Case: U.S. v. Georgia

1:10-cv-00249 | U.S. District Court for the Northern District of Georgia

Filed Date: Jan. 28, 2010

Case Ongoing

Clearinghouse coding complete

Case Summary

In 2008 and 2009, the United States Department of Justice investigated Georgia’s seven state-operated psychiatric hospitals. The investigations found that the hospitals were violating patients’ constitutional and statutory rights in multiple ways, such as by: failing to adequately protect patients from harm; improperly utilizing seclusion and restraints; providing inadequate nursing and health care; failing to provide adequate services for populations with specialized needs; and failing to disc…

In 2008 and 2009, the United States Department of Justice investigated Georgia’s seven state-operated psychiatric hospitals. The investigations found that the hospitals were violating patients’ constitutional and statutory rights in multiple ways, such as by:

  • failing to adequately protect patients from harm;
  • improperly utilizing seclusion and restraints;
  • providing inadequate nursing and health care;
  • failing to provide adequate services for populations with specialized needs; and
  • failing to discharge patients to placement “in the most integrated setting” as required by the Supreme Court in L.C. v. Olmsted.
As a result of these investigations, the DOJ filed a federal lawsuit under the Civil Rights of Institutionalized Persons Act on January 15, 2009. That lawsuit was filed together with a proposed settlement agreement.

A year later, the settlement agreement in that case was still awaiting final court approval, and the DOJ was concerned that Georgia continued to provide deficient services, exposing patients to serious harm. The DOJ filed this lawsuit seeking injunctive relief on January 28, 2010 in the U.S. District Court for the Northern District of Georgia, on the same day that it filed a motion for a preliminary injunction in the other lawsuit. This case was assigned to Judge Charles A. Pannell, Jr., who was also presiding over the other lawsuit. In this lawsuit, the DOJ alleged that Georgia was violating the Americans with Disabilities Act by unnecessarily institutionalizing people with disabilities. Georgia’s system had previously been the subject of a landmark U.S. Supreme Court case (L.C. v. Olmsted), but ten years after Olmsted, Georgia had still failed to adequately implement policies to prevent unnecessary institutionalization.

The DOJ moved to consolidate this ADA-focused case with the 2009 CRIPA-focused case.

The parties initially engaged in settlement negotiations, but those negotiations failed, and Georgia moved to dismiss the suit on July 1, 2010. On August 9, the court denied the motion, and ordered the parties to proceed to discovery. Negotiations resumed and the parties agreed to a settlement, which was approved by the court on October 29, 2010. (In the meantime, the court had denied the DOJ’s motion to consolidate the cases, and had given final approval to the settlement agreement in the 2009 case.)

The October 2010 settlement provided for an increase in community-based services over a five-year period. Specifically, the state would:

  1. discontinue admissions to state institutions for certain categories of patients, and instead provide community-based treatment services;
  2. increase crisis support services and create new options for community living;
  3. create new Medicaid waiver enrollment slots for individuals with developmental disabilities;
  4. increase home-based services for individuals participating in the waiver program;
  5. provide additional services to keep individuals with mental illness from being institutionalized;
  6. increase assertive community treatment, crisis management, and other services in the community; and
  7. provide for housing options and support services to allow individuals with mental illness to remain in the community.
The parties agreed to the appointment of an independent reviewer. Her first annual report, issued in October 2011, documented substantial progress by the state.

On August 29, 2012, the court approved a modification of the settlement agreement, which was focused on implementing assertive community treatment.

The independent reviewer’s reports continued to note Georgia’s considerable efforts in attempting to reach the standards set out in the settlement agreement (including the closure of two of the seven state hospitals), but on September 18, 2015, reported that not all of the goals set by the settlement agreement had been met by the five-year deadline. Georgia had done an acceptable job of providing resources for the deinstitutionalization of adults with persistent serious mental illness, but had not complied with the standards for persons with developmental disabilities. The independent reviewer did note that there were acceptable plans on the horizon that had not yet been implemented, and that delays in implementation were not necessarily because of idleness on the part of the state.

In January 2016, however, the DOJ moved to hold the state in contempt for its failure to comply with the settlement agreement. This motion was eventually dismissed as moot: the DOJ and the state filed a joint motion for extension of the settlement agreement. They sought to have the court maintain jurisdiction while the state worked toward a June 30, 2018 compliance deadline. The court approved this settlement extension on May 27, 2016. The extension was supported by a coalition of community stakeholders, including the Carter Center Mental Health Program, Mental Health America of Georgia, Georgia Mental Health Consumer Network, Georgia Parent Support Network, Georgia Council on Substance Abuse, Atlanta Legal Aid Society’s Disability Integration Project, and the National Alliance on Mental Illness–Georgia.

Georgia did not achieve full compliance by the June 2018 deadline; however, the independent reviewer found that the state had continued to make progress. As of August 2020, the court maintains jurisdiction, and the independent reviewer continues to monitor the state’s progress.

Summary Authors

Beth Kurtz (11/20/2012)

Megan Brown (11/6/2016)

Lauren Latterell Powell (10/21/2017)

Michael Beech (4/1/2019)

Gregory Marsh (8/26/2020)

Related Cases

U.S. v. State of Georgia, Northern District of Georgia (2009)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/12837083/parties/united-states-v-the-state-of-georgia/


Judge(s)

Pannell, Charles A. Jr. (Georgia)

Attorneys(s) for Plaintiff

Aminfar, Amin (District of Columbia)

Bagenstos, Samuel R. (District of Columbia)

Bailey, Regan (Washington)

Becker, Grace Chung (District of Columbia)

Bohan, Mary (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Deutsch, David (District of Columbia)

Farano, Richard J. (District of Columbia)

Fleisher, Aaron S (District of Columbia)

Judge(s)

Pannell, Charles A. Jr. (Georgia)

Attorneys(s) for Plaintiff

Aminfar, Amin (District of Columbia)

Bagenstos, Samuel R. (District of Columbia)

Bailey, Regan (Washington)

Becker, Grace Chung (District of Columbia)

Bohan, Mary (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Deutsch, David (District of Columbia)

Farano, Richard J. (District of Columbia)

Fleisher, Aaron S (District of Columbia)

Frohboese, Robinsue (District of Columbia)

Gunston, Emily A. (District of Columbia)

Gupta, Vanita (District of Columbia)

Hill, Eve L. (District of Columbia)

Holder, Eric H. Jr. (District of Columbia)

Horn, John A. (Georgia)

Houston, Katherine (District of Columbia)

Hughes, Aileen Bell (Georgia)

Koch, Robert A. (District of Columbia)

Lapertosa, Max (Pennsylvania)

McDonald, Ashley (District of Columbia)

Mondino, Jennifer L. (District of Columbia)

Morse, Thomas Jackson (District of Columbia)

Murray, Jeffrey Robert (District of Columbia)

Perez, Thomas E. (District of Columbia)

Polansky, Jessica (District of Columbia)

Preston, Judith (Judy) C. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Yates, Sally Quillian (Georgia)

Attorneys(s) for Defendant

Baker, Thurbert E. (Georgia)

Belinfante, Joshua Barrett (Georgia)

Burnette, Jeremy Patrick (Georgia)

Cicero, Mark J. (Georgia)

Cohen, Mark Howard (Georgia)

Dalton, Jennifer (Georgia)

Dunn, Dennis R. (Georgia)

Hewitson, Steven J. (Georgia)

Littlefield, Jeremy U. (Georgia)

Mann, Lindsey B. (Georgia)

Meeks, Kevin Gregory (Georgia)

Mygatt, Timothy D (District of Columbia)

Naunas, Jason S. (Georgia)

Nelson, Shalen S. (Georgia)

Olens, Samuel (Georgia)

Phillips, John Nicholas (Georgia)

Smith, Lynette Eaddy (Georgia)

Theriot, Jamie L. (Georgia)

Other Attorney(s)

Barkoff, Alison (District of Columbia)

Bossing, Lewis (District of Columbia)

Burnim, Ira Abraham (District of Columbia)

Canfield, Kenneth S. (Georgia)

Kegley, Julie Coleman (Georgia)

Norris, Joshua A. (Georgia)

Orland, Devon (Georgia)

Rhee, Mina (Georgia)

Expert/Monitor/Master

Jones, Elizabeth (California)

Documents in the Clearinghouse

Document

1:10-cv-00249

Docket (PACER)

March 21, 2019

March 21, 2019

Docket

Re: CRIPA Investigation of the Georgia Regional Hospital in Atlanta

CRIPA Investigation of the Georgia Regional Hospital

No Court

May 30, 2008

May 30, 2008

Findings Letter/Report

Re: CRIPA Investigation of the Northwest Georgia Regional Hospital in Rome

CRIPA Investigation of the Northwest Georgia Regional Hospital

No Court

Jan. 15, 2009

Jan. 15, 2009

Findings Letter/Report

Settlement Agreement

CRIPA Investigation of the Georgia Regional Hospital

No Court

Jan. 18, 2009

Jan. 18, 2009

Settlement Agreement
26

1:09-cv-00119

Joint Status Report

United States of America v. Georgia

June 12, 2009

June 12, 2009

Pleading / Motion / Brief

1:09-cv-00119

Joint Status Report of the United States and Amici Cuirae

United States of America v. Georgia

Sept. 30, 2009

Sept. 30, 2009

Pleading / Motion / Brief
29

1:09-cv-00119

Order

United States of America v. Georgia

Sept. 30, 2009

Sept. 30, 2009

Order/Opinion

1:10-cv-00249

Re: Investigation of the State Psychiatric Hospitals

No Court

Dec. 8, 2009

Dec. 8, 2009

Findings Letter/Report
1

1:10-cv-00249

Complaint

United States v. Georgia

Jan. 28, 2010

Jan. 28, 2010

Complaint
28-1

1:10-cv-00249

Memorandum of Law in Support of Defendant's Motion to Dismiss Plaintiff's Complaint

July 1, 2010

July 1, 2010

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12837083/united-states-v-the-state-of-georgia/

Last updated July 29, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by The United States of America. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. (Attachments: # 1 Civil Cover Sheet)(adg) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 01/29/2010)

Jan. 28, 2010

Jan. 28, 2010

Clearinghouse
2

NOTICE Of Filing Exhibit to Complaint by The United States of America re 1 Complaint, Exhibit 1 (Mygatt, Timothy) (Entered: 01/29/2010)

Jan. 29, 2010

Jan. 29, 2010

PACER
3

NOTICE Of Filing Exhibit 2 to Complaint by The United States of America (Mygatt, Timothy) (Entered: 01/29/2010)

Jan. 29, 2010

Jan. 29, 2010

PACER
4

NOTICE Of Filing Exhibit 3 to Complaint by The United States of America (Mygatt, Timothy) (Entered: 01/29/2010)

Jan. 29, 2010

Jan. 29, 2010

PACER
5

NOTICE Of Filing Exhibit 4 to Complaint by The United States of America (Mygatt, Timothy) (Entered: 01/29/2010)

Jan. 29, 2010

Jan. 29, 2010

PACER
6

NOTICE Of Filing Exhibit 5 to Complaint by The United States of America (Mygatt, Timothy) (Entered: 01/29/2010)

Jan. 29, 2010

Jan. 29, 2010

PACER
7

NOTICE Of Filing Exhibit 6 to Complaint by The United States of America (Mygatt, Timothy) (Entered: 01/29/2010)

Jan. 29, 2010

Jan. 29, 2010

PACER
8

Minute Entry for proceedings held before Judge Charles A. Pannell, Jr: Telephone Conference/Status Conference held on 2/4/2010, This case is set for a hearing on 3/1/2010 at 10:00 AM before Judge Charles A. Pannell Jr. The court will hold another conference call a week from today. Hearing concluded. (Court Reporter Martha Frutchey)(adg) (Entered: 02/05/2010)

Feb. 4, 2010

Feb. 4, 2010

PACER
9

TRANSCRIPT of Proceedings held on 2/4/10 (Tele Conf) before Judge Charles A. Pannell, Jr. Court Reporter/Transcriber Martha J. Frutchey, Telephone number 404-215-1573. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/5/2010. Redacted Transcript Deadline set for 3/15/2010. Release of Transcript Restriction set for 5/13/2010. (Attachments: # 1 Notice of Filing Transcript) (pjm) (Entered: 02/12/2010)

Feb. 12, 2010

Feb. 12, 2010

PACER
10

TRANSCRIPT of Proceedings held on 2/4/10 (Tele Conf) before Judge Charles A. Pannell, Jr. Court Reporter/Transcriber Martha J. Frutchey, Telephone number 404-215-1573. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/12/2010. Redacted Transcript Deadline set for 3/22/2010. Release of Transcript Restriction set for 5/20/2010. (Attachments: # 1 Notice of Filing Transcript) (pjm) (Entered: 02/19/2010)

Feb. 19, 2010

Feb. 19, 2010

PACER
11

TRANSCRIPT of Proceedings held on 2/16/10 (Tele Conf) before Judge Charles A. Pannell, Jr. Court Reporter/Transcriber Martha J. Frutchey, Telephone number 404-215-1573. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/12/2010. Redacted Transcript Deadline set for 3/22/2010. Release of Transcript Restriction set for 5/20/2010. (Attachments: # 1 Notice of Filing Transcript) (pjm) (Entered: 02/19/2010)

Feb. 19, 2010

Feb. 19, 2010

PACER
12

MOTION to Stay by The United States of America. (Mygatt, Timothy) (Entered: 02/25/2010)

Feb. 25, 2010

Feb. 25, 2010

PACER
13

ORDER GRANTING 12 Motion to Stay so that the Parties may engage in settlementnegotiations. The Court also hereby GRANTS the request to toll until 3/15/2010, the response time on all pending responses and replies. Should negotiationsfail, the Court will reschedule the proceedings to begin on 3/15/2010, or assoon as possible thereafter. Signed by Judge Charles A. Pannell, Jr on 2/26/2010. (adg) (Entered: 02/26/2010)

Feb. 26, 2010

Feb. 26, 2010

PACER
14

PROPOSED CONSENT ORDER re: Agreed Extension for Defendants to File Answer, Motion, or Other Responsive Pleading re: 1 Complaint,. (Cohen, Mark) (Entered: 04/01/2010)

April 1, 2010

April 1, 2010

PACER
15

ORDER TO EXTEND TIME TO ANSWER Complaint to and through 5/6/2010. Signed by Judge Charles A. Pannell, Jr on 4/7/2010. (adg) (Entered: 04/07/2010)

April 7, 2010

April 7, 2010

PACER
16

NOTICE of Appearance by Joshua Barrett Belinfante on behalf of The State of Georgia, Frank E. Shelp, Rhonda M. Medows and Sonny Perdue (Belinfante, Joshua) Modified on 4/8/2010 to correct docket text (adg). (Entered: 04/07/2010)

April 7, 2010

April 7, 2010

PACER
17

NOTICE of Appearance by Mark Howard Cohen on behalf of Frank E. Shelp, Rhonda M. Medows, The State of Georgia, Sonny Perdue (Cohen, Mark) (Entered: 04/07/2010)

April 7, 2010

April 7, 2010

PACER
18

PROPOSED CONSENT ORDER re: Agreed Extension of Time for Defendants to File Answer, Motion, or Other Responsive Pleading. (Cohen, Mark) (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

PACER
19

ORDER TO EXTEND TIME TO ANSWER; defendants answer to complaint due 5/13/2010. Signed by Judge Charles A. Pannell, Jr on 5/3/2010. (adg) (Entered: 05/03/2010)

May 3, 2010

May 3, 2010

PACER
20

PROPOSED CONSENT ORDER re: Agreed Extension of Time for Defendants to File Answer, Motion, or Other Responsive Pleading. (Cohen, Mark) (Entered: 05/12/2010)

May 12, 2010

May 12, 2010

PACER
21

ORDER TO EXTEND TIME TO ANSWER, defendants answer due 6/1/2010. Signed by Judge Charles A. Pannell, Jr on 5/17/2010. (adg) (Entered: 05/17/2010)

May 17, 2010

May 17, 2010

PACER
22

PROPOSED CONSENT ORDER re: Agreed Extension of Time for Defendants to File Answer, Motion, or Other Responsive Pleading. (Cohen, Mark) (Entered: 05/28/2010)

May 28, 2010

May 28, 2010

PACER
23

CONSENT ORDER TO EXTEND TIME TO ANSWER COMPLAINT. Defendants shall have through and including 6/22/2010 to answer complaint. Signed by Judge Charles A. Pannell, Jr on 5/28/2010. (adg) (Entered: 05/28/2010)

May 28, 2010

May 28, 2010

PACER
24

PROPOSED CONSENT ORDER re: Agreed Extension of Time for Defendants to File Answer, Motion, or Other Responsive Pleading. (Cohen, Mark) (Entered: 06/18/2010)

June 18, 2010

June 18, 2010

PACER
25

ORDER TO EXTEND TIME TO ANSWER. The Defendants shall have through and including July 1, 2010 to file their answer, motion, or other responsive pleading to Plaintiff's Complaint. Signed by Judge Charles A. Pannell, Jr on 6/21/2010. (ank) (Entered: 06/21/2010)

June 21, 2010

June 21, 2010

PACER

Clerk's Certificate of Mailing as to US Dept of Justice re 25 Order (ank)

June 21, 2010

June 21, 2010

PACER
26

MOTION for Order Setting Status Conference by The United States of America. (Attachments: # 1 Text of Proposed Order)(Rhee, Mina) (Entered: 06/30/2010)

June 30, 2010

June 30, 2010

PACER
27

MOTION for Leave to File Excess Pages (for Memorandum of Law in Support of Motion to Dismiss) by The State of Georgia. (Attachments: # 1 Text of Proposed Order)(Cohen, Mark) (Entered: 07/01/2010)

July 1, 2010

July 1, 2010

PACER
28

MOTION to Dismiss with Brief In Support by The State of Georgia. (Attachments: # 1 Brief in Support)(Cohen, Mark) (Entered: 07/01/2010)

July 1, 2010

July 1, 2010

PACER
29

MOTION for Leave to File Excess Pages with Brief In Support by The United States of America. (Koch, Robert) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER
30

RESPONSE re 28 MOTION to Dismiss filed by The United States of America. (Koch, Robert) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

Clearinghouse
31

RESPONSE re 26 MOTION for Order Setting Status Conference (Defendants' Status Update and Proposed Agenda for Status Conference) filed by The State of Georgia. (Attachments: # 1 Exhibit A)(Cohen, Mark) (Entered: 07/22/2010)

July 22, 2010

July 22, 2010

PACER

Submission of 27 MOTION for Leave to File Excess Pages (for Memorandum of Law in Support of Motion to Dismiss), submitted to District Judge Charles A. Pannell. (adg)

July 27, 2010

July 27, 2010

PACER
32

APPLICATION for Admission of Timothy D. Mygatt Pro Hac Vice with Brief In Support by The United States of America. (Rhee, Mina) (Entered: 07/27/2010)

July 27, 2010

July 27, 2010

PACER
33

APPLICATION for Admission of Max Lapertosa Pro Hac Vice with Brief In Support by The United States of America. (Rhee, Mina) (Entered: 07/27/2010)

July 27, 2010

July 27, 2010

PACER

APPROVAL by Clerks Office. Attorney Max P. Lapertosa, Timothy D. Mygatt added appearing on behalf of The United States of America (cdg) Modified on 8/2/2010 to create doc. link (cdg).

July 29, 2010

July 29, 2010

PACER
34

APPLICATION for Admission of Robert A. Koch Pro Hac Vice by The United States of America. (Rhee, Mina) (Entered: 07/29/2010)

July 29, 2010

July 29, 2010

PACER
35

APPLICATION for Admission of Judy C. Preston Pro Hac Vice by The United States of America. (Rhee, Mina) (Entered: 07/29/2010)

July 29, 2010

July 29, 2010

PACER
36

APPLICATION for Admission of Mary R. Bohan Pro Hac Vice by The United States of America. (Rhee, Mina) (Entered: 07/29/2010)

July 29, 2010

July 29, 2010

PACER

APPROVAL by Clerks Office re: 36 APPLICATION for Admission of Mary R. Bohan Pro Hac Vice, 34 APPLICATION for Admission of Robert A. Koch Pro Hac Vice, 35 APPLICATION for Admission of Judy C. Preston Pro Hac Vice. Attorney Robert Koch, Mary R. Bohan, Judy C. Preston added appearing on behalf of The United States of America (cdg)

Aug. 2, 2010

Aug. 2, 2010

PACER
37

REPLY BRIEF re 28 MOTION to Dismiss filed by The State of Georgia. (Cohen, Mark) (Entered: 08/02/2010)

Aug. 2, 2010

Aug. 2, 2010

Clearinghouse
38

ORDER GRANTING 34 Application for Admission Pro Hac Vice of Robert A. Koch. Signed by Judge Charles A. Pannell, Jr on 8/2/2010. (adg) (Entered: 08/03/2010)

Aug. 2, 2010

Aug. 2, 2010

PACER
39

ORDER GRANTING 35 Application for Admission Pro Hac Vice of Judy C. Preston. Signed by Judge Charles A. Pannell, Jr on 8/2/2010. (adg) (Entered: 08/03/2010)

Aug. 2, 2010

Aug. 2, 2010

PACER
40

ORDER GRANTING 36 Application for Admission Pro Hac Vice of Mary R. Bohan. Signed by Judge Charles A. Pannell, Jr on 8/2/2010. (adg) (Entered: 08/04/2010)

Aug. 2, 2010

Aug. 2, 2010

PACER

Submission of 29 MOTION for Leave to File Excess Pages, 28 MOTION to Dismiss, submitted to District Judge Charles A. Pannell. (adg)

Aug. 3, 2010

Aug. 3, 2010

PACER

NOTICE of TELECONFERENCE Hearing: Status Conference set for 8/6/2010 at 11:15 AM before Judge Charles A. Pannell Jr.. Participants are directed to dial (866)742-9889. Id No.: 93154695. The court plans to address the issues proposed by the parties.(yrm)

Aug. 5, 2010

Aug. 5, 2010

PACER
41

Minute Entry for proceedings held before Judge Charles A. Pannell, Jr: Telephone Conference held on 8/6/2010. Court heard from counsel. Hearing to be set for 11/8/2010. Written order to follow. Hearing Concluded. (Court Reporter Martha Frutchey)(adg) (Entered: 08/09/2010)

Aug. 6, 2010

Aug. 6, 2010

PACER
42

ORDER DENYING 28 Motion to Dismiss and DIRECTING the parties to initiate discovery in the matter. The Joint Proposed Preliminary Report and Discovery Plan will be filed within 20 days of the date of this order. Discovery shall begin upon the filing of this order. Discovery in one action may be used and incorporated in the other action.. Signed by Judge Charles A. Pannell, Jr on 8/9/2010. (adg) (Entered: 08/10/2010)

Aug. 9, 2010

Aug. 9, 2010

Clearinghouse
43

APPLICATION for Admission of Richard J. Farano Pro Hac Vice with Brief In Support by The United States of America. (Rhee, Mina) (Entered: 08/12/2010)

Aug. 12, 2010

Aug. 12, 2010

PACER
44

APPLICATION for Admission of Jeffrey R. Murray Pro Hac Vice with Brief In Support by The United States of America. (Rhee, Mina) (Entered: 08/12/2010)

Aug. 12, 2010

Aug. 12, 2010

PACER
45

APPLICATION for Admission of Aaron S. Fleisher Pro Hac Vice with Brief In Support by The United States of America. (Rhee, Mina) (Entered: 08/12/2010)

Aug. 12, 2010

Aug. 12, 2010

PACER
46

CERTIFICATE OF SERVICE re: First Set of Interrogatories by The United States of America.(Lapertosa, Max) (Entered: 08/16/2010)

Aug. 16, 2010

Aug. 16, 2010

PACER
47

CERTIFICATE OF SERVICE re: First Set of Requests for Production of Documents by The United States of America.(Lapertosa, Max) (Entered: 08/16/2010)

Aug. 16, 2010

Aug. 16, 2010

PACER

APPROVAL by Clerks Office re: 44 APPLICATION for Admission of Jeffrey R. Murray Pro Hac Vice, 45 APPLICATION for Admission of Aaron S. Fleisher Pro Hac Vice, 43 APPLICATION for Admission of Richard J. Farano Pro Hac Vice. Attorney Aaron S. Fleisher, Jeffrey R. Murray, Richard J. Farano added appearing on behalf of The United States of America (cdg)

Aug. 16, 2010

Aug. 16, 2010

PACER
48

ORDER GRANTING 43 Application for Admission Pro Hac Vice of Richard J. Farano. Signed by Judge Charles A. Pannell, Jr on 8/17/2010. (adg) (Entered: 08/17/2010)

Aug. 17, 2010

Aug. 17, 2010

PACER
49

ORDER GRANTING 45 Application for Admission Pro Hac Vice of Aaron S. Fleisher. Signed by Judge Charles A. Pannell, Jr on 8/17/2010. (adg) (Entered: 08/17/2010)

Aug. 17, 2010

Aug. 17, 2010

PACER
50

ORDER GRANTING 44 Application for Admission Pro Hac Vice of Jeffrey R. Murray. Signed by Judge Charles A. Pannell, Jr on 8/17/2010. (adg) (Entered: 08/17/2010)

Aug. 17, 2010

Aug. 17, 2010

PACER
51

ANSWER to 1 COMPLAINT by Rhonda M. Medows, Sonny Perdue, Frank E. Shelp, The State of Georgia. Discovery ends on 1/20/2011.(Cohen, Mark) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 08/23/2010)

Aug. 23, 2010

Aug. 23, 2010

Clearinghouse
52

CERTIFICATE OF SERVICE for Defendants' First Set of Interrogatories to Plaintiff AND Defendants' First Request for Production of Documents to Plaintiff by The State of Georgia.(Cohen, Mark) (Entered: 08/24/2010)

Aug. 24, 2010

Aug. 24, 2010

PACER
53

Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by The United States of America. (Mygatt, Timothy) (Entered: 08/30/2010)

Aug. 30, 2010

Aug. 30, 2010

PACER
54

NOTICE to Take Deposition of All Defendants 30(b)(6) filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
55

NOTICE to Take Deposition of Shelp 30(b)(6) filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
56

NOTICE to Take Deposition of Clyde Reese 30(b)(6) filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
57

NOTICE to Take Deposition of All Defendants 30(b)(6) filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
58

NOTICE to Take Deposition of Jason Bearden filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
59

NOTICE to Take Deposition of Greg Hoyt filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
60

NOTICE to Take Deposition of William H. Janes filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
61

NOTICE to Take Deposition of Donald Manning filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
62

NOTICE to Take Deposition of Denise McClain filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
63

NOTICE to Take Deposition of William McDonald filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
64

NOTICE to Take Deposition of Karen Green McGowan filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
65

NOTICE to Take Deposition of Jewel Norman filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
66

NOTICE to Take Deposition of Andrew Phillips filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
67

NOTICE to Take Deposition of Mary Lou Rahn filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
68

NOTICE to Take Deposition of Frank Shelp filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
69

NOTICE to Take Deposition of Nirbhay Singh filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
70

Amended NOTICE to Take Deposition of Rule 30(b)(6) deposition of Clyde Reese, in his official capacity as Director of the Georgia Department of Community Health filed by The United States of America (Lapertosa, Max) (Entered: 09/14/2010)

Sept. 14, 2010

Sept. 14, 2010

PACER
71

Amended NOTICE to Take Deposition of Mary Lou Rahn filed by The United States of America (Lapertosa, Max) (Entered: 09/14/2010)

Sept. 14, 2010

Sept. 14, 2010

PACER
72

PROPOSED CONSENT ORDER Consent Confidentiality and Protective Order. (Cohen, Mark) (Entered: 09/14/2010)

Sept. 14, 2010

Sept. 14, 2010

PACER
73

NOTICE by The State of Georgia Notice of Subpoenas for Depositions of Non-Party Witnesses (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Cohen, Mark) (Entered: 09/14/2010)

Sept. 14, 2010

Sept. 14, 2010

PACER
74

CERTIFICATE OF SERVICE of Defendants' Responses and Objections to Plaintiff's First Set of Interrogatories and Defendants' Responses and Objections to Plaintiff's First Request for Production of Documents by The State of Georgia.(Cohen, Mark) (Entered: 09/15/2010)

Sept. 15, 2010

Sept. 15, 2010

PACER
75

TRANSCRIPT of Proceedings held on 8/6/10 (Tele Conf) before Judge Charles A. Pannell, Jr. Court Reporter/Transcriber Martha J. Frutchey, Telephone number 404-215-1573. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/7/2010. Redacted Transcript Deadline set for 10/18/2010. Release of Transcript Restriction set for 12/15/2010. (Attachments: # 1 Notice of Filing Transcript) (pjm) (Entered: 09/17/2010)

Sept. 16, 2010

Sept. 16, 2010

PACER

NOTICE The court will conduct a status conference at 2:00 p.m. on September 23, 2010 in Courtroom 2307. Participation by telephone will not be possible. The topics the court intends to address are: (1) the proposed preliminary report and discovery plan; and (2) the amici curiae's motion seeking copies of discovery. (mam)

Sept. 17, 2010

Sept. 17, 2010

PACER
76

ORDER granting 33 Application for Admission Pro Hac Vice of Max Lapertosa. Signed by Judge Charles A. Pannell, Jr on 9/20/2010. (adg) (Entered: 09/20/2010)

Sept. 20, 2010

Sept. 20, 2010

PACER
77

ORDER granting 32 Application for Admission Pro Hac Vice of Timothy D. Mygatt. Signed by Judge Charles A. Pannell, Jr on 9/20/2010. (adg) (Entered: 09/20/2010)

Sept. 20, 2010

Sept. 20, 2010

PACER
78

Amended NOTICE to Take Deposition of 30(b)(6) GAMH Budget filed by The United States of America (Fleisher, Aaron) (Entered: 09/20/2010)

Sept. 20, 2010

Sept. 20, 2010

PACER
79

Amended NOTICE to Take Deposition of 30(b)(6) Housing filed by The United States of America (Fleisher, Aaron) (Entered: 09/20/2010)

Sept. 20, 2010

Sept. 20, 2010

PACER
80

Amended NOTICE to Take Deposition of Greg Hoyt filed by The United States of America (Fleisher, Aaron) (Entered: 09/20/2010)

Sept. 20, 2010

Sept. 20, 2010

PACER
81

Amended NOTICE to Take Deposition of William Janes filed by The United States of America (Fleisher, Aaron) (Entered: 09/20/2010)

Sept. 20, 2010

Sept. 20, 2010

PACER
82

Amended NOTICE to Take Deposition of Jewel Norman filed by The United States of America (Fleisher, Aaron) (Entered: 09/20/2010)

Sept. 20, 2010

Sept. 20, 2010

Clearinghouse
83

Amended NOTICE to Take Deposition of Denise McClain filed by The United States of America (Fleisher, Aaron) (Entered: 09/20/2010)

Sept. 20, 2010

Sept. 20, 2010

Clearinghouse
84

NOTICE by The State of Georgia re: Subpoenas for Depositions of Non-Party Witnesses (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cohen, Mark) (Entered: 09/21/2010)

Sept. 21, 2010

Sept. 21, 2010

PACER

NOTICE re 29 MOTION for Leave to File Excess Pages, 27 MOTION for Leave to File Excess Pages are GRANTED. (mam)

Sept. 23, 2010

Sept. 23, 2010

PACER
85

Amended NOTICE to Take Deposition of William Janes filed by The United States of America (Fleisher, Aaron) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

PACER
86

Amended NOTICE to Take Deposition of Donald Manning filed by The United States of America (Fleisher, Aaron) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

PACER
87

Amended NOTICE to Take Deposition of Karen Green-McGowan filed by The United States of America (Fleisher, Aaron) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

PACER
88

Amended NOTICE to Take Deposition of Frank Shelp filed by The United States of America (Fleisher, Aaron) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

PACER
89

Amended NOTICE to Take Deposition of Jewel Norman filed by The United States of America (Fleisher, Aaron) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

PACER
90

MOTION for Immediate Relief by The United States of America. (Attachments: # 1 Memorandum of Law, # 2 Text of Proposed Order, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27)(adg) (Filed pursuant to 9/24/2010 Order in 1:09-cv-119-CAP) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

Clearinghouse
91

RESPONSE in Opposition re 90 MOTION for Immediate Relief filed by Rhonda M. Medows, Sonny Perdue, Frank E. Shelp, The State of Georgia. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(adg) (Filed pursuant to 9/24/2010 Order in 1:09-cv-119-CAP) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

Clearinghouse

Case Details

State / Territory: Georgia

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 28, 2010

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The United States filed this suit on behalf of individuals with developmental disabilities and mental illness in Georgia’s state institutions.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Georgia, State

Georgia Department of Behavioral Health and Developmental Disabilities , State

Georgia Department of Community Health , State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

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

Order Duration: 2010 - 2019

Content of Injunction:

Discrimination Prohibition

Monitor/Master

Monitoring

Reasonable Accommodation

Reporting

Training

Preliminary relief request withdrawn/mooted

Issues

General:

Deinstitutionalization/decarceration

Discharge & termination plans

Habilitation (training/treatment)

Individualized planning

Payment for care

Placement in mental health facilities

Public assistance grants

Reasonable Accommodations

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Mental impairment

Mental Disability:

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Mental Illness, Unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis

Medication, administration of

Mental health care, general

Mental health care, unspecified

Type of Facility:

Government-run

Benefit Source:

Medicaid