Case: Johnson & U.S. v. Florida

8:87-cv-00369 | U.S. District Court for the Middle District of Florida

Filed Date: March 11, 1987

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On March 11, 1987, mentally ill patients at G. Pierce Wood Memorial Hospital (GPW), filed a class action lawsuit under 42 U.S.C. § 1983 against the State of Florida in the U.S. District Court for the Middle District of Florida, Tampa Division. The plaintiffs, represented by Florida Rural Legal Services, Advocacy Center, Southern Legal Counsel, the School Board of Manatee County, the Center for Public Representation, a public defender and private counsel, asked the court for declaratory and inj…

On March 11, 1987, mentally ill patients at G. Pierce Wood Memorial Hospital (GPW), filed a class action lawsuit under 42 U.S.C. § 1983 against the State of Florida in the U.S. District Court for the Middle District of Florida, Tampa Division. The plaintiffs, represented by Florida Rural Legal Services, Advocacy Center, Southern Legal Counsel, the School Board of Manatee County, the Center for Public Representation, a public defender and private counsel, asked the court for declaratory and injunctive relief, alleging that the State was violating their constitutional rights by providing substandard care and housing at GPW, and by failing to release them when they were "discharge ready." Specifically, the plaintiffs contended that the State: (1) violated their rights under the Fourteenth Amendment by failing to discharge them into less restrictive settings; (2) denied them procedural due process in violation of the Fourteenth Amendment by arbitrarily revoking privileges without formal standards and with no opportunity for challenge; (3) abridged their First, Ninth and Fourteenth Amendment rights by arbitrarily restricting visitation privileges; (4) infringed their right to counsel in violation of the First, Fifth, Sixth and Fourteenth Amendments by failing to provide legal assistance or an adequate law library, and (5) violated their Fourteenth Amendment rights by providing inadequate medical staffing, recreation, vocational training, security and nutrition.

On March 16, 1989, the District Court (Judge Paul Game, Jr.) certified a class consisting of "all persons who are now or will in the future be committed" to GPW, and a subclass of present and future patients "who have been determined by their treatment team to be 'discharge ready' for a period of 15 days or longer, but who have not been discharged." Significantly, the court later expanded the class to include "former patients at GPW even after they are discharged into community treatment facilities."

In June 1989, the parties partially settled the case by entering into a consent decree under which the State of Florida agreed to make various changes in the hospital's operations. The consent decree provided for specific community living arrangements well beyond federal law standards. And, on September 13, 1989, the District Court (Judge Game) appointed David Ferleger, Linda Glenn, and Dorothy Rowe as monitors as provided by the consent decree.

Following substantial litigation respecting the monitors' recommendations, on November 17, 1989, the District Court (Judge Game) adopted the monitors' workplan and budget.

On December 5, 1989, the District Court (Judge Game) denied the defendants' motion for partial summary judgment. The defendants appealed.

On March 26, 1990, the District Court (Judge Game) denied the defendants' motion to remove the monitors. The defendants appealed.

On March 27, 1990, the Eleventh Circuit Court of Appeals granted the defendants' motion to expedite the appeal from the District Court's denial of partial summary judgment.

On December 12, 1990, the District Court (Judge Hodges) redefined the plaintiff class to include only those persons confined at GPW into a community treatment facility, reserved ruling on the length of the defendants' obligations to the class as well as to whether the defendants had achieved substantial compliance with the consent decree, and denied the monitors' request for access to a central abuse registry.

There followed substantial litigation concerning payment of the monitors and attorneys' fees. On December 30, 1991, the case was reassigned to Judge Anne C. Conway. On February 4, 1992, the District Court (Judge Conway) approved the parties' joint stipulation to reduce the number of monitors, and also created a protocol to pay the monitors including a system of reconciliations. Numerous stipulations relating to payment followed.

The parties apparently worked out a settlement agreement and, on June 2, 1993, the District Court (Judge Conway) granted in part and denied in part the plaintiffs' motion for a fairness hearing on the settlement agreement. The Court also granted a number of motions for attorney fees for the plaintiffs, throughout the course of litigation.

On January 3, 1994, the case was reassigned to Judge Susan C. Bucklew. Litigation continued concerning reconciliation payments for monitoring and attorneys' fees and, during this time, the defendants began moving to vacate the consent decree in whole and in part, as well as to recuse the monitors. On November 29, 1994, the District Court (Judge Bucklew) ordered the monitors to show cause why they had not yet met with the defendants to discuss a new budget. And, on April 25, 1995, the Court referred a number of motions to Magistrate Judge Thomas B McCoun III, who recommended that the motions be denied. On January 3 and July 11, 1995, the Court awarded the plaintiffs interim attorneys' fees. The defendants filed interlocutory appeals for reconsideration or to amend the Court's awards. The plaintiffs cross-appealed.

On November 13, 1995, the District Court (Judge Bucklew) referred the case to mediation and appointed Martha Cook as mediator to resolve the issues of quarterly reconciliations, payment applications, the monitors' budget and the monitors' recusal. A settlement followed, approved by the Court on March 7, 1996. The Court then referred to the mediator, Martha Cook, issues respecting exit criteria and legal access.

On May 15, 1996, the Eleventh Circuit Court of Appeals dismissed the defendants' appeal of the District Court's July 11, 1995, order. On January 27, 1997, the Eleventh Circuit Court of Appeals dismissed the defendants' appeal of the District Court's January 3, 1995, order.

Previously, on May 17, 1995, the Department of Justice (DOJ) sent a letter to the Governor of Florida indicating an intent to investigate conditions at Landmark Learning Center and GPW pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997. After the State of Florida repeatedly denied DOJ access to the facilities, on November 9, 1995, the DOJ sent a findings letter to the Governor basing its information on public documents. On July 10, 1996, the United States submitted a motion to intervene in this case as a plaintiff.

On March 23, 1998, the District Court (Judge Becklew) adopted Magistrate Judge McCoun's recommendations, denying the defendants' motion to vacate, and granting the United States' motion to intervene.

On November 18, 1998, the Magistrate Court (Judge McCoun) ordered the defendants to comply with the monitors' request for access to class members as well as to mortality and budget information.

Significant litigation followed regarding attorneys' fees, substitution of attorneys, discovery, mediation, scheduling and continuance of a trial and compliance with the consent decree, during which time several emergency motions for protective orders were granted.

After a bench trial in August and September 2000, on June 28, 2001, the District Court (Judge Bucklew) entered judgment for the defendants and closed the case. Johnson v. Murphy, 2001 U.S. Dist. LEXIS 24013 (D. Fla. June 28, 2001). The Court held that "[i]n this trial, the burden of proof was on the plaintiffs to prove by a preponderance of the evidence that the defendants are violating the statutory and constitutional right of current and former GPW patients" and that "they have not done so," holding instead that "[w]hile the plaintiffs have offered evidence that mistakes have been made and that conditions and programs could be different or in some cases better, they have failed to prove that the patients at GPW are inadequately supervised; inadequately treated for self-injurious behavior; inadequately protected from environmental hazards; or that adverse incidents are inadequately investigated and/or responded to."

After one of the monitors apparently resigned, there was substantial litigation respecting the appointment of a replacement and the removal of the interim monitor.

In February 2002, GPW was closed.

On June 3, 2002, the District Court (Judge Bucklew) granted in part and denied in part the defendants' supplemental motion to terminate the consent decree and to dismiss the case with prejudice. The Court specifically denied the defendants' motion to terminate paragraphs of the consent decree pertaining to the monitoring of the defendants' community obligations and the Community Compliance Exit Criteria. A number of defendants filed separate appeals.

On October 29, 2003, the Eleventh Circuit Court of Appeals (Judge R. Lanier Anderson III) affirmed the District Court's June 3, 2002, refusal to lift all conditions of the consent decree. Johnson v. Florida, 2003 U.S. App. LEXIS 22282 (11th Cir. Oct. 29, 2003). The Court held that the district court did not err by refusing to vacate the consent decree under Fed. R. Civ. P. 60(b)(5) because the state acknowledged that approximately 90 patients were still in the state's physical custody because they could not be released when the hospital closed. Moreover, it found that the district court's findings in the Justice Department's case that the hospital's conditions met substantive due process standards were not conclusive as to the consent decree, as the issues were not identical. It found that the district court did not err by denying the state attorneys' fees from the Justice Department under 42 U.S.C.S. § 1997c(d) because the DOJ case was not frivolous.

On March 19, 2004, the Magistrate Court (Judge McCoun) entered an order resolving the two remaining exit criteria issues. Over the next few years, the monitors submitted several budget plans for the defendants to follow, and the Court granted all of them.

On September 30, 2009, the Court held that people moving out of the area were no longer considered part of the class. Consequently, the Court found that two of the defendants sufficiently complied with the consent decree, and granted defendants' motion to exit the consent decree as to those two defendants. The following year, the Court granted defendants' motion to exit for the remaining two defendants, and the consent decree was dissolved.

Summary Authors

Josh Altman (7/7/2006)

Maurice Youkanna (7/9/2014)

Related Cases

CRIPA Investigation, Landmark Learning Center, Opa-Locka (FL), No Court (1995)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4707920/parties/johnson-v-sellars/


Judge(s)

Anderson, Robert Lanier III (Georgia)

Bucklew, Susan C. (Florida)

Cox, Emmett Ripley (Alabama)

McCoun, Thomas B. III (Florida)

Nangle, John Francis (Missouri)

Attorneys(s) for Plaintiff

Bevington, Elizabeth Lewis (Florida)

Dale, Michael J. (Florida)

Green, James K. (Florida)

Grissom, Hubert A. (Florida)

Guare, Michael D. (Florida)

Judge(s)

Anderson, Robert Lanier III (Georgia)

Bucklew, Susan C. (Florida)

Cox, Emmett Ripley (Alabama)

McCoun, Thomas B. III (Florida)

Nangle, John Francis (Missouri)

Attorneys(s) for Plaintiff

Bevington, Elizabeth Lewis (Florida)

Dale, Michael J. (Florida)

Green, James K. (Florida)

Grissom, Hubert A. (Florida)

Guare, Michael D. (Florida)

Hanlon, Stephen F (District of Columbia)

Larson, Christine Elizabeth (Florida)

Leto, Nora (Florida)

Meeks, Karen Ivy (Florida)

Mensing, James F. (Florida)

Nelson, Alice K. (Florida)

Rosenberg, Robin L. (Florida)

Schwartz, Steven J. (Massachusetts)

Shapiro, Robert J. (Florida)

Siegel, Jodi (Florida)

Whisnant, Deborah (Florida)

Zollo, Nina Marie (Florida)

Attorneys(s) for Defendant

Butterworth, Robert A. (Florida)

Deluccia, Anthony N. Jr. (Florida)

Dunn, Mark S. (Florida)

Fass, Joel Stephen (Florida)

Goodman, Stephen B. (Pennsylvania)

Shelkofsky, Morris E. Jr. (Florida)

Stabile, Victor P. (Pennsylvania)

Talenfeld, Howard M. (Florida)

Taylor, Eric Joseph (Florida)

Vail, E. Jason (Florida)

Williams, James Orrin Jr. (Florida)

York, Thomas B. (Pennsylvania)

Other Attorney(s)

Bell, Aileen M. (District of Columbia)

Coffey, Kendall Brindley (Florida)

Davis, Tawana E. (District of Columbia)

Deerinwater, Verlin Hughes (District of Columbia)

Edwards, Lisa Wilson (District of Columbia)

Frohboese, Robinsue (District of Columbia)

Harrop, Ronald L. (Florida)

Lopez, Christy (District of Columbia)

Lubin, Elaine R. (District of Columbia)

Lynn, Robin (Florida)

Maddox, William G. (District of Columbia)

Page, Pamela H. (Florida)

Peabody, Arthur E. Jr. (District of Columbia)

Reno, Janet (District of Columbia)

Roberts, William H. (Florida)

Seigel, Michael L. (Florida)

Smith, Chesterfield Jr. (Florida)

Weinstein, Laurie J. (District of Columbia)

Wilson, Charles R. (Florida)

Zimmerman, Warren A. (Florida)

Zogby, Joseph R. (District of Columbia)

Expert/Monitor/Master

Flynn, Michael F. (Florida)

Patrick, Deval L. (District of Columbia)

Raab, Harriet (District of Columbia)

Rowe, Dorothy J. (Florida)

Winston, Judith A. (District of Columbia)

Documents in the Clearinghouse

Document

8:87-cv-00369

Docket [PACER]

Johnson v. Sellars

March 3, 2011

March 3, 2011

Docket
1

8:87-cv-00369

Complaint

Johnson v. Insley

March 11, 1987

March 11, 1987

Complaint
6

8:87-cv-00369

Amended Complaint

Johnson v. Insley

Dec. 14, 1987

Dec. 14, 1987

Complaint
30

8:87-cv-00369

Third Amended Complaint

Johnson v. Insley

Dec. 14, 1988

Dec. 14, 1988

Complaint
68

8:87-cv-00369

Consent Decree between Plaintiffs and Defendants

June 9, 1989

June 9, 1989

Order/Opinion

8:87-cv-00369

Memorandum re: Proposal of CRIPA Investigation of .....and G. Pierce Wood Memorial Hospital, Arcadia, Florida

March 23, 1995

March 23, 1995

Justification Memo

8:87-cv-00369

Notice Letter re: CRIPA Investigation of G. Pierce Wood Memorial Hospital, Arcadia, Florida

May 17, 1995

May 17, 1995

Notice Letter

8:87-cv-00369

Findings Letter re: CRIPA Investigation of G. Pierce Wood Memorial Hospital, Arcadia, Florida

Nov. 9, 1995

Nov. 9, 1995

Findings Letter/Report
707

8:87-cv-00369

Complaint in Intervention

April 2, 1998

April 2, 1998

Complaint
1319

8:87-cv-00369

Order

Johnson v. Murphy

2001 WL 1891711

June 28, 2001

June 28, 2001

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4707920/johnson-v-sellars/

Last updated Aug. 1, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed (cek) (Entered: 04/23/1991)

March 11, 1987

March 11, 1987

1561

ORDER granting 1560 motion for approval of proposed 2006/2007 budget. Signed by Judge Thomas B. McCoun III on 8/31/2006. (slb)

Aug. 31, 2006

Aug. 31, 2006

RECAP
2

MOTION by Miller Frank Johnson to proceed in forma pauperis (affidavit of indigency) (cek) (Entered: 04/23/1991)

March 11, 1987

March 11, 1987

1611

REPORT AND RECOMMENDATION re 1577 Defendant's Supplemental Motion to Exit Consent Decree and 1565 Defendant's Dispositive Motion to Exit Consent Decree. Signed by Magistrate Judge Thomas B. McCoun III on 9/10/2009. (SLB)

Sept. 10, 2009

Sept. 10, 2009

RECAP

CASE REFERRED to Judge Charles R. Wilson for discovery. (cek) (Entered: 04/23/1991)

March 11, 1987

March 11, 1987

SUMMONS(ES) issued for Fl Dept Of Health/re, G. Pierce Wood Memor, Dick Bradley, Gregory L. Coler . Consent(s) issued. (cek) (Entered: 04/23/1991)

March 17, 1987

March 17, 1987

FILE forwarded to Magistrate Game for IFP/1915 review. File rerouted to Judge rather than Magistrate. (cek) (Entered: 04/23/1991)

March 17, 1987

March 17, 1987

3

ORDER granting [2−1] motion to proceed in forma pauperis (affidavit of indigency) Clerk authorized to issue summons. Marshal authorized to serve process without prepayment. ( Signed by Judge Wm. T. Hodges ) (Summons mailed to Atty. James Mensing) (cek) (Entered: 04/23/1991)

April 8, 1987

April 8, 1987

4

ORDER TO SHOW CAUSE: Response to order to show cause due 11/30/87 ( Signed by Judge Wm. T. Hodges ) (cek) (Entered: 04/23/1991)

Nov. 3, 1987

Nov. 3, 1987

5

RESPONSE by Miller Frank Johnson to [4−1] order (cek) (Entered: 04/23/1991)

Dec. 3, 1987

Dec. 3, 1987

6

AMENDED COMPLAINT by Miller Frank Johnson , (Answer due 12/24/87 for Gregory L. Coler, for Dick Bradley, for G. Pierce Wood Memor, for Fl Dept Of Health/re ) amending [1−1] complaint (cek) (Entered: 04/23/1991)

Dec. 14, 1987

Dec. 14, 1987

7

RETURN OF SERVICE executed as to Dick Bradley 12/15/87 Answer due on 1/4/88 for Dick Bradley (cek) (Entered: 04/23/1991)

Dec. 17, 1987

Dec. 17, 1987

8

NOTICE of attorney appearance for Fl Dept Of Health/re, G. Pierce Wood Memor, Dick Bradley, Gregory L. Coler by Eric Joseph Taylor, Anthony N. Deluccia Jr. (cek) (Entered: 04/23/1991)

Dec. 28, 1987

Dec. 28, 1987

9

NOTICE of attorney appearance for Miller Frank Johnson by Karen Ivy Meeks (cek) (Entered: 04/23/1991)

March 17, 1988

March 17, 1988

10

MOTION by Miller Frank Johnson to extend time to file motion for class action (cek) (Entered: 04/23/1991)

March 17, 1988

March 17, 1988

11

ORDER Requiring Status Information. Status information due by 4/5/88 ( Signed by Judge Wm. T. Hodges ) (cek) (Entered: 04/23/1991)

March 21, 1988

March 21, 1988

12

ORDER granting [10−1] motion to extend time to file motion for class action, set motion filing deadline for 3/31/88 (s/JFG/03/23/88/Notified) (cek) (Entered: 04/23/1991)

March 23, 1988

March 23, 1988

13

MOTION by Miller Frank Johnson to certify class action (cek) (Entered: 04/23/1991)

April 4, 1988

April 4, 1988

15

RESPONSE to Order Requiring Status Information by Miller Frank Johnson. Discovery completion − 6 months; trial time − 2 to 4 days; settlement probability − partial settlement likely; complete settlement. (cek) (Entered: 04/23/1991)

April 5, 1988

April 5, 1988

16

PLEADING #16 is a duplicate of #15 and does not exist in file. (cek) (Entered: 04/23/1991)

April 5, 1988

April 5, 1988

17

SCHEDULING ORDER setting Discovery cutoff 1/5/89 ; Jury trial set for weeks beginning 2/6/89, 2/13/89, 2/20/89, 2/27/89; pretrial conference to be scheduled at later date by separate notice to counsel. ( signed by Judge Wm. T. Hodges ) (cek) (Entered: 04/23/1991)

May 3, 1988

May 3, 1988

18

ORDER TO SHOW CAUSE: Response to order to show cause due 5/30/88 as to why this action should not be dismissed pursuant to rule 1.07 (b), M.D. Fla. Rules. ( Signed by Judge Wm. T. Hodges ) (cek) (Entered: 04/23/1991)

May 10, 1988

May 10, 1988

19

ANSWER by Dick Bradley, Gregory L. Coler to amended complaint (cek) (Entered: 05/08/1991)

May 20, 1988

May 20, 1988

20

RESPONSE by Miller Frank Johnson to [18−1] order (cek) (Entered: 04/23/1991)

June 1, 1988

June 1, 1988

21

MOTION by Miller Frank Johnson for leave to file third amended complaint (cek) (Entered: 04/23/1991)

Aug. 3, 1988

Aug. 3, 1988

22

NOTICE of Hearing: set pretrial conference for 10:30 1/16/89 (cek) (Entered: 04/23/1991)

Sept. 3, 1988

Sept. 3, 1988

23

NOTICE of Hearing: reset pretrial conference for 10:30 1/17/89 (cek) (Entered: 04/23/1991)

Oct. 13, 1988

Oct. 13, 1988

24

JOINT MOTION by Fl Dept Of Health/re, G. Pierce Wood Memor, Dick Bradley, Miller Frank Johnson, Gregory L. Coler to continue pretrial conference (cek) (Entered: 04/23/1991)

Nov. 7, 1988

Nov. 7, 1988

25

MOTION by Miller Frank Johnson for partial summary judgment (cek) (Entered: 04/23/1991)

Dec. 8, 1988

Dec. 8, 1988

26

MOTION by Miller Frank Johnson for leave to file memo in excess of 20 pages (cek) (Entered: 04/23/1991)

Dec. 8, 1988

Dec. 8, 1988

27

NOTICE of attorney appearance for Miller Frank Johnson by Christine Larson (cek) (Entered: 04/23/1991)

Dec. 14, 1988

Dec. 14, 1988

28

MOTION by Fl Dept Of Health/re, G. Pierce Wood Memor, Dick Bradley, Gregory L. Coler to extend time to respond to Motion for Partial Summary Judgment (cek) (Entered: 04/23/1991)

Dec. 14, 1988

Dec. 14, 1988

29

ORDER denying [24−1] joint motion to continue pretrial conference granting [21−1] motion for leave to file third amended complaint ( Signed by Judge Wm. T. Hodges ) (cek) (Entered: 04/23/1991)

Dec. 14, 1988

Dec. 14, 1988

30

THIRD AMENDED COMPLAINT by Miller Frank Johnson , (Answer due 12/24/88 for Gregory L. Coler, for Dick Bradley, for G. Pierce Wood Memor, for Fl Dept Of Health/re ) amending amended complaint (cek) Modified on 05/16/1991 (Entered: 04/23/1991)

Dec. 14, 1988

Dec. 14, 1988

31

ORDER granting [28−1] motion to extend time to respond to Motion for Partial Summary Judgment, Response to motion reset to 1/31/89 for [25−1] motion for partial summary judgment (s/JFG/12/16/88/Notified) (cek) (Entered: 04/23/1991)

Dec. 16, 1988

Dec. 16, 1988

32

MOTION by Fl Dept Of Health/re, G. Pierce Wood Memor, Dick Bradley, Miller Frank Johnson, Gregory L. Coler, Lloyd Koger, Gail Bjerkenes, Sandra Guinn, Daniel Fennell for clarification of 12/14/88 order , to continue pretrial, trial, discovery deadlines (cek) (Entered: 04/23/1991)

Dec. 21, 1988

Dec. 21, 1988

33

NOTICE of Filing Pretrial Stipulation by Miller Frank Johnson, Lloyd Koger, Gail Bjerkenes, Sandra Guinn, Daniel Fennell (cek) (Entered: 04/23/1991)

Jan. 13, 1989

Jan. 13, 1989

35

ANSWER by Dick Bradley, Gregory L. Coler to third amended complaint (cek) Modified on 05/16/1991 (Entered: 04/23/1991)

Jan. 13, 1989

Jan. 13, 1989

36

Clerks Minutes of Pretrial Conference before Magistate Game on 01/17/89. (cek) (Entered: 04/23/1991)

Jan. 17, 1989

Jan. 17, 1989

Pre−trial conference held (cek) (Entered: 04/23/1991)

Jan. 17, 1989

Jan. 17, 1989

37

ORDER case previously set in February will be included in calendar set for Judge Richard E. Robinson in February or March by separate Order. ( Signed by Judge Wm. T. Hodges ) (cek) (Entered: 04/23/1991)

Jan. 18, 1989

Jan. 18, 1989

38

SCHEDULING ORDER setting Jury trial set for 1/30/89; 2/6; 3/6 and and days of March 13, 14, 15 before Judge Richard E. Robinson. ( signed by Judge Wm. T. Hodges ) (cek) (Entered: 04/23/1991)

Jan. 18, 1989

Jan. 18, 1989

39

PRETRIAL ORDER Case shall proceed to trial pursuant to the pretrial stipulation − discovery shall continue up to and including 5 days prior to trial. ( Signed by Judge Charles R. Wilson ) (cek) (Entered: 04/23/1991)

Jan. 20, 1989

Jan. 20, 1989

40

AGREED ORDER granting Oral Motion for Protective order filed by defts and Oral Motion to Compel filed by pltfs at pretrial conference.( Signed by Judge Charles R. Wilson ) (cek) (Entered: 04/23/1991)

Jan. 23, 1989

Jan. 23, 1989

41

MOTION by Fl Dept Of Health/re, G. Pierce Wood Memor, Dick Bradley, Gregory L. Coler to extend time to respond to Motion for Partial Summary Judgment (cek) (Entered: 04/23/1991)

Jan. 30, 1989

Jan. 30, 1989

42

ORDER granting [41−1] motion to extend time to respond to Motion for Partial Summary Judgment, Response to motion reset to 2/9/89 for [25−1] motion for partial summary judgment ( Signed by Judge Wm. T. Hodges ) (cek) (Entered: 04/23/1991)

Jan. 30, 1989

Jan. 30, 1989

43

NOTICE of attorney appearance for Fl Dept Of Health/re, G. Pierce Wood Memor, Dick Bradley, Gregory L. Coler by James O. Williams. (cek) (Entered: 04/23/1991)

Feb. 6, 1989

Feb. 6, 1989

44

MEMORANDUM by Fl Dept Of Health/re, G. Pierce Wood Memor, Dick Bradley, Gregory L. Coler in opposition to [25−1] motion for partial summary judgment (cek) (Entered: 04/23/1991)

Feb. 13, 1989

Feb. 13, 1989

45

REQUEST for Oral Argument on Pltfs Motion for Partial Summary Judgment by defts. (cek) (Entered: 04/23/1991)

Feb. 13, 1989

Feb. 13, 1989

46

MOTION by Fl Dept Of Health/re, G. Pierce Wood Memor, Dick Bradley, Gregory L. Coler to extend time to file affidavits (cek) (Entered: 04/23/1991)

Feb. 13, 1989

Feb. 13, 1989

47

ORDER granting [46−1] motion to extend time to file affidavits to and including 3/1/89. (s/JFG/02/14/89/Notified) (cek) Modified on 05/21/1991 (Entered: 04/23/1991)

Feb. 14, 1989

Feb. 14, 1989

48

ORDER granting [32−2] motion to continue pretrial, trial, discovery deadlines to be reset by the clerk by separate notice.( Signed by Judge Wm. T. Hodges ) (cek) Modified on 05/21/1991 (Entered: 04/23/1991)

Feb. 15, 1989

Feb. 15, 1989

STIPULATION for Continuance by parties (FAX copy). (cek) (Entered: 04/29/1991)

Feb. 15, 1989

Feb. 15, 1989

49

JOINT MOTION by Fl Dept Of Health/re, G. Pierce Wood Memor, Dick Bradley, Gregory L. Coler to substitute attorney (cek) (Entered: 04/23/1991)

Feb. 22, 1989

Feb. 22, 1989

ENDORSED ORDER granting [49−1] joint motion to substitute attorney terminated Eric Taylor. Added James Orrin Williams Jr. ( Signed by Judge Wm. T. Hodges ) (cek) (Entered: 04/23/1991)

Feb. 22, 1989

Feb. 22, 1989

50

MOTION by Miller Frank Johnson to extend time to reply to defts Memo in opposition to pltfs Motion for partial summary judgment (cek) (Entered: 04/23/1991)

Feb. 27, 1989

Feb. 27, 1989

52

ORDER granting [50−1] motion to extend time to reply to defts Memo in opposition to pltfs Motion for partial summary judgment, Reply to Response to Motion reset to 3/20/89 for [25−1] motion for partial summary judgment (s/JFG/03/02/89/Notified) (cek) (Entered: 04/23/1991)

March 2, 1989

March 2, 1989

53

SCHEDULING ORDER setting Discovery cutoff 11/1/89 ; Pretrial conference for 11:00 4/10/89 ; Jury trial set for 11/6/89 ( signed by Judge Wm. T. Hodges ) (cek) (Entered: 04/23/1991)

March 2, 1989

March 2, 1989

54

ORDER granting [13−1] motion to certify class action. That a class is certified, consisting of all persons who are now or will in the future be committed to G. Pierce Wood Memorial Hospital. It is further ordered that a subclass is certified, consisting of: All present and future patients at G. Pierce Wood Memorial Hospital who have been determined by their treatment team to be "discharge ready" for a period of 15 days or longer, but who have not been discharged. ( Signed by Judge Paul Game, Jr.) (cek) Modified on 05/21/1991 (Entered: 04/23/1991)

March 16, 1989

March 16, 1989

55

MOTION by Miller Frank Johnson, Lloyd Koger, Gail Bjerkenes, Sandra Guinn, Daniel Fennell with memorandum in support for leave to file reply to memo in opposition to pltfs motion for partial summary judgment (cek) (Entered: 04/23/1991)

March 20, 1989

March 20, 1989

56

SUPPLEMENTAL Witness list by Miller Frank Johnson (lgl) (Entered: 05/21/1991)

March 29, 1989

March 29, 1989

57

SUPPLEMENTAL Exhibit list by Miller Frank Johnson (lgl) (Entered: 05/21/1991)

March 31, 1989

March 31, 1989

58

NOTICE of attorney appearance for Miller Frank Johnson, Lloyd Koger, Gail Bjerkenes, Sandra Guinn, Daniel Fennell by Nora Leto (cek) (Entered: 04/23/1991)

April 7, 1989

April 7, 1989

59

NOTICE of Hearing: reset pretrial conference for 10:00 4/24/89 before Magistrate Game. (cek) Modified on 05/21/1991 (Entered: 04/23/1991)

April 12, 1989

April 12, 1989

60

JOINT MOTION by Fl Dept Of Health/re, G. Pierce Wood Memor, Dick Bradley, Miller Frank Johnson, Gregory L. Coler, Lloyd Koger, Gail Bjerkenes, Sandra Guinn, Daniel Fennell to continue pretrial conference referred to Judge Paul Game, Jr. (cek) Modified on 05/21/1991 (Entered: 04/23/1991)

April 14, 1989

April 14, 1989

61

JOINT MOTION by Fl Dept Of Health/re, G. Pierce Wood Memor, Dick Bradley, Miller Frank Johnson, Gregory L. Coler, Lloyd Koger, Gail Bjerkenes, Sandra Guinn, Daniel Fennell to continue pretrial conference referred to Judge Paul Game, Jr. (cek) Modified on 05/21/1991 (Entered: 04/23/1991)

April 24, 1989

April 24, 1989

62

ORDER granting [60−1] joint motion to continue pretrial conference. Conference reset for 4/24/89 at 10:00 am.( Signed by Paul Game, Jr.) (cek) Modified on 05/21/1991 (Entered: 04/23/1991)

April 25, 1989

April 25, 1989

63

ORDER granting [61−1] joint motion to continue pretrial conference, reset pretrial conference for 10:00 5/15/89 No further continuances shall be granted.( Signed by Judge Paul Game, Jr. ) (cek) Modified on 05/21/1991 (Entered: 04/23/1991)

April 27, 1989

April 27, 1989

64

ORDER REFERRING CASE to Judge Paul Game, Jr. for all further proceedings. ( signed by Judge Wm. T. Hodges ) (cek) Modified on 04/29/1991 (Entered: 04/23/1991)

May 15, 1989

May 15, 1989

65

AGREED ORDER substituting Dick Bradley as a party deft for Richard Insley who has resigned as administrator.( Signed by Judge Paul Game, Jr.) (cek) Modified on 04/29/1991 (Entered: 04/23/1991)

May 19, 1989

May 19, 1989

66

TRANSCRIPT OF PROCEEDINGS on pretrial conference for date of 5/15/89 before Judge Paul Game, Jr. (Filed under separate cover) (cek) Modified on 05/21/1991 (Entered: 04/23/1991)

May 30, 1989

May 30, 1989

68

CONSENT DECREE between pltfs and defts. Exhibit A and Comprehensive Services Plan in 2 volumes filed in deposition folder. (cek) (Entered: 04/23/1991)

June 9, 1989

June 9, 1989

69

NOTICE OF PROPOSED SETTLEMENT filed by Fl Dept Of Health/re, G. Pierce Wood Memor, Dick Bradley, Miller Frank Johnson, Gregory L. Coler, Lloyd Koger, Gail Bjerkenes, Sandra Daniel Fennell. Any comments or objections concerning this partial settlement agreement must be filed with the court in writing, within 30 days of receiving this notice. s/PG/06/14/91/89/Notified. (cek) (Entered: 04/25/1991)

June 14, 1989

June 14, 1989

70

NOTICE of Hearing: Motion hearing set for 2:30 6/30/89 for [25−1] motion for partial summary judgment (cek) (Entered: 04/25/1991)

June 20, 1989

June 20, 1989

71

NOTICE of Hearing: Fairness hearing in room 202 on 7/25/89 at 10:30am (cek) (Entered: 04/25/1991)

June 20, 1989

June 20, 1989

72

AGREED MOTION by Fl Dept Of Health/re, G. Pierce Wood Memor, Dick Bradley, Miller Frank Johnson, Gregory L. Coler, Lloyd Koger, Gail Bjerkenes, Sandra Guinn, Daniel Fennell to continue hearing set for 6/30/89 referred to Judge Paul Game, Jr. (cek) Modified on 05/21/1991 (Entered: 04/25/1991)

June 26, 1989

June 26, 1989

73

ORDER granting [72−1] motion to continue hearing set for 6/30/89, Motion hearing set for 10:00 7/19/89 for [25−1] motion for partial summary judgment ( Signed by Judge Paul Game, Jr.) (cek) Modified on 04/29/1991 (Entered: 04/25/1991)

June 26, 1989

June 26, 1989

74

Return of service unexecuted as to Fl Dept Of Health/re; service by mail 11/23/87 no return of USM 299 as of 6/23/89 on John Miller, general counsel, HRS (cek) (Entered: 04/25/1991)

June 29, 1989

June 29, 1989

75

Return of service unexecuted as to Gregory L. Coler; service by mail 11/23/87 − no return of USM 299 in USM office 6/23/89 on Gregory L. Coler. (cek) (Entered: 04/25/1991)

June 29, 1989

June 29, 1989

76

MOTION by Miller Frank Johnson for limited appearance by Deborah Whisnant as attorney referred to Judge Paul Game, Jr. (cek) Modified on 04/29/1991 (Entered: 04/25/1991)

July 11, 1989

July 11, 1989

77

NOTICE of attorney appearance for Miller Frank Johnson by Deborah Whisnant (cek) (Entered: 04/25/1991)

July 11, 1989

July 11, 1989

78

MOTION by Miller Frank Johnson to continue fairness hearing referred to Judge Paul Game, Jr. (cek) Modified on 04/29/1991 (Entered: 04/25/1991)

July 11, 1989

July 11, 1989

79

RESPONSE by Lloyd Koger, Gail Bjerkenes, Sandra Guinn, Daniel Fennell in opposition to [76−1] motion for limited appearance by Deborah Whisnant as attorney (cek) (Entered: 04/25/1991)

July 19, 1989

July 19, 1989

80

MOTION by Lloyd Koger, Gail Bjerkenes, Sandra Guinn, Daniel Fennell to strike [77−1] appear/appearance notice referred to Judge Paul Game, Jr. (cek) Modified on 04/29/1991 (Entered: 04/25/1991)

July 19, 1989

July 19, 1989

81

RESPONSE by Lloyd Koger, Gail Bjerkenes, Sandra Guinn, Daniel Fennell to [78−1] motion to continue fairness hearing. Exhibits attached. (cek) (Entered: 04/25/1991)

July 19, 1989

July 19, 1989

82

MOTION by Lloyd Koger, Gail Bjerkenes, Sandra Guinn, Daniel Fennell to appoint monitors referred to Judge Paul Game, Jr. (cek) Modified on 04/29/1991 (Entered: 04/25/1991)

July 19, 1989

July 19, 1989

83

RESPONSE by Miller Frank Johnson in opposition to Consent Decree [68−1] remark (cek) (Entered: 04/25/1991)

July 19, 1989

July 19, 1989

84

ORDER denying [80−1] motion to strike [77−1] appear/appearance notice denying [78−1] motion to continue fairness hearing granting [76−1] motion for limited appearance by Deborah Whisnant as attorney ( Signed by Judge Paul Game, Jr.)

July 25, 1989

July 25, 1989

86

AFFIDAVIT of Nora Leto by Lloyd Koger, Gail Bjerkenes, Sandra Guinn, Daniel Fennell Re: Consent Decree [68−1] remark (cek) (Entered: 04/25/1991)

July 26, 1989

July 26, 1989

87

MOTION by Dick Bradley, Gregory L. Coler to appoint single, local monitor referred to Judge Paul Game, Jr. (cek) Modified on 04/29/1991 (Entered: 04/25/1991)

Aug. 2, 1989

Aug. 2, 1989

88

MOTION by Dick Bradley, Gregory L. Coler for evidentiary hearing referred to Judge Paul Game, Jr. (cek) Modified on 04/29/1991 (Entered: 04/25/1991)

Aug. 2, 1989

Aug. 2, 1989

89

RESPONSE by Miller Frank Johnson to [87−1] motion to appoint single, local monitor (cek) (Entered: 04/25/1991)

Aug. 3, 1989

Aug. 3, 1989

90

RESPONSE by Lloyd Koger, Gail Bjerkenes, Sandra Guinn, Daniel Fennell to [88−1] motion for evidentiary hearing (cek) (Entered: 04/25/1991)

Aug. 10, 1989

Aug. 10, 1989

91

RESPONSE by Lloyd Koger, Gail Bjerkenes, Sandra Guinn, Daniel Fennell in opposition to [87−1] motion to appoint single, local monitor (cek) (Entered: 04/25/1991)

Aug. 10, 1989

Aug. 10, 1989

92

ORDER Pursuant to the Consent Decree, all claims and prayers for relief shall upon the filing of a Stipulation of dismissal in such form as attached to Exhibit B to the Agreement, be dismissed with prejudice. ( Signed by Judge Paul Game Jr.) (cek) Modified on 04/29/1991 (Entered: 04/25/1991)

Aug. 14, 1989

Aug. 14, 1989

93

NOTICE of Hearing: set evidentiary hearing for 2:30 8/28/89 on defts Motion for appointment of Single Local Monitor and Budget for Monitor in Room 202 (cek) (Entered: 04/25/1991)

Aug. 14, 1989

Aug. 14, 1989

94

TRANSCRIPT OF PROCEEDINGS on Fairness Hearing for date of 7/25/89 before Judge Paul Game, Jr.. (cek) (Entered: 04/25/1991)

Aug. 18, 1989

Aug. 18, 1989

95

MOTION by Dick Bradley, Gregory L. Coler to continue evidentiary hearing referred to Judge Paul Game, Jr. (cek) Modified on 04/29/1991 (Entered: 04/25/1991)

Aug. 23, 1989

Aug. 23, 1989

96

MOTION by Dick Bradley, Gregory L. Coler to substitute attorney (cek) (Entered: 04/25/1991)

Aug. 24, 1989

Aug. 24, 1989

ENDORSED ORDER granting [96−1] motion to substitute attorney terminated attorney James Orrin Williams Jr. for Gregory L. Coler, attorney James Orrin Williams Jr. for Dick Bradley, attorney James Orrin Williams Jr. for G. Pierce Wood Memor, attorney James Orrin Williams Jr. for Fl Dept Of Health/re Added Joel Stephen Fass ( Signed by Judge Wm. T. Hodges ) (cek) (Entered: 04/25/1991)

Aug. 24, 1989

Aug. 24, 1989

Case Details

State / Territory: Florida

Case Type(s):

Mental Health (Facility)

Special Collection(s):

Civil Rights Division Archival Collection

Multi-LexSum (in sample)

Key Dates

Filing Date: March 11, 1987

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Present and future Patients at G. Pierce Wood Memorial Hospital.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Florida (De Soto), State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1989 - 2010

Content of Injunction:

Monitoring

Hire

Issues

General:

Access to lawyers or judicial system

Aggressive behavior

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Deinstitutionalization/decarceration

Discharge & termination plans

Failure to supervise

Family reunification

Food service / nutrition / hydration

Incident/accident reporting & investigations

Individualized planning

Placement in mental health facilities

Reassessment and care planning

Record-keeping

Recreation / Exercise

Rehabilitation

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Visiting

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Least restrictive environment

Mental impairment

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Mental health care, general

Mental health care, unspecified

Type of Facility:

Government-run