Case: Jones v. Gov't of Virgin Islands

1:84-cv-00047 | 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)

Attorney for Plaintiff

Headley-Lamont, Amelia (Virgin Islands)

Jennings, Archie (Virgin Islands)

Attorney for Defendant

Roach, Tregenza A (Virgin Islands)

Thomas-Jacobs, Carol (Virgin Islands)

Documents in the Clearinghouse

1:84-cv-00047

Docket [PACER]

Jones, Nadine v. Government of The Virgin Islands

March 14, 2012

March 14, 2012

Docket

Docket

Last updated March 27, 2025, 8:42 a.m.

ECF Number Date Description Link
Feb. 8, 1984

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

PACER
210 Jan. 24, 1996

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

PACER
210 Jan. 24, 1996

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

PACER
211 Jan. 31, 1996

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

PACER
212 Feb. 5, 1996

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

PACER
213 March 1, 1996

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

PACER
214 March 1, 1996

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

PACER
215 March 1, 1996

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

PACER
216 March 21, 1996

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

PACER
216 March 21, 1996

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

PACER
217 June 3, 1996

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

PACER
218 June 4, 1996

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

PACER
220 June 5, 1996

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

PACER
221 June 5, 1996

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

PACER
219 June 12, 1996

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

PACER
222 June 14, 1996

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

PACER
223 June 21, 1996

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)

PACER
224 July 15, 1996

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

PACER
225 Oct. 10, 1996

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

PACER
226 Oct. 10, 1996

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

PACER
227 Oct. 10, 1996

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)

PACER
228 Oct. 17, 1996

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

PACER
229 Oct. 30, 1996

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

PACER
230 Jan. 6, 1997

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

PACER
231 Feb. 21, 1997

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

PACER
232 Feb. 21, 1997

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

PACER
234 Feb. 21, 1997

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

PACER
235 Feb. 25, 1997

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

PACER
236 March 10, 1997

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

PACER
237 March 10, 1997

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

PACER
238 March 10, 1997

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

PACER
239 March 10, 1997

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

PACER
240 March 10, 1997

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

PACER
240 April 7, 1997

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

PACER
240 April 7, 1997

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

PACER
241 May 15, 1997

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

PACER
242 June 3, 1997

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

PACER
243 June 6, 1997

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

PACER
244 June 20, 1997

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

PACER
245 July 30, 1997

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

PACER
246 July 30, 1997

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

PACER
247 Sept. 4, 1997

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

PACER
248 Nov. 20, 1997

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

PACER
249 Nov. 20, 1997

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

PACER
250 Dec. 22, 1997

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

PACER
251 Feb. 24, 1998

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

PACER
252 March 16, 1998

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

PACER
253 May 6, 1998

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

PACER
254 May 13, 1998

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)

PACER
255 June 22, 1998

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

PACER
256 Aug. 31, 1998

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

PACER
257 Sept. 4, 1998

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)

PACER
259 Sept. 28, 1998

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

PACER
260 Oct. 7, 1998

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

PACER
260 Oct. 9, 1998

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

PACER
260 Oct. 9, 1998

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

PACER
261 Oct. 16, 1998

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

PACER
262 Nov. 13, 1998

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)

PACER
263 Feb. 29, 2000

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)

PACER
264 May 19, 2000

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

PACER
265 May 25, 2000

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)

PACER
266 June 8, 2000

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

PACER
267 May 18, 2001

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

PACER
268 June 12, 2001

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

PACER
268 June 12, 2001

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

PACER
269 July 9, 2001

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

PACER
270 Sept. 12, 2001

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)

PACER
270 Sept. 12, 2001

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)

PACER
271 Sept. 12, 2001

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

PACER
271 Sept. 12, 2001

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

PACER
272 Sept. 17, 2001

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

PACER
273 Sept. 21, 2001

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)

PACER
274 Sept. 27, 2001

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

PACER
276 Oct. 3, 2001

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

PACER
275 Oct. 4, 2001

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

PACER
278 Oct. 4, 2001

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

PACER
279 Oct. 9, 2001

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

PACER
280 Oct. 9, 2001

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

PACER
281 Oct. 9, 2001

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

PACER
284 Oct. 12, 2001

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

PACER
285 Oct. 15, 2001

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

PACER
285 Nov. 21, 2001

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

PACER
286 Nov. 28, 2001

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

PACER
287 Dec. 20, 2001

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

PACER
288 March 21, 2003

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)

PACER
289 April 4, 2003

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

PACER
290 July 28, 2003

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)

PACER
291 July 30, 2003

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

PACER
292 Nov. 18, 2004

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

PACER
293 Nov. 18, 2004

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

PACER
294 Nov. 18, 2004

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

PACER
295 Dec. 10, 2004

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

PACER
296 Feb. 2, 2005

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

PACER
297 Feb. 11, 2005

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

PACER
298 Feb. 11, 2005

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

PACER
299 Feb. 25, 2005

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

PACER
300 March 9, 2005

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

PACER
301 March 14, 2005

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

PACER
302 March 14, 2005

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

PACER
303 May 13, 2005

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)

PACER

Case Details

State / Territory:

Virgin Islands

Case Type(s):

Education

Healthcare Access and Reproductive Issues

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

State

Government of the Virgin Islands

Defendant Type(s):

Elementary/Secondary School

Facility Type(s):

Government-run

Case Details

Other Dockets:

District Court of the Virgin Islands 1:84-cv-00047

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

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

Preliminary relief denied

Remedial education

Student assignment

Issues

General/Misc.:

Individualized planning

Disability and Disability Rights:

Disability, unspecified

Mental impairment

Special education

Recommended Citation