Case: United States v. Rhode Island and City of Providence

1:13-cv-00442 | U.S. District Court for the District of Rhode Island

Filed Date: June 13, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 13, 2013, the Disability Rights Section of the U.S. Department of Justice Civil Rights Division (“United States”) filed this lawsuit in the U.S. District Court for the District of Rhode Island against the State of Rhode Island (“State”) and City of Providence, Rhode Island (“City”) (including the Providence Public School Department) under Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12131-12134, as interpreted by the Supreme Court in Olmstead v. L.C., 527 U.S. 5…

On June 13, 2013, the Disability Rights Section of the U.S. Department of Justice Civil Rights Division (“United States”) filed this lawsuit in the U.S. District Court for the District of Rhode Island against the State of Rhode Island (“State”) and City of Providence, Rhode Island (“City”) (including the Providence Public School Department) under Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12131-12134, as interpreted by the Supreme Court in Olmstead v. L.C., 527 U.S. 581, 597 (1999). The United States asked the court for declaratory and injunctive relief. The United States alleged that the defendants unnecessarily segregated 90 individuals with intellectual or developmental disabilities (I/DD) (predominantly suffering from autism and Down Syndrome) in sheltered workshops and adult day programs by failing to provide adequate programs that would support positions in integrated settings that paid at least the minimum wage.

Specifically, the United States alleged that these 90 individuals were sent to a workshop in an old elementary school and tasked with packaging TV remotes and medical supplies or sorting jewelry. These individuals were paid far below minimum wage, with an average per hour wage of $1.57. Though these individuals expressed a desire to work outside of the Training Thru Placement, Inc. (TTP) program, they were not given the opportunity to pursue outside employment. Some individuals in TTP had been working at TTP for up to 30 years.

The United States further alleged that the defendants put 85 students between the ages of 14 and 21 in Providence Public School Department at risk of the same unnecessary segregation in the same programs by, among other things, placing them in sheltered workshops as part of the secondary school curriculum, failing to opportunities to explore integrated job placement settings in violation of Rhode Island law, and awarding the students certificates of attendance rather than granting them high school diplomas. These students also sorted jewelry for low to no wages. The United States alleged that this program (the Birch program) was a pipeline to the TTP program.

The lawsuit developed from an investigation by the United States into the State’s practices that began in January 2013. By June 7, the United States released a report that the State and City violated Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12131-12134. (The same investigation also led to another lawsuit, United States v. Rhode Island.)

In this case, the parties entered into an eight-year interim settlement agreement and jointly moved to dismiss on the same day the case was filed, likely based on work that had already taken place during the United States’ investigation. Under the agreement:

  • The United States agreed that this agreement resolved all claims the United States had against the defendants regarding the specified populations.

  • The City agreed it would cease providing a sheltered workshop as part of its services for students with I/DD.

  • The State agreed it would neither fund nor place any more individuals with I/DD in specified adult sheltered workshops and segregated day programs.

  • The City agreed that each student would be a part of a person-centered planning process that includes information about transition plans to integrated placements beginning at age 14 as well as transition services that give students the opportunity to learn about integrated employment opportunities and placements.

  • The State agreed to provide supported integrated employment services, placements, and integrated day services to each individual in segregated workshop as well as a professional evaluation of the effect of employment upon the individual's public benefits funding.

  • The State agreed that all integrated placements made pursuant to the settlement would allow individuals to work as much as they were willing and able and provide them with at least minimum wage.

  • The State and City agreed to presume that all individuals are capable of working in integrated employment settings for the purposes of job placement, to conduct all assessments of ability to do particular employment at integrated work settings rather than sheltered workshops, and to provide employment services to students after their 18th birthday allowing them to choose to leave school for employment in the workforce.

  • The State agreed to allow for integrated non-work activities that would allow individuals with I/DD to be integrated into the community allowing them to choose their non-work activities and whom to do those activities.

  • The City and State agreed to ensure that all students are given all opportunities to earn appropriate educational credentials such as a high school diploma.

  • The State agreed to support networking between students and individuals with I/DD who had received job placements within the community.

  • The defendants agreed to contract with a technical assistant provider to provide assistance and support for integrated employment services.

  • The defendants agreed to ensure that transition, placement, and integrated supports have adequate funding that "follows the person" rather than staying with a particular institutional or job placement.

  • The defendants agreed to develop a quality improvement program that would involve regular on-site reviews for at least three years.

  • The defendants agreed to collect and report data on a monthly basis.

  • The defendants agreed to split the cost of a monitor to evaluate their implementation of the Agreement.

  • Each defendant agreed to appoint an Interim Settlement Agreement Coordinator to oversee compliance with the terms of the settlement agreement.

The settlement was structured as a conditional dismissal--the case was dismissed, contingent on compliance with the settlement. While efforts to comply proceeded, District Judge John J. McConnell, Jr. retained jurisdiction over the case.

On July 23, 2019, the court-appointed monitor resigned from the case. The parties agreed to find a new monitor by the end of September and to submit memoranda if they either found an acceptable candidate or came to an impasse. This window to replace the monitor was later extended to the end of November.

On August 20, 2019, the court-appointed monitor submitted his final report on compliance with the consent decree. The monitor determined that the City was in substantial compliance with the terms of the interim settlement agreement. There were two areas of concern, however: the notification procedure for scheduled planning meetings and the requirement of trial work experiences for the Birch students. Specifically, the City had not appropriately notified parents of planning meetings, preventing them from requesting a representative at those meetings. Also, while the majority of Birch students received two or more 60-day trial work experiences before exiting the Birch program, not all students had received those experiences. The City took steps to address both of these concerns, which led the monitor to conclude that the City was in substantial compliance despite these problem areas. On September 26, 2019, the court granted the United States’ motion to dismiss the City from the Interim Settlement Agreement. The DOJ press release can be found here.

On November 12, 2019, the court asked the remaining parties to submit memoranda of their views on the services and the role of the court-appointed monitor. According to a later order, the court hoped that agreeing on qualifications would help the parties agree on a replacement monitor. But the court’s hopes went unfulfilled. On November 21, 2019, the City submitted its memorandum and noted that the parties had been unable to come to an agreement on these issues. In response, the court appointed its own interim monitor on November 25. The case is ongoing.

Summary Authors

Brian Kempfer (6/22/2014)

Virginia Weeks (11/12/2017)

Olivia Wheeling (11/21/2019)

Related Cases

United States v. Rhode Island, District of Rhode Island (2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6082389/parties/united-states-v-state-of-rhode-island/


Judge(s)

McConnell, John James Jr. (Rhode Island)

Sullivan, Patricia A. (Rhode Island)

Attorneys(s) for Plaintiff

Kline, Regina (District of Columbia)

Perez, Thomas E. (District of Columbia)

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

Carroll, Mary Ann F (Rhode Island)

Conley, William J Jr. (Rhode Island)

Judge(s)

McConnell, John James Jr. (Rhode Island)

Sullivan, Patricia A. (Rhode Island)

Attorneys(s) for Plaintiff

Kline, Regina (District of Columbia)

Perez, Thomas E. (District of Columbia)

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

Carroll, Mary Ann F (Rhode Island)

Conley, William J Jr. (Rhode Island)

DeSisto, Marc (Rhode Island)

Hilton, Kathleen A. (Rhode Island)

Expert/Monitor/Master

Moseley, Charles (Vermont)

Documents in the Clearinghouse

Document

1:13-cv-00442

Docket [PACER]

United States v. State of Rhode Island

Nov. 25, 2019

Nov. 25, 2019

Docket
4-3

1:13-cv-00442

Exhibit A [Interim Settlement Agreement]

June 6, 2013

June 6, 2013

Settlement Agreement
4

1:13-cv-00442

JOINT MOTION TO DISMISS WITHOUT PREJUDICE AND RETAIN JURISDICTION

June 13, 2013

June 13, 2013

Pleading / Motion / Brief
1

1:13-cv-00442

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

June 13, 2013

June 13, 2013

Complaint
7

1:13-cv-00442

Report of the Court Monitor: Progress on the Interim Settlement Agreement

U.S. v. State of Rhode Island and the City of Providence

Oct. 16, 2015

Oct. 16, 2015

Monitor/Expert/Receiver Report
10

1:13-cv-00442

Report of the Court Monitor: Progress on the Interim Settlement Agreement

U.S. v. State of Rhode Island and City of Providence

Jan. 20, 2016

Jan. 20, 2016

Monitor/Expert/Receiver Report
17

1:13-cv-00442

Report of the Court Monitor on Rhode Island Interim Settlement Agreement Compliance

U.S. v. State of Rhode Island and City of Providence

May 19, 2017

May 19, 2017

Monitor/Expert/Receiver Report
20

1:13-cv-00442

Order For Compliance With the Outstanding Interim Settlement Agreement Requirements

U.S. v. State of Rhode Island and City of Providence

June 23, 2017

June 23, 2017

Order/Opinion
22

1:13-cv-00442

Court Monitor's Review of State Activities in Response to the Order of Compliance with Outstanding Interim Settlement Agreement Requirements Filed June 23, 2017

U.S. v. State of Rhode Island and City of Providence

Sept. 7, 2017

Sept. 7, 2017

Monitor/Expert/Receiver Report
24

1:13-cv-00442

Court Monitor's Second Review of State Activities in Response to the Order of Compliance with Outstanding Interim Settlement Agreement Requirements Filed June 23, 2017

U.S. v. Rhode Island and City of Providence

Nov. 29, 2017

Nov. 29, 2017

Monitor/Expert/Receiver Report

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6082389/united-states-v-state-of-rhode-island/

Last updated Aug. 5, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
4

Joint MOTION to Dismiss Without Prejudice and Retain Jurisdiction, With Supporting Memorandum by All Parties. Responses due by 7/1/2013 (Attachments: # 1 Text of Proposed Order, # 2 Supporting Memorandum, # 3 Exhibit A to Supporting Memorandum)(Kline, Regina) (Entered: 06/13/2013)

1 Text of Proposed Order

View on PACER

2 Supporting Memorandum

View on PACER

3 Exhibit A to Supporting Memorandum

View on PACER

June 13, 2013

June 13, 2013

PACER
3

NOTICE of Appearance by William J. Conley, Jr on behalf of State of Rhode Island (Conley, William) (Entered: 06/13/2013)

June 13, 2013

June 13, 2013

PACER
2

NOTICE of Appearance by Mary Ann F. Carroll on behalf of City of Providence (Carroll, Mary Ann) (Entered: 06/13/2013)

June 13, 2013

June 13, 2013

PACER
1

COMPLAINT, filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(Smith, Rana) (Entered: 06/13/2013)

1 Civil Cover Sheet

View on PACER

June 13, 2013

June 13, 2013

PACER
5

ORDER granting 4 Motion to Dismiss. So Ordered by Senior Judge Ronald R. Lagueux on 7/11/13. (Farrell Pletcher, Paula) (Entered: 07/11/2013)

July 11, 2013

July 11, 2013

PACER
6

Joint MOTION to Amend/Correct interim settlement agreement with supporting memo filed by City of Providence, State of Rhode Island. Responses due by 7/31/2014 (Attachments: # 1 Exhibit A)(DeSisto, Marc) (Entered: 07/14/2014)

1 Exhibit A

View on PACER

July 14, 2014

July 14, 2014

PACER

Order on Motion to Amend/Correct

July 15, 2014

July 15, 2014

PACER

TEXT ORDER granting 6 Joint Motion to Amend/Correct Interim Settlement Agreement. So Ordered by Senior Judge Ronald R. Lagueux on 7/15/14. (Cavaco, Janice)

July 15, 2014

July 15, 2014

PACER

Case Assigned/Reassigned

Sept. 22, 2015

Sept. 22, 2015

PACER

Case reassigned to Judge John J. McConnell, Jr. Case is related to CA14-175M-PAS. Senior Judge Ronald R. Lagueux no longer assigned to the case. (Farrell Pletcher, Paula)

Sept. 22, 2015

Sept. 22, 2015

PACER
7

STATUS REPORT of the Court Monitor for the period 7/1/14 through 12/31/14 (Barletta, Barbara) (Entered: 10/16/2015)

Oct. 16, 2015

Oct. 16, 2015

PACER

Notice of Hearing

Nov. 5, 2015

Nov. 5, 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)

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
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

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

View on PACER

Jan. 20, 2016

Jan. 20, 2016

PACER

Status Conference

Jan. 26, 2016

Jan. 26, 2016

PACER

Minute Entry for proceedings held before Judge John J. McConnell, Jr.: Status Conference held on 1/26/2016. Victoria Thomas, Lindsey Weinstock for Plaintiff. Charles Mosley Interested Party.(via Telephone Conference Call) Marc Desisto, Mary Ann Carroll and Jennifer Woods for Defendants. Court hears from all parties. Conferences to be set up for issues and action plans every 3 months. Counsel to contact Clerk re hearing date. Court adjourned. (Court Reporter Karen Wischnowsky in Courtroom 3 at 11:06 am.) (McGuire, Vickie)

Jan. 26, 2016

Jan. 26, 2016

PACER
11

TRANSCRIPT ORDER for proceedings held on 1/26/2016 before Judge McConnell.. (DeSisto, Marc) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
12

TRANSCRIPT ORDER for proceedings held on 1/26/2016 before Judge McConnell.. (Weinstock, Lindsey) (Entered: 01/29/2016)

Jan. 29, 2016

Jan. 29, 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

HEARING CANCELLED: The telephone conference scheduled for Wednesday, 2/24/16 at 2:30 p.m. before Judge John J. McConnell, Jr. is cancelled (Barletta, Barbara)

Feb. 23, 2016

Feb. 23, 2016

PACER

Hearing Cancelled

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
13

TRANSCRIPT of Status Conference held on January 26, 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. 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 3/16/2016. Redacted Transcript Deadline set for 3/28/2016. Release of Transcript Restriction set for 5/24/2016. (Wischnowsky, Karen) (Entered: 02/24/2016)

Feb. 24, 2016

Feb. 24, 2016

PACER
14

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
15

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

Jan. 19, 2017

Jan. 19, 2017

PACER

Notice of Hearing

March 24, 2017

March 24, 2017

PACER

NOTICE of Hearing: Status Conference set for Tuesday, 5/23/2017 at 10:00 AM in Courtroom 3 before District Judge John J. McConnell, Jr. (Barletta, Barbara)

March 24, 2017

March 24, 2017

PACER
17

Court Monitor's Report dated 5/19/17 (Barletta, Barbara) (Entered: 05/22/2017)

May 19, 2017

May 19, 2017

PACER
16

STATUS REPORT Outlining a Summary of Topics for Discussion at the May 23, 2017 Status Conference by United States of America. (Zeitler, Nicole) (Entered: 05/19/2017)

May 19, 2017

May 19, 2017

PACER
18

STATUS REPORT by State of Rhode Island. (Attachments: # 1 Exhibit A)(DeSisto, Marc) (Entered: 05/22/2017)

1 Exhibit A

View on PACER

May 22, 2017

May 22, 2017

PACER

Status Conference

May 23, 2017

May 23, 2017

PACER

Minute Entry for proceedings held before District Judge John J. McConnell, Jr.: Status Conference held on 5/23/2017. Counsel of record present. Status updates presented to the Court. Defendant to produce a compliance report within 30 days. Court adjourned. (Court Reporter Lisa Schwam in Courtroom 3 at 10:20 am.) (McGuire, Vickie)

May 23, 2017

May 23, 2017

PACER
19

TRANSCRIPT ORDER for proceedings held on 5/23/2017 before Judge McConnell. Ordinary Transcript delivery selected. Transcript to be delivered in 30 days.. (Zeitler, Nicole) (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER
20

ORDER for compliance with the outstanding interim settlement agreement requirements - So Ordered by District Judge John J. McConnell, Jr. on 6/23/2017. (Barletta, Barbara) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER
21

TRANSCRIPT of Civil Cause for Status Conference held on 05/23/2017 before Judge McConnell. Court Reporter/Transcriber Lisa Schwam, Telephone number 401-752-7128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. 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 7/17/2017. Redacted Transcript Deadline set for 7/27/2017. Release of Transcript Restriction set for 9/25/2017. (Schwam, Lisa) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
22

COURT MONITOR'S REVIEW (Attachments: # 1 Interim and Long Term Quality Improvement Plan)(Barletta, Barbara) (Attachment 1 replaced on 9/8/2017) (Barletta, Barbara). (Entered: 09/07/2017)

1 Interim and Long Term Quality Improvement Plan

View on PACER

Sept. 7, 2017

Sept. 7, 2017

PACER
23

STATUS REPORT Outlining a Summary of Topics for Discussion at the November 30, 2017 Status Conference by United States of America. (Zeitler, Nicole) (Entered: 11/28/2017)

Nov. 28, 2017

Nov. 28, 2017

RECAP
24

COURT MONITOR'S SECOND REVIEW by Charles Moseley. (Barletta, Barbara) (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

RECAP
25

COURT MONITOR'S ISA 11/30/17 TESTIMONY (Barletta, Barbara) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

RECAP

Status Conference

Nov. 30, 2017

Nov. 30, 2017

PACER

Minute Entry for proceedings held before District Judge John J. McConnell, Jr.: Status Conference held on 11/30/2017. Counsel of record present. Status updates presented to the Court. Next Status hearing to be scheduled for April 2018. Court adjourned. (Court Reporter Karen Wischnowsky in Courtroom 1 at 11:00 am.) (McGuire, Vickie)

Nov. 30, 2017

Nov. 30, 2017

PACER

Notice of Hearing

Dec. 5, 2017

Dec. 5, 2017

PACER

NOTICE of Hearing: Status Conference set for Monday, 4/9/2018 at 02:00 PM in Courtroom 1 before District Judge John J. McConnell, Jr. (Barletta, Barbara)

Dec. 5, 2017

Dec. 5, 2017

PACER
27

TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 26 Transcript Order. Court Reporter/Transcriber: Karen Wischnowsky. Transcript due by 1/26/2018. (Dias, Jennifer) (Entered: 12/27/2017)

Dec. 27, 2017

Dec. 27, 2017

PACER
26

TRANSCRIPT ORDER for proceedings held on 11/30/2017 before Judge McConnell. Ordinary Transcript delivery selected. Transcript to be delivered in 30 days.. (Potter, Carrie) (Entered: 12/27/2017)

Dec. 27, 2017

Dec. 27, 2017

PACER

Reset Hearings: Status Conference is RESET to Tuesday, 4/11/2018 at 02:00 PM in Courtroom 1 before District Judge John J. McConnell, Jr. (Barletta, Barbara)

Jan. 2, 2018

Jan. 2, 2018

PACER

Set/Reset Hearings

Jan. 2, 2018

Jan. 2, 2018

PACER

Reset Hearings: Status Conference is RESET to Tuesday, 4/11/2018 at 02:00 PM in Courtroom 1 before District Judge John J. McConnell, Jr.. (Barletta, Barbara)

Jan. 2, 2018

Jan. 2, 2018

PACER
28

TRANSCRIPT of Status Conference held on November 30, 2017, 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 1/29/2018. Redacted Transcript Deadline set for 2/8/2018. Release of Transcript Restriction set for 4/9/2018. (Wischnowsky, Karen) (Entered: 01/08/2018)

Jan. 8, 2018

Jan. 8, 2018

PACER

Set/Reset Hearings

Jan. 11, 2018

Jan. 11, 2018

PACER

CORRECTED Hearings: Status Conference set for Tuesday, 4/10/2018 at 02:00 PM in Courtroom 1 before District Judge John J. McConnell, Jr. (Barletta, Barbara)

Jan. 11, 2018

Jan. 11, 2018

PACER
29

NOTICE by United States of America Outlining a Summary of Topics for Discussion at the April 10, 2018 Case Nos. CA 14-175 and 13-442 Status Conference (Thomas, Victoria) (Entered: 04/05/2018)

April 5, 2018

April 5, 2018

PACER
30

COURT MONITOR'S THIRD REVIEW (Barletta, Barbara) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

PACER

Status Conference

April 10, 2018

April 10, 2018

PACER

Minute Entry for proceedings held before District Judge John J. McConnell, Jr.: Status Conference held on 4/10/2018. Counsel of record present. All parties present status reports of progress & concerns regarding consent decree. Court adjourned. (Court Reporter Karen Wischnowsky in Courtroom 1 at 2:00 pm.) (McGuire, Vickie)

April 10, 2018

April 10, 2018

PACER
32

TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 31 Transcript Order. Court Reporter/Transcriber: Karen Wischnowsky. Transcript due by 5/23/2018. (Dias, Jennifer) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
31

TRANSCRIPT ORDER for proceedings held on 4/10/18 before Judge John J. McConnell, Jr.. Ordinary Transcript delivery selected. Transcript to be delivered in 30 days.. (Zeitler, Nicole) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
34

TRANSCRIPT of Status Conference held on April 10, 2018, 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 5/30/2018. Redacted Transcript Deadline set for 6/11/2018. Release of Transcript Restriction set for 8/7/2018. (Wischnowsky, Karen) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
33

Letter to Judge McConnell requesting stops in budget cuts (Barletta, Barbara) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

RECAP
35

Letter from Governor Raimondo to Court Monitor (Barletta, Barbara) (Entered: 05/16/2018)

May 16, 2018

May 16, 2018

RECAP
36

Letter from Court Monitor to Secretary of Health and Human Services (Barletta, Barbara) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

RECAP
37

COURT MONITOR'S UPDATE dated 6/1/18 (Barletta, Barbara) (Entered: 06/04/2018)

June 1, 2018

June 1, 2018

PACER
38

NOTICE by United States of America Joint Filing Summary of Topics for October 30, 2018 Status Conference for Case Nos. CA 14-175 and 13-442 (Thomas, Victoria) (Entered: 10/23/2018)

Oct. 23, 2018

Oct. 23, 2018

RECAP
40

NOTICE by United States of America of Withdrawal of Richard Myrus (Romero, Amy) (Entered: 12/12/2018)

Dec. 12, 2018

Dec. 12, 2018

PACER
39

NOTICE of Appearance by Amy Retsinas Romero on behalf of All Plaintiffs (Romero, Amy) (Entered: 12/12/2018)

Dec. 12, 2018

Dec. 12, 2018

PACER
41

NOTICE IN ADVANCE OF INTERIM SETTLEMENT AGREEMENT TERMINATION (Barletta, Barbara) (Entered: 02/04/2019)

Feb. 4, 2019

Feb. 4, 2019

RECAP
42

Court Monitor's letter to Judge McConnell regarding budget summary (Attachments: # 1 2020 budget summary) (Barletta, Barbara) (Entered: 02/27/2019)

1 2020 budget

View on PACER

Feb. 27, 2019

Feb. 27, 2019

PACER
43

COURT MONITOR'S REPORT for the period ending 9/30/18 (Barletta, Barbara) (Entered: 03/20/2019)

March 20, 2019

March 20, 2019

PACER
44

COURT MONITOR'S FINAL REPORT on the City of Providence Public School District's Compliance with Interim Settlement Agreement by Charles Moseley. (Barletta, Barbara) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

RECAP
46

NOTICE of Appearance by Kathleen A. Hilton on behalf of All Defendants (Hilton, Kathleen) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
45

Joint MOTION to Dismiss filed by United States of America. Responses due by 9/23/2019. (Attachments: # 1 Supporting Memorandum In Support of Parties' Joint Motion To Dismiss)(Zeitler, Nicole) (Entered: 09/09/2019)

1 Supporting Memorandum In Support of Parties' Joint Motion To Dismiss

View on PACER

Sept. 9, 2019

Sept. 9, 2019

PACER

Notice of Hearing on Motion

Sept. 10, 2019

Sept. 10, 2019

PACER

NOTICE of Hearing on Motion 45 Joint MOTION to Dismiss : Motion Hearing set for Thursday, 9/26/2019 at 10:00 AM in Courtroom 2 before District Judge John J. McConnell, Jr.(Barletta, Barbara)

Sept. 10, 2019

Sept. 10, 2019

PACER

Notice of Hearing (Form Attached)

Sept. 20, 2019

Sept. 20, 2019

PACER

NOTICE of Hearing: Telephone Conference set for Tuesday, 9/24/2019 at 02:30 PM before District Judge John J. McConnell, Jr.; Court to initiate call (Barletta, Barbara)

Sept. 20, 2019

Sept. 20, 2019

PACER

Notice of Hearing

Sept. 20, 2019

Sept. 20, 2019

PACER

Telephone Conference

Sept. 24, 2019

Sept. 24, 2019

PACER

Minute Entry for proceedings held before District Judge John J. McConnell, Jr.: Telephone Conference held on 9/24/2019; Victoria L. Thomas, Mary Ann F. Carroll and Kathleen A. Hilton participated (Barletta, Barbara)

Sept. 24, 2019

Sept. 24, 2019

PACER

Motion Hearing

Sept. 26, 2019

Sept. 26, 2019

PACER

TEXT ORDER granting 45 Motion to Dismiss City of Providence. - So Ordered by District Judge John J. McConnell, Jr. on 9/26/2019. (McGuire, Vickie)

Sept. 26, 2019

Sept. 26, 2019

PACER

Order on Motion to Dismiss

Sept. 26, 2019

Sept. 26, 2019

PACER

Minute Entry for proceedings held before District Judge John J. McConnell, Jr.: Motion Hearing held on 9/26/2019 re 45 Joint MOTION to Dismiss filed by United States of America. Victoria Thomas & Nicole Zeitler for Government. Marc DeSisto, Kathleen Hilton and Mary Ann Carrol for Defendants. Charles Mosley Interested Party. Charles Mosley presents final report; Defendant City of Providence is in compliance with the ISA & consent decree; recommendation to dismiss City of Providence. Government and Defendant concur. Court grants ECF#45 to dismiss the City of Providence. Court adjourned. (Court Reporter Karen Wischnowsky in Courtroom 2 at 10:15 anm.) (McGuire, Vickie)

Sept. 26, 2019

Sept. 26, 2019

PACER
47

ORDER extending time to replace Court Monitor - So Ordered by District Judge John J. McConnell, Jr. on 9/27/2019 (Attachments: # 1 7/23/19 letter)(Barletta, Barbara) (Entered: 09/27/2019)

1 7/23/19 letter

View on PACER

Sept. 27, 2019

Sept. 27, 2019

PACER
49

TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 48 Transcript Order. Court Reporter/Transcriber: Karen Wischnowsky. (Dias, Jennifer) (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

PACER
48

TRANSCRIPT ORDER for proceedings held on 9/26/19 before Judge McConnell. Ordinary Transcript delivery selected. Transcript to be delivered in 30 days.. (Thomas, Victoria) (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

PACER
50

TRANSCRIPT of Hearing on Motion to Dismiss held on September 26, 2019, before Judge John J. McConnell, Jr. Court Reporter Karen Wischnowsky, Telephone number (401) 752-7045. 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 11/27/2019. Redacted Transcript Deadline set for 12/9/2019. Release of Transcript Restriction set for 2/4/2020. (Wischnowsky, Karen) (Entered: 11/06/2019)

Nov. 6, 2019

Nov. 6, 2019

PACER

Notice of Hearing (Form Attached)

Nov. 8, 2019

Nov. 8, 2019

PACER

Notice of Hearing

Nov. 8, 2019

Nov. 8, 2019

PACER

NOTICE of Hearing: Telephone Conference set for Tuesday, 11/12/2019 at 03:00 PM before District Judge John J. McConnell, Jr.. (Barletta, Barbara)

Nov. 8, 2019

Nov. 8, 2019

PACER

Telephone Conference

Nov. 12, 2019

Nov. 12, 2019

PACER

Case Details

State / Territory: Rhode Island

Case Type(s):

Disability Rights

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: June 13, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Disability Rights Section of the U.S. Department of Justice, Civil Rights Division

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Rhode Island, State

City of Providence, City

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

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

Declaratory Judgment Act, 28 U.S.C. § 2201

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:

Conditional Dismissal

Amount Defendant Pays: 0

Order Duration: 2013 - 2021

Content of Injunction:

Reasonable Accommodation

Discrimination Prohibition

Develop anti-discrimination policy

Reporting

Monitor/Master

Recordkeeping

Monitoring

Required disclosure

Issues

General:

Classification / placement

Deinstitutionalization/decarceration

Disparate Impact

Disparate Treatment

Education

Forced labor

Government Services

Individualized planning

Juveniles

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

Reasonable Accommodations

Reasonable Modifications

Reassessment and care planning

Rehabilitation

School/University Facilities

School/University policies

Special education

Testing

Test or device

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Mental impairment

Mental Disability:

Autism

Developmental disability without intellectual disability

Down syndrome

Intellectual/developmental disability, unspecified

Learning disability

Medical/Mental Health:

Intellectual/Developmental Disability

Type of Facility:

Government-run

Non-government non-profit