Case: United States v. Hawaii

1:91-cv-00137 | U.S. District Court for the District of Hawaii

Filed Date: March 3, 1991

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On March 3, 1991, the United States filed a lawsuit under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997, against the State of Hawaii, the Hawaii Department of Health, and Hawaii State Hospital (HSH), in the U.S. District Court for the District of Hawaii, Hawaii Division. The government asked the court for injunctive relief, alleging that the defendants were depriving HSH residents of their constitutional rights, privileges or immunities. Specifically, the governm…

On March 3, 1991, the United States filed a lawsuit under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997, against the State of Hawaii, the Hawaii Department of Health, and Hawaii State Hospital (HSH), in the U.S. District Court for the District of Hawaii, Hawaii Division. The government asked the court for injunctive relief, alleging that the defendants were depriving HSH residents of their constitutional rights, privileges or immunities. Specifically, the government contended that the defendants (a) failed to provide patients at HSH with psychiatric care necessary to ensure patients were free form undue bodily restraint or unreasonable risks to their personal safety, (b) failed to ensure that medications were prescribed and administered by qualified staff, (c) failed to provide an adequate number of sufficiently trained staff, (d) failed to ensure professionally based recordkeeping and record review systems, (e) failed to maintain the physical environment at HSH, and (f) failed to limit bodily restraint and seclusion to instances where professional judgment indicated their use.

Previously, on November 6, 1989, the Department of Justice (DOJ) sent the Governor of Hawaii a letter indicating its intention to investigate conditions within HSH at Kanehoe and Honolulu, Hawaii. In the letter, the DOJ related allegations of inadequate number of professional and direct care staff, abuse and neglect of patients, overuse of restraints, inadequate recordkeeping practices, substandard physical conditions, and the failure to provide treatment sufficient to avoid undue risks to personal safety and unreasonable bodily restraint. After touring HSH on December 11-14, 1989, on March 1, 1990, the DOJ sent the Governor a findings letter. In the letter, the DOJ cited conditions at HSH respecting inadequate food, clothing and shelter, unsafe psychopharmacological practices, inadequate general medical care, a lack of adequate treatment programs that resulted in undue bodily restraint, and inadequate record-keeping practices. The DOJ further outlined certain remedies to stop patterns and practices at HSH that resulted in deprivations of patients' constitutional rights.

After the DOJ's findings letter apparently went unheeded, the government filed this suit.

On September 19, 1991, the District Court (Judge David Alan Ezra) approved a consent decree. Under the consent decree, the defendants were required to submit monthly and quarterly reports and to permit the DOJ to regularly tour HSH to monitor compliance. The DOJ toured HSH in April 1992, January 1993, March 1994 and November 1994. The DOJ repeatedly communicated to the defendants that they never fully complied with the consent decree.

On December 14, 1994, the government filed a petition to hold the defendants in contempt for failing to adequately staff HSH and implement an effective organizational structure. The government further sought a moratorium on further non-emergency admissions, full staffing within four months, procedures for monitoring abuse, the appointment of an external monitor and a protective order for HSH employees who assisted DOJ. Ruling on the government's contempt motion, on January 10, 1995, the District Court (Judge Ezra) found the defendants in contempt, and further granted the protective order for HSH employees who assisted the DOJ.

On November 15, 1995, and on June 28, 1996, the District Court (Judge Ezra) entered orders regarding procedures for reporting and investigating allegations of abuse and neglect at HSH, as well as implementation of certain provisions to remedy the defendants' contempt of the settlement agreement.

On February 13, 1998, the District Court (Judge Ezra) denied the government's motion for appointment of an independent expert to monitor compliance in the child and adolescent mental health programs. However, on March 18, 1999, the Court established a compliance committee.

On January 7, 2000, the District Court (Judge Ezra) ordered a special monitor to be in place within 30 days, and, on January 20, 2000, the Court appointed Leland Chang as special monitor. On February 21, 2002, the Court appointed Kris A. McLounglin to replace Leland Chang as special monitor. Significant litigation followed respecting the power, term and budget of the special monitor.

On June 19, 2001, the District Court (Judge Ezra) appointed Magistrate Judge Kevin S. Chang as special master. Significant litigation followed respecting the numerous reports and recommendations from the master. See e.g., United States v. Hawaii, 424 F.Supp.2d 1278 (D.Hawai'i 2006). On December 1, 2006, following the filing of the master's twelfth report, the district court (Judge Ezra) dismissed the case with prejudice.

Summary Authors

Kristen Sagar (10/6/2008)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4625576/parties/united-states-v-state-of-hawaii/


Judge(s)

Chang, Kevin S.C. (Hawaii)

Ezra, David Alan (Hawaii)

Attorneys(s) for Plaintiff

Bent, Daniel A (Hawaii)

Chun, Michael (Hawaii)

Deerinwater, Verlin Hughes (District of Columbia)

Deutsch, David (District of Columbia)

Dunne, John R. (District of Columbia)

Farano, Richard J. (District of Columbia)

Frohboese, Robinsue (District of Columbia)

Hughes, Verlin (District of Columbia)

Judge(s)

Chang, Kevin S.C. (Hawaii)

Ezra, David Alan (Hawaii)

Attorneys(s) for Plaintiff

Bent, Daniel A (Hawaii)

Chun, Michael (Hawaii)

Deerinwater, Verlin Hughes (District of Columbia)

Deutsch, David (District of Columbia)

Dunne, John R. (District of Columbia)

Farano, Richard J. (District of Columbia)

Frohboese, Robinsue (District of Columbia)

Hughes, Verlin (District of Columbia)

Nelson, Mellie H. (District of Columbia)

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

Turner, James P. (District of Columbia)

Yee, Harry (Hawaii)

Attorneys(s) for Defendant

Andreas, Ann V. (Hawaii)

AuCoin, Paul M. (Ohio)

Goto, Blair A. (Hawaii)

Marks, Robert A. (Hawaii)

Price, Warren III (Hawaii)

Expert/Monitor/Master

Akaka, Jeffrey (Hawaii)

Broderick, Michael F. (Hawaii)

Documents in the Clearinghouse

Document

1:91-cv-00137

Docket [PACER]

Dec. 21, 2006

Dec. 21, 2006

Docket

1:91-cv-00137

Notice Letter re: CRIPA Investigation of Hawaii State Hospital, Kaneohe and Honolulu, Hawaii

Nov. 6, 1989

Nov. 6, 1989

Notice Letter

1:91-cv-00137

Findings Letter re: Hawaii State Hospital, Kaneohe and Honolulu, Hawaii, 42 U.S.C. Section 1997b (a)(1)

No Court

March 1, 1990

March 1, 1990

Findings Letter/Report
1

1:91-cv-00137

Complaint

March 7, 1991

March 7, 1991

Complaint
28

1:91-cv-00137

Order Holding Defendants in Contempt

885 F.Supp. 212

Jan. 10, 1995

Jan. 10, 1995

Order/Opinion
393

1:91-cv-00137

Order Adopting and Approving Eleventh Report and Recommendation

424 F.Supp.2d 1278

March 24, 2006

March 24, 2006

Order/Opinion
410

1:91-cv-00137

Opinion

2006 U.S.Dist.LEXIS 35207

May 30, 2006

May 30, 2006

Order/Opinion
413

1:91-cv-00137

Twelfth Report and Recommendation

Aug. 28, 2006

Aug. 28, 2006

Magistrate Report/Recommendation

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4625576/united-states-v-state-of-hawaii/

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

ECF Number Description Date Link Date / Link
393

ORDER ADOPTING and Approving 380 ELEVENTH REPORT AND RECOMMENDATIONS . Signed by Judge DAVID ALAN EZRA on 03/24/2006. (bbb, )

March 24, 2006

March 24, 2006

RECAP
1

COMPLAINT; Certificate of the Attorney General; Summons. (Attachments: # 1 Civil Cover Sheet)(afc) (Entered: 08/07/2007)

March 7, 1991

March 7, 1991

18

PETITION by plaintiff USA for Order to Show Cause why defendants should not be held in contempt; memorandum in support of petition; exhibits 1−44 (wnn) (Entered: 12/14/1994)

Dec. 14, 1994

Dec. 14, 1994

399

FINDINGS AND RECOMMENDATION regarding benchmarks. Objections to R&R due by 4/30/2006. Signed by Judge KEVIN S.C. CHANG on April 10, 2006. (bbb, )

April 10, 2006

April 10, 2006

RECAP
19

RETURN OF SERVICE executed petition for osc and osc on Cheryl DeMello for Sonia Faust on 2/14/94 (tbf) (Entered: 12/20/1994)

Dec. 14, 1994

Dec. 14, 1994

403

SPECIAL MASTER'S REPORT REGARDING 399 BENCHMARKS; # 1 Exhibit A.; "Based on the foregoing, the Special Master recommends that no further action be taken by the Court with regard to the Order Adopting and Approving Eleventh Report and Recommendation. IT IS SO FOUND AND RECOMMENDED."; Objections to R&R due by 5/17/2006. Signed by Judge KEVIN S.C. CHANG on May 3, 2006. (bbb, )

May 3, 2006

May 3, 2006

RECAP
20

ORDER TO SHOW CAUSE why defts should not be held in contempt: by Judge David A. Ezra − on behalf of USA set for 9:00 1/10/95 to Judge David A. Ezra (tbf) (Entered: 12/20/1994)

Dec. 14, 1994

Dec. 14, 1994

21

RETURN OF SERVICE of OSC executed upon defendant State of Hawaii on 12/23/94 (wnn) (Entered: 12/29/1994)

Dec. 29, 1994

Dec. 29, 1994

22

MEMORANDUM by defendant in opposition to United States' petition for an order to show cause why defendants should not be held in contempt [18−1]; declaration of Sherry K. Harrison, exhibit "A"; declaration of Lawrence Miike, M.D.; declaration of Paula E. Ayers; declaration of Antonia S. Austria, M.D.; certificate of service (wnn) (Entered: 12/30/1994)

Dec. 29, 1994

Dec. 29, 1994

23

EX PARTE MOTION by plaintiff USA for an expedited ruling on defendants' request for continuance of contempt hearing (wnn) (Entered: 01/18/1995)

Jan. 3, 1995

Jan. 3, 1995

24

MEMORANDUM by plaintiff USA in opposition to defendants' request for a continuance of the 1/10/95 contempt hearing (wnn) (Entered: 01/18/1995)

Jan. 3, 1995

Jan. 3, 1995

25

ORDER denying defendants' request for continuance by Judge David A. Ezra − on behalf of plaintiff (wnn) (Entered: 01/18/1995)

Jan. 4, 1995

Jan. 4, 1995

26

EP : Order to Show Caue Why defendant Should Not be Held In Contempt: stipulation regarding admissibility of documents in United States' memorandum in support of petition to show cause why defendants should not be held in contempt; order signed and filed. defendants stipulate to the qualification of pltf's experts witnesses, Dr. Jeffrey Geller and Miriam Kile; their declarations and waives cross examination. opening statement by the plaintiff. no evidence submitted by the defts in defense of violations alleged by the plaintiff. the court finds defendants in violation of the Court's order. the cCourt will allow the exceutive and legislative branch of the State of Hawaii prepare a remedial plan in accordance with the remedial measure suggested by the pltf. the submission and approval of such a plan is set for 9:00 1/18/95. the defendants are enjoined from taking any retribution against the "whistle−blowers" and ordered to investigate any threats made thereof.(Ct Rptr : SP) JUDGE Judge David A. Ezra (wnn) (Entered: 01/18/1995)

Jan. 10, 1995

Jan. 10, 1995

27

STIPULATION and ORDER by Judge David A. Ezra : regarding admissibility of documents in United States' memorandum in support of petition to show cause why defendants should not be held in contempt − on behalf of USA (wnn) (Entered: 01/18/1995)

Jan. 10, 1995

Jan. 10, 1995

28

ORDER by Judge David A. Ezra holding defendants in contempt − [Court finds defendants in contempt of its 1991 Order; court hereby enjoins any current, former or future HSH or State employee from retaliating in any way against any person who has assisted or assists plaintiff by reporting deficient conditions at Hawaii State Hospital − (cc: all counsel) (wnn) (Entered: 01/18/1995)

Jan. 10, 1995

Jan. 10, 1995

29

EO : the hearing on the submission and approval of the remedial plan is continued to 3:00 1/19/95. ( Ct Rptr : ) JUDGE Judge David A. Ezra (wnn) (Entered: 01/23/1995)

Jan. 18, 1995

Jan. 18, 1995

30

EP : stipulation and order to remedy defendants' contempt of settlement agreement; attachment 1 signed and filed. ( Ct Rptr : YI) JUDGE Judge David A. Ezra (wnn) (Entered: 01/23/1995)

Jan. 19, 1995

Jan. 19, 1995

31

STIPULATION and ORDER by Judge David A. Ezra : to remedy defendants' contempt of settlement agreement; attachment "1" − on behalf of plaintiff USA (wnn) (Entered: 01/24/1995)

Jan. 19, 1995

Jan. 19, 1995

32

STIPULATION and ORDER regrding reporting requirements − by Judge David A. Ezra : on behalf of USA (tbf) (Entered: 02/21/1995)

Feb. 13, 1995

Feb. 13, 1995

33

FIRST STATUS REPORT by plaintiff USA regarding defendants' compliance with remedial plan (wnn) (Entered: 03/01/1995)

March 1, 1995

March 1, 1995

34

SECOND STATUS REPORT by plaintiff USA regarding defendants' compliance with remedial plan; attachments 1−2 (attachment 2 filed under seal) (wnn) (Entered: 04/05/1995)

March 30, 1995

March 30, 1995

35

THIRD STATUS REPORT by plaintiff USA regarding defendants' compliance with remedial plan; attachments 1−3 (attachment 2 &3 filed under SEAL) (wnn) (Entered: 05/02/1995)

May 1, 1995

May 1, 1995

36

United States' fourth STATUS REPORT regarding defendants' compliance with remedial plan; attachment (fe) (Entered: 06/09/1995)

June 1, 1995

June 1, 1995

37

United States' FIFTH STATUS REPORT regarding defendants' compliance with remedial plan; attachment (fe) (Entered: 07/05/1995)

July 3, 1995

July 3, 1995

38

SIXTH STATUS REPORT by plaintiff USA regarding defendants' compliance with remedial plan; attachment a; attachment b (wnn) (Entered: 08/01/1995)

July 31, 1995

July 31, 1995

39

Seventh STATUS REPORT by plaintiff USA regarding defendants' compliance with remedial plan; attachment a (wnn) (Entered: 09/12/1995)

Sept. 1, 1995

Sept. 1, 1995

40

United States' eighth STATUS REPORT regarding defendants' compiance with remedial plan; attachment a (fe) (Entered: 10/02/1995)

Oct. 2, 1995

Oct. 2, 1995

41

Ninth STATUS REPORT regarding defts' compliance with remedial plan; attachment a − by plaintiff (tbf) (Entered: 11/03/1995)

Nov. 1, 1995

Nov. 1, 1995

42

STIPULATION and ORDER by Judge David A. Ezra : regarding procedures for reporting and investigating allegations of abuse and neglect at Hawaii State Hospital − on behalf of USA (wnn) (Entered: 11/16/1995)

Nov. 15, 1995

Nov. 15, 1995

43

TENTH STATUS REPORT by plaintiff USA regarding defendants' compliance with remedial plan; attachment a (wnn) (Entered: 12/04/1995)

Dec. 1, 1995

Dec. 1, 1995

44

Eleventh STATUS report regarding defendants' compliance with court's orders; attachment a; attachment b − by plaintiff USA (tbf) (Entered: 01/09/1996)

Jan. 5, 1996

Jan. 5, 1996

45

TWELFTH STATUS REPORT by plaintiff USA regarding defendants' compliance with court's orders; attachment a;

Feb. 1, 1996

Feb. 1, 1996

47

United States' Fourteenth STATUS REPORT regarding defendants' compliance with court's orders; attachment a − on behalf of pltf (fe) (Entered: 04/11/1996)

April 1, 1996

April 1, 1996

48

Fifteenth STATUS REPORT by plaintiff USA regarding defendants' compliance with court's orders; attachment a; attachment b; attachment c (wnn) Modified on 05/06/1996 (Entered: 05/06/1996)

May 1, 1996

May 1, 1996

49

JOINT MOTION by plaintiff USA for status conference − set for 8:00 5/22/96 before Judge David Alan Ezra (wnn) (Entered: 05/07/1996)

May 7, 1996

May 7, 1996

50

EP : Status conference held 5/22/96 before Judge David A. Ezra ; pltf's counsel Verlin Hughes recited on the record to this court the update on conditions at the State Hospital; the next written status report from the plaintiff's to this court is due by 7/1/96 ( Ct Rptr : SP) JUDGE Judge David A. Ezra (wnn) (Entered: 05/28/1996)

May 22, 1996

May 22, 1996

51

STIPULATION and ORDER − [re progress regarding implementation of certain provisions of stip and order to remedy defts' contempt of settlement agreement and remedial plant entered as an order on 01/19/95, and to address areas in continuing need of correction at Hawaii State Hospital; all provisions of (1) order entered 9/19/91, (2) stip and order entered 1/19/95, and (3) stip and order entered 11/15/95 that do not otherwise conflict with the terms of this order shall remain in full force and effect] − by Judge David A. Ezra − on behalf of pltf (fe) Modified on 07/02/1996 (Entered: 07/02/1996)

June 28, 1996

June 28, 1996

52

Sixteenth STATUS REPORT regarding defendants' compliance with court's orders by plaintiff USA; attachment a (wnn) (Entered: 07/02/1996)

July 1, 1996

July 1, 1996

53

Seventeenth STATUS REPORT regarding defts' compliance with court's orders; attachment a − by plaintiff USA (tbf) (Entered: 08/05/1996)

Aug. 1, 1996

Aug. 1, 1996

54

Eighteenth STATUS REPORT by plaintiff USA regarding defendants' compliance with court's orders; attachment a; attachment b; attachment c; attachment d (wnn) (Entered: 08/30/1996)

Aug. 30, 1996

Aug. 30, 1996

55

Ninteenth STATUS REPORT regarding defts' complaince with court's orders; attachment a; attachment b; attachment c; attachment d − plaintiff USA (tbf) (Entered: 10/03/1996)

Oct. 1, 1996

Oct. 1, 1996

56

United States' Twentieth STATUS REPORT regarding defts' compliance with court's orders; attachment a (fe) (Entered: 11/04/1996)

Nov. 1, 1996

Nov. 1, 1996

57

Twenty First STATUS REPORT by plaintiff USA regarding defendants' compliance with court orders; attachment a; attachment b; attachment c (wnn) (Entered: 12/03/1996)

Dec. 2, 1996

Dec. 2, 1996

58

United States' Twenty−Second STATUS REPORT regarding defts' compliance with court's orders; attachment a − on behalf of pltf (fe) (Entered: 01/06/1997)

Jan. 2, 1997

Jan. 2, 1997

59

Twenty−Third STATUS REPORT by plaintiff USA regarding defendants' compliance with court's orders; attachment a (wnn) (Entered: 02/07/1997)

Feb. 4, 1997

Feb. 4, 1997

61

Twenty−Fifth STATUS REPORT regarding defendants' compliance with court's orders by plaintiff USA; attachment a (wnn) (Entered: 04/02/1997)

March 28, 1997

March 28, 1997

62

Twenty−Sixth STATUS REPORT by plaintiff USA regarding defts' compliance with court's orders; attachment a; attachment b; attachment c; attachment d (fe) (Entered: 05/06/1997)

May 5, 1997

May 5, 1997

63

Twenty Seventh STATUS REPORT by plaintiff USA regarding defendants' compliance with court's orders; attachment a; attachment b; attachment c (wnn) (Entered: 06/05/1997)

June 4, 1997

June 4, 1997

64

NOTIFICATION by plaintiff USA of name change of counsel − [Verlin Hughes' name changed to Verlin Hughes Deerinwater] (fe) (Entered: 07/09/1997)

July 1, 1997

July 1, 1997

65

TWENTY−EIGHTH STATUS REPORT by plaintiff USA regarding defendants' compliance with court's orders; attachment a; attachment b (fe) (Entered: 07/09/1997)

July 1, 1997

July 1, 1997

66

Twenty−Ninth STATUS REPORT regarding defts' compliance with court's orders; attachment a; attachment b; attachment c − by plaintiff USA (tbf) (Entered: 08/07/1997)

Aug. 4, 1997

Aug. 4, 1997

67

THIRTIETH STATUS REPORT by plaintiff USA regarding defts' compliance with court's orders; attachment a (fe) (Entered: 08/26/1997)

Aug. 22, 1997

Aug. 22, 1997

68

Thirty−First STATUS REPORT by plaintiff USA regarding defts' compliance with court's orders; attachment a; attachment b (fe) (Entered: 10/06/1997)

Oct. 1, 1997

Oct. 1, 1997

69

SUPPLEMENT by plaintiff USA to 31st status report regarding defts' compliance with court's order [68−1]; attachment a; attachment b (fe) (Entered: 10/21/1997)

Oct. 17, 1997

Oct. 17, 1997

70

Joint MOTION for status conference − referred to Judge David A. Ezra − on behalf of USA (fe) (Entered: 10/29/1997)

Oct. 28, 1997

Oct. 28, 1997

71

EO : status conference set for 3:00 11/18/97 before Judge David A. Ezra ( Ct Rptr : ) JUDGE Judge David A. Ezra (fe) (Entered: 10/29/1997)

Oct. 28, 1997

Oct. 28, 1997

72

Thirty−second STATUS REPORT by plaintiff USA regarding deft' compliance with court's orders; attachment a (fe) (Entered: 11/05/1997)

Nov. 3, 1997

Nov. 3, 1997

73

EP : Status conference on the consent decree held 11/18/97 before Judge David A. Ezra ; an updated report was presented to the court by pltf's counsel as to the compliance or non−compliance by the State of Hawai'i to the consent decree the parties were ordered by the court to do the following: 1) the parties are to meet again to discuss and resolve the areas of non compliance as outlined by pltf; 2) submit another status report by 12/15/97( Ct Rptr : Debra Chun) JUDGE Judge David A. Ezra (wnn) Modified on 11/24/1997 (Entered: 11/24/1997)

Nov. 18, 1997

Nov. 18, 1997

74

Thirty−Third STATUS REPORT regarding defts' compliance with court's orders; attachment a; attachment b − by plaintiff USA (tbf) (Entered: 12/04/1997)

Dec. 3, 1997

Dec. 3, 1997

75

STATEMENT by defendant State of Hawaii re: joint status report pursuant to 11/18/97 order [parties intend to complete their discussions by the end of this week; hope plan to be submitted to the court by that time] (wnn) (Entered: 12/15/1997)

Dec. 15, 1997

Dec. 15, 1997

77

STATUS REPORT regarding defts' compliance with court's orders; attachment a − by plaintiff USA (tbf) (Entered: 02/03/1998)

Feb. 2, 1998

Feb. 2, 1998

78

EX PARTE MOTION to shorten time; declaration of Michael Chun; Order − as to pltf's m/appt of an independent expert, etc − set for 2/13/98 @ 9:00 a.m. DAE − by Judge David A. Ezra by plaintiff (tbf) (Entered: 02/11/1998)

Feb. 11, 1998

Feb. 11, 1998

79

NOTICE OF MOTION and motion by plaintiff for the appointment of an independent expert to assist with and monitor compliance in the child and adolescent mental health programs ; memorandum in support; attachments 1−8; certificate of service − set for 9:00 2/13/98 before Judge David A. Ezra (tbf) (Entered: 02/11/1998)

Feb. 11, 1998

Feb. 11, 1998

80

MEMORANDUM by defendant in opposition to motion for the appointment of an independent expert to assist with and monitor compliance in the child and adolescent mental health programs [79−1]; declaration of counsel; exhibit "a"; declaration of Howard R. Weiner, Ph.d.; exhibits "a"−"b"; declaration of Carol Matsuoka; exhibit "a"; certificate of service (tbf) (Entered: 02/13/1998)

Feb. 12, 1998

Feb. 12, 1998

81

STIPULATION and ORDER; attachments a − e − re non compliance of the court's orders − by Judge David A. Ezra : on behalf of USA (tbf) (Entered: 02/17/1998)

Feb. 13, 1998

Feb. 13, 1998

82

ORDER by Judge David A. Ezra denying the United States' motion for the appointment of an independent expert to assist with and monitor compliance in the child and adolescent mental health programs [79−1] − denied without prejudice (cc: all counsel) (tbf) (Entered: 02/17/1998)

Feb. 13, 1998

Feb. 13, 1998

83

EP :denying motion for the appointment of an independent expert to assist with and monitor compliance in the child and adolescent mental health programs [79−1] ( Ct Rptr : Yukie Ichikawa) JUDGE Judge David A. Ezra (tbf) (Entered: 02/17/1998)

Feb. 13, 1998

Feb. 13, 1998

84

DECLARATION by defendant of Ann V. Andreas; exhibit "a"; certificate of service (tbf) Modified on 02/27/1998 (Entered: 02/27/1998)

Feb. 26, 1998

Feb. 26, 1998

85

Thirty−Sixth STATUS REPORT by plaintiff United States regarding defts' compliance with court's orders; attachment a (fe) (Entered: 03/06/1998)

March 5, 1998

March 5, 1998

86

Thirty−Seventh STATUS REPORT by plaintiff USA regarding defts' compliance with court's orders; attachment a; attachment b (fe) (Entered: 04/02/1998)

April 1, 1998

April 1, 1998

87

Thirty−eighth STATUS REPORT by plaintiff USA regarding defts' compliance with court's orders; attachment a; attachment b; attachment c; attachment d (fe) (Entered: 05/04/1998)

May 4, 1998

May 4, 1998

88

Thirty−Ninth STATUS REPORT by plaintiff USA regarding defts' compliance with court's orders; attachment a; attachment b (fe) (Entered: 06/02/1998)

June 1, 1998

June 1, 1998

89

Thirty−Ninth STATUS REPORT re defts' compliance with court's orders; attachment a; attachment b − by plaintiff USA (tbf) (Entered: 06/19/1998)

June 17, 1998

June 17, 1998

90

Fourtieth STATUS REPORT regarding defendants' compliance with court's orders by plaintiff USA; attachment a; attachment b (wnn) (Entered: 07/01/1998)

July 1, 1998

July 1, 1998

92

42nd STATUS REPORT re defts' compliance with court's orders; attachment a; attachment b − by plaintiff (tbf) (Entered: 09/01/1998)

Aug. 31, 1998

Aug. 31, 1998

93

Forty−Third STATUS report regarding defts' compliance with court's orders; attachment a; attachment b; attachment c; attachment d − by plaintiff (tbf) (Entered: 10/02/1998)

Oct. 1, 1998

Oct. 1, 1998

TRANSCRIPT of proceedings for the following date(s): 9/16/91 − original − Terrence Chun (Re: ) (tbf) (Entered: 10/05/1998)

Oct. 5, 1998

Oct. 5, 1998

94

Forty−Fourth STATUS REPORT by plaintiff USA regarding defendant's compliance with court's orders; attachment a; attachment b (sealed) (Entered: 11/03/1998)

Nov. 3, 1998

Nov. 3, 1998

95

Motion to Enter STIPULATION and ORDER regarding children and adolescent residential services − by Judge David A. Ezra − on behalf of pltf (fe) (Entered: 11/30/1998)

Nov. 19, 1998

Nov. 19, 1998

96

Forty−Fifth STATUS REPORT by plaintiff USA regarding defts' compliance with court's orders; attachment a; attachment b (fe) (Entered: 12/09/1998)

Nov. 30, 1998

Nov. 30, 1998

97

JOINT MOTION for status conference − referred to Judge David A. Ezra − on behalf of pltf &defts (fe) (Entered: 12/09/1998)

Dec. 2, 1998

Dec. 2, 1998

98

ORDER granting joint motion for status conference [97−1] − [ status conference set for 9:00 2/1/99 before Judge David A. Ezra ] − by Judge David A. Ezra (cc: all counsel) (fe) (Entered: 12/09/1998)

Dec. 3, 1998

Dec. 3, 1998

TRANSCRIPT of proceedings for the following date(s): 2/13/98 − original − Yukie Ichikawa (Re: ) (lyc) (Entered: 12/28/1998)

Dec. 23, 1998

Dec. 23, 1998

TRANSCRIPT of proceedings for the following date(s): 1/19/94 − original − Yukie Ichikawa (Re: ) (lyc) (Entered: 12/28/1998)

Dec. 23, 1998

Dec. 23, 1998

99

Forty−Sixth STATUS REPORT by plaintiff USA regarding defendants' compliance with court's orders; attachment a; attachment b; attachment c; attachment d; attachment e (wnn) (Entered: 12/30/1998)

Dec. 29, 1998

Dec. 29, 1998

100

EP : status conference held 2/1/99 ; oral report and recommendations made by the Verlin Derinwater for the government; the state of HI was mandated by the court to do the following: 1. the state of HI will assemble a compliance team of 5 members; the Dept of Health will appoint 3 members and the Dept of Justice will select the remaining two members; the goal of the team is to study, identify and seek a solution to each outstanding issues in compliance with federal law; the study will be completed and submitted to the court by 6/1/99; 2. pursuant to findings and recommendations of the compliance team, the state of HI will set in place programs to rectify these problems by 6/15/99; 3. if the state of HI fails or does not materially comply with the findings of the compliance team, the court will appoint a special master to run the Dept of Health pursuant to federal law; 4. the state of HI is ordered to submit to the court for public review the members of the compliance team by 3/15/99; further status conference set for 9:00 12/20/99 before Judge David A. Ezra ( Ct Rptr : Lisa Groulx) JUDGE Judge David A. Ezra (tbf) (Entered: 02/03/1999)

Feb. 1, 1999

Feb. 1, 1999

101

MOTION by plaintiff USA to enter order establishing compliance committee, reporting schedule, and setting status conference −

Feb. 17, 1999

Feb. 17, 1999

103

ORDER by Judge David A. Ezra establishing compliance committee, reporting schedule, and setting status conference − status conference set for 9:00 12/20/99 before Judge David A. Ezra (cc: all counsel) (tbf) (Entered: 03/19/1999)

March 18, 1999

March 18, 1999

104

Joint MOTION for extension of time for filing status report ; ORDER granting extension − [parties shall have until 07/02/99 to file status rpt] − by Judge David A. Ezra (fe) (Entered: 06/15/1999)

June 10, 1999

June 10, 1999

105

STATUS REPORT; exhibits 1 and 2 − by plaintiff USA (lmg) (Entered: 07/06/1999)

July 2, 1999

July 2, 1999

106

Defendant's STATUS Conference REPORT by defendant State of Hawaii; Appendices 1 and 2; Certificate of Service (3 Volumes) (gab) (Entered: 12/15/1999)

Dec. 15, 1999

Dec. 15, 1999

107

STATUS REPORT of the United States; attachements (sic) a−d − by plaintiff (lmg) (Entered: 12/23/1999)

Dec. 20, 1999

Dec. 20, 1999

108

EP : Status Report held; plaintiff's summary of findings of the State Hospital's compliance to the consent decree and defendant's response were presented to the court; pursuant to the reports submitted, the court orders the appointment of a special court monitor to oversee the operations of the Adult State Facility; in the event the defendant does not comply with the conditions of the consent decree within six months, the court will appoint a special master; the defendant have 10 days in which to file their response as to the duties of the special court monitor ( Ct Rptr : T.C.) JUDGE Judge David A. Ezra (lmg) (Entered: 12/27/1999)

Dec. 20, 1999

Dec. 20, 1999

109

RESPONSE by defendant to status report of the United States concerning powers of monitor; certificate of service [107−1], to [105−1] (tbf) (Entered: 01/04/2000)

Dec. 30, 1999

Dec. 30, 1999

PARTIAL TRANSCRIPT filed ( Ct Rptr Terrence Chun) taken on 12/20/99 (fe) (Entered: 01/05/2000)

Jan. 5, 2000

Jan. 5, 2000

110

ORDER Setting powers of special monitor − by Judge David A. Ezra − [court appointed a special mointor to be in place within 30 days of December 20, 1999] (cc: all counsel) (lmg) (Entered: 01/10/2000)

Jan. 7, 2000

Jan. 7, 2000

111

MOTION by defendant Naleen N. Andrade, defendant Henry Foley, defendant John Lewin, defendant John Waihee, defendant State of Hawaii for reconsideration, or amendment of order setting powers of special monitor ; memorandum in support of motion for reconsideration, or amendment of powers of special monitor; certificate of service − reffered to Judge David A. Ezra (eps) (Entered: 01/21/2000)

Jan. 18, 2000

Jan. 18, 2000

112

MOTION by plaintiff USA to appoint Leland K.W. Chang as special monitor ; attachment a; attachment b; proposed order; certificate of service − referred to Judge David A. Ezra (eps) (Entered: 01/21/2000)

Jan. 18, 2000

Jan. 18, 2000

113

Defendants' OPPOSITION to nomination of Leland K.W. Chang as special monitor [112−1]; declaration of Linda C. Fox; exhibits "a" and "b"; certificate of service (lmg) (Entered: 01/24/2000)

Jan. 20, 2000

Jan. 20, 2000

114

ORDER by Judge David Alan Ezra appointing Leland Chang as special monitor − [all duties, authorities, responsibilities and compensation as set forth in this court's order setting powers of special monitor filed 01/07/00] [112−1] (cc: all counsel) (lmg)

Jan. 31, 2000

Jan. 31, 2000

Case Details

State / Territory: Hawaii

Case Type(s):

Mental Health (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 3, 1991

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States 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 Hawaii, State

Hawaii Department of Health, State

Hawaii State Hospital (Honolulu), State

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

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: 1991 - 2006

Issues

General:

Confinement/isolation

Food service / nutrition / hydration

Reassessment and care planning

Record-keeping

Restraints : physical

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Disability:

Least restrictive environment

Medical/Mental Health:

Medication, administration of

Mental health care, general

Type of Facility:

Government-run