Case: DOJ Investigation of the Glenwood Resource Center

4:22-cv-00398 | U.S. District Court for the Southern District of Iowa

Filed Date: Dec. 1, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This was an out of court matter initiated by the United States Department of Justice Civil Rights Division (DOJ). The investigation examined conditions at the Glenwood Resource Center (Glenwood), an institution for individuals with intellectual disabilities operated by the State of Iowa in Glenwood, Iowa. The DOJ initiated the investigation in November 2019 under the Civil Rights of Institutionalized Persons Act (CRIPA), as well as Title II of the Americans with Disabilities Act (ADA). In a pos…

This was an out of court matter initiated by the United States Department of Justice Civil Rights Division (DOJ). The investigation examined conditions at the Glenwood Resource Center (Glenwood), an institution for individuals with intellectual disabilities operated by the State of Iowa in Glenwood, Iowa. The DOJ initiated the investigation in November 2019 under the Civil Rights of Institutionalized Persons Act (CRIPA), as well as Title II of the Americans with Disabilities Act (ADA).

In a post-investigation findings letter issued on December 22, 2020, the DOJ found reasonable cause to believe the conditions at Glenwood violated the Substantive Due Process Clause of the Fourteenth Amendment, and that these violations occurred as part of a systematic pattern or practice of Fourteenth Amendment violations. The DOJ determined that Iowa subjected Glenwood residents to unreasonable harm through uncontrolled and unsupervised experimentation, inadequate physical and behavioral healthcare, and inadequate protection from harm, including deficient safety and oversight mechanisms.

Specifically, the DOJ concluded that Iowa violated Glenwood residents’ constitutional rights by conducting experiments on them without their consent, as well as collecting and distributing their data without informing them. Experiments such as unnecessarily overhydrating residents were found to have caused physical harm. In addition, the DOJ concluded that Glenwood residents received constitutionally inadequate physical health care, as they failed to receive timely or clinically appropriate medical assessments or treatment, which at times resulted in severe physical harm. The DOJ also concluded that Glenwood’s behavioral health care, including its use of restraints, violated residents’ due process rights. Finally, the DOJ found severe deficiencies in the staffing, oversight and quality management at both Glenwood and the Iowa Department of Human Services, and that these deficiencies fostered an environment in which the constitutional violations could and did routinely occur.

On December 8, 2021, the DOJ issued its findings as to the ADA violations, concluding that there was reasonable cause to believe the State violated Title II of the ADA by failing to provide services to people with intellectual developmental disabilities in the most integrated setting appropriate to their needs. The investigation found that the State planned, administered, and funded its public healthcare service system in a manner that unnecessarily segregated people with intellectual developmental disabilities in Resource Centers, rather than providing these services where people lived, in their communities.

The DOJ announced a settlement with the State on December 2, 2022. Iowa decided to close Glenwood in approximately two years, but the parties agreed to remedy the conditions at Glenwood while it remained open. Further, if more than one-third of current Glenwood residents moved to and were living at Woodward Resource Center (the other state-run institution for individuals with intellectual disabilities) at any point during the decree term, then the decree would apply to Woodward as well. The proposed consent decree prohibited uncontrolled and unsupervised experiments; required better staffing, training and oversight for clinical care; dramatically limited the use of restraints and seclusion; and required substantial State oversight over all aspects of Glenwood’s operation. In addition, the decree required greater transparency, through public reporting and engagement with stakeholders. The decree appointed an independent monitor for a period of three years to assess the State’s compliance. The monitor was to submit reports every six months. The United States District Court for the Southern District of Iowa approved the consent decree on January 11, 2023, and retained jurisdiction over the matter for the purposes of enforcing the agreement. The agreement was to terminate in five years, if the parties agreed that the State had attained substantial compliance with all provisions, and maintained that compliance for a period of one year. 

As of November 2023, monitoring appears to be ongoing, and the State plans to close Glenwood at the end of 2024.

Summary Authors

Jonah Hudson-Erdman (9/12/2021)

Simran Takhar (11/24/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66579999/parties/united-states-v-state-of-iowa/


Documents in the Clearinghouse

Documents in this case

Investigation of the Glenwood Resource Center

No Court

Dec. 22, 2020

Dec. 22, 2020

Findings Letter/Report

Justice Department Alleges Conditions at Iowa Institution for Individuals with Disabilities Violate the Constitution

No Court

Dec. 22, 2020

Dec. 22, 2020

Press Release

Investigation of Glenwood and Woodward Resource Centers

No Court

Dec. 8, 2021

Dec. 8, 2021

Findings Letter/Report

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66579999/united-states-v-state-of-iowa/

Last updated July 28, 2026, 8:35 p.m.

Docket for: United States v. State of Iowa
ECF Number Date Description Link
1 Dec. 1, 2022

COMPLAINT against State of Iowa, filed by United States of America. Notice of Dismissal for lack of Service deadline set for 3/1/2023. Rule 16 Notice of Dismissal set for 3/1/2023. (Attachments: # 1 Attachment A)(Faith, David) (Entered: 12/01/2022)

RECAP
2 Dec. 1, 2022

Joint MOTION for Entry of Consent Judgment JOINT MOTION FOR ENTRY OF CONSENT DECREE by United States of America. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C, # 4 Attachment D)(Faith, David) (Entered: 12/01/2022)

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3 Dec. 6, 2022

NOTICE of Appearance by Chandlor Glenn Collins on behalf of State of Iowa (Collins, Chandlor) (Entered: 12/06/2022)

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Dec. 8, 2022

Senior Judge James E. Gritzner added. Judge Stephen H. Locher no longer assigned to case. (kjw)

Dec. 8, 2022

Add and Terminate Judges

Dec. 9, 2022

Judge Rebecca Goodgame Ebinger added. Senior Judge James E. Gritzner no longer assigned to case. (kjw)

Dec. 9, 2022

Add and Terminate Judges

4 Jan. 11, 2023

ORDER Granting 2 Joint Motion for Entry of Consent Decree. See order for particulars. Signed by Judge Rebecca Goodgame Ebinger on 1/11/2023. (h) (Entered: 01/11/2023)

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5 Jan. 11, 2023

ORDER RE: SETTLEMENT AGREEMENT and CONSENT DECREE. See order for particulars. Signed by Judge Rebecca Goodgame Ebinger on 1/11/2023. (h) (Entered: 01/11/2023)

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6 Jan. 18, 2023

NOTICE of Appearance by Rachel J. Scherle on behalf of United States of America (Scherle, Rachel) (Entered: 01/18/2023)

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7 Jan. 18, 2023

Withdrawal of Attorney by David L.D. Faith. (Faith, David) (Entered: 01/18/2023)

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8 Feb. 17, 2023

Joint MOTION to Appoint as Monitor - James Bailey by United States of America.Motions referred to Stephen B. Jackson, Jr. Responses due by 3/3/2023. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Proposed Monitor C.V., # 3 Text of Proposed Order)(Steege, Sarah) (Entered: 02/17/2023)

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9 Feb. 20, 2023

***Filed in Error*** NOTICE of Appearance by Laura Kron on behalf of State of Iowa (Kron, Laura) Modified on 3/5/2023 (kjw). (Entered: 02/20/2023)

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10 Feb. 23, 2023

NOTICE of Appearance by Laura Kron on behalf of All Defendants (Kron, Laura) (Entered: 02/23/2023)

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11 Feb. 27, 2023

ORDER Granting 8 Joint Motion to Appoint Monitor. See order for particulars. Signed by Judge Rebecca Goodgame Ebinger on 2/27/2023. (h) (Entered: 02/27/2023)

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12 April 7, 2023

Sealed Document Monitor's 2023 Budget by United States of America. (Attachments: # 1 Attachment)(Scherle, Rachel) (Entered: 04/07/2023)

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13 April 10, 2023

Sealed Document Amended Monitor's Budget 2023 by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Scherle, Rachel) (Entered: 04/10/2023)

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14 May 15, 2023

STATUS REPORT Monitor's Glenwood Resource Center Baseline Report by United States of America. (Attachments: # 1 Attachment A)(Scherle, Rachel) (Entered: 05/15/2023)

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15 May 26, 2023

NOTICE of Appearance by Laura Kron on behalf of All Defendants (Kron, Laura) (Entered: 05/26/2023)

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16 July 5, 2023

MOTION Joint Motion for Status Conference by United States of America.Motions referred to Stephen B. Jackson, Jr. Responses due by 7/19/2023. (Scherle, Rachel) (Entered: 07/05/2023)

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17 July 21, 2023

TEXT ORDER Granting 16 Joint Motion for Status Conference. The Court sets a video status conference for 11/16/2023 at 11:00 a.m. Chambers will provide counsel with login information closer to the time of the conference. Signed by Judge Rebecca Goodgame Ebinger on 7/21/2023. (h) (Entered: 07/21/2023)

RECAP
July 21, 2023

~Util - Set Hearings

July 21, 2023

Miscellaneous Relief

July 21, 2023

Video Status Conference set for 11/16/2023 at 11:00 AM in Des Moines - Room 160 - 1st Floor North - Video Proceeding before Judge Rebecca Goodgame Ebinger. Signed by Judge Rebecca Goodgame Ebinger on 7/21/2023. (h)

18 Oct. 26, 2023

STATUS REPORT Monitor's First Report - Glenwood Resource Center by United States of America. (Attachments: # 1 Attachment A)(Scherle, Rachel) (Entered: 10/26/2023)

1 Attachment A

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19 Nov. 1, 2023

NOTICE of Appearance by Robert Joseph Thole on behalf of All Defendants (Thole, Robert) (Entered: 11/01/2023)

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20 Nov. 1, 2023

Joint MOTION to Continue Status Conference by United States of America.Motions referred to Stephen B. Jackson, Jr. Responses due by 11/15/2023. (Scherle, Rachel) (Entered: 11/01/2023)

RECAP
21 Nov. 1, 2023

TEXT ORDER Granting 20 Joint Motion to Continue Status Conference. The video status conference is reset for 11/30/2023 at 11:00 AM before Judge Rebecca Goodgame Ebinger. Chambers will provide counsel with login information closer to the time of the conference. Signed by Judge Rebecca Goodgame Ebinger on 11/1/2023. (h) (Entered: 11/01/2023)

RECAP
Nov. 1, 2023

Continue

22 Nov. 3, 2023

NOTICE of Appearance by Mathew Schutzer on behalf of United States of America (Schutzer, Mathew) (Entered: 11/03/2023)

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23 Nov. 30, 2023

Minute Entry for proceedings held before Judge Rebecca Goodgame Ebinger: Status Conference held on 11/30/2023. (Court Reporter SueAnn Jones.) (Time in Court: 1 hr. 36 min.) (kjs) (Entered: 11/30/2023)

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24 Jan. 23, 2024

NOTICE of Appearance by Lisa Anne Reel Schmidt on behalf of State of Iowa (Reel Schmidt, Lisa) (Entered: 01/23/2024)

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25 Jan. 24, 2024

TRANSCRIPT of Proceedings re 23 Status Conference held on 11-30-2023 before Judge Rebecca Goodgame Ebinger. Court Reporter/Transcriber: SueAnn Jones, Telephone Number: 515-284-6392. Page No(s).: 1-64. Transcript may be viewed at court public terminal or purchased through Court Reporter before deadline for Release of Transcript Restriction. After that date it may be obtained through court reporter, Clerk's Office, or PACER.. Redaction Request due 2/20/2024. Redacted Transcript Deadline set for 2/29/2024. Release of Transcript Restriction set for 4/26/2024. (mjd) (Entered: 01/24/2024)

RECAP
26 Feb. 2, 2024

NOTICE by United States of America Joint Monitor's Proposed 2024 Budget. (Attachments: # 1 Exhibit A)(Scherle, Rachel) (Entered: 02/02/2024)

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27 Feb. 23, 2024

MOTION Motion for Status Conference by United States of America.Motions referred to Stephen B. Jackson, Jr. Responses due by 3/8/2024. (Scherle, Rachel) Terminated pending motion on 5/7/2024; see 29 (kjs). (Entered: 02/23/2024)

RECAP
28 Feb. 26, 2024

RESPONSE to Motion re 27 MOTION Motion for Status Conference filed by State of Iowa. Replies due by 3/4/2024.(Reel Schmidt, Lisa) (Entered: 02/26/2024)

RECAP
29 March 4, 2024

TEXT ORDER Setting Video Status Conference. A video status conference is set for 3/6/2024 at 08:30 AM in Des Moines - Room 160 - 1st Floor North - Video Proceeding before Judge Rebecca Goodgame Ebinger. By no later than 8:30 a.m. on 3/5/2024, the parties must file a joint written agenda outlining the topics to be addressed at the status conference. Signed by Judge Rebecca Goodgame Ebinger on 3/4/2024. (h) (Entered: 03/04/2024)

RECAP
30 March 4, 2024

NOTICE by United States of America re 29 Order,, Set Hearings, JOINT AGENDA FOR STATUS CONFERENCE. (Scherle, Rachel) (Entered: 03/04/2024)

RECAP
March 4, 2024

Order AND ~Util - Set Hearings

31 March 6, 2024

Minute Entry for proceedings held before Judge Rebecca Goodgame Ebinger: Status Conference held on 3/6/2024. (Court Reporter Kelli Mulcahy.) (Time in Court: 1 hr. 21 min.) (kjs) (Entered: 03/06/2024)

RECAP
March 6, 2024

Status Conference

32 March 8, 2024

NOTICE by United States of America JOINT AGENDA FOR STATUS CONFERENCE. (Scherle, Rachel) (Entered: 03/08/2024)

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33 March 15, 2024

Joint MOTION to Modify the Deadline for the State's Revised Implementation Plan by United States of America.Motions referred to Stephen B. Jackson, Jr. Responses due by 3/29/2024. (Attachments: # 1 Text of Proposed Order)(Schutzer, Mathew) (Entered: 03/15/2024)

RECAP
34 March 26, 2024

ORDER Granting 33 Motion to Modify the Deadline for the State's Revised Implementation Plan. See order for particulars. Signed by Judge Rebecca Goodgame Ebinger on 3/26/2024. (h) (Entered: 03/26/2024)

RECAP
35 April 5, 2024

TRANSCRIPT of Proceedings re 31 Status Conference held on March 6, 2024 before Judge Rebecca Goodgame Ebinger. Court Reporter: Kelli Mulcahy, Telephone Number: (515)284-6219. Page No(s).: 1 - 48. Transcript may be viewed at court public terminal or purchased through Court Reporter before deadline for Release of Transcript Restriction. After that date it may be obtained through court reporter, Clerk's Office, or PACER.. Redaction Request due 4/29/2024. Redacted Transcript Deadline set for 5/9/2024. Release of Transcript Restriction set for 7/8/2024. (kmm) (Entered: 04/05/2024)

RECAP
36 April 15, 2024

TEXT ORDER Setting Video Status Conference. A video status conference is set for 4/24/2024 at 10:00 AM in Des Moines - Room 160 - 1st Floor North - Video Proceeding before Judge Rebecca Goodgame Ebinger. Signed by Judge Rebecca Goodgame Ebinger on 4/15/2024. (h) (Entered: 04/15/2024)

RECAP
April 15, 2024

Order AND ~Util - Set Hearings

37 April 24, 2024

Minute Entry for proceedings held before Judge Rebecca Goodgame Ebinger: Video Status Conference held on 4/24/2024. (Court Reporter Tonya Gerke.) (Time in Court: 1 hr. 13 min.) (kjs) (Entered: 04/24/2024)

RECAP
38 May 7, 2024

STATUS REPORT SUMMARY OF STATE'S PROGRESS AND UNITED STATES RESPONSE by United States of America. (Attachments: # 1 Exhibit L - Summary of Monitor's Preliminary Findings 3-21-2024)(Scherle, Rachel) (Entered: 05/07/2024)

RECAP
39 May 8, 2024

MOTION to Seal Unredacted Exhibits by State of Iowa.Motions referred to Stephen B. Jackson, Jr. Responses due by 5/22/2024. (Attachments: # 1 Proposed Order)(Reel Schmidt, Lisa) (Entered: 05/08/2024)

RECAP
40 May 8, 2024

TEXT ORDER granting 39 Defendant's Motion to File Under Seal. Defendant is granted leave to file the referenced materials under seal, provisionally subject to review and further order of the court. Defendant shall also file redacted versions of the materials on the public docket. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr. on 5/8/2024. (jeb) (Entered: 05/08/2024)

RECAP
41 May 8, 2024

STATUS REPORT MONITOR'S SECOND REPORT- GLENWOOD RESOURCE CENTER by United States of America. (Attachments: # 1 Glenwood Resource Center March 2024 Report)(Scherle, Rachel) (Entered: 05/08/2024)

1

View on RECAP

RECAP
May 8, 2024

Seal

42 May 10, 2024

TRANSCRIPT of Proceedings re 37 Status Conference held on 04/24/2024 before Judge Rebecca Goodgame Ebinger. Court Reporter: Tonya R. Gerke, Telephone Number: (515) 284-6444. Page Nos.: 1-43. Transcript may be viewed at court public terminal or purchased through Court Reporter before deadline for Release of Transcript Restriction. After that date it may be obtained through court reporter, Clerk's Office, or PACER. Redaction Request due 6/3/2024. Redacted Transcript Deadline set for 6/13/2024. Release of Transcript Restriction set for 8/12/2024. (trg) (Entered: 05/10/2024)

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44 May 13, 2024

ELECTRONIC EXHIBITS by State of Iowa Redacted Public Copy of Summary of State's Progress. (Reel Schmidt, Lisa) (Entered: 05/13/2024)

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45 May 14, 2024

TEXT ORDER Setting Video Status Conference. A video status conference is set for 6/7/2024 at 10:30 AM in Des Moines - Room 160- 1st Floor North - Video Proceeding before Judge Rebecca Goodgame Ebinger. By no later than 9:00 AM on 6/6/2024, the parties must file a joint written agenda outlining the topics to be addressed at the status conference. Signed by Judge Rebecca Goodgame Ebinger on 5/14/2024. (kjs) (Entered: 05/14/2024)

RECAP
May 14, 2024

Order AND ~Util - Set Hearings

46 May 31, 2024

NOTICE by State of Iowa Joint Agenda for June Status Conference. (Reel Schmidt, Lisa) (Entered: 05/31/2024)

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47 June 4, 2024

Withdrawal of Attorney by Robert Joseph Thole. (Thole, Robert) (Entered: 06/04/2024)

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48 June 7, 2024

Status Conference

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June 11, 2024

Order AND ~Util - Set Hearings

50 June 21, 2024

Transcript

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51 June 26, 2024

Seal

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52 June 26, 2024

Notice - Other

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53 June 26, 2024

Seal

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June 26, 2024

Seal AND Seal

55 June 27, 2024

Notice - Other

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56 July 1, 2024

Notice - Other

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57 July 31, 2024

Notice - Other

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58 Aug. 19, 2024

Status Report

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59 Aug. 23, 2024

Status Conference

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Aug. 27, 2024

Order AND ~Util - Set Hearings

61 Sept. 19, 2024

Transcript

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62 Oct. 4, 2024

Status Report

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63 Oct. 23, 2024

Amend/Correct

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64 Oct. 23, 2024

Errata

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65 Oct. 24, 2024

Status Report

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66 Oct. 31, 2024

Status Conference

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Oct. 31, 2024

Amend/Correct

Nov. 1, 2024

Order AND ~Util - Set Hearings

69 Nov. 21, 2024

Amend/Correct

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70 Nov. 22, 2024

Transcript

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71 Nov. 22, 2024

Order

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72 Dec. 6, 2024

Response to Order to Show Cause

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73 Dec. 9, 2024

Amend/Correct

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74 Dec. 9, 2024

Order

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75 Jan. 24, 2025

Notice of Withdrawal of Attorney

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76 Feb. 7, 2025

Extension of Time to File

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Feb. 11, 2025

Extension of Time to File

78 Feb. 25, 2025

Notice of Withdrawal of Attorney

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79 March 19, 2025

Notice - Other

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80 April 7, 2025

Status Report

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81 April 14, 2025

Notice - Other

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82 April 15, 2025

Notice - Other

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83 April 15, 2025

Notice - Other

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84 April 15, 2025

Notice - Other

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85 April 15, 2025

Notice - Other

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86 April 17, 2025

Status Conference

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87 April 18, 2025

Notice - Other

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88 April 28, 2025

Status Report

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Case Details

State / Territory:

Iowa

Case Type(s):

Disability Rights

Healthcare Access and Reproductive Issues

Intellectual Disability (Facility)

Key Dates

Filing Date: Dec. 1, 2022

Case Ongoing: Yes

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

Glenwood Resource Center

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Other Dockets:

Southern District of Iowa 4:22-cv-00398

Available Documents:

Complaint (any)

Findings Letter/Report

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Hire

Monitoring

Other requirements regarding hiring, promotion, retention

Reasonable Accommodation

Recordkeeping

Reporting

Training

Issues

General/Misc.:

Confidentiality

Failure to supervise

Food service / nutrition / hydration

Government services

Informed consent/involuntary medication

Neglect by staff

Pattern or Practice

Record-keeping

Records Disclosure

Staff (number, training, qualifications, wages)

Testing

Totality of conditions

Disability and Disability Rights:

Developmental disability without intellectual disability

Integrated setting

Intellectual/developmental disability, unspecified

Least restrictive environment

Mental impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Restraints (physical)

Medical/Mental Health Care:

Intellectual/Developmental Disability

Medical care, general

Medication, administration of

Recommended Citation