Case: United States v. Delaware

1:11-cv-00591 | U.S. District Court for the District of Delaware

Filed Date: July 6, 2011

Closed Date: Oct. 11, 2016

Clearinghouse coding complete

Case Summary

In 2008, the U.S. Department of Justice (Civil Rights Division, Special Litigation Section) launched an investigation into the treatment of individuals with mental illness in the Delaware Psychiatric Center (DPC), a state hospital. The investigation was later expanded to assess the state's liability under the Americans with Disabilities Act (ADA) and its integration mandate under the Supreme Court precedent Olmstead v. L.C., 527 U.S. 581 (1999).On November 9, 2010, the DOJ issued a findings le…

In 2008, the U.S. Department of Justice (Civil Rights Division, Special Litigation Section) launched an investigation into the treatment of individuals with mental illness in the Delaware Psychiatric Center (DPC), a state hospital. The investigation was later expanded to assess the state's liability under the Americans with Disabilities Act (ADA) and its integration mandate under the Supreme Court precedent Olmstead v. L.C., 527 U.S. 581 (1999).

On November 9, 2010, the DOJ issued a findings letter documenting violations of both the ADA and the U.S. Constitution. DOJ found that, in violation of the ADA, individuals were unnecessarily institutionalized when community placement would be appropriate, and that individuals with mental illness living in the community were placed at risk of unnecessary institutionalization. DOJ also found "inadequate risk assessments; inadequate mental health treatment, especially the failure to provide appropriate behavioral interventions for individuals with identified risks; inadequate restraint and seclusion practices; inadequate investigations of serious incidents; and inadequate discharge planning/community integration to ensure individuals live in the most integrated setting."

Following negotiations, the United States filed a complaint and settlement agreement concurrently in July 2011. The U.S. District Court for the District of Delaware (Judge Leonard Stark) approved this consent decree on July 15. As part of the agreement, the state of Delaware agreed to augment its services to keep individuals with mental illness out of institutions, create additional supports, and reform the conditions at DPC to remedy constitutional violations. Delaware also agreed to create a crisis system to divert individuals from being hospitalized unnecessarily; develop case management and additional community supports; and support integrated housing options. The agreement was designed to reduce the institutionalized population by half and to replace institution-based services with Medicaid-reimbursable community-based services.

In accordance with the agreement, a Court Monitor filed reports on the State's progress through 2016. On October 6, 2016, the parties jointly moved to dismiss the case. The parties' brief noted that the State had greatly improved its services for people with serious mental illness; expanded its capacity to deliver those services; and reduced its reliance on segregative institutions. Furthermore, the State had enacted legislation aimed at ensuring it could continue improving its outcomes for people with mental illness absent court supervision. As of that date, the State was in full compliance with the agreement.

Accordingly, on October 11, 2016, Judge Stark dismissed the case.

Summary Authors

Beth Kurtz (10/26/2012)

Lauren Latterell Powell (11/5/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4219401/parties/united-states-v-state-of-delaware/


Judge(s)

Stark, Leonard Philip (Delaware)

Attorneys(s) for Plaintiff

Bagenstos, Samuel R. (District of Columbia)

Barkoff, Alison (District of Columbia)

Bohan, Mary (District of Columbia)

Deutsch, David (District of Columbia)

Fox, Deena (District of Columbia)

Gupta, Vanita (District of Columbia)

Hill, Eve L. (District of Columbia)

Kelly, Elizabeth C. (District of Columbia)

Perez, Thomas E. (District of Columbia)

Judge(s)

Stark, Leonard Philip (Delaware)

Attorneys(s) for Plaintiff

Bagenstos, Samuel R. (District of Columbia)

Barkoff, Alison (District of Columbia)

Bohan, Mary (District of Columbia)

Deutsch, David (District of Columbia)

Fox, Deena (District of Columbia)

Gupta, Vanita (District of Columbia)

Hill, Eve L. (District of Columbia)

Kelly, Elizabeth C. (District of Columbia)

Perez, Thomas E. (District of Columbia)

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

Rosenbaum, Steven H. (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Wilson, Ryan C (District of Columbia)

Attorneys(s) for Defendant

Durstein, Ralph K. (Delaware)

Goldstein, Aaron R. (Delaware)

Goncher, Sarah Fishman (Delaware)

Kirshon, Ilona (Delaware)

Lewis, Lawrence (Delaware)

Tweedie, Meredith Stewart (Delaware)

Documents in the Clearinghouse

Document

1:11-cv-00591

Docket [PACER]

U.S. v. Delaware

Feb. 9, 2017

Feb. 9, 2017

Docket

Department of Justice Letter of Findings

No Court

Nov. 9, 2010

Nov. 9, 2010

Findings Letter/Report
7

1:11-cv-00591

Settlement Agreement

July 6, 2011

July 6, 2011

Settlement Agreement
1

1:11-cv-00591

Complaint

United States of America v. State of Delaware

July 6, 2011

July 6, 2011

Complaint

DOJ Press Release

No Court

July 6, 2011

July 6, 2011

Press Release
6

1:11-cv-00591

Order Entering Settlement Agreement

July 15, 2011

July 15, 2011

Settlement Agreement
25

1:11-cv-00591

First Report of The Court Monitor on Progress Toward Compliance With The Settlement Agreement: U.S. v. State of Delaware

Jan. 30, 2012

Jan. 30, 2012

Magistrate Report/Recommendation
45

1:11-cv-00591

Second Report of The Court Monitor on Progress Toward Compliance With The Settlement Agreement: U.S. v. State of Delaware

Sept. 5, 2012

Sept. 5, 2012

Magistrate Report/Recommendation
64

1:11-cv-00591

Third Report of The Court Monitor on Progress Toward Compliance With The Agreement: U.S. v. State of Delaware

March 8, 2013

March 8, 2013

Magistrate Report/Recommendation
87

1:11-cv-00591

Corrected Fourth Report of The Court Monitor on Progress Toward Compliance With The Agreement: U.S. v. State of Delaware

Sept. 24, 2013

Sept. 24, 2013

Magistrate Report/Recommendation

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4219401/united-states-v-state-of-delaware/

Last updated Aug. 25, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed against State of Delaware - Magistrate Consent Notice to Pltf. - filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(dlk) (Entered: 07/06/2011)

1 Civil Cover Sheet

View on PACER

July 6, 2011

July 6, 2011

RECAP
2

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction (Received at time of filing over the counter) (dlk) (Entered: 07/06/2011)

July 6, 2011

July 6, 2011

PACER
3

ACKNOWLEDGMENT OF RECEIPT of Magistrate Consent Forms (dlk) (Entered: 07/06/2011)

July 6, 2011

July 6, 2011

PACER
4

Joint MOTION For Entry of Settlement Agreement - filed by United States of America. (Attachments: # 1 Text of Proposed Order)(dlk) (Entered: 07/06/2011)

1 Text of Proposed Order

View on PACER

July 6, 2011

July 6, 2011

PACER
5

(PROPOSED) SETTLEMENT AGREEMENT by State of Delaware, United States of America. (dlk) (Entered: 07/06/2011)

July 6, 2011

July 6, 2011

PACER
6

ORDER granting 4 Joint Motion for Entry of Settlement Agreement. Signed by Judge Leonard P. Stark on 7/15/11. (ntl) (Entered: 07/18/2011)

July 18, 2011

July 18, 2011

RECAP
7

SO ORDERED re 5 Settlement Agreement filed by State of Delaware, United States of America. Signed by Judge Leonard P. Stark on 7/15/11. (ntl) (Entered: 07/18/2011)

July 18, 2011

July 18, 2011

RECAP
8

Letter to The Honorable Leonard P. Stark from Aaron R. Goldstein, DAG regarding Monitor's proposed budget - re 7 Order, 5 Settlement Agreement. (Attachments: # 1 Exhibit Exhibit A - Budget Proposal)(Goldstein, Aaron) (Entered: 08/25/2011)

1 Exhibit Exhibit A - Budget Proposal

View on PACER

Aug. 25, 2011

Aug. 25, 2011

PACER
9

ORAL ORDER: Having reviewed the letter submission of August 25, 2011 (D.I. 8 ), IT IS HEREBY ORDERED that the Monitor's proposed budget, contained in Exhibit A to the letter submission, is APPROVED. The State need not file any responsive pleading to the complaint. ORDERED by Judge Leonard P. Stark on 8/29/11. (ntl) (Entered: 08/29/2011)

Aug. 29, 2011

Aug. 29, 2011

PACER
10

MOTION to Deposit Funds - filed by State of Delaware. (Goldstein, Aaron) (Entered: 09/07/2011)

Sept. 7, 2011

Sept. 7, 2011

PACER
11

ORDER granting 10 Motion to Deposit Funds. Signed by Judge Leonard P. Stark on 9/7/11. (ntl) (Entered: 09/08/2011)

Sept. 8, 2011

Sept. 8, 2011

PACER
12

Letter to The Honorable Leonard P. Stark from Aaron R. Goldstein, Deputy Attorney General regarding deposit of funds - re 11 Order on Motion to Deposit Funds. (Attachments: # 1 receipt of deposit)(Goldstein, Aaron) (Entered: 09/09/2011)

1 receipt of deposit

View on PACER

Sept. 9, 2011

Sept. 9, 2011

PACER
13

ORDER granting the July/August 2011 invoice for court monitor services of Robert Bernstein, Ph.D.. Signed by Judge Leonard P. Stark on 10/6/11. (ntl) (Entered: 10/06/2011)

Oct. 6, 2011

Oct. 6, 2011

PACER
14

ORDER granting the September 2011 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 10/6/11. (ntl) (Entered: 10/06/2011)

Oct. 6, 2011

Oct. 6, 2011

PACER
15

Letter to The Honorable Leonard P. Stark from Aaron R. Goldstein, Deputy Attorney General regarding deposit of replenishment funds - re 11 Order on Motion to Deposit Funds. (Attachments: # 1 receipt of deposit)(Goldstein, Aaron) (Entered: 10/26/2011)

1 receipt of deposit

View on PACER

Oct. 26, 2011

Oct. 26, 2011

PACER
16

ORDER granting the October 2011 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 11/14/11. (ntl) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER
17

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order 16 . (ntl) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

PACER
18

Letter to The Honorable Leonard P. Stark from Aaron R. Goldstein, Deputy Attorney General regarding acknowledging the deposit of funds. (Goldstein, Aaron) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
19

ORDER Granting the 12/16/11 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 12/19/11. (ntl) (Entered: 12/20/2011)

Dec. 20, 2011

Dec. 20, 2011

PACER
20

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 19 . (ntl) (Entered: 12/22/2011)

Dec. 22, 2011

Dec. 22, 2011

PACER
21

Letter to The Honorable Leonard P. Stark from Deputy Attorney General Aaron R. Goldstein regarding deposit of funds - re 11 Order on Motion to Deposit Funds. (Goldstein, Aaron) (Entered: 01/09/2012)

Jan. 9, 2012

Jan. 9, 2012

PACER
22

ORDER Granting the 1/9/12 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 1/10/12. (ntl) (Entered: 01/10/2012)

Jan. 10, 2012

Jan. 10, 2012

PACER
23

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 22 . (ntl) (Entered: 01/13/2012)

Jan. 13, 2012

Jan. 13, 2012

PACER
24

Letter to The Honorable Leonard P. Stark from Aaron r. Goldstein, Deputy Attorney General regarding deposit of additional funds - re 11 Order on Motion to Deposit Funds. (Goldstein, Aaron) (Entered: 01/20/2012)

Jan. 20, 2012

Jan. 20, 2012

PACER
25

First Report of the Court Monitor Robert Bernstein, Ph.D. (ntl) (Entered: 01/30/2012)

Jan. 30, 2012

Jan. 30, 2012

PACER
26

ORDER Granting the 2/8/12 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 2/9/12. (ntl) (Entered: 02/10/2012)

Feb. 10, 2012

Feb. 10, 2012

PACER
27

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 26 . (ntl) (Entered: 02/14/2012)

Feb. 14, 2012

Feb. 14, 2012

PACER
28

ORDER Granting the 3/5/12 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 3/19/12. (ntl) (Entered: 03/19/2012)

March 19, 2012

March 19, 2012

PACER
29

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 28 . (ntl) (Entered: 03/22/2012)

March 22, 2012

March 22, 2012

PACER
30

Letter to The Honorable Leonard P. Stark from Aaron R. Goldstein regarding deposit of additional funds - re 11 Order on Motion to Deposit Funds. (Goldstein, Aaron) (Entered: 03/23/2012)

March 23, 2012

March 23, 2012

PACER
31

ORDER Granting the 4/9/12 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 4/16/12. (ntl) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
32

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 31 . (ntl) (Entered: 04/19/2012)

April 18, 2012

April 18, 2012

PACER
33

Letter to The Honorable Leonard P. Stark from Aaron R. Goldstein, Deputy Attorney General regarding deposit of additional funds - re 11 Order on Motion to Deposit Funds. (Goldstein, Aaron) (Entered: 05/03/2012)

May 3, 2012

May 3, 2012

PACER
34

ORDER Granting the 5/9/12 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 5/16/12. (ntl) (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
35

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 34 . (ntl) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

PACER
36

Letter to The Honorable Leonard P. Stark from Ilona M. Kirshon regarding deposit of additional funds - re 11 Order on Motion to Deposit Funds. (Goldstein, Aaron) (Entered: 06/19/2012)

June 19, 2012

June 19, 2012

PACER
37

ORDER Granting the 6/6/12 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 6/19/12. (ntl) (Entered: 06/19/2012)

June 19, 2012

June 19, 2012

PACER
38

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 37 . (ntl) (Entered: 06/20/2012)

June 20, 2012

June 20, 2012

PACER
39

ORDER Granting the 7/5/12 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 7/12/12. (ntl) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

PACER
40

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 39 . (ntl) (Entered: 07/17/2012)

July 17, 2012

July 17, 2012

PACER
41

Letter to The Honorable Leonard P. Stark from Ilona M. Kirshon regarding depositi of additional funds - re 11 Order on Motion to Deposit Funds. (Kirshon, Ilona) (Entered: 08/13/2012)

Aug. 13, 2012

Aug. 13, 2012

PACER
42

ORDER Granting the 8/11/12 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 8/21/12.(ntl) (Entered: 08/21/2012)

Aug. 21, 2012

Aug. 21, 2012

PACER
43

Letter to The Honorable Leonard P. Stark from Ilona M. Kirshon regarding deposit of funds - re 11 Order on Motion to Deposit Funds. (Kirshon, Ilona) (Entered: 08/22/2012)

Aug. 22, 2012

Aug. 22, 2012

PACER
44

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 42 . (ntl) (Entered: 08/23/2012)

Aug. 22, 2012

Aug. 22, 2012

PACER
45

Second Report of the Court Monitor Robert Bernstein, Ph.D. (ntl) (Entered: 09/05/2012)

Sept. 5, 2012

Sept. 5, 2012

PACER
46

ORDER Granting the 9/3/12 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 9/18/12. (ntl) (Entered: 09/18/2012)

Sept. 18, 2012

Sept. 18, 2012

PACER
47

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 46 . (ntl) (Entered: 09/20/2012)

Sept. 20, 2012

Sept. 20, 2012

PACER
48

Letter to The Honorable Leonard P. Stark from Aaron R. Goldstein, Deputy Attorney General regarding deposit of additional funds - re 11 Order on Motion to Deposit Funds. (Goldstein, Aaron) (Entered: 10/18/2012)

Oct. 18, 2012

Oct. 18, 2012

PACER
49

ORDER Granting the 10/14/12 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 10/24/12. (ntl) (Entered: 10/25/2012)

Oct. 25, 2012

Oct. 25, 2012

PACER
50

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 49 . (ntl) (Entered: 10/31/2012)

Oct. 31, 2012

Oct. 31, 2012

PACER
51

Letter to The Honorable Leonard P. Stark from Deputy Attorney General Aaron R. Goldstein regarding deposit of additional funds - re 49 Order. (Goldstein, Aaron) (Entered: 11/05/2012)

Nov. 5, 2012

Nov. 5, 2012

PACER
52

ORDER Granting the 11/12/12 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 11/16/12. (ntl) (Entered: 11/16/2012)

Nov. 16, 2012

Nov. 16, 2012

PACER
53

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 52 . (ntl) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

PACER
54

Letter to The honorable Leonard P. Stark from Aaron R. Goldstein regarding deposit of Additional Funds - re 11 Order on Motion to Deposit Funds, 52 Order. (Goldstein, Aaron) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

PACER
55

ORDER Granting the 12/9/12 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 12/21/12. (ntl) (Entered: 12/21/2012)

Dec. 21, 2012

Dec. 21, 2012

PACER
56

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 55 . (ntl) (Entered: 01/04/2013)

Jan. 3, 2013

Jan. 3, 2013

PACER
57

ORDER Granting the 1/6/13 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 1/9/13. (ntl) (Entered: 01/09/2013)

Jan. 9, 2013

Jan. 9, 2013

PACER
58

Letter to The Honorable Leonard P. Stark from Aaron R. Goldstein regarding deposit of additional funds - re 55 Order. (Goldstein, Aaron) (Entered: 01/10/2013)

Jan. 10, 2013

Jan. 10, 2013

PACER
59

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 57 . (ntl) (Entered: 01/17/2013)

Jan. 17, 2013

Jan. 17, 2013

PACER
60

Letter to The Honorable Leonard P. Stark from Aaron R. Goldstein, DAG regarding deposit of additional funds - re 57 Order. (Goldstein, Aaron) (Entered: 01/30/2013)

Jan. 30, 2013

Jan. 30, 2013

PACER
61

ORDER Granting the 2/2/13 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 2/7/13. (ntl) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
62

Remark: Pursuant to the Standing Order of the Court (attached) dated January 18, 2013, the registry funds on deposit in this matter have been transferred to the Court Registry Investment System (CRIS). (dms, ) (Entered: 02/20/2013)

Feb. 13, 2013

Feb. 13, 2013

PACER
63

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 61 . (ntl) (Entered: 02/21/2013)

Feb. 21, 2013

Feb. 21, 2013

PACER
64

Third Report of the Court Monitor Robert Bernstein, Ph.D. (ntl) (Entered: 03/14/2013)

March 14, 2013

March 14, 2013

PACER
65

Letter to The Honorable Leonard P. Stark from Aaron R. Goldstein regarding deposit of additional funds - re 61 Order. (Goldstein, Aaron) (Entered: 03/14/2013)

March 14, 2013

March 14, 2013

PACER
66

ORDER Granting the 3/6/13 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 3/15/13. (ntl) (Entered: 03/15/2013)

March 15, 2013

March 15, 2013

PACER
67

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 66. (ntl) (Entered: 03/21/2013)

March 21, 2013

March 21, 2013

PACER
68

Letter to The Honorable Leonard P. Stark from Aaron R. Goldstein, Deputy Attorney General regarding deposit of additional funds - re 66 Order. (Goldstein, Aaron) (Entered: 04/10/2013)

April 10, 2013

April 10, 2013

PACER
69

ORDER Granting the 4/1/13 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 4/12/13. (ntl) (Entered: 04/12/2013)

April 12, 2013

April 12, 2013

PACER
70

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 69. (ntl) (Entered: 04/18/2013)

April 18, 2013

April 18, 2013

PACER
71

Letter to The Honorable Leonard P. Stark from Aaron R. Goldstein, Deputy Attorney General regarding deposit of additional funds - re 69 Order. (Goldstein, Aaron) (Entered: 05/07/2013)

May 7, 2013

May 7, 2013

PACER
72

ORDER Granting the 5/5/13 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 5/15/13. (ntl) (Entered: 05/16/2013)

May 16, 2013

May 16, 2013

PACER
73

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 72. (ntl) (Entered: 05/24/2013)

May 24, 2013

May 24, 2013

PACER
74

Letter to The Honorable Leonard P. Stark from Aaron R. Goldstein regarding deposit of additional funds - re 72 Order. (Goldstein, Aaron) (Entered: 06/12/2013)

June 12, 2013

June 12, 2013

PACER
75

ORDER Granting the 6/9/13 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 6/18/13. (ntl) (Entered: 06/19/2013)

June 19, 2013

June 19, 2013

PACER
76

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 75 . (ntl) (Entered: 06/27/2013)

June 27, 2013

June 27, 2013

PACER
77

ORDER Granting the 7/7/13 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 7/12/13. (ntl) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

PACER
78

Letter Letter to The Honorable Leonard P. Stark from Deputy Attorney General Meredith Stewart Tweedie regarding U.S. v. Delaware, C.A. No.: 11-00591-LPS Third Year Budget. (Attachments: # 1 Exhibit Third-Year Budget - July 8, 2013)(Tweedie, Meredith) (Entered: 07/23/2013)

1 Exhibit Third-Year Budget - July 8, 2013

View on PACER

July 23, 2013

July 23, 2013

PACER
79

Letter to The Honorable Leonard P. Stark from Aaron R. Goldstein regarding deposit of additional funds - re 75 Order. (Goldstein, Aaron) (Entered: 07/24/2013)

July 24, 2013

July 24, 2013

PACER
80

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 77 . (ntl) (Entered: 07/26/2013)

July 26, 2013

July 26, 2013

PACER
81

Letter to The Honorable Leonard P. Stark from Aaron R. Goldstein regarding deposit of additional funds - re 77 Order. (Goldstein, Aaron) (Entered: 08/08/2013)

Aug. 8, 2013

Aug. 8, 2013

PACER
82

ORDER Granting the 8/4/13 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 8/19/13. (ntl) (Entered: 08/20/2013)

Aug. 20, 2013

Aug. 20, 2013

PACER
83

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 82 . (ntl) (Entered: 08/22/2013)

Aug. 22, 2013

Aug. 22, 2013

PACER
84

ORDER Granting the 9/2/13 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 9/5/13. (ntl) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

PACER
85

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 84 . (ntl) (Entered: 09/13/2013)

Sept. 13, 2013

Sept. 13, 2013

PACER
86

FOURTH REPORT of the Court Monitor by Robert Bernstein, Ph.D. (ntl) (Entered: 09/17/2013)

Sept. 17, 2013

Sept. 17, 2013

PACER
87

CORRECTED FOURTH REPORT of the Court Monitor by Robert Bernstein, Ph.D. (ntl) (Entered: 09/24/2013)

Sept. 24, 2013

Sept. 24, 2013

PACER
88

ORDER Granting the 10/6/13 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 10/9/13. (ntl) (Entered: 10/10/2013)

Oct. 10, 2013

Oct. 10, 2013

PACER
89

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 88 . (ntl) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER
90

ORDER Granting the 11/9/13 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 11/18/13. (ntl) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

PACER
91

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 90 . (ntl) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

PACER
92

Letter to The Honorable Leonard P. Stark from Aaron R. Goldstein regarding deposit of additional funds - re 88 Order, 90 Order, 84 Order. (Goldstein, Aaron) (Entered: 12/09/2013)

Dec. 9, 2013

Dec. 9, 2013

PACER
93

ORDER Granting the 12/1/13 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 12/16/13. (ntl) (Entered: 12/16/2013)

Dec. 16, 2013

Dec. 16, 2013

PACER
94

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 93 . (ntl) (Entered: 12/19/2013)

Dec. 19, 2013

Dec. 19, 2013

PACER
95

ORDER Granting the 1/5/14 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 1/16/14. (ntl) (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

PACER
96

Letter to The Honorable Leonard P. Stark from Meredith Stewart Tweedie regarding deposit of additional funds - re 93 Order. (Tweedie, Meredith) (Entered: 01/17/2014)

Jan. 17, 2014

Jan. 17, 2014

PACER
97

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 95 . (ntl) (Entered: 01/28/2014)

Jan. 28, 2014

Jan. 28, 2014

PACER
98

Letter to The Honorable Leonard P. Stark from Meredith Stewart Tweedie regarding deposit of additional funds - re 95 Order. (Tweedie, Meredith) (Entered: 02/11/2014)

Feb. 11, 2014

Feb. 11, 2014

PACER
99

ORDER Granting the 2/9/14 invoice for court monitor services of Robert Bernstein, Ph.D. Signed by Judge Leonard P. Stark on 2/21/14. (ntl) (Entered: 02/21/2014)

Feb. 21, 2014

Feb. 21, 2014

PACER
100

Remark: A registry interim payment was made to the Court Monitor in accordance with the Order at D.I. 99 . (ntl) (Entered: 02/27/2014)

Feb. 27, 2014

Feb. 27, 2014

PACER

Case Details

State / Territory: Delaware

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: July 6, 2011

Closing Date: Oct. 11, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The U.S. Department of Justice launched this investigation and settlement negotiations on behalf of individuals with mental illness in Delaware.

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

Delaware, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

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

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

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: 2011 - 2016

Content of Injunction:

Discrimination Prohibition

Monitor/Master

Monitoring

Reasonable Accommodation

Reporting

Issues

General:

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Deinstitutionalization/decarceration

Discharge & termination plans

Habilitation (training/treatment)

Incident/accident reporting & investigations

Individualized planning

Neglect by staff

Placement in mental health facilities

Restraints : chemical

Restraints : physical

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Integrated setting

Least restrictive environment

Mental impairment

Mental Disability:

Depression

Mental Illness, Unspecified

Schizophrenia

Medical/Mental Health:

Mental health care, general

Mental health care, unspecified

Type of Facility:

Government-run

Benefit Source:

Medicaid