Case: United States v. Rhode Island

1:14-cv-00175 | U.S. District Court for the District of Rhode Island

Filed Date: Jan. 6, 2014

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 6, 2014, the Civil Rights Division of the U.S. Department of Justice sent a findings letter to the attorney general for the State of Rhode Island. The letter reported that the Division's investigation of Rhode Island's educational, vocational, and shelter services for persons with intellectual and developmental disabilities (I/DD) found that Rhode Island violated Title II of the Americans with Disabilities Act, by "unjustifiably" isolating persons with intellectual and developmental …

On January 6, 2014, the Civil Rights Division of the U.S. Department of Justice sent a findings letter to the attorney general for the State of Rhode Island. The letter reported that the Division's investigation of Rhode Island's educational, vocational, and shelter services for persons with intellectual and developmental disabilities (I/DD) found that Rhode Island violated Title II of the Americans with Disabilities Act, by "unjustifiably" isolating persons with intellectual and developmental disabilities in sheltered workshops and facility-based day programs.

On April 8, 2014, the Civil Rights Division filed a lawsuit in the U.S. District Court for the District of Rhode Island against the State of Rhode Island under Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131-12134. The DOJ asked the court for declaratory and injunctive relief, alleging that the defendant discriminated against people with I/DD by failing to provide state services in the most integrated setting appropriate to their needs and by putting Rhode Island high school students with I/DD at "serious risk of segregation" by failing to inform them of or provide them with state services that would allow them to work in an integrated workplace. The plaintiff further claimed that Rhode Island failed to reasonably modify its delivery of its services to prevent them from causing unnecessary segregation on the basis of disability.

On the same day that the complaint was filed, both parties submitted a proposed consent decree to settle the lawsuit; presumably, they had been engaged in negotiations since the issuance of the January findings letter.

On April 9, 2014, the District Court (Senior Judge Ronald R. Lugueux) approved a consent decree between the parties that would last for ten years. The Decree required ten outcomes by Rhode Island regarding four target populations.

The four target populations included:

(1) Individuals with I/DD that received day activity services in settings where they perform sheltered workshop tasks, “Sheltered Workshop Target Population.”

(2) Individuals with I/DD that received day activity services in facility-based day program settings, “Day Target Population.”

(3) Individuals with I/DD that were transition-age youth attending a Rhode Island secondary school, “Youth Transition Target Population.”

(4) Individuals with I/DD that were transition age youth who exited a Rhode Island secondary school during the 2013-14, 2014-15, 2015-16 school years, “Youth Exit Target Population.”

The ten outcomes stated:

(1) By January 1, 2015, defendant needed to provide all individuals within the Youth Exit Target Population person-centered planning which will result in career development plans.

(2) By October 1, 2014 and September 1 of every following year, defendant needed to provide all individuals within the Youth Transition Target Population with services necessary to introduce them to work in integrated setting.

(3) Defendant needed to engage in an annual person-centered planning process with all individuals within the Youth Transition Target Population.

(4) Defendant needed to cease placement and funding for new entrants to the facility-based day programs.

(5) By January 1, 2015, defendant needed to provide career development plans for all individuals within the Youth Exit Target Population, and by January 1, 2016, defendant must provide career development plans for all individuals within the Sheltered Workshop and Day Program Target Populations.

(6) Defendant needed to institute a program that provides benefits planning information and counseling to all individuals within the Youth Exit, Sheltered Workshop, and Day Program Target Populations within one year of the individuals’ scheduled transition to supported employment placement and integrated day services.

(7) By September 1, 2014, defendant was to issue a direction to ensure that the Supports Intensity Scale assessment process will be administered with the presumption that individuals with the most severe disabilities can work in integrated settings and receive services. Defendant will also ensure the resource allocation decisions are made in a manner consistent with individuals’ support needs.

(8) Annually, the defendant was to provide Support Employment Placements and Integrated Day Services to all individuals within the Rhode Island Youth Exit Target Population, pursuant to year that group left school. Following this, through January 1, 2019, the defendant will annually provide at least fifty additional individuals within the Sheltered Workshop Target Population with the above services. This figure will then increase to at least one hundred additional individuals annually through January 1, 2024.

(9) Annually, the defendant was to provide Support Employment Placements and Integrated Day Services for individuals in the Day Target Population. At least twenty-five additional individuals annually by 2015 and 2016, at least fifty additional individuals annually in 2017 and 2018, at least seventy-five additional individuals in 2019, at least one hundred additional individuals in 2020, at least 200 additional individuals in 2021 and 2022, and at least 225 additional individuals in 2023.

(10) The defendant was to document for continuous review by the court monitor its efforts to provide the target populations Supported Employment Placements and Individual Day Programs.

Over the next year, defendant made progress and initiated programs related to Outcomes 1-10, issuing the required direction in Outcome 7 in October 2014. However, by April 10, 2015, the defendant had not met any of the deadlines or benchmarks required by the consent decree.

The DOJ determined that additional action was necessary for the defendant to come into compliance with the consent decree, and moved for a proposed order on May 6, 2016, which was granted on May 18, 2016. The order required the defendant to

(1) appropriate additional money in the Governor’s budget for the fiscal year 2017,

(2) create a live database to allow for efficient tracking of each member of the target populations,

(3) provide the plaintiff and the court monitor with access to the database or list of database entries by July 29, 2016 to allow the plaintiff and court monitor to verify progress for individuals within the target populations,

(4) comply with all deadlines within the Consent Decree,

(5) supply additional reports regarding progress with the Consent Decree, and

(6) receive a sanction, after a show-cause hearing coordinated by the court, of $5,000 per day for each provision violated, with an additional payment of $100 per day for each member of a target population whose employment or day services are delayed due to the violation, until the violation is remedied. Each ordered sanction was not to exceed $1,000,000 per year.

The defendant met or conditionally met the court order provisions 1, 2, 3, and 5 by July 29, 2016. Evaluation of provision 4 was deferred.

By October 31, 2016, the defendant was meeting or exceeding the supported employment placement benchmarks for the Sheltered Workshop and Day Target Populations. However, it failed to meet a number of the other benchmarks. Youth Exit Target Population supported employment placements were below consent decree requirements. Career Development Planning for all target populations also fell below required benchmarks . The state also had not met all requirements related to various other outcomes. That said, the court monitor reported that the defendant had made progress in the development of required plans and programs to assist in their compliance with the consent decree.

By July 20, 2017, supported employment placement for the Youth Exit and Sheltered Workshop Target Populations fell below their benchmarks, but the Day Target Population greatly exceeded the benchmark. Career development planning and benefits planning for all target populations remained below the required benchmarks. The defendant had not yet met the integrated day services requirements with regard to target populations. Finally, the defendant had not yet reached provider capacity requirements that would enable the ability to provide the required services of the consent decree. While the defendant had not reached all required benchmarks, the court monitor reported that the defendant continued to make significant progress in the development of required plans and programs to assist in reaching compliance.

Two such programs were a sheltered workshop and a facility-based day service provider, both of which were operated by Community Work Services and Birch Academy.

The Court Monitor’s report on October 29, 2018, showed significant improvement since 2017. Career development planning for members of the Birch Look Back Target Population and the TTP Target Population significantly improved over the past year. TTP target population met its benchmark as acceptable career development plans were increased from 42 to 94%. However, the quality of person-centered career development planning did not increase sufficiently since the previous report. The Court Monitor noted that further action was required to improve employment placements and day services to be more personalized and self-directed. The Youth Exit Population met its benchmark.

On February 14, 2019, the Court Monitor also noted that the Governor’s recommended budget for 2020 appeared adequate to meet funding requirements necessary to comply with the Consent Decree.

Judge McConnell appointed Dr. A. Anthony Antosh to replace the Court Monitor on February 28, 2020. Monitoring continued. On March 18, 2020, in light of the COVD-19 public health emergency, the court ordered the Court Monitor to engage in conversations with the State, providers, family advocates, and the DOJ to make recommendations to the Court on orders that could (1) lessen the administrative burden on providers and the State; (2) assist class members and their families in maneuvering the system and securing essential services; (3) any other recommendations the Court Monitor deems appropriate.

The case is still ongoing as monitoring for the consent decree continues.

Summary Authors

Brian Kempfer (4/13/2014)

Cade Boland (10/27/2017)

Averyn Lee (3/21/2019)

Alex Moody (5/29/2020)

Related Cases

L.C. v. Olmstead, Northern District of Georgia (1995)

United States v. Rhode Island and City of Providence, District of Rhode Island (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4380280/parties/united-states-v-state-of-rhode-island/


Judge(s)

Lagueux, Ronald Rene (Rhode Island)

McConnell, John James Jr. (Rhode Island)

Sullivan, Patricia A. (Rhode Island)

Attorneys(s) for Plaintiff

Romero, Amy Retsinas (Rhode Island)

Thomas, Victoria L (District of Columbia)

Weinstock, Lindsey M. (District of Columbia)

Zeitler, Nicole K. (District of Columbia)

Attorneys(s) for Defendant

Bond, Rebecca B. (District of Columbia)

DeSisto, Marc (Rhode Island)

Kline, Regina (District of Columbia)

Judge(s)

Lagueux, Ronald Rene (Rhode Island)

McConnell, John James Jr. (Rhode Island)

Sullivan, Patricia A. (Rhode Island)

Attorneys(s) for Plaintiff

Romero, Amy Retsinas (Rhode Island)

Thomas, Victoria L (District of Columbia)

Weinstock, Lindsey M. (District of Columbia)

Zeitler, Nicole K. (District of Columbia)

Attorneys(s) for Defendant

Bond, Rebecca B. (District of Columbia)

DeSisto, Marc (Rhode Island)

Kline, Regina (District of Columbia)

Myrus, Richard B. (Rhode Island)

Neronha, Peter F. (Rhode Island)

Expert/Monitor/Master

Moseley, Charles (Vermont)

Documents in the Clearinghouse

Document

1:14-cv-00175

Docket [PACER]

United States v. State of Rhode Island

March 20, 2019

March 20, 2019

Docket

1:14-cv-00175

Findings Letter

USA v. State of RI

No Court

Jan. 6, 2014

Jan. 6, 2014

Findings Letter/Report
1

1:14-cv-00175

Complaint

April 8, 2014

April 8, 2014

Complaint
5

1:14-cv-00175

Consent Decree

USA v. State of RI

April 9, 2014

April 9, 2014

Order/Opinion
7

1:14-cv-00175

Report to the Court Monitor on Progress on Consent Decree 2014-2015

Sept. 17, 2015

Sept. 17, 2015

Monitor/Expert/Receiver Report
10

1:14-cv-00175

Report to the Court Monitor on Progress on Consent Decree 2015

Jan. 20, 2016

Jan. 20, 2016

Monitor/Expert/Receiver Report
14

1:14-cv-00175

Consent Decree Progress Status Update

March 18, 2016

March 18, 2016

Monitor/Expert/Receiver Report
27

1:14-cv-00175

Report of the Court Monitor

April 29, 2016

April 29, 2016

Monitor/Expert/Receiver Report
35

1:14-cv-00175

Order

United States v. State of Rhode Island

May 18, 2016

May 18, 2016

Order/Opinion
38

1:14-cv-00175

Report of the Court Monitor on Defendant's Third Status Report

July 22, 2016

July 22, 2016

Monitor/Expert/Receiver Report

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4380280/united-states-v-state-of-rhode-island/

Last updated May 29, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(Farrell Pletcher, Paula) (Entered: 04/08/2014)

1 Civil Cover Sheet

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April 8, 2014

April 8, 2014

PACER
2

NOTICE of Appearance by Marc DeSisto on behalf of State of Rhode Island. (Farrell Pletcher, Paula) (Entered: 04/08/2014)

April 8, 2014

April 8, 2014

PACER
3

Joint MOTION for Entry of Consent Decree with Supporting Memo filed by United States of America. Responses due by 4/25/2014 (Attachments: # 1 Text of Proposed Order, # 2 Proposed Consent Decree, # 3 Supporting Memorandum)(Kline, Regina) (Entered: 04/08/2014)

1 Text of Proposed Order

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2 Proposed Consent Decree

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3 Supporting Memorandum

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April 8, 2014

April 8, 2014

PACER
4

ORDER granting 3 Joint Motion for entry of consent decree; Consent Decree shall be entered as a final order and judgment in this case; the Court shall retain jurisdiction over the case to enforce the Consent Decree until this case is dismissed; the Court shall have the power to enforce the Consent Decree. So Ordered by Senior Judge Ronald R. Lagueux on 4/9/14. (Cavaco, Janice) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER
5

CONSENT DECREE entered. So Ordered by Senior Judge Ronald R. Lagueux on 4/9/14. (Cavaco, Janice) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER
6

ORDER OF RECUSAL. Senior Judge Ronald R. Lagueux recused. Case reassigned to Judge John J. McConnell, Jr. for all further proceedings. So Ordered by Senior Judge Ronald R. Lagueux on 9/16/2015. (Cavaco, Janice) (Entered: 09/16/2015)

Sept. 16, 2015

Sept. 16, 2015

PACER
7

STATUS REPORT on Consent Decree submitted by Charles Moseley EdD, U.S. District Court Monitor. (Farrell Pletcher, Paula) (Entered: 09/17/2015)

Sept. 17, 2015

Sept. 17, 2015

PACER

Notice of Hearing

Oct. 23, 2015

Oct. 23, 2015

PACER

NOTICE of Hearing: Status Conference set for Tuesday, 12/8/2015 at 02:00 PM in Judge McConnell Chambers - Room 211 (Barletta, Barbara)

Oct. 23, 2015

Oct. 23, 2015

PACER
8

NOTICE of Appearance by Lindsey M. Weinstock on behalf of United States of America (Weinstock, Lindsey) (Entered: 11/05/2015)

Nov. 5, 2015

Nov. 5, 2015

PACER
9

NOTICE of Appearance by Victoria Thomas on behalf of United States of America (Weinstock, Lindsey) Modified on 11/5/2015 to correct name (Barletta, Barbara). (Entered: 11/05/2015)

Nov. 5, 2015

Nov. 5, 2015

PACER

Notice of Hearing

Dec. 4, 2015

Dec. 4, 2015

PACER

REVISED NOTICE of Hearing: Status Conference set for Tuesday, 12/8/2015 at 02:00 PM in Courtroom 3 before Judge John J. McConnell, Jr.; PLEASE NOTE THAT THIS CONFERENCE WILL NOW BE HELD IN COURTROOM 3(Barletta, Barbara)

Dec. 4, 2015

Dec. 4, 2015

PACER

Hearing Cancelled

Dec. 7, 2015

Dec. 7, 2015

PACER

HEARING CANCELLED: The Status Conference scheduled for Tuesday, 12/8/15 at 2:00 p.m. before Judge John J. McConnell, Jr. is cancelled and will be rescheduled (Barletta, Barbara)

Dec. 7, 2015

Dec. 7, 2015

PACER

Notice of Hearing

Dec. 9, 2015

Dec. 9, 2015

PACER

REVISED NOTICE of Hearing: Status Hearing is RESET to Tuesday, 1/26/2016 at 11:00 AM in Courtroom 3 before Judge John J. McConnell, Jr.(Barletta, Barbara)

Dec. 9, 2015

Dec. 9, 2015

PACER
10

Report of Court Monitor for 1/1/15 through 9/30/15 (Attachments: # 1 Consultant Report) (Barletta, Barbara) (Entered: 01/20/2016)

1 Consultant Report

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Jan. 20, 2016

Jan. 20, 2016

PACER

Notice of Hearing

Jan. 29, 2016

Jan. 29, 2016

PACER

NOTICE of Hearing: Status Conference set for Monday, 5/2/2016 at 01:30 PM in Courtroom 3 before Judge John J. McConnell, Jr.(Barletta, Barbara)

Jan. 29, 2016

Jan. 29, 2016

PACER

Notice of Hearing

Feb. 23, 2016

Feb. 23, 2016

PACER

NOTICE of Hearing: Telephone Conference set for Wednesday, 2/24/2016 at 02:30 PM before Judge John J. McConnell, Jr.; Court to initiate call(Barletta, Barbara)

Feb. 23, 2016

Feb. 23, 2016

PACER

REVISED NOTICE of Hearing: Telephone Conference is RESET to Wednesday, 2/24/2016 at 01:30 PM before Judge John J. McConnell, Jr.; PLEASE NOTE TIME CHANGE(Barletta, Barbara)

Feb. 24, 2016

Feb. 24, 2016

PACER

Telephone Conference

Feb. 24, 2016

Feb. 24, 2016

PACER

Minute Entry for proceedings held before Judge John J. McConnell, Jr.: Telephone Conference held on 2/24/2016; Victoria Thomas, Marc DeSisto and Charles Moseley participated (Barletta, Barbara)

Feb. 24, 2016

Feb. 24, 2016

PACER

Notice of Hearing

Feb. 24, 2016

Feb. 24, 2016

PACER

NOTICE of Hearing: Status Conference set for Monday, 3/14/2016 at 10:00 AM in Courtroom 3 before Judge John J. McConnell, Jr.; Counsel for the United States is granted leave to appear by telephone(Barletta, Barbara)

Feb. 24, 2016

Feb. 24, 2016

PACER
11

Joint MOTION for Hearing filed by United States of America. Responses due by 3/18/2016 (Attachments: # 1 Text of Proposed Order, # 2 Certificate of service)(Thomas, Victoria) (Entered: 03/01/2016)

1 Text of Proposed Order

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2 Certificate of service

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March 1, 2016

March 1, 2016

PACER
12

NOTICE of Appearance by Nicole K. Zeitler on behalf of United States of America (Zeitler, Nicole) (Entered: 03/03/2016)

March 3, 2016

March 3, 2016

PACER

Notice of Hearing

March 3, 2016

March 3, 2016

PACER
13

ORDER granting 11 Motion for Hearing and outlining remedial action plan- So Ordered by Judge John J. McConnell, Jr. on 3/3/2016. (Barletta, Barbara) (Entered: 03/03/2016)

March 3, 2016

March 3, 2016

PACER

NOTICE of Hearing: Evidentiary Hearing set for Friday, 4/8/2016 at 10:00 AM in Courtroom 3 before Judge John J. McConnell, Jr.(Barletta, Barbara)

March 3, 2016

March 3, 2016

PACER

Status Conference

March 14, 2016

March 14, 2016

PACER

Minute Entry for proceedings held before Judge John J. McConnell, Jr.: Status Conference held on 3/14/2016. Nicole Zeitler for Plaintiff. Marc DeSisto for Defendant. Dr. Charles Mosley (Court Monitor by Telephone). Evidentiary Hearing to proceed on 4/8/2016. Court adjourned. (Court Reporter Kare Wischnoswky in Courtroom 3 at 10:08 am.) (McGuire, Vickie)

March 14, 2016

March 14, 2016

PACER
14

Court Monitor's Progress Status update dated 3/9/16 (Barletta, Barbara) (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

PACER
15

TRANSCRIPT ORDER for proceedings held on 3/14/2016 before Judge McConnell.. (Weinstock, Lindsey) (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

PACER

Notice of Hearing

March 30, 2016

March 30, 2016

PACER

NOTICE of Hearing: Telephone Conference set for Friday, 4/1/2016 at 02:00 PM before Judge John J. McConnell, Jr.; Call in instructions to be provided to counsel(Barletta, Barbara)

March 30, 2016

March 30, 2016

PACER
16

STATUS REPORT by State of Rhode Island. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1.1, # 3 Exhibit 1.2, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4-summary, # 7 Exhibit 6, # 8 Exhibit 6.1, # 9 Exhibit 6.2, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 8.1, # 13 Exhibit 9)(DeSisto, Marc) (Entered: 04/01/2016)

1 Exhibit 1

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2 Exhibit 1.1

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3 Exhibit 1.2

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4-summary

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7 Exhibit 6

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8 Exhibit 6.1

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9 Exhibit 6.2

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10 Exhibit 7

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11 Exhibit 8

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12 Exhibit 8.1

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13 Exhibit 9

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April 1, 2016

April 1, 2016

PACER

Status Conference

April 1, 2016

April 1, 2016

PACER

Minute Entry for proceedings held before Judge John J. McConnell, Jr.: Telephone/Status Conference held on 4/1/2016. Counsel of record present. (McGuire, Vickie)

April 1, 2016

April 1, 2016

PACER
17

TRANSCRIPT of Status Conference held on March 14, 2016, before Judge John J. McConnell, Jr. Court Reporter Karen Wischnowsky, Telephone number (401) 529-7406. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 4/25/2016. Redacted Transcript Deadline set for 5/5/2016. Release of Transcript Restriction set for 7/5/2016. (Wischnowsky, Karen) (Entered: 04/04/2016)

April 4, 2016

April 4, 2016

PACER
18

DECLARATION of Anne Mulready_RIDLC by United States of America. (Zeitler, Nicole) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

RECAP
19

DECLARATION of Tammy Russo by United States of America. (Zeitler, Nicole) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

RECAP
20

REDACTION BHDDH Feb. 11 2016 Letter by United States of America. (Zeitler, Nicole) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

PACER
21

EXHIBIT IN SUPPORT by State of Rhode Island in support of 16 Status Report, . (Attachments: # 1 Supplement Ex. 4, # 2 Supplement Ex. 4)(DeSisto, Marc) (Entered: 04/06/2016)

1 Supplement Ex. 4

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2 Supplement Ex. 4

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April 6, 2016

April 6, 2016

PACER
22

DECLARATION of Claire Rosenbaum by United States of America. (Zeitler, Nicole) (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

RECAP
23

REDACTION BHDDH Quarterly Service Package Letters by United States of America. (Zeitler, Nicole) (Main Document 23 replaced on 4/6/2016) (Barletta, Barbara). (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

PACER

Status Conference

April 8, 2016

April 8, 2016

PACER

Minute Entry for proceedings held before Judge John J. McConnell, Jr.: Status Conference held on 4/8/2016. Nicole Zeitler for Plaintiff. Marc DeSisto for Defendants. Dr. Charles Mosley Court Monitor. Defendants report progress of compliance to the Consent Decree. Parties to contact court for the next status conference. Court adjourned. (Court Reporter Karen Wischnowsky in Courtroom 3 at 10:00 am.) (McGuire, Vickie)

April 8, 2016

April 8, 2016

PACER
24

TRANSCRIPT ORDER for proceedings held on 4/8/2016 before Judge McConnell.. (Weinstock, Lindsey) (Entered: 04/11/2016)

April 11, 2016

April 11, 2016

PACER
25

TRANSCRIPT of Evidentiary Hearing held on April 8, 2016, before Judge John J. McConnell, Jr. Court Reporter Karen Wischnowsky, Telephone number (401) 529-7406. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 5/10/2016. Redacted Transcript Deadline set for 5/20/2016. Release of Transcript Restriction set for 7/18/2016. (Wischnowsky, Karen) (Entered: 04/19/2016)

April 19, 2016

April 19, 2016

PACER
26

STATUS REPORT by State of Rhode Island. (DeSisto, Marc) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

PACER
27

Report of the Court Monitor (Barletta, Barbara) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

RECAP

Status Conference

May 2, 2016

May 2, 2016

PACER

Minute Entry for proceedings held before Judge John J. McConnell, Jr.: Status Conference held on 5/2/2016. Nicole Zeitler for Plaintiff. Marc DeSisto for Defendants. Dr. Charles Mosley Court Monitor. Defendants report progress of compliance to the Consent Decree. Parties to contact court for the next status conference. Court adjourned. (Court Reporter Karen Wischnowsky in Courtroom 3 at 1:57 pm.) (McGuire, Vickie)

May 2, 2016

May 2, 2016

PACER
28

Letter to Judge McConnell received on May 4, 2016 (Barletta, Barbara) (Entered: 05/05/2016)

May 5, 2016

May 5, 2016

RECAP
29

TRANSCRIPT ORDER for proceedings held on 5/2/2016 before Judge McConnell.. (Weinstock, Lindsey) (Entered: 05/06/2016)

May 6, 2016

May 6, 2016

PACER
30

MOTION to enter proposed order filed by United States of America in support of 13 Order on Motion for Hearing Motion to Enter Proposed Order. (Attachments: # 1 Text of Proposed Order Proposed Order)(Zeitler, Nicole) Modified on 5/6/2016 to correct (Barletta, Barbara). (Entered: 05/06/2016)

1 Text of Proposed Order Proposed Order

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May 6, 2016

May 6, 2016

PACER
31

TRANSCRIPT of Status Conference held on May 2, 2016, before Judge John J. McConnell, Jr. Court Reporter Karen Wischnowsky, Telephone number 401-529-7406. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 5/31/2016. Redacted Transcript Deadline set for 6/10/2016. Release of Transcript Restriction set for 8/8/2016. (Wischnowsky, Karen) (Entered: 05/10/2016)

May 10, 2016

May 10, 2016

PACER
32

TRANSCRIPT ORDER for proceedings held on May 2, 2016 before Judge McConnell.. (DeSisto, Marc) (Entered: 05/10/2016)

May 10, 2016

May 10, 2016

PACER
33

RESPONSE in Opposition re 30 MOTION filed by State of Rhode Island. Replies due by 5/23/2016. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(DeSisto, Marc) (Entered: 05/12/2016)

1 Exhibit A

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2 Exhibit B

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May 12, 2016

May 12, 2016

PACER
34

REPLY to Response to Motion re 33 Response in Opposition to Motion to Enter Proposed Order filed by United States of America. (Zeitler, Nicole) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

PACER
35

ORDER granting 30 Motion to Enter a Proposed Order re: Compliance with 5 Consent Decree. So Ordered by Judge John J. McConnell, Jr. on 5/18/2016. (Jackson, Ryan) (Entered: 05/18/2016)

May 18, 2016

May 18, 2016

PACER
36

Follow up letter to Judge McConnell re 28 Letter (Barletta, Barbara) (Entered: 06/21/2016)

June 15, 2016

June 15, 2016

PACER
37

STATUS REPORT in compliance with Court's Order of May 18, 2016 by State of Rhode Island. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(DeSisto, Marc) (Entered: 07/01/2016)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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July 1, 2016

July 1, 2016

PACER
38

Report of the Court Monitor (Barletta, Barbara) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

PACER
39

SUPPLEMENTAL EXHIBIT 3 AND EXHIBIT 5 by State of Rhode Island in support of 37 Status Report (Attachments: # 1 Exhibit 5)(Barletta, Barbara) (Entered: 07/27/2016)

1 Exhibit 5

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July 27, 2016

July 27, 2016

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40

Compliance Report dated 7/27/16 filed by the Court Monitor (Barletta, Barbara) (Entered: 07/28/2016)

July 28, 2016

July 28, 2016

PACER
41

STATUS REPORT Fourth Edition by State of Rhode Island. (Attachments: # 1 Exhibit 1-5, # 2 Exhibit 6-9)(DeSisto, Marc) (Entered: 07/29/2016)

1 Exhibit 1-5

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2 Exhibit 6-9

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July 29, 2016

July 29, 2016

PACER
42

EXHIBIT IN SUPPORT by State of Rhode Island in support of 41 Status Report . (Attachments: # 1 Exhibit, # 2 Exhibit)(DeSisto, Marc) (Entered: 08/05/2016)

1 Exhibit

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2 Exhibit

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Aug. 5, 2016

Aug. 5, 2016

PACER

Notice of Hearing

Aug. 18, 2016

Aug. 18, 2016

PACER

NOTICE of Hearing: Status Conference set for Friday, 9/16/2016 at 02:00 PM in Courtroom 3 before Judge John J. McConnell, Jr.(Barletta, Barbara)

Aug. 18, 2016

Aug. 18, 2016

PACER
43

Report of the Court Monitor (Barletta, Barbara) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

PACER
44

Addendum to 43 Report of the Court Monitor (Barletta, Barbara) (Entered: 09/15/2016)

Sept. 15, 2016

Sept. 15, 2016

PACER
45

EXHIBIT IN SUPPORT by State of Rhode Island in support of 41 Status Report . (Attachments: # 1 Exhibit 1(a), # 2 Exhibit 1(b), # 3 Exhibit 1(c))(DeSisto, Marc) (Entered: 09/15/2016)

1 Exhibit 1(a)

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2 Exhibit 1(b)

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3 Exhibit 1(c)

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Sept. 15, 2016

Sept. 15, 2016

PACER
46

STATUS REPORT Outlining a Summary of Topics for Discussion at the September 16, 2016 Status Conference by United States of America. (Zeitler, Nicole) (Entered: 09/15/2016)

Sept. 15, 2016

Sept. 15, 2016

PACER
47

Revised Addendum to 44 Addendum to Court Monitor's report dated 9/9/16 by Charles Moseley. (Barletta, Barbara) (Barletta, Barbara). (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER

Status Conference

Sept. 16, 2016

Sept. 16, 2016

PACER

Minute Entry for proceedings held before Judge John J. McConnell, Jr.: Status Conference held on 9/16/2016. Counsel of record present. Defendants report progress regarding consent decree. Government requests a show cause hearing. Court defers. Court adjourned. vm (Court Reporter Denise Veitch in Courtroom 3 at 2:00 pm.) (McGuire, Vickie)

Sept. 16, 2016

Sept. 16, 2016

PACER
48

TRANSCRIPT ORDER for proceedings held on 9/16/16 before Judge McConnell.. (Zeitler, Nicole) (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

PACER
49

TRANSCRIPT of Status Conference, held on September 16, 2016, before Judge John J. McConnell, Jr. Court Reporter Denise P. Veitch, Telephone number 401-323-9337. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 11/4/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 1/12/2017. (Veitch, Denise) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
50

Report of the Court Monitor dated 10/31/16 (Barletta, Barbara) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER

Notice of Hearing

Nov. 1, 2016

Nov. 1, 2016

PACER

Set/Reset Hearings

Nov. 1, 2016

Nov. 1, 2016

PACER

NOTICE of Hearing: Status Conference set for Friday, 1/17/2017 at 10:00 AM in Courtroom 3 before Judge John J. McConnell, Jr. (Barletta, Barbara)

Nov. 1, 2016

Nov. 1, 2016

PACER

CORRECTED Notice of Hearing: Status Conference set for Friday, 1/27/2017 at 10:00 AM in Courtroom 3 before Judge John J. McConnell, Jr.; (Barletta, Barbara)

Nov. 1, 2016

Nov. 1, 2016

PACER
51

NOTICE by United States of America of Withdrawal of Regina Kline (Zeitler, Nicole) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
52

STATUS REPORT 5th Status Report by State of Rhode Island. (DeSisto, Marc) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER

Hearing Cancelled

Jan. 20, 2017

Jan. 20, 2017

PACER

HEARING CANCELLED: The Status Conference scheduled for Friday, 1/27/17 at 10:00 a.m. in Courtroom 3 before Judge John J. McConnell, Jr. is cancelled and will be rescheduled (Barletta, Barbara)

Jan. 20, 2017

Jan. 20, 2017

PACER

Notice of Hearing

Jan. 20, 2017

Jan. 20, 2017

PACER

REVISED NOTICE of Hearing: Status Conference is RESET to Tuesday, 2/14/2017 at 10:00 AM in Courtroom 3 before District Judge John J. McConnell, Jr. (Barletta, Barbara)

Jan. 20, 2017

Jan. 20, 2017

PACER
53

Report of the Court Monitor (Barletta, Barbara) (Entered: 01/25/2017)

Jan. 25, 2017

Jan. 25, 2017

PACER

Hearing Cancelled

Feb. 6, 2017

Feb. 6, 2017

PACER

HEARING CANCELLED: The Status Conference scheduled for Tuesday, 2/14/17 at 10:00 a.m. in Courtroom 3 before Judge John J. McConnell, Jr. is cancelled and will be rescheduled (Barletta, Barbara)

Feb. 6, 2017

Feb. 6, 2017

PACER

Notice of Hearing

Feb. 6, 2017

Feb. 6, 2017

PACER

REVISED NOTICE of Hearing: Status Conference is RESET to Friday, 3/10/2017 at 11:00 AM in Courtroom 3 before District Judge John J. McConnell, Jr.(Barletta, Barbara)

Feb. 6, 2017

Feb. 6, 2017

PACER
54

Addendum to 53 Court Monitor report by Charles Moseley. (Barletta, Barbara) (Entered: 02/13/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
55

Court Monitor Report for period ending 9/30/16 (Attachments: # 1 Consent Decree Data Report)(Barletta, Barbara) (Entered: 03/03/2017)

1 Consent Decree Data Report

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March 3, 2017

March 3, 2017

PACER

Case Details

State / Territory: Rhode Island

Case Type(s):

Disability Rights

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Jan. 6, 2014

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Civil Rights Division, U.S. Department of Justice on behalf of individuals with intellectual and developmental disabilities receiving educational, vocational, and shelter services in Rhode Island

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

Rhode Island, State

Defendant Type(s):

Jurisdiction-wide

Elementary/Secondary School

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

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: 2014 - None

Content of Injunction:

Reasonable Accommodation

Develop anti-discrimination policy

Comply with advertising/recruiting requirements

Implement complaint/dispute resolution process

Reporting

Monitor/Master

Monitoring

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

Issues

General:

Access to public accommodations - governmental

Confinement/isolation

Disparate Impact

Disparate Treatment

Individualized planning

Juveniles

Placement in shelters

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Reasonable Accommodations

Reasonable Modifications

Special education

Staff (number, training, qualifications, wages)

Discrimination-area:

Steering

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Mental impairment

Mental Disability:

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Learning disability

Medical/Mental Health:

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis

Type of Facility:

Government-run

Benefit Source:

SSDI

SSI