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

Clearinghouse coding complete

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 secl…

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.

Summary Authors

Lauren Latterell Powell (1/8/2018)

Jake Parker (6/29/2018)

Related Cases

U.S. v. Georgia, Northern District of Georgia (2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14228295/parties/united-states-v-the-state-of-georgia/


Judge(s)
Attorney for Plaintiff

Aminfar, Amin (District of Columbia)

Bagenstos, Samuel R. (District of Columbia)

Becker, Grace Chung (District of Columbia)

Attorney for Defendant
Expert/Monitor/Master/Other

Barkoff, Alison (District of Columbia)

Basford, Wayne Hampton (Georgia)

Judge(s)

Pannell, Charles A. Jr. (Georgia)

show all people

Documents in the Clearinghouse

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

1:09-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
1

1:09-cv-00119

Complaint

United States of America v. The State of Georgia

Jan. 15, 2009

Jan. 15, 2009

Complaint
7-1

1:09-cv-00119

Settlement Agreement

Feb. 10, 2009

Feb. 10, 2009

Settlement Agreement
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

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
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

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14228295/united-states-v-the-state-of-georgia/

Last updated Feb. 6, 2024, 3:02 a.m.

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

PACER
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

PACER
4

Letter to Court re Proposed Settlement Agreement (Attachments: # 1 Attachments) (gar) (Entered: 02/02/2009)

Jan. 30, 2009

Jan. 30, 2009

PACER

Clerks Certificate of Mailing as to Cynthia Wainscott re 3 Order (gar)

Feb. 2, 2009

Feb. 2, 2009

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
10

OBJECTIONS by Cynthia Wainscott and The Carter Center Mental Health Program. (adg) (Entered: 03/03/2009)

March 2, 2009

March 2, 2009

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

Submission of 2 MOTION for Order, submitted to District Judge Charles A. Pannell. (adg)

April 3, 2009

April 3, 2009

PACER
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

PACER
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

PACER
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

PACER
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

PACER

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

PACER

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

PACER
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

PACER

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

PACER

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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
34

ORDER clarifying the Court's 29 Order of 9/30/2009 and GRANTING 32 Motion for Time to Respond to the Joint Status Report, giving the defendants until 10/28/2009 to respond. After receipt of the defendants' response, the court will then determine whether a status conference or hearing is necessary in this matter. Signed by Judge Charles A. Pannell, Jr on 10/8/2009. (adg) (Entered: 10/09/2009)

Oct. 8, 2009

Oct. 8, 2009

PACER
35

TRANSCRIPT of Proceedings held on 10/8/09 (Tele Conf) before Judge Charles A. Pannell, Jr. Court Reporter/Transcriber Martha J. Frutchey, Telephone number 404-215-1573. 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. Redaction Request due 11/9/2009. Redacted Transcript Deadline set for 11/19/2009. Release of Transcript Restriction set for 1/19/2010. (Attachments: # 1 Notice of Filing Transcript) (pjm) (Additional attachment(s) added on 10/20/2009: # 2 Verification of Financial Arrangements) (pjm). (Entered: 10/20/2009)

Oct. 19, 2009

Oct. 19, 2009

PACER
36

RESPONSE re 30 Status Report, filed by The State of Georgia, Sonny Perdue, B. J. Walker, Gwendolyn Skinner, Susan Trueblood. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Naunas, Jason) (Entered: 10/28/2009)

Oct. 28, 2009

Oct. 28, 2009

PACER

Submission of 31 MOTION for Order For Status Conference, submitted to District Judge Charles A. Pannell. (adg)

Nov. 3, 2009

Nov. 3, 2009

PACER
37

MOTION for Order for Status Conference by United States of America. (Attachments: # 1 Text of Proposed Order)(Rhee, Mina) (Entered: 11/09/2009)

Nov. 9, 2009

Nov. 9, 2009

PACER
38

ORDER DISMISSING AS MOOT 31 Motion for Order for Status Conference; DIRECTING parties, including the amici curiae, to meet and then submit a joint proposed status conference agenda no later than 12/14/2009 re 37 Motion for Order for Status Conference. After receipt of the joint proposed status conference agenda, the court will then schedule a status conference in this matter. Signed by Judge Charles A. Pannell, Jr on 11/18/2009. (adg) (Entered: 11/18/2009)

Nov. 18, 2009

Nov. 18, 2009

PACER
39

RESPONSE re 37 MOTION for Order for Status Conference filed by The State of Georgia, Sonny Perdue, B. J. Walker, Gwendolyn Skinner, Susan Trueblood. (Naunas, Jason) (Entered: 11/24/2009)

Nov. 24, 2009

Nov. 24, 2009

PACER
40

Letter from The Honorable Charles A. Pannell, Jr. to Consuelo L. Campbell (ank) (Entered: 11/25/2009)

Nov. 24, 2009

Nov. 24, 2009

PACER
41

Letter from The Honorable Charles A. Pannell, Jr. to Joshua Norris (ank) (Entered: 11/25/2009)

Nov. 24, 2009

Nov. 24, 2009

PACER
42

REPLY to Response to Motion re 37 MOTION for Order for Status Conference filed by United States of America. (Attachments: # 1 Exhibit ECRH Compliance Letter, # 2 Exhibit GRHS Compliance Letter, # 3 Exhibit CSH Emergency Letter, # 4 Exhibit Letter of Findings 12/08/2009)(Koch, Robert) (Entered: 12/08/2009)

Dec. 8, 2009

Dec. 8, 2009

PACER
43

STATUS REPORT Joint Proposed Status Conference Agenda by United States of America. (Mygatt, Timothy) (Entered: 12/14/2009)

Dec. 14, 2009

Dec. 14, 2009

PACER
44

Minute Entry for proceedings held before Judge Charles A. Pannell, Jr: Telephone Conference held on 12/30/2009 re Status Report filed 12/14/2009. USA is to file a motion as soon as possible outlining their concerns regardingconditions of state facilities. The State and Objectors shall respond andthe court will determine when a hearing date will be set. Hearing Concluded. (Court Reporter Martha Frutchey)(adg) (Entered: 01/06/2010)

Dec. 30, 2009

Dec. 30, 2009

PACER
45

APPLICATION for Admission of Andrew S. Penn Pro Hac Viceby Cynthia Wainscott.Filing Fee received $150.00, Receipt #19825. (Attachments: # 1 Text of Proposed Order)(adg) (Entered: 01/06/2010)

Jan. 4, 2010

Jan. 4, 2010

PACER
46

NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 04-01 as to Kenneth S. Canfield re 45 APPLICATION for Admission of Andrew S. Penn Pro Hac Vice. (adg) (Entered: 01/06/2010)

Jan. 6, 2010

Jan. 6, 2010

PACER

APPROVAL by Clerks Office re: 45 APPLICATION for Admission of Andrew S. Penn Pro Hac Vice. Attorney Andrew S. Penn added appearing on behalf of Georgia Advocacy, Inc. (cdg)

Jan. 12, 2010

Jan. 12, 2010

PACER
47

ORDER granting 45 Application for Admission Pro Hac Vice. Signed by Judge Charles A. Pannell, Jr. on 1/13/2010. (bse) (Entered: 01/13/2010)

Jan. 13, 2010

Jan. 13, 2010

PACER

Clerks Certificate of Mailing as to Georgia Advocacy, Inc. re 47 Order on Application for Admission PHV. (bse)

Jan. 13, 2010

Jan. 13, 2010

PACER
48

STATUS REPORT by United States of America. (Koch, Robert) (Entered: 01/15/2010)

Jan. 15, 2010

Jan. 15, 2010

PACER
49

NOTICE by Gwendolyn Skinner DBHDD- Report of Compliance and Plan of Implementation (Naunas, Jason) (Entered: 01/15/2010)

Jan. 15, 2010

Jan. 15, 2010

PACER
50

NOTICE by Sonny Perdue Defendants' Second Compliance Report filed pursuant to the request of the United States (Naunas, Jason) (Entered: 01/15/2010)

Jan. 15, 2010

Jan. 15, 2010

PACER
51

NOTICE of Appearance by Joshua Barrett Belinfante on behalf of The State of Georgia (Belinfante, Joshua) (Entered: 01/27/2010)

Jan. 27, 2010

Jan. 27, 2010

PACER
52

MOTION for Immediate Status Conference with Brief In Support by Sonny Perdue. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 2 Pt. 2, # 4 Exhibit 3, # 5 Exhibit 3 Pt. 2, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9)(Naunas, Jason) (Entered: 01/28/2010)

Jan. 28, 2010

Jan. 28, 2010

PACER
53

Motion to Amend Complaint filed by United States of America. (Attachments: # 1 Exhibit GRHA Findings Letter, # 2 Exhibit NWGRH Findings Letter, # 3 Exhibit 5-Facility Findings Letter, # 4 Exhibit ECRH Compliance Letter, # 5 Exhibit GRHS Compliance Letter, # 6 Exhibit Letter - CSH homicide, # 7 Exhibit Letter - CSH homicide follow-up, # 8 Exhibit Letter - CSH medical deaths, # 9 Exhibit Letter - CSH homicide follow-up, # 10 Exhibit Letter - ECRH alleged rapes, # 11 Exhibit Letter - SWSH rape, # 12 Exhibit Letter - GRHS suicide, # 13 Exhibit Letter - ECRH suicide attempt, # 14 Exhibit Letter - CSH conditions, # 15 Exhibit Letter - SWSH death, # 16 Exhibit Letter - SWSH suicide)(Koch, Robert) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 2/2/2010 to correct docket text to accurately reflect e-filed document (adg). (Entered: 01/28/2010)

Jan. 28, 2010

Jan. 28, 2010

Clearinghouse
54

MOTION to Consolidate Cases with Brief In Support by United States of America. (Koch, Robert) (Entered: 01/28/2010)

Jan. 28, 2010

Jan. 28, 2010

PACER
55

MOTION for Preliminary Injunction with Brief In Support by United States of America. (Attachments: # 1 Brief, # 2 Text of Proposed Order, # 3 Exhibit Olmstead Monthly Report, # 4 Exhibit Settlement Agreement, # 5 Exhibit ECRH Compliance Letter, # 6 Exhibit GRHS Compliance Letter, # 7 Exhibit Findings Letter for CSH, GRHS, ECRH, SWSH, and WCGRH, # 8 Exhibit Letter - CSH homicide, # 9 Exhibit Letter - CSH homicide follow-up, # 10 Exhibit Letter - CSH medical deaths, # 11 Exhibit Letter - CSH homicide follow-up, # 12 Exhibit Letter - ECRH alleged rapes, # 13 Exhibit Letter - SWSH rape, # 14 Exhibit Letter - GRHS suicide, # 15 Exhibit Letter - ECRH suicide attempt, # 16 Exhibit Letter - CSH conditions, # 17 Exhibit Letter - SWSH death, # 18 Exhibit Letter - SWSH suicide, # 19 Exhibit Osgood Declaration, # 20 Exhibit El-Sabaawi Declaration, # 21 Exhibit Oswald Declaration, # 22 Exhibit Franczak Declaration, # 23 Exhibit State POI, # 24 Exhibit State Audit, # 25 Exhibit State QM Report, # 26 Exhibit Olmstead Budget Report, # 27 Exhibit Georgia Planning Initiative, # 28 Exhibit Mental Health Commission Report, # 29 Exhibit OCR Letter)(Koch, Robert) (Entered: 01/28/2010)

Jan. 28, 2010

Jan. 28, 2010

Clearinghouse
56

MOTION for Leave to File Excess Pages of Doc. No. 55 with Brief In Support by United States of America. (Koch, Robert) (Entered: 01/28/2010)

Jan. 28, 2010

Jan. 28, 2010

PACER
57

NOTICE Of Filing Certificate of the Attorney General by United States of America re 53 Amended Complaint,,, (Rhee, Mina) (Entered: 01/29/2010)

Jan. 29, 2010

Jan. 29, 2010

PACER

Notification of Docket Correction re 53 MOTION to Amend Complaint. Modified on 2/2/2010 to correct docket text to accurately reflect e-filed document. (adg)

Feb. 2, 2010

Feb. 2, 2010

PACER
58

NOTICE of Appearance by Mark Howard Cohen on behalf of The State of Georgia (Cohen, Mark) (Entered: 02/04/2010)

Feb. 4, 2010

Feb. 4, 2010

PACER
59

Minute Entry for proceedings held before Judge Charles A. Pannell, Jr: Telephone Conference/Status Conference held on 2/4/2010; GRANTING 52 Motion for Immediate Status Conference; State of Ga. Verbal Motion for an Extension ofTime to respond to pla's motions doc nos. 53, 54, 55 . The CourtVerbally GRANTED the State's motion. The State have until 2/22/2010 tofile it's responses. State of Ga's Verbal Motion for a Stay. Court VerballyDENIED the State's motion. Hearing set for 3/1/2010 at 10:00 AM before Judge Charles A. Pannell Jr. The court will hold another conference call a week fromtoday. Hearing Concluded. (Court Reporter Martha Frutchey)(adg) (Entered: 02/05/2010)

Feb. 4, 2010

Feb. 4, 2010

PACER
60

RESPONSE re 52 MOTION for Immediate Status Conference filed by Georgia Advocacy, Inc.. (Norris, Joshua) Modified on 2/12/2010 to remove double wording (adg). (Entered: 02/10/2010)

Feb. 10, 2010

Feb. 10, 2010

PACER
61

TRANSCRIPT of Proceedings held on 2/4/10 (Tele Conf) before Judge Charles A. Pannell, Jr. Court Reporter/Transcriber Martha J. Frutchey, Telephone number 404-215-1573. 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. Redaction Request due 3/5/2010. Redacted Transcript Deadline set for 3/15/2010. Release of Transcript Restriction set for 5/13/2010. (Attachments: # 1 Notice of Filing Transcript) (pjm) (Entered: 02/12/2010)

Feb. 12, 2010

Feb. 12, 2010

PACER
62

MOTION Enforcement of Settlement Agreement with Brief In Support by The State of Georgia. (Attachments: # 1 Brief Defendants' Brief in Support of Motion to Enforce Settlement Agreement, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5)(Belinfante, Joshua) (Entered: 02/15/2010)

Feb. 15, 2010

Feb. 15, 2010

PACER
63

Minute Entry for proceedings held before Judge Charles A. Pannell, Jr: Telephone Conference held on 2/16/2010. A hearing is set for 3/1/2010 at 10:00 a.m. The hearing is expected to last at least 5 days. Dr. Frank Shelp will as a witness. The DOJ is to provide the State with a list of witnesses no later than 12/17/2010 and the State will provide its list of witnesses to the DOJ not later than 2/24/2010. Hearing Concluded. (Court Reporter Martha Frutchey)(adg) (Entered: 02/16/2010)

Feb. 16, 2010

Feb. 16, 2010

PACER
64

CORRECTED Minute Entry re 63 Telephone Conference, A hearing is set for 3/1/2010 at 10:00 a.m. The hearing is expected to last at least 5 days. Dr. Frank Shelp will as a witness. The DOJ is to provide the State with a list of witnesses no later than 2/17/2010 and the State will provide its list of witnesses to the DOJ not later than 2/24/2010. Hearing Concluded. (adg) (Entered: 02/16/2010)

Feb. 16, 2010

Feb. 16, 2010

PACER
65

ORDER regarding 2/16/2010 Telephone conference. The DOJ agreed to provide the State of Georgia with a list of the witnesses, which they anticipate to testify at the hearing, nolater than Wednesday, February 17, 2010. The State of Georgia will then provide its list of witnesses to the DOJ no later thanWednesday, February 24, 2010. Signed by Judge Charles A. Pannell, Jr on 2/16/2010. (adg) (Entered: 02/16/2010)

Feb. 16, 2010

Feb. 16, 2010

PACER

Submission of 56 MOTION for Leave to File Excess Pages of Doc. No. 55, submitted to District Judge Charles A. Pannell. (adg)

Feb. 18, 2010

Feb. 18, 2010

PACER
66

TRANSCRIPT of Proceedings held on 2/4/10 (Tele Conf) before Judge Charles A. Pannell, Jr. Court Reporter/Transcriber Martha J. Frutchey, Telephone number 404-215-1573. 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. Redaction Request due 3/12/2010. Redacted Transcript Deadline set for 3/22/2010. Release of Transcript Restriction set for 5/20/2010. (Attachments: # 1 Notice of Filing Transcript) (pjm) (Entered: 02/19/2010)

Feb. 19, 2010

Feb. 19, 2010

PACER
67

TRANSCRIPT of Proceedings held on 2/16/10 (Tele Conf) before Judge Charles A. Pannell, Jr. Court Reporter/Transcriber Martha J. Frutchey, Telephone number 404-215-1573. 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. Redaction Request due 3/12/2010. Redacted Transcript Deadline set for 3/22/2010. Release of Transcript Restriction set for 5/20/2010. (Attachments: # 1 Notice of Filing Transcript) (pjm) (Entered: 02/19/2010)

Feb. 19, 2010

Feb. 19, 2010

PACER
68

RESPONSE in Opposition re 53 MOTION to Amend Complaint filed by The State of Georgia. (Cohen, Mark) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

PACER
69

RESPONSE re 54 MOTION to Consolidate Cases filed by The State of Georgia. (Cohen, Mark) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

PACER
70

MOTION for Leave to File Excess Pages for Defendants' Response in Opposition to Plaintiff's Motion for Immediate Relief (Preliminary Injunction) by The State of Georgia. (Attachments: # 1 Text of Proposed Order)(Cohen, Mark) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

PACER
71

RESPONSE in Opposition re 55 MOTION for Preliminary Injunction filed by The State of Georgia. (Attachments: # 1 Exhibit A -- Voluntary Compliance Agreement, # 2 Exhibit B -- Shelp Declaration, # 3 Exhibit C -- Manning Declaration, # 4 Exhibit D -- Singh Declaration)(Cohen, Mark) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

PACER
72

RESPONSE in Opposition re 62 MOTION Enforcement of Settlement Agreement filed by United States of America. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G)(Mygatt, Timothy) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

PACER
73

MOTION for Order to Bring Electronic Devices Into Courtroom by United States of America. (Attachments: # 1 Text of Proposed Order)(Rhee, Mina) (Entered: 02/25/2010)

Feb. 25, 2010

Feb. 25, 2010

PACER
74

MOTION to Stay by United States of America. (Mygatt, Timothy) (Entered: 02/25/2010)

Feb. 25, 2010

Feb. 25, 2010

PACER
75

ORDER GRANTING 70 Motion for Leave to File Excess Pages. Signed by Judge Charles A. Pannell, Jr on 2/26/2010. (adg) (Entered: 02/26/2010)

Feb. 26, 2010

Feb. 26, 2010

PACER
76

ORDER GRANTING 74 Motion to Stay so that the Parties may engage in settlementnegotiations. The Court also hereby GRANTS the request to toll until 3/15/2010, the response time on all pending responses and replies. Should negotiationsfail, the Court will reschedule the proceedings to begin on 3/15/2010, or assoon as possible thereafter. Signed by Judge Charles A. Pannell, Jr on 2/26/2010. (adg) (Entered: 02/26/2010)

Feb. 26, 2010

Feb. 26, 2010

PACER
77

ORDER DENYING AS MOOT 73 Motion for Order to Bring Electronic Devices Into Courtroom. Signed by Judge Charles A. Pannell, Jr on 2/26/2010. (adg) (Entered: 02/26/2010)

Feb. 26, 2010

Feb. 26, 2010

PACER
78

ORDER re: request for telephone conference. Signed by Judge Charles A. Pannell, Jr on 3/16/2010. (yrm) (Entered: 03/16/2010)

March 16, 2010

March 16, 2010

PACER

Submission of 53 MOTION to Amend Complaint, 55 MOTION for Preliminary Injunction, 54 MOTION to Consolidate Cases, 62 MOTION Enforcement of Settlement Agreement, submitted to District Judge Charles A. Pannell. (adg)

April 2, 2010

April 2, 2010

PACER
79

MOTION for Order Setting Status Conference by United States of America. (Attachments: # 1 Text of Proposed Order)(Rhee, Mina) (Entered: 06/30/2010)

June 30, 2010

June 30, 2010

PACER
80

REPLY BRIEF in Support re 62 MOTION Enforcement of Settlement Agreement filed by The State of Georgia. (Belinfante, Joshua) Modified on 7/6/2010 to correct docket text to accurately reflect e-filed document (adg). (Entered: 07/01/2010)

July 1, 2010

July 1, 2010

PACER
81

MOTION to Dismiss with Brief In Support by The State of Georgia. (Cohen, Mark) (Entered: 07/01/2010)

July 1, 2010

July 1, 2010

PACER
82

ORDER re 79 MOTION for Order Setting Status Conference filed by United States of America ; the court DIRECTS the parties to submit a status update and proposed agenda for the requested telephone conference. The parties are to file their update and agenda no later than 7/22/2010; the court further DIRECTS the plaintiff to attach the document and/or file, if such exists, that constitutes the United States' written Notice of Non-Compliance to the State of Georgia. Signed by Judge Charles A. Pannell, Jr on 7/7/2010. (adg) (Entered: 07/07/2010)

July 7, 2010

July 7, 2010

PACER
83

RESPONSE re 81 MOTION to Dismiss filed by United States of America. (Koch, Robert) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER
84

STATUS REPORT by United States of America. (Koch, Robert) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER
85

RESPONSE re 81 MOTION to Dismiss Amici's Response to Defendants' Motions to Dismiss and Request for Disapproval of Settlement Agreement filed by Georgia Advocacy, Inc.. (Attachments: # 1 Exhibit Declaration of Steven Schwartz, # 2 Exhibit Affidavit of Ruby Moore, # 3 Exhibit Declaration of John Gates)(Norris, Joshua) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER
86

NOTICE by Georgia Advocacy, Inc. re 85 Response to Motion, Notice of Errata (Attachments: # 1 Errata Corrected Signature Page)(Norris, Joshua) (Entered: 07/21/2010)

July 21, 2010

July 21, 2010

PACER
87

RESPONSE re 82 Order,, (Defendants' Status Update and Proposed Agenda for Status Conference) filed by The State of Georgia. (Attachments: # 1 Exhibit A)(Cohen, Mark) (Entered: 07/22/2010)

July 22, 2010

July 22, 2010

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Mental Health (Facility)

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 15, 2009

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice.

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 Georgia, State

Defendant Type(s):

Jurisdiction-wide

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.

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Due Process

Available 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: 2009 - 2014

Content of Injunction:

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

Preliminary relief denied

Recordkeeping

Reporting

Monitoring

Training

Monitor/Master

Issues

General:

Assault/abuse by residents/inmates/students

Deinstitutionalization/decarceration

Discharge & termination plans

Education

Failure to supervise

Failure to train

Food service / nutrition / hydration

Incident/accident reporting & investigations

Individualized planning

Neglect by staff

Reassessment and care planning

Record-keeping

Restraints : physical

Staff (number, training, qualifications, wages)

Suicide prevention

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in mental health facilities

Sexual abuse by residents/inmates

Disability and Disability Rights:

Special education

Integrated setting

Least restrictive environment

Mental impairment

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Mental Illness, Unspecified

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Medical care, general

Mental health care, general

Suicide prevention

Type of Facility:

Government-run

Benefit Source:

Medicaid