Compliance Advisory Board (jg) (Entered: 10/12/1994)

Nov. 5, 1991

Nov. 5, 1991

76

FINDINGS &DIRECTIVES OF THE COMPLIANCE ADVISORY BOARD re 4−year plan dispute (jg) (Entered: 10/12/1994)

Feb. 18, 1992

Feb. 18, 1992

77

STIPULATION modifying consent decree (jg) (Entered: 10/12/1994)

Feb. 21, 1992

Feb. 21, 1992

78

MOTION by defendant WY Brd Education for amendment (modification) of consent decree (jg) (Entered: 10/12/1994)

Feb. 25, 1992

Feb. 25, 1992

79

FIRST ORDER MODIFYING CONSENT DECREE by Honorable Alan B. Johnson [78−1] (cc: all counsel) (jg) (Entered: 10/12/1994)

Feb. 27, 1992

Feb. 27, 1992

80

NOTICE by plaintiffs of SIX−MONTH REVIEW &REPORT to Compliance Advisory Board (jg) (Entered: 10/12/1994)

March 23, 1992

March 23, 1992

81

REMARK: COMPLIANCE ADVISORY BOARD − from Wiederspahn Lummis &Liepas (jg) (Entered: 10/12/1994)

June 9, 1992

June 9, 1992

82

PETITION for judicial review (jg) (Entered: 10/12/1994)

Sept. 30, 1992

Sept. 30, 1992

83

NOTICE: THIRD ANNUAL REVIEW &REPORT to Compliance Advisory Board (jg) (Entered: 10/12/1994)

Oct. 5, 1992

Oct. 5, 1992

84

MOTION by defendant WY Brd Education to strike , dismiss or deny petition for judicial review of Kawulok Placement decision (jg) (Entered: 10/12/1994)

Oct. 9, 1992

Oct. 9, 1992

85

MEMORANDUM by defendant WY Brd Education in support of motion to strike [84−1], of motion dismiss or deny for judicial review of Kawulok Placement decision [84−2] (jg) (Entered: 10/12/1994)

Oct. 9, 1992

Oct. 9, 1992

86

NOTICE setting hearing before Honorable Alan B. Johnson on the motion to strike [84−1] at 9:00 11/5/92 in Cheyenne, setting hearing before Honorable Alan B. Johnson on the motion dismiss or deny petition for judicial review of Kawulok Placement decision [84−2] at 9:00 11/5/92 in Cheyenne (cc: all counsel) (jg) (Entered: 10/12/1994)

Oct. 30, 1992

Oct. 30, 1992

88

STIPULATION of continuance (jg) (Entered: 10/12/1994)

Nov. 4, 1992

Nov. 4, 1992

89

ORDER by Honorable Alan B. Johnson vacating hearing re motion to strike [84−1], vacating hearing re motion dismiss or deny petition for judicial review of Kawulok Placement decision [84−2] on 11/5/92 (cc: all counsel) (jg) (Entered: 10/12/1994)

Nov. 4, 1992

Nov. 4, 1992

90

NOTICE setting hearing before Honorable Alan B. Johnson on the motion to strike [84−1] at 8:00 12/2/92 in Casper (cc: all counsel) (jg) (Entered: 10/12/1994)

Nov. 20, 1992

Nov. 20, 1992

91

ORDER by Honorable Alan B. Johnson: all medical and residential issues re Sara Kawulok should be remanded to Compliance Advisory Board for decision and further finds that Sara Kawulok's educational placement at BOCES is temporarily subject to the CAB decision; further proceedings will comply with provisions of stipulated agreement and consent decree entered herein; parties shall bear their own costs [84−2] (cc: all counsel) (jg) (Entered: 10/12/1994)

Dec. 2, 1992

Dec. 2, 1992

92

REPORT to Compliance Advisory Board by State of Wyoming (jg) (Entered: 10/12/1994)

Sept. 28, 1993

Sept. 28, 1993

93

ATTORNEY SUBSTITUTION: Shirley Kingston substituted for Dennis M Coll (jg) (Entered: 10/12/1994)

Oct. 15, 1993

Oct. 15, 1993

94

STIPULATED AGREEMENT re documenting the current status of the terms, conditions and obligations of the Consent Decree (jg) (Entered: 10/12/1994)

Nov. 22, 1993

Nov. 22, 1993

95

NOTICE by plaintiffs: SIX−MONTH REVIEW AND REPORT to Compliance Advisory Board (jg) (Entered: 10/12/1994)

March 25, 1994

March 25, 1994

96

LETTER re sixth semi−annual report of Consent Decree (jg) (Entered: 10/12/1994)

March 25, 1994

March 25, 1994

97

PETITION to Compliance Advisory Board for appointment of hearing officer and review of recommendation of residential placement of Sara Kuwulok and review of medical recommendation (jg) (Entered: 10/12/1994)

April 7, 1994

April 7, 1994

98

REMARK: COMPLIANCE ADVISORY BOARD DIRECTIVE re Sara Kawulok (jg) (Entered: 10/12/1994)

April 7, 1994

April 7, 1994

99

OBJECTIONS to Compliance Advisory Board Directive [98−1] (jg) (Entered: 10/12/1994)

April 15, 1994

April 15, 1994

100

MEMORANDUM information re all medical and residential issues; PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW; and proposed compliance advisory board directive filed by WY Attorney General (jg) (Entered: 10/12/1994)

April 15, 1994

April 15, 1994

101

PRAECIPE by Robert and Debra Kawulok for filing (jg) (Entered: 10/12/1994)

April 18, 1994

April 18, 1994

Case Details

State / Territory: Wyoming

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 3, 1990

Closing Date: Dec. 5, 1994

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were individuals with intellectual disabilities who were housed in the Wyoming State Training School, a state facility.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Wyoming State Training School, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Reasonable Accommodation

Discrimination Prohibition

Reporting

Monitor/Master

Recordkeeping

Monitoring

Issues

General:

Assault/abuse by residents/inmates/students

Bathing and hygiene

Classification / placement

Conditions of confinement

Deinstitutionalization/decarceration

Education

Failure to supervise

Failure to train

Habilitation (training/treatment)

Incident/accident reporting & investigations

Individualized planning

Neglect by staff

Reassessment and care planning

Record-keeping

Sanitation / living conditions

Special education

Staff (number, training, qualifications, wages)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

ICF/MR & HCFA standards

Intellectual/Developmental Disability

Type of Facility:

Government-run

Benefit Source:

Medicaid