Case: U.S. v. State of Georgia

1:09-cv-00119 | U.S. District Court for the Northern District of Georgia

Filed Date: Jan. 15, 2009

Closed Date: 2014

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Case Summary

On May 30, 2008, the United States Department of Justice (DOJ) conducted a CRIPA investigation of the Georgia Regional Hospital in Atlanta (GRHA) and recorded several statutory violations. The DOJ concluded that numerous conditions and practices at GRHA violated the constitutional and statutory rights of its residents. In particular, the DOJ found that GRHA: (1) failed to adequately protect its patients from harm; (2) failed to provide appropriate mental health treatment; (3) failed to use seclusion and restraints appropriately; (4) failed to provide adequate nursing and health care; (5) failed to provide adequate services to populations with specialized needs; and (6) failed to provide adequate discharge planning to ensure placement in the most integrated setting. Then, on January 15, 2009, the DOJ conducted another CRIPA investigation, this time of the Northwest Georgia Regional Hospital in Rome. In this investigation, it established the same list of violations it found in its May 30, 2008 investigation.

As a result, the DOJ filed this lawsuit against the State of Georgia on January 15, 2009 in the Northern District Court of Georgia. The case was assigned to Judge Charles A. Pannell, Jr. The U.S. alleged that the services, protections, support, and treatment provided by the GRHA, which housed individuals with developmental disabilities, mental illness, and addictive diseases, was below professional standards and standards required by federal law. The complaint sought injunctive relief to remedy several areas in which the facility's services departed from acceptable standards, including the prevention of abuse and neglect, the provision of mental health services, general healthcare, nutrition, and the provision of physical therapy.

The U.S. brought claims under the Americans with Disabilities Act ("ADA"), alleging that Georgia had failed to meet its obligation to provide appropriate services to individuals with disabilities in the most integrated setting possible, to provide adequate special education services where appropriate, or to ensure the inclusion of those with limited English skills. The U.S. also brought claims under the Due Process Clause of the Fourteenth Amendment, Titles XVIII and XIX of the Social Security Act ("SSA"), the Individuals with Disabilities Education Act ("IDEA"), and Title VI of the Civil Rights Act of 1964.

On the same day the U.S. filed its complaint, the parties submitted a negotiated settlement agreement. The proposed Agreement applied to all Georgia Psychiatric Hospitals and included extensive provisions aimed at the following: 1) protecting patients from harm; 2) improving mental health care; 3) improving treatment planning; 4) eliminating the use of seclusion or restraint except in the case of specific emergencies; 5) improving medical and nursing care; 6) developing service programs for patients with specialized needs, such as limited English proficiency; and 7) pursuing discharge planning whenever possible. The Agreement proposed several methods through which these areas would be improved, including staff training, the creation and implementation of protocols and policies, and monitoring. The parties asked the court to retain jurisdiction over the matter during the period of enforcement.

On February 11, 2009, Judge Charles A. Pannell issued an order adopting the proposed settlement agreement on a temporary basis.

Soon afterward, on March 2, 2009, private individuals and Georgia Advocacy, Inc. filed objections to the proposed Agreement. In sum, these stakeholders argued that the Agreement failed to indicate any plan through which the State would reach the goals it set out to achieve. As such, the stakeholders argued that it was nothing but a promise by the State to "do better." Accordingly, they sought that the parties include a "meaningful and concrete corrective action plan" before approving the Settlement Agreement. The parties and stakeholders met to discuss the issue and, on June 12, 2009, the United States filed a status report explaining that all interested parties had agreed the State would work with the U.S. and stakeholders to create an implementation plan, which it would submit along with its first compliance report.

Given these new terms, on September 30, 2009, the court ordered that the parties submit a new proposed agreement, prompting another round of negotiations.

On January 28, 2010, the U.S. filed a motion for a preliminary injunction. The U.S. alleged that defendant continued to fail to serve individuals in their hospitals in the most integrated setting possible and that those individuals continued to face an unacceptable risk of serious physical harm—including death, suicide, and assault—due to inadequate services. Among other things, the U.S. asked that the State be required to immediately take steps to place individuals in the most integrated setting possible, that an independent monitor be appointed promptly to monitor the State's progress toward implementing the proposed Order, and that the monitor issue an action plan within one month of appointment.

The motion also indicated that, given the uncertain status of the Settlement Agreement and the defendant's failure to implement its terms, the U.S. did not intend to renew the motion to finalize the Settlement Agreement. Instead, along with the motion for a preliminary injunction, it filed a Complaint in a separate case and moved to file an Amended Complaint in the ongoing case. The U.S. sought to consolidate the two cases and indicated that together, they would provide relief the U.S. requested. The Complaint in the new case was brought under the ADA, while the proposed Amended Complaint in the existing case was brought under CRIPA.

In response, on February 15, 2010, the defendant filed to enforce the Settlement Agreement, arguing that it was binding as a temporary order of the court.

While all of these motions were pending, on August 9, 2010, Judge Pannell ordered the parties to begin discovery.

On September 23, 2010, Judge Pannell denied plaintiff's motions to amend the Complaint and consolidate the cases. The court ordered that the 2009 proposed Settlement Agreement would be adopted as a final order, and explained that the issues the U.S. sought to remedy through an Amended Complaint could instead be addressed through the Complaint filed under the new case in January 2010 ("the 2010 case"). The court also explained that the two cases should remain separate to maintain judicial efficiency and avoid confusion. As for the motion for a preliminary injunction, the court found that because the Settlement Agreement did not address issues related to the immediate relief requested, the U.S. should refile the motion in the 2010 case.

On October 19, 2010, the parties jointly moved to return the case to the court's inactive docket and retain jurisdiction only to enforce the Settlement Agreement. The court granted the motion on October 21.

On February 5, 2014, the parties notified the court that the Settlement Agreement had terminated on January 15, 2014. The parties indicated that the State had achieved substantial compliance with the terms of the Agreement and explained that they would continue to pursue discharge and planning goals through the Agreement reached in the 2010 case. The court dismissed the case with prejudice on February 28, 2014. The case is now closed.

	Document
1:09-cv-00119	Docket [PACER] United States of America v. State of Georgia	Feb. 28, 2014	Feb. 28, 2014 Docket
1:09-cv-00119	CRIPA Investigation of the Georgia Regional Hospital in Atlanta - Findings Letter CRIPA Investigation of Georgia State Hospitals No Court	May 30, 2008	May 30, 2008 Findings Letter/Report
1 1:09-cv-00119	Complaint United States of America v. The State of Georgia	Jan. 15, 2009	Jan. 15, 2009 Complaint
1:09-cv-00119	CRIPA Investigation of the Northwest Georgia Regional Hospital in Rome - Findings Letter CRIPA Investigation of Georgia State Hospitals No Court	Jan. 15, 2009	Jan. 15, 2009 Findings Letter/Report
7-1 1:09-cv-00119	Settlement Agreement	Feb. 10, 2009	Feb. 10, 2009 Settlement Agreement
1:09-cv-00119	Memorandum of Law in Support of the United States' Motion for Immediate Relief U.S. v. Georgia	Jan. 28, 2010	Jan. 28, 2010 Pleading / Motion / Brief
55 1:09-cv-00119	Motion for Immediate Relief U.S. v. Georgia	Jan. 28, 2010	Jan. 28, 2010 Pleading / Motion / Brief
53 1:09-cv-00119	Amended Complaint U.S. v. Georgia	Jan. 28, 2010	Jan. 28, 2010 Complaint
152 1:09-cv-00119	Order	Sept. 24, 2010	Sept. 24, 2010 Order/Opinion
187 1:09-cv-00119	Notice of Termination of Settlement Agreement and Joint Request to Close Case U.S. v. Georgia	Feb. 5, 2014	Feb. 5, 2014 Pleading / Motion / Brief

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed by United States of America. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. (Attachments: # 1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 01/21/2009)	Jan. 15, 2009	Jan. 15, 2009 Clearinghouse
2	JOINT MOTION that the Court Enter the Parties' Negotiated Settlement Agreement by United States of America, The State of Georgia, Sonny Perdue, B. J. Walker, Gwendolyn Skinner and Susan Trueblood. (Attachments: # 1 Text of Proposed Order)(eop) (Entered: 01/21/2009)	Jan. 15, 2009	Jan. 15, 2009
3	ORDER directing the clerk to file Ms. Wainscott's letter, with attachments and mail a copy of this order to her; Ms. Wainscott may file a summary of her concerns and specific recommendations for improvement regarding the mental health system in Georgia with this court no later than 3/1/2009; upon receipt of Ms. Wainscott's list of concerns and recommendations, both parties will respond no later than 3/21/2009; and after the responses are filed, the court will set a date for hearing on these issues. Signed by Judge Charles A. Pannell, Jr on 1/31/2009. (gar) (Entered: 02/02/2009)	Jan. 30, 2009	Jan. 30, 2009
4	Letter to Court re Proposed Settlement Agreement (Attachments: # 1 Attachments) (gar) (Entered: 02/02/2009)	Jan. 30, 2009	Jan. 30, 2009
	Clerks Certificate of Mailing as to Cynthia Wainscott re 3 Order (gar)	Feb. 2, 2009	Feb. 2, 2009
5	Minute Entry for proceedings held before Judge Charles A. Pannell, Jr: Telephone Conference held on 2/9/2009. Parties to present a provisional agreement for the Court's signature. (Court Reporter Martha Fructhey)(gar) (Entered: 02/10/2009)	Feb. 9, 2009	Feb. 9, 2009
6	Letter to the Court re upcoming response to Order of 1/30/2009 (gar) (Entered: 02/10/2009)	Feb. 9, 2009	Feb. 9, 2009
7	Joint MOTION for Order For Entry of Negotiated Settlement Agreement by United States of America. (Attachments: # 1 Settlement Agreement, # 2 Text of Proposed Order)(Berne, Amy) (Entered: 02/10/2009)	Feb. 10, 2009	Feb. 10, 2009
8	Letter to the Court re proposed settlement agreement and responding to 4 Letter. (gar) (Entered: 02/11/2009)	Feb. 11, 2009	Feb. 11, 2009
9	ORDER hereby adopting the 7 proposed settlement agreement as the temporary order of the court so that the parties can proceed with implementation and enforcement of its terms pending final approval. Signed by Judge Charles A. Pannell, Jr on 2/11/2009. (gar) (Entered: 02/12/2009)	Feb. 11, 2009	Feb. 11, 2009 Clearinghouse
	Clerks Certificate of Mailing as to Cynthia Wainscott re 9 Order (gar)	Feb. 12, 2009	Feb. 12, 2009
10	OBJECTIONS by Cynthia Wainscott and The Carter Center Mental Health Program. (adg) (Entered: 03/03/2009)	March 2, 2009	March 2, 2009
11	OBJECTIONS by Georgia Advocacy, Inc. to the Proposed Settlement Agreement. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(adg) (Entered: 03/03/2009)	March 2, 2009	March 2, 2009
12	RESPONSE re 11 Objection (Response to the Concerns of the Georgia Advocates )filed by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Mygatt, Timothy) Modified on 3/25/2009 to correct docket text (adg). (Entered: 03/20/2009)	March 20, 2009	March 20, 2009
13	RESPONSE re 10 Objections of Cynthia Wainscott and the Carter Center and Others, filed by The State of Georgia, Sonny Perdue, B. J. Walker, Gwendolyn Skinner, Susan Trueblood. (Attachments: # 1 Exhibit 1)(Naunas, Jason) Modified on 3/25/2009 to correct docket text (adg). (Entered: 03/20/2009)	March 20, 2009	March 20, 2009
14	DOCUMENT FILED IN ERROR Certification of Consent to Substitution of Counsel. Mina Rhee replacing attorney Amy L. Berne. (Rhee, Mina) Modified on 4/2/2009 (adg). (Entered: 04/01/2009)	April 1, 2009	April 1, 2009
15	NOTICE Of Filing Corrected Certificate of Substitution of Counsel by United States of America (Rhee, Mina) (Entered: 04/01/2009)	April 1, 2009	April 1, 2009
	Submission of 2 MOTION for Order, submitted to District Judge Charles A. Pannell. (adg)	April 3, 2009	April 3, 2009
16	ORDER directing Georgia Advocacy, Inc. and Ms. Wainscott to reply to the United States of America's 12 Response and the State of Georgia's 13 Response no later than 4/21/2009. Additionally, the court DIRECTS all of the interested parties to meet no later than 6/5/2009, in order to discuss the various issues of concern and attempt to reach a resolution amongst themselves. The parties are DIRECTED to file a joint report updating the court as to the status of what resolutions have been made and what issues remain no later than 6/12/2009. Signed by Judge Charles A. Pannell, Jr on 4/6/2009. (gar) (Entered: 04/06/2009)	April 6, 2009	April 6, 2009
17	APPLICATION for Admission of Alison N. Barakoff Pro Hac Viceby Cynthia Wainscott.Filing Fee received $150.00, Receipt #11457. (Attachments: # 1 Proposed Order of Admission)(adg) (Entered: 04/20/2009)	April 17, 2009	April 17, 2009
18	APPLICATION for Admission of Ira Burnim Pro Hac Vice by Cynthia Wainscott.Filing Fee received $150.00, Receipt #11457. (Attachments: # 1 Proposed Order of Admission)(adg) (Entered: 04/20/2009)	April 17, 2009	April 17, 2009
19	NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 04-01 as to Kenneth S. Canfield re 17 APPLICATION for Admission of Alison N. Barakoff Pro Hac Vice, 18 APPLICATION for Admission of Ira Burnim Pro Hac Vice. (adg) (Entered: 04/20/2009)	April 20, 2009	April 20, 2009
	APPROVAL by Clerks Office re: 17 APPLICATION for Admission of Alison N. Barakoff Pro Hac Vice. Attorney Alison N. Barkoff added appearing on behalf of Cynthia Wainscott (cdg) Modified on 4/21/2009 to remove Georgia Advocacy, Inc. as a filer (adg).	April 20, 2009	April 20, 2009
	APPROVAL by Clerks Office re: 18 APPLICATION for Admission of Ira Burnim Pro Hac Vice. Attorney Ira A. Burnim added appearing on behalf of Cynthia Wainscott. (cdg) Modified on 4/21/2009 to remove Georgia Advocacy, Inc. as a filer(adg).	April 20, 2009	April 20, 2009
20	REPLY re 13 Response to Objection, 12 Response to Objection re Concerns of Georgia Advocates filed by Cynthia Wainscott and the Carter Center Mental Health Program . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Canfield, Kenneth) Modified on 4/21/2009 to correct docket text and indicate correct filers (adg). (Entered: 04/21/2009)	April 21, 2009	April 21, 2009
21	ORDER GRANTING 18 Application for Admission Pro Hac Vice of Ira Burnim. Signed by Judge Charles A. Pannell, Jr on 4/21/2009. (adg) (Entered: 04/21/2009)	April 21, 2009	April 21, 2009
22	ORDER GRANTING 17 Application for Admission Pro Hac Vice of Alison Barkoff. Signed by Judge Charles A. Pannell, Jr on 4/21/2009. (adg) (Entered: 04/21/2009)	April 21, 2009	April 21, 2009
23	REPLY to Response to Motion re 2 MOTION for Order Reply of Georgia Advocacy Office to United States' and Georgia's Responses to Objections filed by Georgia Advocacy, Inc.. (Norris, Joshua) (Entered: 04/22/2009)	April 21, 2009	April 21, 2009
	Notification of Docket Correction re Approval of Applications for Admission Pro Hac Vice of Alison N. Barakoff and Ira Burnim. Modified on 4/21/2009 per notification from attorney Alison N. Barakoff, counsel does not represent Georgia Advocacy, Inc. only Cynthia Wainscott. (adg)	April 21, 2009	April 21, 2009
	Notification of Docket Correction re 20 Reply to Response. Modified on 4/21/2009 to correct docket text and indicate correct filers. (adg)	April 21, 2009	April 21, 2009
24	ORDER Clarifying 16 Order in which the parties are directed to file a joint status report no later than 6/12/2009. The Court intended the term "parties" to mean all interested parties, to include the litigating parties, Ms. Cynthia Wainscott, The Carter Center Mental Health Program and Georgia Advocacy Inc. Signed by Judge Charles A. Pannell, Jr on 06/01/2009. (rvb) (Entered: 06/01/2009)	June 1, 2009	June 1, 2009
25	ORDER for the purpose of including attached correspondence on the record. Signed by Judge Charles A. Pannell, Jr on 06/04/2009. (Attachments: # 1 Correspondence)(rvb) (Entered: 06/05/2009)	June 4, 2009	June 4, 2009
26	STATUS REPORT by United States of America. (Attachments: # 1 Title Page, # 2 Exhibit A)(Rhee, Mina) (Entered: 06/12/2009)	June 12, 2009	June 12, 2009
27	Request for Leave of Absence for the following date(s): 09/21/09, 09/22/09, 09/23/09, 09/24/09, 09/25/09, 09/26/09, 09/27/09, 09/28/09, by Jason S. Naunas. (Naunas, Jason) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009
28	NOTICE by The State of Georgia, Sonny Perdue, B. J. Walker, Gwendolyn Skinner, Susan Trueblood re 26 Status Report Re: Defendants' Initial Compliance Report Filed Pursuant to the Request of the United States (Attachments: # 1 Exhibit 1 PART A: Plan, # 2 Exhibit 1 PART B: Plan (continued))(Naunas, Jason) (Entered: 09/15/2009)	Sept. 15, 2009	Sept. 15, 2009
29	ORDER DISMISSING 2 Motion for Entry of Settlement Agreement because the DOJ has indicated that it no longer agrees with the motion. Upon the court's receipt of the joint status report filed by the DOJ and the coalition of advocacy groups, the court will determine whether a status conference is necessary. Moreover, the State of Georgia will be permitted an opportunity to respond to such report if necessary. Finally, the named parties may also resubmit a motion for the court to permanently adopt the settlement agreement. Signed by Judge Charles A. Pannell, Jr on 9/30/2009. (adg) (Entered: 09/30/2009)	Sept. 30, 2009	Sept. 30, 2009
30	STATUS REPORT Joint Status Report of the United States and Amici Curiae by Georgia Advocacy, Inc.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13)(Norris, Joshua) (Entered: 09/30/2009)	Sept. 30, 2009	Sept. 30, 2009
31	MOTION for Order For Status Conference by United States of America. (Attachments: # 1 Text of Proposed Order)(Rhee, Mina) (Entered: 10/01/2009)	Oct. 1, 2009	Oct. 1, 2009
32	MOTION For Time To Respond To Joint Status Report Of The United States and Amici Curiae 31 MOTION for Order For Status Conference by The State of Georgia, Sonny Perdue, B. J. Walker, Gwendolyn Skinner, Susan Trueblood. (Naunas, Jason) (Entered: 10/01/2009)	Oct. 1, 2009	Oct. 1, 2009
33	Minute Entry for proceedings held before Judge Charles A. Pannell, Jr: Telephone Conference held on 10/8/2009. The court clarified that the order entered 9/30/2009 does not vacate the court's order entered February, 2009. The February, 2009 order is still in effect. The State has until October 28 to respond to the Status Report filed with the court. Written order to follow. Hearing Concluded. (Court Reporter Martha Frutchey)(adg) (Entered: 10/08/2009)	Oct. 8, 2009	Oct. 8, 2009

Case: U.S. v. State of Georgia

1:09-cv-00119 | U.S. District Court for the Northern District of Georgia

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