Case: United States v. Virginia

1:99-cv-00642 | U.S. District Court for the Eastern District of Virginia

Filed Date: May 6, 1999

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On May 6, 1999, the U.S. Department of Justice (DOJ) filed this lawsuit against Virginia in the U.S. District Court for the Eastern District of Virginia. The Plaintiff sued pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. §§ 1997-1997j. The case was assigned to Judge Leonie M. Brinkema. The events leading up to this lawsuit began in March 1997, when the DOJ informed the Governor of Virginia that it was commencing an investigation of the Central State Hospital (CS…

On May 6, 1999, the U.S. Department of Justice (DOJ) filed this lawsuit against Virginia in the U.S. District Court for the Eastern District of Virginia. The Plaintiff sued pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. §§ 1997-1997j. The case was assigned to Judge Leonie M. Brinkema.

The events leading up to this lawsuit began in March 1997, when the DOJ informed the Governor of Virginia that it was commencing an investigation of the Central State Hospital (CSH). CSH is an institution covered by CRIPA and operated by Virginia to provide psychiatric treatment and other services to persons with mental illness. In April 1997, the DOJ conducted on-site inspections and evaluations of CSH. It found that conditions at CSH constituted a pattern of violations of the constitutional and federal statutory rights of patients, specifically the Fourteenth Amendment, Title II of the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §§ 794.

In June 1997, the Plaintiff advised Virginia of these findings. Virginia then voluntarily started to develop a written plan to address the care provided at CSH. This plan would later get incorporated into the Settlement Agreement.

On May 6, 1999, the DOJ filed both the complaint and Settlement Agreement in anticipation of the resolution of this case through the execution of the Agreement. To avoid adversarial litigation, the parties agreed upon a Plan (described in the Agreement) to remedy CSH's deficiencies that the U.S. found.

The Settlement Agreement included the following important provisions for the Plan, among several other smaller promises:

- The U.S. shall tour the facility with its expert consultants to assess the status of implementing the Plan.

- The parties will share information necessary to determine Virginia's compliance with the Agreement.

- Virginia shall provide the U.S. with quarterly summaries of each open or founded allegation of abuse and/or neglect, as well as other problematic incidents as defined in the Administrative Practice Manual.

- Virginia shall allow the U.S. to take a certification tour, which is to permit the U.S. to assess the status of Virginia's implementation of the Plan.

- By no later than July 1, 2000, Virginia shall provide written notice to the United States that it may conduct the certification tour (called the "Notice Date").

- If the Plaintiff found that Virginia failed to implement the Plan, the Plaintiff may file a motion to vacate the dismissal without prejudice and to restore the Action to the Court's active docket. This motion must be filed within ten months of the Notice Date.

- If the Plaintiff fails to file a Motion to Restore within this time frame, Virginia shall be conclusively entitled to an order dismissing this case with prejudice.

Judge Brinkema dismissed the case without prejudice on the same day the Settlement Agreement was filed. However, the case was not fully closed on this date because as explained more fully above, the Agreement stated that the U.S. may restore the case if Virginia failed to implement the Plan.

By October 4, 2001, the government had not filed a motion to restore. Virginia thus filed a motion to dismiss the case. Judge Brinkema granted the motion and dismissed the case with prejudice. The case closed in 2001.

Summary Authors

Lisa Koo (5/25/2019)

People


Attorneys(s) for Plaintiff

Deutsch, David (District of Columbia)

Fahey, Helen F. (Virginia)

Frohboese, Robinsue (District of Columbia)

Lee, Bill Lann (District of Columbia)

Parker, Richard (Virginia)

Pinzler, Isabelle Katz (District of Columbia)

Reno, Janet (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Attorneys(s) for Defendant

Bigley, Garland L. (Virginia)

Hickey, Jane D. (Virginia)

Attorneys(s) for Plaintiff

Deutsch, David (District of Columbia)

Fahey, Helen F. (Virginia)

Frohboese, Robinsue (District of Columbia)

Lee, Bill Lann (District of Columbia)

Parker, Richard (Virginia)

Pinzler, Isabelle Katz (District of Columbia)

Reno, Janet (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Attorneys(s) for Defendant

Bigley, Garland L. (Virginia)

Hickey, Jane D. (Virginia)

Hurd, William H. (Virginia)

Taylor, Ashley L Jr (Virginia)

Documents in the Clearinghouse

Document

1:91-cv-00642

Docket [PACER]

Oct. 4, 2001

Oct. 4, 2001

Docket

1:99-cv-00642

Central State Hospital Findings Letter

No Court

June 30, 1997

June 30, 1997

Findings Letter/Report
1

1:99-cv-00642

Complaint

May 6, 1999

May 6, 1999

Complaint
2

1:99-cv-00642

Virginia Central State Hospital Settlement Agreement

May 6, 1999

May 6, 1999

Settlement Agreement

Resources

Docket

Last updated Aug. 6, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Filed (pmil) (Entered: 05/06/1999)

May 6, 1999

May 6, 1999

2

Settlement Agreement by United States, Commonwealth of Virg Filed w/Exhibits (1 Black Binder) (pmil) (Entered: 05/06/1999)

May 6, 1999

May 6, 1999

3

ORDER this civil action is hereby DISMISSED w/out Prejudice pursuant to FRCP 41(a)(2) of the FRCP (ent. & filed) (see Order for details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (pmil) (Entered: 05/06/1999)

May 6, 1999

May 6, 1999

Case closed (pmil) (Entered: 05/06/1999)

May 6, 1999

May 6, 1999

4

NOTICE for Certification Tour by United States (clerk) (Entered: 03/01/2001)

March 1, 2001

March 1, 2001

5

MODIFICATION OF SETTLEMENT AGREEMENT filed by plaintiff United States, defendant Commonwealth of Virg (clerk) (Entered: 04/23/2001)

April 20, 2001

April 20, 2001

So Ordered: granting [5−1] Modification of Settlement Agreement.−ent. & filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk) (Entered: 04/24/2001)

April 23, 2001

April 23, 2001

6

JOINT MOTION by Larry A. Latham, Richard Kellogg, James S. Gilmore III, Commonwealth of Virg, United States to Dismiss (clerk) (Entered: 10/04/2001)

Oct. 4, 2001

Oct. 4, 2001

Case Details

State / Territory: Virginia

Case Type(s):

Mental Health (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 6, 1999

Closing Date: 2001

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: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Commonwealth of Virginia, State

Defendant Type(s):

Hospital/Health Department

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.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Order Duration: 1999 - 2001

Content of Injunction:

Auditing

Monitor/Master

Monitoring

Reporting

Required disclosure

Issues

General:

Aggressive behavior

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Conditions of confinement

Confinement/isolation

Discharge & termination plans

Failure to supervise

Restraints : physical

Staff (number, training, qualifications, wages)

Suicide prevention

Totality of conditions

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Medical care, general

Medication, administration of

Mental health care, general

Self-injurious behaviors

Suicide prevention

Untreated pain

Type of Facility:

Government-run