Case: Jones v. Gov't of Virgin Islands

1:84-cv-00047 | U.S. District Court for the District Court of the Virgin Islands

Filed Date: Feb. 8, 1984

Clearinghouse coding complete

Case Summary

On February 8, 1984, a student with disabilities filed suit in the U.S. District Court for the District of the Virgin Islands against the Government of the Virgin Islands for failure to provide a free and appropriate education by not adhering to her individualized education plan (IEP) or providing related services. The plaintiff was represented by private counsel and the Disability Rights Center of the Virgin Islands, an advocacy organization created by Congress. Discovery took place for over t…

On February 8, 1984, a student with disabilities filed suit in the U.S. District Court for the District of the Virgin Islands against the Government of the Virgin Islands for failure to provide a free and appropriate education by not adhering to her individualized education plan (IEP) or providing related services. The plaintiff was represented by private counsel and the Disability Rights Center of the Virgin Islands, an advocacy organization created by Congress.

Discovery took place for over ten years. On September 21, 2001 the plaintiff moved for a temporary restraining order and a preliminary injunction to enjoin the defendant from failing to provide appropriate personnel to administer psychological services. Discovery continued for several more years. The plaintiff again moved for a preliminary injunction for the same reasons on February 11, 2005. Neither of these motions were granted.

The Court finally entered a consent decree negotiated by the parties on February 20, 2007. As per the Disability Studies Quarterly, the decree required the defendant to meet Virgin Islands Family Information Network on Disabilities (USVI Child Find) requirements when referring students for special education services; develop new procedures for evaluation and eligibility for special education services; and institute a faster IEP implementation process.

The plaintiff moved to reopen the case on June 7, 2011, but this motion was denied by the Court as moot on March 14, 2012.

We do not know how long the consent decree was set to last, but there has been no further activity on the docket as of April 2020, and the case is presumably now closed.

Summary Authors

Stella Cernak (5/18/2014)

Jonah Feitelson (4/9/2020)

People


Judge(s)

Gomez, Curtis V. (Virgin Islands)

Attorneys(s) for Plaintiff

Headley-Lamont, Amelia (Virgin Islands)

Jennings, Archie (Virgin Islands)

Attorneys(s) for Defendant

Roach, Tregenza A (Virgin Islands)

Thomas-Jacobs, Carol (Virgin Islands)

Judge(s)

Gomez, Curtis V. (Virgin Islands)

Attorneys(s) for Plaintiff

Headley-Lamont, Amelia (Virgin Islands)

Jennings, Archie (Virgin Islands)

Attorneys(s) for Defendant

Roach, Tregenza A (Virgin Islands)

Thomas-Jacobs, Carol (Virgin Islands)

Documents in the Clearinghouse

Document

Docket [PACER]

Jones, Nadine v. Government of The Virgin Islands

March 14, 2012 Docket

Docket

Last updated May 12, 2022

ECF Number Description Date Link

Jams Calendar Events (Entered: 02/08/1984)

Feb. 8, 1984
210

SEE DOCKET CARD FOR PREVIOUS ENTRIES (Entered: 01/24/1996)

Jan. 24, 1996
210

TRANSCRIPT of hearing held on 8/31/95 filed by V. Lawrence (Entered: 01/24/1996)

Jan. 24, 1996
211

ORDER (GWB) on pretrial conference held on 1/26/96 cc attys eod 01/31/96 (Entered: 01/31/1996)

Jan. 31, 1996
212

PROPOSED findings of fact and conclusion of law by pltf (Entered: 02/05/1996)

Feb. 5, 1996
213

COURTROOM MINUTES eod 03/07/96 (Entered: 03/01/1996)

March 1, 1996
214

EXHIBIT #1 AND 2 SUBMITTED BY PLTF (Entered: 03/01/1996)

March 1, 1996
215

AFFIDAVIT of Jessica Claxton eod 03/18/96 [MWR] (Entered: 03/01/1996)

March 1, 1996
216

PROPOSED findings of fact and conclusions of law by pltf eod 03/21/96 [MWR] (Entered: 03/21/1996)

March 21, 1996
216

VOLUME (6) SIX eod 03/22/96 [MWR] (Entered: 03/21/1996)

March 21, 1996
217

EXHIBIT pltf eod 06/04/96 [MWR] (Entered: 06/03/1996)

June 3, 1996
218

PROPOSED findings of fact and conclusions of law py pltf eod 06/05/96 [MWR] (Entered: 06/04/1996)

June 4, 1996
220

COURTROOM MINUTES eod 06/14/96 [MWR] (Entered: 06/05/1996)

June 5, 1996
221

EXHIBIT list from hearing held in St. Thomas on 6/7/96 eod 06/14/96 [MWR] (Entered: 06/05/1996)

June 5, 1996
219

PROPOSED findings of fact and conclusions of law by pltf eod 06/13/96 [MWR] (Entered: 06/12/1996)

June 12, 1996
222

STIPULATION of counsel eod 06/14/96 [MWR] (Entered: 06/14/1996)

June 14, 1996
223

COURTROOM MINUTES (GWB) matter came on for status conference. Next status report 6/28/96 9:00am via Telephone (Reporter V. Lawrence) eod 06/21/96 [MWR] (Entered: 06/21/1996)

June 21, 1996
224

PROPOSED findng of fact and conclusion of law eod 07/15/96 [MWR] (Entered: 07/15/1996)

July 15, 1996
225

EXHIBIT by pltf eod 10/10/96 [MWR] (Entered: 10/10/1996)

Oct. 10, 1996
226

PROPOSED findings of fact and conclusion of law eod 10/10/96 [MWR] (Entered: 10/10/1996)

Oct. 10, 1996
227

ORDER ASSIGNS CONF to 10/11/96 at 10:00AM Room 295 (GWB) c/m hearing was also held on St. Thomas on 10/4/96 cc attys eod 10/10/96 [MWR] (Entered: 10/10/1996)

Oct. 10, 1996
228

EXHIBIT by pltf eod 10/17/96 [MWR] (Entered: 10/17/1996)

Oct. 17, 1996
229

PROPOSED finding of fact and conclusion of law eod 10/30/96 [MWR] (Entered: 10/30/1996)

Oct. 30, 1996
230

AFFIDAVIT of Mearle JnMarie eod 01/06/97 [MWR] (Entered: 01/06/1997)

Jan. 6, 1997
231

EXHIBIT plaintiffs eod 02/21/97 [MWR] (Entered: 02/21/1997)

Feb. 21, 1997
232

RETURN of service of subpoena exec on Francis Brin on 2/10/97 eod 02/21/97 [MWR] (Entered: 02/21/1997)

Feb. 21, 1997
234

RETURN of service of subpoena exec Lune Alexander on 2/12/97 eod 02/21/97 [MWR] (Entered: 02/21/1997)

Feb. 21, 1997
235

AFFIDAVIT of Wayne Petersen eod 02/25/97 [MWR] (Entered: 02/25/1997)

Feb. 25, 1997
236

FINDINGS OF FACT &CONCLUSION OF LAW proposed by pltf eod 03/11/97 [MWR] (Entered: 03/10/1997)

March 10, 1997
237

EXHIBIT by pltf eod 03/11/97 [MWR] (Entered: 03/10/1997)

March 10, 1997
238

AFFIDAVIT of Meena Dadlani eod 03/11/97 [MWR] (Entered: 03/10/1997)

March 10, 1997
239

AFFIDAVIT of Patricia Mortenson eod 03/11/97 [MWR] (Entered: 03/10/1997)

March 10, 1997
240

AFFIDAVIT of Patrice Harley eod 03/11/97 [MWR] (Entered: 03/10/1997)

March 10, 1997
240

COURTROOM MINUTES of 2/27/97 eod 04/07/97 [MWR] (Entered: 04/07/1997)

April 7, 1997
240

COURTROOM MINUTES of 3/21/97 eod 04/07/97 [MWR] (Entered: 04/07/1997)

April 7, 1997
241

MOTION informational by defts eod 05/21/97 [MWR] (Entered: 05/15/1997)

May 15, 1997
242

RETURN of subpoena executed on Francia Brin on 05/28/97 eod 06/03/97 [THT] (Entered: 06/03/1997)

June 3, 1997
243

COURTROOM MINUTES held on 06/6/97 eod 06/06/97 [THT] (Entered: 06/06/1997)

June 6, 1997
244

FINDINGS OF FACT &CONCLUSION OF LAW proposed by pltf eod 06/20/97 [MWR] (Entered: 06/20/1997)

June 20, 1997
245

RETURN of service of subpoena exec on Francis Brin on 7/25/97 eod 07/30/97 [MWR] (Entered: 07/30/1997)

July 30, 1997
246

RETURN of service of subpoena exec on Wynnona Todman on 7/25/97 eod 07/30/97 [MWR] (Entered: 07/30/1997)

July 30, 1997
247

COURTROOM MINUTES of hearing held on 8/29/97 in St. Thomas (Reporter Rivas) eod 09/04/97 [MWR] (Entered: 09/04/1997)

Sept. 4, 1997
248

EXHIBIT by pltf eod 11/20/97 [MWR] (Entered: 11/20/1997)

Nov. 20, 1997
249

FINDINGS OF FACT &CONCLUSION OF LAW proposed by pltf eod 11/20/97 [MWR] (Entered: 11/20/1997)

Nov. 20, 1997
250

FINDINGS OF FACT &CONCLUSION OF LAW proposed by pltf eod 12/23/97 [MWR] (Entered: 12/22/1997)

Dec. 22, 1997
251

COURTROOM MINUTES hearing held on 2/20/98 with Mag. Barnard ct. reporter D. Rivas eod 02/24/98 [MWR] (Entered: 02/24/1998)

Feb. 24, 1998
252

FINDINGS OF FACT &CONCLUSION OF LAW prpopsed by pltf eod 03/18/98 [MWR] (Entered: 03/16/1998)

March 16, 1998
253

NOTICE of serving pltf first set of interrog and request for production to deft eod 05/07/98 [MWR] (Entered: 05/06/1998)

May 6, 1998
254

CT REPORTER'S TRANSCRIPT filed by Chandra R. Kean, on hearing held on 3/27/98 by Mag. Barnard eod 05/14/98 [MWR] (Entered: 05/13/1998)

May 13, 1998
255

EXHIBIT by pltf eod 06/23/98 [MWR] (Entered: 06/22/1998)

June 22, 1998
256

STATEMENT of fact regarding the provision of services under idea by pltf eod 09/01/98 [THT] (Entered: 08/31/1998)

Aug. 31, 1998
257

COURTROOM MINUTES Status Conference (GWB) held, Court continue matter to 10/02/98 on the St. Thomas issue, Court will hear St. Croix issue on 10/09/98 eod 09/15/98 [ABM] (Entered: 09/04/1998)

Sept. 4, 1998
259

RETURN of service of subpeona executed on Edgardo Emeric on 09/24/98 eod 09/28/98 [ABM] (Entered: 09/28/1998)

Sept. 28, 1998
260

EXHIBIT by pltf eod 10/08/98 [MWR] (Entered: 10/07/1998)

Oct. 7, 1998
260

COURTROOM MINUTES (GWB) hearing held in St. Thomas, reporter Persha Warner eod 10/15/98 [MWR] (Entered: 10/09/1998)

Oct. 9, 1998
260

ORDER ASSIGNS HEARING to 10/16/98 at 10:00AM Room 295 (GWB) c/m eod 10/15/98 [MWR] (Entered: 10/09/1998)

Oct. 9, 1998
261

EXHIBIT by pltf eod 10/16/98 [MWR] (Entered: 10/16/1998)

Oct. 16, 1998
262

COURTROOM MINUTES of hearing held by Mag. Barnard in St. Thomas on 11/13/98 reporter D. Rivas eod 11/18/98 [MWR] (Entered: 11/13/1998)

Nov. 13, 1998
263

COURTROOM MINUTES of hearing by Mag. Barnard on 2/25/00 in St. Thomas by Tape 24 and 25 sides one and two eod 02/29/00 [MWR] (Entered: 02/29/2000)

Feb. 29, 2000
264

RETURN of service of subpoena exec on Carlitos Grant on 5/17/00 eod 05/22/00 [MWR] (Entered: 05/19/2000)

May 19, 2000
265

COURTROOM MINUTES of hearing held on 5/19/00 with Mag. Barnard court reporter C. Kean eod 05/25/00 [MWR] (Entered: 05/25/2000)

May 25, 2000
266

COURTROOM MINUTES status confernce held with Mag. Barnard court reporter S. Miller eod 06/09/00 [MWR] (Entered: 06/08/2000)

June 8, 2000
267

COURTROOM MINUTES (GWB) status hearing held eod 05/23/01 [THT] (Entered: 05/18/2001)

May 18, 2001
268

ORDER (JLR) for memorandum and scheduling conference/hearing cc attys eod 06/13/01 [MWR] (Entered: 06/12/2001)

June 12, 2001
268

ORDER ASSIGNS CONF to 07/17/01 at 09:30AM Room 295 (JLR) c/m eod 06/13/01 [MWR] (Entered: 06/12/2001)

June 12, 2001
269

MOTION FOR CONTINUANCE by pltfs eod 07/10/01 [MA] (Entered: 07/09/2001)

July 9, 2001
270

ORDER (JLR) (dated 7/5/01 was not docketed before) granting pltf motion for continuance cc attys eod 09/12/01 [MWR] (Entered: 09/12/2001)

Sept. 12, 2001
270

ORDER ASSIGNS P/T to 09/13/01 at 10:30AM Room 295 (JLR) c/m eod 09/12/01 [MWR] (Entered: 09/12/2001)

Sept. 12, 2001
271

ORDER (JLR) granting pltf motion for continuance cc attys eod 09/13/01 [MWR] (Entered: 09/12/2001)

Sept. 12, 2001
271

ORDER ASSIGNS HEARING to 11/09/01 at 10:00AM Room 295 (JLR) c/m eod 09/13/01 [MWR] (Entered: 09/12/2001)

Sept. 12, 2001
272

MOTION for continuance eod 09/18/01 [MWR] (Entered: 09/17/2001)

Sept. 17, 2001
273

MOTION FOR TRO order and preliminary injunction enjoining defts from failing to provide appropriate personnel to administer psychological services eod 09/24/01 [MWR] (Entered: 09/21/2001)

Sept. 21, 2001
274

ORDER ASSIGNS HEARING to 10/12/01 at 10:00AM Room 295 (TKM) c/m eod 10/01/01 [MWR] (Entered: 09/27/2001)

Sept. 27, 2001
276

MOTION TO QUASH subpoena exec on Rose−Marie Frett Callwood eod 10/11/01 [MWR] (Entered: 10/03/2001)

Oct. 3, 2001
275

NOTICE OF TAKING DEPOSITION of Frett Callwood on 10/4/01 eod 10/10/01 [NAH] (Entered: 10/04/2001)

Oct. 4, 2001
278

ORDER (JLR) denying motion to quash subpoena cc attys eod 10/11/01 [MWR] (Entered: 10/04/2001)

Oct. 4, 2001
279

OPPOSITION by pltf to motion to quash eod 10/11/01 [MWR] (Entered: 10/09/2001)

Oct. 9, 2001
280

RETURN of service of subpoena exec on Frett Callwood on 10/2/01 eod 10/11/01 [MWR] (Entered: 10/09/2001)

Oct. 9, 2001
281

NOTICE OF TAKING DEPOSITION amended eod 10/11/01 [MWR] (Entered: 10/09/2001)

Oct. 9, 2001
284

OPPOSITION to pltf motion for TRO and for preliminary injunction eod 10/12/01 [MWR] (Entered: 10/12/2001)

Oct. 12, 2001
285

COURTROOM MINUTES on motion for TRO and PI with Judge Moore, reporter V. Lawrence eod 10/15/01 [MWR] (Entered: 10/15/2001)

Oct. 15, 2001
285

STIPULATION settlement agreement and consent decree (not signed) eod 11/26/01 [MWR] (Entered: 11/21/2001)

Nov. 21, 2001
286

STIPULATION (TKM) settlement agreement and consent decree entered cc attys eod 11/30/01 [MWR] (Entered: 11/28/2001)

Nov. 28, 2001
287

AFFIDAVIT of Paulette Alexis eod 12/27/01 [MWR] (Entered: 12/20/2001)

Dec. 20, 2001
288

PTC ORDER FROM P/T ON 3/21/03 order entered St. Croix issued will be reviewed on 4/4/03 @ 10am,counsel will report on the matter of qualification of psyc at the hearing cc attys eod 03/26/03 [MWR] (Entered: 03/21/2003)

March 21, 2003
289

COURTROOM MINUTES hearing held with Mag. Barnard, reporter S. Miller eod 04/07/03 [MWR] (Entered: 04/04/2003)

April 4, 2003
290

NOTICE of first set of interrogatories and request for production of documents for employee of deft by pltf eod 07/29/03 [TS] (Entered: 07/28/2003)

July 28, 2003
291

VOLUME (7) SEVEN eod 07/30/03 [TS] (Entered: 07/30/2003)

July 30, 2003
292

RETURN of service exec on Rosalind Knight on 11/15/04 (Entered: 11/18/2004)

Nov. 18, 2004
293

RETURN of service exec on Madelyn Lake−Thomas on 11/15/04 (Entered: 11/18/2004)

Nov. 18, 2004
294

RETURN of service exec on Comm. Noreen Micheal, Ph.D on11/15/04 (Entered: 11/18/2004)

Nov. 18, 2004
295

CTRM. MIN. (GWC) of hearing held on evidentiary via video conference(Ct. Reporter Chandra Kean) present (Entered: 12/10/2004)

Dec. 10, 2004
296

NOTICE regarding application of federal rule 25(D) by deft (Entered: 02/02/2005)

Feb. 2, 2005
297

NOTICE of motion by pltf (Entered: 02/11/2005)

Feb. 11, 2005
298

MOTION for preliminary injunction enjoyining defts from failing to provide appropriate personnel to administer appropriate related services by pltfs (Entered: 02/11/2005)

Feb. 11, 2005
299

OPPOSITION to pltfs motion for preliminary injunction enjoying defts from failing to provide appropriate related services by defts (Entered: 02/25/2005)

Feb. 25, 2005
300

RETURN of service exec on Paulete Holut on 3/3/05 (Entered: 03/09/2005)

March 9, 2005
301

NOTICE of deposition by pltfs (Entered: 03/14/2005)

March 14, 2005
302

NOTICE of deposition by pltfs (Entered: 03/14/2005)

March 14, 2005
303

MINUTES OF PROCEEDINGS held on St. Croix May 13, 2005 before Magistrate Geoffrey W. Barnard. Meeting scheduled for August 26, 2005 at 10:00 A.M. to take place on St. Thomas. V. Lawrence, ct rpt (Entered: 05/13/2005)

May 13, 2005

State / Territory: Virgin Islands

Case Type(s):

Education

Key Dates

Filing Date: Feb. 8, 1984

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

A disabled student whose school failed to adhere to her individualized education plan.

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Government of the Virgin Islands, State

Defendant Type(s):

Elementary/Secondary School

Case Details

Availably Documents:

Trial Court Docket

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: 2007 - None

Content of Injunction:

Preliminary relief denied

Student assignment

Remedial education

Goals (e.g., for hiring, admissions)

Issues

General:

Individualized planning

Special education

Disability:

disability, unspecified

Mental impairment

Type of Facility:

Government-run