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Case: U.S. v. State of Tennessee

1:09-cv-01012 | U.S. District Court for the Western District of Tennessee

Filed Date: Jan. 16, 2009

Closed Date: 2009

Clearinghouse coding complete

Case Summary

After conducting an investigation into the conditions at state-run Tennessee State Homes for Veterans (TSHVs), the U.S. Department of Justice (DOJ) filed this lawsuit against the State of Tennessee in the U.S. District Court for the Western District of Tennessee on January 16, 2009. TSHVs served as care facilities for veterans in need of intermediate or long-term rehabilitation, medical, or nursing care. During the underlying investigation, which began in February 2007 and occurred with the ful…

After conducting an investigation into the conditions at state-run Tennessee State Homes for Veterans (TSHVs), the U.S. Department of Justice (DOJ) filed this lawsuit against the State of Tennessee in the U.S. District Court for the Western District of Tennessee on January 16, 2009. TSHVs served as care facilities for veterans in need of intermediate or long-term rehabilitation, medical, or nursing care. During the underlying investigation, which began in February 2007 and occurred with the full cooperation of the State, the DOJ conducted tours of TSHVs and consulted with experts in the fields of geriatric care and nursing home administration. Plaintiff found that a number of conditions in the facilities violated residents' federal rights. Accordingly, Plaintiff made a number of factual allegations about the inadequacy of the care provided at TSHVs, including that the State engaged in a pattern or practice of failing to provide adequate nutrition, psychiatric care, end-of-life care and pain management, and that the State did not maintain a safe environment in the TSHVs. Plaintiff brought claims under the Due Process Clause of the Fourteenth Amendment and the Social Security Act. Acting under the Civil Rights for Institutionalized Persons Act (42 U.S. § 1997), plaintiff sought declaratory and injunctive relief.

After the DOJ made a report of its findings to the State, the parties agreed to settle pursuant to a Memorandum of Agreement. Accordingly, after negotiations, the parties jointly filed a Stipulated Settlement Agreement on the same day plaintiff filed its Complaint. The parties indicated that since the DOJ made a report of its findings to the State, the State had already made significant efforts to improve the areas of concern.

The terms of the Settlement Agreement provided that defendants would conduct assessments and create and implement protocols to ensure the following: 1) proper nutrition and hydration of TSVH residents; 2) safe feeding plans for those at risk of aspiration; 3) the provision of adequate and appropriate psychiatric and psychotropic care; 4) the provision of adequate end-of-life care and pain management; and 5) adequate fall prevention measures. The Settlement Agreement was to remain in effect for eighteen months, or until the State had achieved and maintained compliance for at least six months.

Simultaneously, the parties moved for conditional dismissal. Judge Daniel Breen granted their motion to dismiss, with the Court reserving jurisdiction only for enforcement of the Agreement.

The case closed in 2010 upon termination of the 18-month-long Agreement.

Summary Authors

Lauren Latterell Powell (1/9/2018)

People


Judge(s)

Breen, J. Daniel (Tennessee)

Attorneys(s) for Plaintiff

Becker, Grace Chung (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Deerinwater, Verlin Hughes (District of Columbia)

Grinalds, Richard Leigh (Tennessee)

Halmon, Harriett M. (Tennessee)

Mukasey, Michael B. (New York)

Preston, Judy C. (District of Columbia)

Sanders, Corey M. (District of Columbia)

Attorneys(s) for Defendant

Cooper, Robert E. Jr. (Tennessee)

Judge(s)

Breen, J. Daniel (Tennessee)

Attorneys(s) for Plaintiff

Becker, Grace Chung (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Deerinwater, Verlin Hughes (District of Columbia)

Grinalds, Richard Leigh (Tennessee)

Halmon, Harriett M. (Tennessee)

Mukasey, Michael B. (New York)

Preston, Judy C. (District of Columbia)

Sanders, Corey M. (District of Columbia)

Attorneys(s) for Defendant

Cooper, Robert E. Jr. (Tennessee)

Hayden-Wood, Pamela A. (Tennessee)

Jasper, Warren (Tennessee)

Laurenzi, Lawrence J. (Tennessee)

Documents in the Clearinghouse

Document

1:09-cv-01012

Docket

United States of America v. The State of Tennessee

Jan. 20, 2009

Jan. 20, 2009

Docket
1

1:09-cv-01012

Complaint

United States of America v. The State of Tennessee

Jan. 16, 2009

Jan. 16, 2009

Complaint

Memorandum of Agreement Between the United States and the State of Tennessee Regarding the Tennessee State Veteran's Homes

No Court

Jan. 20, 2009

Jan. 20, 2009

Settlement Agreement

Docket

Last updated Nov. 26, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants, filed by United States of America. (Attachments: # 1 Exhibit Certificate of the AG, # 2 Civil Cover Sheet, # 3 Judge's Card)(jlw) (Entered: 01/16/2009)

Jan. 16, 2009

Jan. 16, 2009

2

Joint MOTION to Dismiss With Entry of Stipulated Conditions Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure (Proposed Order Submitted) by United States of America. (Attachments: # 1 Settlement Agreement)(Grinalds, Richard) (Entered: 01/16/2009)

Jan. 16, 2009

Jan. 16, 2009

3

ORDER GRANTING 2 JOINT MOTION FOR CONDITIONAL DISMISSAL PURSUANT TO RULE 41(a)(1) OF THE FEDERAL RULES OF CIVIL PROCEDURE. Signed by Judge J. Daniel Breen on 1/20/09. (Breen, J.) (Entered: 01/20/2009)

Jan. 20, 2009

Jan. 20, 2009

Case Details

State / Territory: Tennessee

Case Type(s):

Nursing Home Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 16, 2009

Closing Date: 2009

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 Tennessee, State

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

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

Issues

General:

Food service / nutrition / hydration

Reassessment and care planning

Totality of conditions

Medical/Mental Health:

Medical care, general

Medication, administration of

Mental health care, general

Type of Facility:

Government-run