Case: United States v. Nebraska

8:08-cv-00271 | U.S. District Court for the District of Nebraska

Filed Date: March 7, 2008

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On March 7, 2008, the Department of Justice Civil Rights Division issued a CRIPA/ADA findings letter to the State of Nebraska that detailed systemic conditions that violated the constitutional and statutory rights of the residents of the Beatrice State Developmental Center (BSDC), the State's largest facility for persons with developmental disabilities. At the time, BSDC housed close to 350 residents. The parties then swiftly concluded negotiations on a judicially enforceable remedial agreement…

On March 7, 2008, the Department of Justice Civil Rights Division issued a CRIPA/ADA findings letter to the State of Nebraska that detailed systemic conditions that violated the constitutional and statutory rights of the residents of the Beatrice State Developmental Center (BSDC), the State's largest facility for persons with developmental disabilities. At the time, BSDC housed close to 350 residents. The parties then swiftly concluded negotiations on a judicially enforceable remedial agreement.

On June 30, 2008, the United States of America filed suit in the U.S. District Court of the District of Nebraska under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 against the State of Nebraska. The United States asked the court to require that the defendants comply with federal law and ensure that adequate protections, supports, and services are afforded to residents of the BSDC.

Specifically, the United States claimed that the care at BSDC substantially departed from generally accepted professional standards of care, exposing residents to significant risks of harm and actual harm in the following respects: providing reasonable safe conditions; providing training to protect residents' liberty interests; providing adequate psychiatric, therapeutic, and health care services; and providing adequate nutritional and physical management. Additionally, the United States claimed that defendants failed to comply with ADA standards by excluding BDSC residents, by reason of their disability, from participating in and obtaining benefits from services, programs, or activities in an integrated setting appropriate to their needs. Further, the United States claimed that defendants failed to ensure that BSDC residents were evaluated for placement in the most integrated setting.

On July 2, 2008, the U.S. District Court of the District of Nebraska (Judge Richard G. Kopf) issued an order stating that no hearing was required prior to the approval of a settlement agreement. On the same day, the parties and Judge Kopf signed a consent decree. The consent decree detailed the steps to be taken to ensure the health and safety of the residents, including protecting the residents from abuse and neglect, and taking effective steps to minimize or eliminate resident injuries and incidents that negatively impact their health, safety, and welfare. It also included provisions for ensuring compliance with the ADA standard of serving residents in the most integrated setting appropriate to meet each person's needs. The settlement agreement was intended to remain in place until the State implemented all of its provisions, which the parties anticipated would take four years.

On August 3, 2015, seven years after the initial settlement agreement, Judge Kopf dismissed the case and terminated the settlement agreement responsive to motions from parties indicating that the State of Nebraska had fully complied with the settlement agreement.

Summary Authors

Julie Singer (10/30/2014)

Edward Cullen (3/21/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5695241/parties/united-states-v-state-of-nebraska/


Judge(s)

Kopf, Richard George (Nebraska)

Attorneys(s) for Plaintiff

Becker, Grace Chung (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Farano, Richard J. (District of Columbia)

Gupta, Vanita (District of Columbia)

Hill, Eve L. (District of Columbia)

Homan, Robert L. (Nebraska)

Mazor, Marina (District of Columbia)

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

Stecher, Joe W. (Nebraska)

Judge(s)

Kopf, Richard George (Nebraska)

Attorneys(s) for Plaintiff

Becker, Grace Chung (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Farano, Richard J. (District of Columbia)

Gupta, Vanita (District of Columbia)

Hill, Eve L. (District of Columbia)

Homan, Robert L. (Nebraska)

Mazor, Marina (District of Columbia)

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

Stecher, Joe W. (Nebraska)

Tayloe, Benjamin O. (District of Columbia)

Attorneys(s) for Defendant

Effken, Matthew J. (Nebraska)

Fenner, Jodi M. (Nebraska)

Gianakos, Bradley (Nebraska)

Knabe, Susan A. (Nebraska)

Ludwig, Mark A. (Nebraska)

Walklin, Gregory J. (Nebraska)

Documents in the Clearinghouse

Document

8:08-cv-00271

Docket [PACER]

United States of America v. State of Nebraska et al

Aug. 3, 2015

Aug. 3, 2015

Docket

8:08-cv-00271

Re: CRIPA Investigation of the Beatrice State Developmental Center

U.S. v. Nebraska

No Court

March 7, 2008

March 7, 2008

Findings Letter/Report
1

8:08-cv-00271

Complaint

United States of America v. State of Nebraska et al

June 30, 2008

June 30, 2008

Complaint
10

8:08-cv-00271

Settlement Agreement

United States of America v. State of Nebraska et al

July 2, 2008

July 2, 2008

Settlement Agreement
9

8:08-cv-00271

Memorandum and Order

United States of America v. State of Nebraska et al

July 2, 2008

July 2, 2008

Order/Opinion
114

8:08-cv-00271

Parties' Joint Motion to Dismiss

U.S. v. Nebraska

July 22, 2015

July 22, 2015

Pleading / Motion / Brief
115

8:08-cv-00271

Memorandum in Support of the Parties' Joint Motion to Dismiss

U.S. v. Nebraska

July 22, 2015

July 22, 2015

Pleading / Motion / Brief
121

8:08-cv-00271

Judgment

U.S. v. Nebraska

Aug. 3, 2015

Aug. 3, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5695241/united-states-v-state-of-nebraska/

Last updated Aug. 2, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against John Wyvill, Ron Stegemann, State of Nebraska, Dave Heineman and Christine Peterson. No Summons issued by Attorney Grace Chung Becker on behalf of United States of America.(MKR) (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

12

MEMORANDUM AND ORDER regarding Memorandum and Order 9 , and Judgment 10 . Within 10 days of the date of this order, the Clerk of the United States District Court for the District of Nebraska shall pay to independent expert John J. McGee, Ph.D., 36;12,000.00 for services rendered in July 2008 in the above-captioned case. Such funds shall be paid from the interest-bearing account set up by the Clerk of Court pursuant to this court's prior order (filing 9 ). Within 45 days of the date o f this order, the defendants shall replenish the above described interest-bearing account with the full amount paid by the Clerk of Court to independent expert John J. McGee, Ph.D., in order to restore the account's total to $100,000.00. Ordered by Judge Richard G. Kopf. (Copy to Finance)(JAB)

Sept. 4, 2008

Sept. 4, 2008

RECAP
14

MEMORANDUM AND ORDER regarding Letter 13 . Within 10 days of the date of this order, the Clerk of the United States District Court for the District of Nebraska shall pay to independent expert John J. McGee, Ph.D., $12,000.00 for services render ed in August 2008 in the abovecaptioned case. As provided in the parties settlement agreement (filing 10 , at 6), andwithin 45 days of the date of this order, the defendants shall replenish the above described interest-bearing account with the full amount paid by the Clerk of Court to independent expert John J. McGee, Ph.D., in order to restore the account's total to $100,000.00. Ordered by Judge Richard G. Kopf. (Copy to Finance) (JAB)

Oct. 2, 2008

Oct. 2, 2008

RECAP
2

APPLICATION/ORDER admitting pro hac vice Attorney Marina Mazor for Plaintiff United States of America. Ordered by Deputy Clerk. (Copies given at the counter) (MKR) (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

16

STRICKEN - MEMORANDUM AND ORDER regarding Letter 15 . Within 10 days of the date of this order, the Clerk of the United States District Court for the District of Nebraska shall pay to independent expert John J. McGee, Ph.D., $12,000.00 for prof essional services rendered in September 2008 and $1,475.45 in mileage and meal expenses incurred in July, August, and September 2008. Such funds shall be paid from the interest-bearing account set up by the Clerk of Court pursuant to this court& #039;s prior order (filing 9 ). As provided in the parties' settlement agreement (filing 10 , at 6), and within 45 days of the date of this order, the defendants shall replenish the abovedescribed interest-bearing account with the full amount paid by the Clerk of Court to independent expert John J. McGee, Ph.D., in order to restore the account's total to $100,000.00. Ordered by Judge Richard G. Kopf. (Copy to finance)(JAB) Modified on 10/29/2008 to add "sricken" text pursuant to Order 17 . (JAB)

Oct. 27, 2008

Oct. 27, 2008

RECAP
3

APPLICATION/ORDER admitting pro hac vice Attorney Richard J. Farano for Plaintiff United States of America. Ordered by Deputy Clerk. (Copies given at the counter) (MKR) (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

17

AMENDED MEMORANDUM AND ORDER regarding Memorandum and Order, 16 . Within 10 days of the date of this order, the Clerk of the United States District Court for the District of Nebraska shall pay to independent expert John J. McGee, Ph.D., $15,31 0.17 for professional services, meal expenses, hotel costs, and copying expenses. Such funds shall be paid from the interest-bearing account set up by the Clerk of Court pursuant to this court's prior order (filing 9 ). Within 45 days of the da te of this order, the defendants shall replenish the abovedescribed interest-bearing account with the full amount paid by the Clerk of Court to independent expert John J. McGee, Ph.D., in order to restore the account's total to $100,000.00. The court's prior order entered on October 27, 2008 (filing 16 ), shall be stricken. Ordered by Judge Richard G. Kopf. (Copy to Finance)(JAB)

Oct. 29, 2008

Oct. 29, 2008

RECAP
4

APPLICATION/ORDER admitting pro hac vice Attorney Benjamin O. Tayloe for Plaintiff United States of America. Ordered by Deputy Clerk. (Copies given at the counter) (MKR) (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

5

APPLICATION/ORDER admitting pro hac vice Attorney Shanetta Y. Brown Cutlar for Plaintiff United States of America. Ordered by Deputy Clerk. (Copies given at the counter) (MKR) (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

22

MEMORANDUM AND ORDER regarding: Letters 18 , 19 and 20 . Within 10 days of the date of this order, the Clerk of the United States District Court for the District of Nebraska shall pay to independent expert John J. McGee, Ph.D., $37,207.86 fo r professional services and gasoline and auto-related expenses for the months of November 2008, December 2008, and January 2009. The defendants shall replenish the abovedescribed interest-bearing account with the full amount paid by the Clerk of Court to independent expert John J. McGee, Ph.D., in order to restore the account's total to $100,000.00. Ordered by Judge Richard G. Kopf. (Copy to finance)(JAB)

March 6, 2009

March 6, 2009

RECAP
6

APPLICATION/ORDER admitting pro hac vice Attorney Grace Chung Becker for Plaintiff United States of America. Ordered by Deputy Clerk. (Copies given at the counter) (MKR) (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

24

MEMORANDUM AND ORDER granting Motions for Reimbursement 21 and 23 . Within 10 days of the date of this order, the Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses of the Macomb-Oakland Regional Center in the amount of $40,492.86; John Williams in the amount of $9,600.00; and Life Project Consulting, LLC, in the amount of $16,285.76. Further, the Clerk of Court shall disburse to independent exper t John J. McGee, Ph.D., the amount of $12,877.83 for professional services and expenses for February 2009. The defendants shall replenish the abovedescribed interest-bearing account with the full amount paid by the Clerk of Court to independent expert John J. McGee, Ph.D., and other consultants in order to restore the accounts total to $100,000.00. Ordered by Judge Richard G. Kopf. (JAB)

March 24, 2009

March 24, 2009

RECAP
7

Joint MOTION that the Court Enter the Parties' Negotiated Settlement Agreement by Attorney Joe W. Stecher on behalf of Plaintiff United States of America.(Stecher, Joe) (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

28

ORDER granting 26 United States' Motion to Withdraw as Attorney (Grace Chung Becker). Ordered by Magistrate Judge David L. Piester. (JAB)

May 20, 2009

May 20, 2009

RECAP
8

BRIEF in support of Joint MOTION that the Court Enter the Parties' Negotiated Settlement Agreement 7 by Attorney Joe W. Stecher on behalf of Plaintiff United States of America.(Stecher, Joe) (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

35

MEMORANDUM AND ORDER - The motions for reimbursement (filings 29 , 30 , 31 , 32 ) are granted, and within 10 days of the date of this order, the Clerk of the United States District Court for the District of Nebraska shall disburse funds for the c onsulting services and expenses of independent expert John J. McGee, Ph.D., the amounts of $5,405.00 for March 2009; $10,580.00 for April 2009; $9,425.00 for May 2009; and $13,250.00 for June 2009. Such funds shall be paid from th e interest-bearing account set up by the Clerk of Court pursuant to this court's prior order (filing 9 ). As provided in this court's prior order (filing 9 ), the "Clerk is authorized to deduct from any monies deposited with the Cler k a fee of 10% of the interest earned each time funds are disbursed." As provided in the parties' settlement agreement (filing 10 , at 6 ), and within 45 days of the date of this order, the defendants shall replenish the above-described interest-bearing account with the full amount paid by the Clerk of Court to independent expert John J. McGee, Ph.D., in order to restore the account's total to $100,000.00. Ordered by Judge Richard G. Kopf. (GJG)(Copy to Financial)

Aug. 5, 2009

Aug. 5, 2009

RECAP
9

MEMORANDUM AND ORDER − After consultation by telephone with Richard Farano, counsel for the United States, and Jodi Fenner, counsel for the defendants, and with their agreement, IT IS ORDERED that: 1. No evidentiary hearing or other hearing is required or is necessary prior to the approval of the settlement agreement by the undersigned. 2. In accordance with Federal Rules of Civil Procedure 58 and 79, the settlement agreement, with the approval of the undersigned at page 38, shall constitute a final judgment the entry of which shall be deemed for all purposes to have occurred when the same is recorded on the Court's CM/ECF system. Notwithstanding this provision, the undersigned retains continuing jurisdiction over this case and the parties to construe and enforce the settlement agreement. Ordered by Judge Richard G. Kopf. (Copy to Financial)(JAB) (Entered: 07/02/2008)

July 2, 2008

July 2, 2008

40

ORDER - The motions to withdraw Jodi M. Fenner, (filing no. 37 ), and Mark A. Ludwig, (filing no. 38 ), as counsel of record for the defendants, are granted. Ordered by Judge Richard G. Kopf. (JAB)

Aug. 17, 2009

Aug. 17, 2009

RECAP
44

MEMORANDUM AND ORDER granting motions for reimbursement 42 and 43 . Within 10 days of the date of this order, the Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses o f independent expert John J. McGee, Ph.D., the amounts of $12,012.22 for July 2009 (filing 42 ) and $12,029.58 for August 2009 (filing 43 ). Within 45 days of the date of this order, the defendants shall replenish the above-described interest-bearing account with the full amount paid by the Clerk of Court to independent expert John J. McGee, Ph.D., in order to restore the account's total to $100,000.00. Ordered by Judge Richard G. Kopf. (Copy to Finance) (JAB)

Oct. 15, 2009

Oct. 15, 2009

RECAP
10

JUDGMENT with Settlement Agreement regarding Memorandum and Order, 9 . Ordered by Judge Richard G. Kopf. (JAB) (Entered: 07/02/2008)

July 2, 2008

July 2, 2008

47

MEMORANDUM AND ORDER granting 45 and 46 motions for reimbursement. Within 10 days of the date of this order, the Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses of independent expert John J. McGee, Ph.D., in the amounts of $12,539.07 for September 2009 (filing 45 ) and $12,380.00 for October 2009 (filing 46 ). Within 45 days of the date of this order, the defendants shall replenish the abovedescribed interest-bearing account with the full amount paid by the Clerk of Court to independent expert John J. McGee, Ph.D., in order to restore the account's total to $100,000.00. Ordered by Judge Richard G. Kopf. (Copy to Financial)(JAB)

Dec. 16, 2009

Dec. 16, 2009

RECAP
11

LETTER − Activities and Expense Report of Independent Expert John J. McGee. (JAB) (Entered: 08/18/2008)

Aug. 18, 2008

Aug. 18, 2008

TEXT RECEIPT number 4−2417, in the amount of $ 12,000.00 by Defendant State of Nebraska pursuant to Order 12 . (JAB) (Entered: 03/24/2009)

Aug. 20, 2008

Aug. 20, 2008

56

MEMORANDUM AND ORDER that by 4/28/2010, independent expert John J. McGee, Ph.D., shall file with the court additional documentation supporting his requests for reimbursement. The motions for reimbursement 49 , 50 , 51 , 52 , 53 and 54 filed by independent expert John J. McGee, Ph.D., shall be held in abeyance until 4/29/2010, at which time the motions shall be deemed submitted for disposition. Ordered by Judge Richard G. Kopf. (JSF)

April 13, 2010

April 13, 2010

RECAP

TEXT RECEIPT number CQ08464700389, in the amount of $100,000.00 paid by Defendant State of Nebraska pursuant to Judgment with Settlement Agreement 10 . (JAB) (Entered: 03/27/2009)

Aug. 20, 2008

Aug. 20, 2008

58

MEMORANDUM AND ORDER that on or before May 4, 2010, independent expert John J. McGee, Ph.D., shall file with the court additional documentation supporting his requests for reimbursement; specifically, Dr.McGee should file the documentation characteri zed as insufficient in the State's objection to Dr.McGee's reimbursement requests, if such documentation is available 55 ; the motions for reimbursement 49 , 50 , 51 , 52 , 53 , 54 filed by independent expert John J. McGee, Ph.D., s hall be held in abeyance until May 4,2010, at which time the motions shall be deemed submitted for disposition; the Clerk of Court shall ensure that John J. McGee, Ph.D., receives a copy of this memorandum and order, as well as the court's memorandum and order dated April 13, 2010 56 . Ordered by Judge Richard G. Kopf. (copies mailed as directed)(CJP)

April 14, 2010

April 14, 2010

RECAP
63

MEMORANDUM AND ORDER that the motions for reimbursement 49 , 50 , 51 , 52 , 53 , 54 filed by independent expert John J. McGee, Ph.D., shall be denied as moot for the reason that the independent expert has filed amended motions for reimbursemen t 60 , 61 , 62 ; however, the supporting documentation that was submitted with the now-moot motions 49 , 50 , 51 , 52 , 53 , 54 shall be considered in the court's review of the independent expert's amended motions for reimbursemen t 60 , 61 , 62 ; the State of Nebraska shall file any desired comments or objections to the independent expert's amended motions for reimbursement 60 , 61 , 62 on or before May 14, 2010, after which the pending motions shall be deemed submitted for decision. Ordered by Judge Richard G. Kopf. (Copy mailed to independent expert John J. McGee, PH.D.)(CJP)

May 6, 2010

May 6, 2010

RECAP
13

LETTER − Activities and expense report of independent expert John J. McGee. (LKL) (Entered: 09/19/2008)

Sept. 19, 2008

Sept. 19, 2008

67

MEMORANDUM AND ORDER that the amended motions for reimbursement 60 , 61 , 62 are granted in part, and within 10 days of the date of this order, the Clerk of the United States District Court for the District of Nebraska shall disburse funds for th e consulting services and expenses of Marge Brown of Life Project Consulting, LLC, in the amount of $30,273.37; Macomb-Oakland Regional Center, Inc., in the amount of $26,685.65; and consultant John Williams in the amount of $7,200.00; such funds shall be paid from the interest-bearing account set up by the Clerk of Court pursuant to this court's prior order 9 ; as provided in this court's prior order 9 , the "Clerk is authorized to deduct from any monies deposite d with the Clerk a fee of 10% of the interest earned each time funds are disbursed"; as provided in the parties' settlement agreement ( 10 at 6), and within 45 days of the date of this order, the defendants shall replenish the above-d escribed interestbearing account with the full amount paid by the Clerk of Court to the above-named consultants in order to restore the account's total to $100,000.00; the objections filed by the State of Nebraska 55 64 are granted to t he extent that Dr. McGee's original reimbursement requests 49 , 50 , 51 , 52 , 53 , 54 , 60 , 61 , 62 were not granted in the full amount requested; such objections 55 , 64 are otherwise denied. Ordered by Judge Richard G. Kopf. (copy to financial) (CJP)

May 26, 2010

May 26, 2010

RECAP

TEXT RECEIPT number 4−2511, in the amount of $ 12,000.00 by Defendant State of Nebraska pursuant to Order 14 . (JAB) (Entered: 03/24/2009)

Sept. 24, 2008

Sept. 24, 2008

74

MEMORANDUM AND ORDER - The motion for reimbursement (filing 73 ) is granted, and the Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses of independent expert Maria Lau rence in the amount of $44,306.25 for services provided from September 1, 2010, to October 31, 2010. Within 45 days of the date of this order, the defendants shall replenish the abovedescribed interest-bearing account with the full amount paid by the Clerk of Court to independent expert Maria Laurence in order to restore the account's total to $100,000.00. Ordered by Judge Richard G. Kopf. (JAB)

Dec. 9, 2010

Dec. 9, 2010

RECAP
80

MEMORANDUM AND ORDER granting Motion for Reimbursement 78 . IT IS ORDERED: The motion for reimbursement (filing 78 ) is granted, and the Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses of independent expert Maria Laurence in the amount of $74,287.22 for services provided from November 1, 2010, to December 31, 2010.Such funds shall be paid from the interest-bearing account set up by the Clerk of Court pur suant to this court's prior order (filing 9 ). The Clerk of Court shall disburse such funds as soon as practicable; that is, on the date that the interest-bearing account has been sufficiently replenished by the defendants to allow payment of the full amount. As provided in this court's prior order (filing 9 ), the Clerk is authorized to deduct from any monies deposited with the Clerk a fee of 10% of the interest earned each time funds are disbursed. As provided in the partie s' settlement agreement (filing 10 , at 6), and within 45 days of the date of this order, the defendants shall replenish the above described interest-bearing account with the full amount paid by the Clerk of Court to independent expert Maria Laurence in order to restore the account's total to $100,000.00. DATED this 24th day of March, 2011. Ordered by Judge Richard G. Kopf. (TEL)

March 24, 2011

March 24, 2011

RECAP
15

LETTER − Activities and expense report for September, of independent expert John J. McGee.(JAB) (Entered: 10/15/2008)

Oct. 15, 2008

Oct. 15, 2008

82

MEMORANDUM AND ORDER granting Motion for Reimbursement 81 . IT IS ORDERED: The motion for reimbursement (filing 81 ) is granted, and the Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses of independent expert Maria Laurence in the amount of $79,930.05 for services provided from January 1, 2011, to March 31, 2011. Such funds shall be paid from the interest-bearing account set up by the Clerk of Court pursu ant to this court's prior order (filing 9 ). The Clerk of Court shall disburse such funds as soon as practicable; that is, on the date that the interest-bearing account has been sufficiently replenished by the defendants to allow payment of th e full amount. As provided in this court's prior order (filing 9 ), the "Clerk is authorized to deduct from any monies deposited with the Clerk a fee of 10% of the interest earned each time funds are disbursed." As provided in t he parties' settlement agreement (filing 10 , at 6), and within 45 days of the date of this order, the defendants shall replenish the above described interest-bearing account with the full amount paid by the Clerk of Court to independent expert Maria Laurence in order to restore the account's total to $100,000.00. Ordered by Judge Richard G. Kopf. (TEL)

May 24, 2011

May 24, 2011

RECAP
84

MEMORANDUM AND ORDER granting 83 Motion for Fees of Independent Expert, Maria Laurence, from April 1, 2011 through June 30, 2011. The Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting ser vices and expenses of independent expert Maria Laurence in the amount of $88,533.71 for services provided from April 1, 2011, to June 30, 2011. Such funds shall be paid from the interest-bearing account set up by the Clerk of Court pursuant to t his court's prior order (filing 9 ). Within 45 days of the date of this order, the defendants shall replenish the above-described interest-bearing account with the full amount paid by the Clerk of Court to independent expert Maria Laurence in order to restore the account's total to $100,000.00. Ordered by Judge Richard G. Kopf. (Copy to Finance)(JAB)

Aug. 17, 2011

Aug. 17, 2011

RECAP
86

MEMORANDUM AND ORDER granting 85 Motion for Fees of Independent Expert, Maria Laurence. The Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses of independent expert M aria Laurence in the amount of $45,434.30 for services provided from July 1, 2011, to August 31, 2011. Such funds shall be paid from the interest-bearing account set up by the Clerk of Court pursuant to this court's prior order (filing 9 ) . Within 45 days of the date of this order, the defendants shall replenish the above-described interest-bearing account with the full amount paid by the Clerk of Court to independent expert Maria Laurence in order to restore the account's total to $100,000.00. Ordered by Judge Richard G. Kopf. (Copy to Finance)(JAB)

Oct. 4, 2011

Oct. 4, 2011

RECAP
90

MEMORANDUM AND ORDER granting 89 Motion for Fees of Independent Expert, Maria Laurence. The Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses of independent expert M aria Laurence in the amount of $79,287.37 for services provided from September 1, 2011, to October 31, 2011. Such funds shall be paid from the interest-bearing account set up by the Clerk of Court pursuant to this court's prior order (filin g 9 ). Within 45 days of the date of this order, the defendants shall replenish the above-described interest-bearing account with the full amount paid by the Clerk of Court to independent expert Maria Laurence in order to restore the account's total to $100,000.00. Ordered by Senior Judge Richard G. Kopf. (Copy to Finance)(JAB)

Dec. 14, 2011

Dec. 14, 2011

RECAP
18

LETTER − Activities and expense report of independent expert John J. McGee for November, 2008.(JAB) (Entered: 02/18/2009)

Feb. 18, 2009

Feb. 18, 2009

93

MEMORANDUM AND ORDER granting 92 Motion for Fees of Independent Expert, Maria Laurence. The Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses of independent expert Maria Laurence in the amount of $87,274.05 for services provided from November 1, 2011, to February 29, 2012. Such funds shall be paid from the interest-bearing account set up by the Clerk of Court pursuant to this court's prior order ( filing 9). The Clerk of Court shall disburse such funds as soon as practicable and the Clerk is authorized to deduct from any monies deposited with the Clerk a fee of 10% of the interest earned each time funds are disbursed. As provided in t he parties' settlement agreement (filing 10, at 6), and within 45 days of the date of this order, the defendants shall replenish the abovedescribed interest-bearing account with the full amount paid by the Clerk of Court to independent expert Maria Laurence in order to restore the accounts total to $100,000.00. Ordered by Senior Judge Richard G. Kopf. (E-mailed to Financial Specialist)(ADB)

April 18, 2012

April 18, 2012

RECAP
95

MEMORANDUM AND ORDER - IT IS ORDERED: The motion for reimbursement( filing 94 ) is granted, and the Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses of independent expert Maria Laurence in the amount of $113,131.78 for services provided from March 1, 2012, to May 31, 2012. Such funds shall be paid from the interest-bearing account set up by the Clerk of Court pursuant to this court's prior order (f iling 9 ). The Clerk of Court shall disburse such funds as soon as practicable; that is, on the date that the interest-bearing account has been sufficiently replenished by the defendants to allow payment of the full amount. As provided in thi s court's prior order (filing 9 ), the "Clerk is authorized to deduct from any monies deposited with the Clerk a fee of 10% of the interest earned each time funds are disbursed." As provided in the parties' settlement agre ement (filing 10 , at 6), and within 45 days of the date of this order, the defendants shall replenish the abovedescribed interest-bearing account with the full amount paid by the Clerk of Court to independent expert Maria Laurence in order to restore the accounts total to $100,000.00. Ordered by Senior Judge Richard G. Kopf. (E-mailed to Financial Specialist)(TCL )

Aug. 13, 2012

Aug. 13, 2012

RECAP
19

LETTER − Activities and expense report of independent expert John J. McGee for December, 2008.(JAB) (Entered: 02/18/2009)

Feb. 18, 2009

Feb. 18, 2009

20

LETTER − Activities and expense report of independent expert John J. McGee for January, 2009.(JAB) (Entered: 02/18/2009)

Feb. 18, 2009

Feb. 18, 2009

106

MEMORANDUM AND ORDER - The motion for reimbursement (filing 105 ) is granted, and the Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses of independent expert Mar ia Laurence in the amount of $40,432.17 for services provided from January 1, 2013, to February 1, 2013. Such funds shall be paid from the interest-bearing account set up by the Clerk of Court pursuant to this court's prior order (filin g 9 ). The Clerk of Court shall disburse such funds as soon as practicable; that is, on the date that the interest-bearing account has been sufficiently replenished by the defendants to allow payment of the full amount. As provided in this court 's prior order (filing 9 ), the "Clerk is authorized to deduct from any monies deposited with the Clerk a fee of 10% of the interest earned each time funds are disbursed." As provided in the parties' settlement agreement (filing 10 , at 6), and within 45 days of the date of this order, the defendants shall replenish the abovedescribed interest-bearing account with the full amount paid by the Clerk of Court to independent expert Maria Laurence in order to restore the account's total to $100,000.00. Ordered by Senior Judge Richard G. Kopf. (E-mailed to Finance) (AOA)

March 11, 2013

March 11, 2013

RECAP
21

MOTION for fees for consultants Macomb−Oakland Regional Center, John Williams, and Life Project Consulting (from September, 2008 − December, 2008) filed by Independent Expert John J. McGee. (JAB) (Entered: 02/26/2009)

Feb. 26, 2009

Feb. 26, 2009

109

MEMORANDUM AND ORDER - On or before October 20, 2014, counsel for the parties shall file a joint status report regarding the status of this matter, particularly the necessity of retaining the interest-bearing account maintained by the Clerk of Court. Ordered by Senior Judge Richard G. Kopf. (GJG)

Oct. 6, 2014

Oct. 6, 2014

RECAP
113

ORDER granting 112 Motion for Attorney Fees and the Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses of independent expert Maria Laurence in the amount of $ ;100,632.35 for services provided from January 1, 2014, to December 31, 2014. Such funds shall be paid from the interest- bearing account set up by the Clerk of Court pursuant to this court's prior order (filing 9 ). The Clerk of Court shal l disburse such funds as soon as practicable; that is, on the date that the interest-bearing account has been sufficiently replenished by the defendants to allow payment of the full amount. As provided in this court's prior order (filing 9 ), the "Clerk is authorized to deduct from any monies deposited with the Clerk a fee of 10% of the interest earned each time funds are disbursed." As provided in the parties' settlement agreement (filing 10 , at 6), and withi n 45 days of the date of this order, the defendants shall replenish the above-described interest-bearing account with the full amount paid by the Clerk of Court to independent expert Maria Laurence in order to restore the account's total to $100,000.00. Ordered by Senior Judge Richard G. Kopf. (KMG) Modified on 1/26/2015 to reflect copy to Finance. (JAB)

Jan. 26, 2015

Jan. 26, 2015

RECAP
23

MOTION for Fees − Activities and expense report of independent expert John J. McGee for February, 2009. (JAB) (Entered: 03/10/2009)

March 10, 2009

March 10, 2009

TEXT RECEIPT number 4−2926, in the amount of $ 22,417.09 by Defendant State of Nebraska pursuant to Order 22 . (JAB) (Entered: 03/24/2009)

March 16, 2009

March 16, 2009

TEXT RECEIPT number 4−2929, in the amount of $ 14,790.77 by Defendant State of Nebraska pursuant to Order 22 . (JAB) (Entered: 03/24/2009)

March 17, 2009

March 17, 2009

TEXT RECEIPT number 4−2930, in the amount of $ 16,285.76 by Defendant State of Nebraska pursuant to Order 24 . (JAB) (Entered: 03/24/2009)

March 18, 2009

March 18, 2009

TEXT RECEIPT number 4−2933, in the amount of $ 12,877.83 by Defendant State of Nebraska pursuant to Order 24 . (JAB) (Entered: 03/24/2009)

March 23, 2009

March 23, 2009

25

Mail Returned as Undeliverable addressed to grace.becker@usdoj.gov regarding Receipt (Monetary). E−mail not resent. Attorney no longer works in the office. Motion to withdraw coming. (JAB) (Entered: 05/19/2009)

May 19, 2009

May 19, 2009

26

MOTION to Withdraw as Attorney (Grace Chung Becker) by Attorney Marina Mazor on behalf of Plaintiff United States of America. (Attachments: # 1 Text of Proposed Order Proposed Order)(Mazor, Marina) (Entered: 05/19/2009)

May 19, 2009

May 19, 2009

27

TEXT NOTICE REGARDING PROPOSED ORDER attached to motion withdraw as attorney 26 by Deputy Clerk. Pursuant to NECivR 7.2, a moving party shall submit a proposed order to the judge. Electronically submitted proposed orders may not be combined with the motion into one document. The proposed order should be e−mailed in a word−processing format to the assigned judge. This notice is for your information for future filings. (SED) (Entered: 05/20/2009)

May 20, 2009

May 20, 2009

29

LETTER − Activities and Expense Report of Independent Expert John J. McGee for March 2009. (JAB) (Entered: 07/20/2009)

July 20, 2009

July 20, 2009

30

LETTER − Activities and Expense Report of Independent Expert John J. McGee for April 2009. (JAB) (Entered: 07/20/2009)

July 20, 2009

July 20, 2009

31

LETTER − Activities and Expense Report of Independent Expert John J. McGee for May 2009. (JAB) (Entered: 07/20/2009)

July 20, 2009

July 20, 2009

32

LETTER − Activities and Expense Report of Independent Expert John J. McGee for June 2009. (JAB) (Entered: 07/20/2009)

July 20, 2009

July 20, 2009

33

MOTION to Appoint Counsel by Attorney Mark A. Ludwig on behalf of Defendants John Wyvill, Ron Stegemann, State of Nebraska, Dave Heineman, Christine

July 23, 2009

July 23, 2009

36

NOTICE of Appearance by Attorney Bradley Gianakos on behalf of Defendants John Wyvill, Ron Stegemann, State of Nebraska, Dave Heineman, Christine Peterson (Gianakos, Bradley) (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

37

MOTION to Withdraw as Attorney by Attorney Bradley Gianakos on behalf of Defendants John Wyvill, Ron Stegemann, State of Nebraska, Dave Heineman, Christine Peterson.(Gianakos, Bradley) (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

38

MOTION to Withdraw as Attorney by Attorney Bradley Gianakos on behalf of Defendants John Wyvill, Ron Stegemann, State of Nebraska, Dave Heineman, Christine Peterson.(Gianakos, Bradley) (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

39

TEXT NOTICE REGARDING ELECTRONIC SIGNATURE re certificates of services to Motion to Withdraw as Attorney 37 , Motion to Withdraw as Attorney 38 and Notice of Appearance 36 by Deputy Clerk. This document does not comply with NECivR 11.1(a) regarding signatures as to the certificates of service. This notice is for your information for future filings.(SED) (Entered: 08/17/2009)

Aug. 17, 2009

Aug. 17, 2009

41

INDEPENDENT EXPERT REPORT Quarter 2, 2009 filed by John J. McGee, PhD. (JAB) (Entered: 09/29/2009)

Sept. 29, 2009

Sept. 29, 2009

42

MOTION for Fees of Independent Expert John J. McGee, PhD., for July, 2009. (JAB) (Entered: 09/29/2009)

Sept. 29, 2009

Sept. 29, 2009

43

MOTION for Fees of Independent Expert John J. McGee, PhD for August, 2009. (JAB) (Entered: 09/29/2009)

Sept. 29, 2009

Sept. 29, 2009

45

MOTION for Fees of Independent Expert John J. McGee, PhD for September, 2009. (JAB) (Entered: 12/02/2009)

Dec. 2, 2009

Dec. 2, 2009

46

MOTION for Fees of Independent Expert John J. McGee, PhD for October, 2009(JAB) (Entered: 12/02/2009)

Dec. 2, 2009

Dec. 2, 2009

48

NOTICE OF RESIGNATION AND REPLACEMENT OF INDEPENDENT EXPERT by Attorney Bradley Gianakos on behalf of Defendants Dave Heineman, Christine Peterson, State of Nebraska, Ron Stegemann, John Wyvill, Plaintiff United States of America (Gianakos, Bradley) (Entered: 12/22/2009)

Dec. 22, 2009

Dec. 22, 2009

TEXT RECEIPT number 4−3575, in the amount of $ 48,960.87 by Defendant State of Nebraska pursuant to Order 44 and 47 . (AOA) (Entered: 01/21/2010)

Jan. 21, 2010

Jan. 21, 2010

49

MOTION for Fees of Consultant John Williams from January − May, 2009 filed by Independent Expert John J. McGee, PhD. (Attachments: # 1 Cover letter) (CD Attachment [AT49] Maintained in Clerk's Office) ACCESS TO THE COVER LETTER IS RESTRICTED PURSUANT TO THE E−GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT.(JAB) (Entered: 03/26/2010)

March 24, 2010

March 24, 2010

50

MOTION for Fees of Consultant John Williams from June − July, 2009 filed by Independent Expert John J. McGee, PhD. (Attachments: # 1 Cover letter) ACCESS TO THE COVER LETTER IS RESTRICTED PURSUANT TO THE E−GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT.(JAB) (Entered: 03/26/2010)

March 24, 2010

March 24, 2010

51

MOTION for Fees of Consultant Marge Brown of Life Project Consulting from January − May, 2009 filed by Independent Expert John J. McGee, PhD. (Attachments: # 1 Cover letter) (CD Attachment [AT51] Maintained in Clerk's Office) ACCESS TO THE COVER LETTER IS RESTRICTED PURSUANT TO THE E−GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT.(JAB) (Entered: 03/26/2010)

March 24, 2010

March 24, 2010

52

MOTION for Fees of Consultant Marge Brown of Life Project Consulting from June−July, 2009 filed by Independent Expert John J. McGee, PhD. (Attachments: # 1 Cover letter) ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E−GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT.(JAB) (Entered: 03/26/2010)

March 24, 2010

March 24, 2010

53

MOTION for Fees of Consultants from Macomb−Oakland Regional Center from January − May, 2009 filed by Independent Expert John J. McGee, PhD. (Attachments: # 1 Cover letter) ACCESS TO THE COVER LETTER IS RESTRICTED PURSUANT TO THE E−GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT.(JAB) (Entered: 03/26/2010)

March 24, 2010

March 24, 2010

54

MOTION for Fees of Consultants from Macomb−Oakland Regional Center from June−July, 2009 filed by Independent Expert John J. McGee, PhD. (Attachments: # 1 Cover letter) ACCESS TO THE COVER LETTER IS RESTRICTED PURSUANT TO THE E−GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT. (JAB) (Entered: 03/26/2010)

March 24, 2010

March 24, 2010

57

LETTER from John J. McGee, Ph.D. regarding submission of receipts. (JSF) (Entered: 04/13/2010)

April 13, 2010

April 13, 2010

59

LETTER from John J. McGee, Ph.D. regarding submission of receipts.(CJP) (Entered: 05/04/2010)

May 3, 2010

May 3, 2010

60

INFORMATIVE MOTION reimbursement of services rendered by consultant Marge Brown for the independent expert. (Attachments: # 1 Transmittal Letter)(CJP) ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E−GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT. (Entered: 05/04/2010)

May 3, 2010

May 3, 2010

61

INFORMATIVE MOTION reimbursement of services rendered by the Macomb−Oakland Regional Center Consultants for the independent expert. (Attachments:# 1 Transmittal Letter)(CJP) ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E−GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT. (Entered: 05/04/2010)

May 3, 2010

May 3, 2010

62

INFORMATIVE MOTION reimbursement of services rendered by consultant John Williams for the independent expert (Attachments: # 1 Transmittal Letter)(CJP) ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E−GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT. (Entered: 05/04/2010)

May 3, 2010

May 3, 2010

64

OBJECTION to Motion for Miscellaneous Relief, 61 , Motion for Miscellaneous Relief, 62 , Motion for Miscellaneous Relief, 60 by Attorney Bradley Gianakos on behalf of Defendants Dave Heineman, Christine Peterson, State of Nebraska, Ron Stegemann, John Wyvill.(Gianakos, Bradley) (Entered: 05/14/2010)

May 14, 2010

May 14, 2010

66

RESPONSE regarding OBJECTION 64 by John McGee. (ADB, ) (Entered: 05/20/2010)

May 20, 2010

May 20, 2010

68

MEMORANDUM AND ORDER granting 65 Motion for reimbursement, and within 10 days of the date of this order, the Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses of independent expert Maria Laurence in the amount of $60,525.55 for services provided from January 1, 2010, to April 30, 2010. Such funds shall be paid from the interest−bearing account set up by the Clerk of Court pursuant to this court's prior order 9 . As provided in this court's prior order 9 , the "Clerk is authorized to deduct from any monies deposited with the Clerk a fee of 10% of the interest earned each time funds are disbursed." As provided in the parties' settlement agreement ( 10 at 6), and within 45 days of the date of this order, the defendants shall replenish the above−described interest−bearing account with the full amount paid by the Clerk of Court to independent expert Maria Laurence in order to restore the account's total to $100,000.00. Ordered by Judge Richard G. Kopf. (Copy to Financial) (JSF) (Entered: 06/22/2010)

June 22, 2010

June 22, 2010

TEXT RECEIPT number 4−3924, in the amount of $ 68,054.05 by Defendant State of Nebraska pursuant to order 67 . (AOA) (Entered: 07/01/2010)

June 29, 2010

June 29, 2010

TEXT RECEIPT number 4−3930, in the amount of $ 60,525.55 by Defendant State of Nebraska pursuant to order 68 . (AOA) (Entered: 07/07/2010)

July 6, 2010

July 6, 2010

69

MOTION for Fees of Independent Expert, Maria Laurence, for May 1, 2010 through July 31, 2010. (Attachments: # 1 Cover letter)(JAB) (Entered: 08/31/2010)

Aug. 31, 2010

Aug. 31, 2010

70

MEMORANDUM AND ORDER − The motion for reimbursement (filing 69 ) is granted, and within 10 days of the date of this order, the Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses of independent expert Maria Laurence in the amount of $75,112.23 for services provided from May 1, 2010, to July 31, 2010. Within 45 days of the date of this order, the defendants shall replenish the abovedescribed interest−bearing account with the full amount paid by the Clerk of Court to independent expert Maria Laurence in order to restore the account's total to $100,000.00. Ordered by Judge Richard G. Kopf. (Copy to Financial)(JAB) (Entered: 09/13/2010)

Sept. 13, 2010

Sept. 13, 2010

71

MOTION for Fees of Independent Expert, Maria Laurence, for August 1 through August 31, 2010. (TCL ) (Entered: 10/12/2010)

Oct. 12, 2010

Oct. 12, 2010

TEXT RECEIPT number 4−4239, in the amount of $ 75,112.23 by Defendant State of Nebraska pursuant to order 70 . (TEL) (Entered: 12/14/2010)

Nov. 8, 2010

Nov. 8, 2010

TEXT RECEIPT number 4−4238, in the amount of $ 44,068.50 by Defendant State of Nebraska pursuant to order 72 . (TEL) (Entered: 12/14/2010)

Nov. 8, 2010

Nov. 8, 2010

73

MOTION for Fees of Independent Expert, Maria Laurence, for September 1 through October 31, 2010. (JAB) (Entered: 11/19/2010)

Nov. 19, 2010

Nov. 19, 2010

75

MEMORANDUM AND ORDER − On March 1, 2011, my law clerk took a telephone call from independent expert Maria Laurence, the substance of which is summarized in the attached memorandum. The Clerk of Court shall file this order and the attached memorandum and treat them as restricted documents only available to counsel; and The court will take no further action. Ordered by Judge Richard G. Kopf. (ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E−GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT) (Attachments: # 1 Memorandum)(JAB) (Entered: 03/01/2011)

March 1, 2011

March 1, 2011

76

MOTION to Withdraw as Attorney by Attorney Bradley Gianakos on behalf of Defendants Dave Heineman, Christine Peterson, State of Nebraska, Ron Stegemann, John Wyvill.(Gianakos, Bradley) (Entered: 03/02/2011)

March 2, 2011

March 2, 2011

77

NOTICE of Appearance by Attorney Matthew J. Effken on behalf of Defendants Dave Heineman, Christine Peterson, State of Nebraska, Ron Stegemann, John Wyvill (Effken, Matthew) (Entered: 03/02/2011)

March 2, 2011

March 2, 2011

78

MOTION for Fees of Independent Expert, Maria Laurence, from November 1, 2010 to December 31, 2010. (TEL) (Entered: 03/04/2011)

March 4, 2011

March 4, 2011

79

TEXT ORDER granting 76 Defendant's Motion to Withdraw as Attorney. Attorney Bradley Gianakos is allowed to withdraw from this case. Ordered by Judge Richard G. Kopf. (JAB) (Entered: 03/07/2011)

March 7, 2011

March 7, 2011

81

MOTION for Fees of Independent Expert, Maria Laurence, from January 1, 2011 through March 31, 2011. (TEL) (Entered: 05/05/2011)

May 5, 2011

May 5, 2011

83

MOTION for Fees of Independent Expert, Maria Laurence, from April 1, 2011 through June 30, 2011. (TEL) (Entered: 07/25/2011)

July 25, 2011

July 25, 2011

TEXT RECEIPT number 4−4837, in the amount of $ 79,930.05 by Defendant State of Nebraska pursuant to order 82 . (AOA) (Entered: 08/12/2011)

Aug. 12, 2011

Aug. 12, 2011

Case Details

State / Territory: Nebraska

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: March 7, 2008

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The United States 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 Nebraska, State

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2008 - 2015

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

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

Reasonable Accommodation

Issues

General:

Classification / placement

Conditions of confinement

Counseling

Habilitation (training/treatment)

Recreation / Exercise

Totality of conditions

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Mental health care, general

Type of Facility:

Government-run