Case: U.S. v. Tennessee

2:96-cv-02312 | U.S. District Court for the Western District of Tennessee

Filed Date: March 15, 1996

Clearinghouse coding complete

Case Summary

On March 15, 1996, the United States filed a lawsuit under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997, against the State of Tennessee, the Tennessee Department of Mental Health and Mental Retardation (DMH/MR) and the Memphis Mental Health Institute (MMHI), in the U.S. District Court for the Western District of Tennessee, Memphis Division. The government asked the court for injunctive relief, alleging that the defendants were depriving patients of MMHI of consti…

On March 15, 1996, the United States filed a lawsuit under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997, against the State of Tennessee, the Tennessee Department of Mental Health and Mental Retardation (DMH/MR) and the Memphis Mental Health Institute (MMHI), in the U.S. District Court for the Western District of Tennessee, Memphis Division. The government asked the court for injunctive relief, alleging that the defendants were depriving patients of MMHI of constitutional rights, privileges and immunities. Specifically, the plaintiff contended that the defendants failed to provide adequate medical care, failed to provide individualized psychiatric care and treatment, and failed to provide adequate trained direct care and professional staff.

The CRIPA investigation began in 1990. On November 2, 1990, the Department of Justice (DOJ) began sending internal memoranda recommending a CRIPA investigation of conditions at MMHI. The preliminary findings indicated that conditions there included inadequate psychiatric care and treatment, inadequate supervision and neglect caused by an inadequate number of professional and direct care staff, as well as general medical care deficiencies, including overuse and misuse of medication and an unsafe and unsanitary environment. On December 12, 1990, the DOJ sent the Governor of Tennessee a letter indicating an intention to investigate. And, on April 4, 1991, the DOJ sent another letter to the Governor presenting interim findings. In that letter, the DOJ indicated it found MMHI did not have a sufficient number of psychiatrists, nurses, or psychiatric technicians, and that DMH/MR planned to cut additional staff positions at MMHI. On February 6, 1992, the DOJ sent another letter to the Governor presenting its findings. In that letter, the DOJ indicated it found that MMHI failed to provide patients with adequate general and emergency medical care, had inadequate psychiatric care and medication practices, and employed improper and excessive use of physical restraints. Further, in its findings letter, DOJ demanded implementation of certain remedial measures.

Apparently, the parties began negotiating a settlement before the CRIPA lawsuit was filed. On March 15, 1996, the same day as the complaint was filed, the parties submitted a joint motion for entry of a consent decree. Under the settlement agreement the defendants agreed to implement all policies, systems, procedures and rules currently in place, to provide quarterly status reports, provide the government access to the facilities, records, patients, and employees of MMHI, and to confer in good faith on the provisions of the consent decree. Further, the consent decree contained provisions detailing staffing requirements, patient treatment and discharge plans, and non-psychiatric medical care.

On March 27, 1996, the District Court (Judge Julia S. Gibbons) approved the consent decree, and retained jurisdiction of the action until the consent decree was terminated with respect to all requirements. And, on May 21, 1997, the Court entered judgment in accordance with the consent decree and terminated the case, retaining jurisdiction for necessary enforcement of the decree. And, on September 18, 1998, the District Court (Judge Gibbons) granted the parties' joint motion for a stipulation and order, effectuating the consent decree.

On June 21, 2005, the District Court (Judge Bernice B. Donald) granted the parties' joint motion for an order partially terminating the consent decree and approved the parties' stipulation for supplemental relief.

We have no more information on this file.

Summary Authors

Josh Altman (6/30/2006)

Megan Richardson (7/23/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4647021/parties/united-states-v-tennessee-state-of/


Judge(s)

Donald, Bernice Bouie (Tennessee)

Gibbons, Julia Smith (Tennessee)

Attorneys(s) for Plaintiff

Bryant, Edward G. (Tennessee)

Dunne, John R. (District of Columbia)

Frohboese, Robinsue (District of Columbia)

Hughes, Verlin (District of Columbia)

Lee, Bill Lann (California)

Maddox, William G. (District of Columbia)

Patrick, Deval L. (District of Columbia)

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

Judge(s)

Donald, Bernice Bouie (Tennessee)

Gibbons, Julia Smith (Tennessee)

Attorneys(s) for Plaintiff

Bryant, Edward G. (Tennessee)

Dunne, John R. (District of Columbia)

Frohboese, Robinsue (District of Columbia)

Hughes, Verlin (District of Columbia)

Lee, Bill Lann (California)

Maddox, William G. (District of Columbia)

Patrick, Deval L. (District of Columbia)

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

Reno, Janet (District of Columbia)

Smith, Louisa A. (District of Columbia)

Attorneys(s) for Defendant

Burson, Charles W. (Tennessee)

Coleman–Davis, Veronica F. (New York)

Franklin, Mary Beth (Tennessee)

Hayden-Wood, Pamela A. (Tennessee)

Heltin-Hann, Jennifer (Tennessee)

Maloy, Kathleen A. (Tennessee)

Documents in the Clearinghouse

Document

2:96-cv-02312

Docket [PACER]

Aug. 18, 2005

Aug. 18, 2005

Docket

2:96-cv-02312

Memorandum: Recommendation to Investigate Memphis Mental Health Institute, Memphis, Tennessee

Nov. 2, 1990

Nov. 2, 1990

Justification Memo

2:96-cv-02312

Interim Findings Letter re: CRIPA Investigation of Memphis Mental Health Institute, Memphis, Tennessee

April 4, 1991

April 4, 1991

Findings Letter/Report

2:96-cv-02312

Findings Letter re: CRIPA Investigation of Memphis Mental Health Institute, Memphis, Tennessee

No Court

Feb. 6, 1992

Feb. 6, 1992

Findings Letter/Report

1687233

Correspondence re: Memphis Mental Health Institute, Memphis, Tennessee

Nov. 17, 1994

Nov. 17, 1994

Correspondence
1

2:96-cv-02312

Complaint

March 15, 1996

March 15, 1996

Complaint
2

2:96-cv-02312

Joint Motion for Entry of Consent Decree

March 15, 1996

March 15, 1996

Pleading / Motion / Brief
6

2:96-cv-02312

Judgment

United States v. Tennessee

May 21, 1997

May 21, 1997

Order/Opinion
8

2:96-cv-02312

Stipulation and Order

United States v. Tennessee

Sept. 18, 1998

Sept. 18, 1998

Order/Opinion
10

2:96-cv-02312

Order

United States v. Tennessee

June 21, 2005

June 21, 2005

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4647021/united-states-v-tennessee-state-of/

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

ECF Number Description Date Link Date / Link
1

COMPLAINT; pursuant to 28 USC 1345; (BAG) (Entered: 03/15/1996)

March 15, 1996

March 15, 1996

2

JOINT MOTION FOR ENTRY OF CONSENT DECREE by USA, Tennessee, State of for entry of consent decree (BAG) (Entered: 03/15/1996)

March 15, 1996

March 15, 1996

3

SETTING LETTER: Phone conference reset for 3/27/96 at 9:30, before Judge Gibbons; (BAG) (Entered: 03/21/1996)

March 19, 1996

March 19, 1996

4

CONSENT DECREE by Chief Judge Julia S. Gibbons : granting motion for entry of consent decree [2-1]; The court shall retain jurisdiction of this action for all purposes until such time as the Consent Decree is terminated with respect to all requirements. (cc: all counsel) (BAG) (Entered: 03/27/1996)

March 27, 1996

March 27, 1996

5

MINUTES: telephone conference held 3/27/96, Judge Julia Gibbons presiding. The court approved the Consent Decree. Pla Atty: Verlin Hughes Dft Atty: Kathleen Maloy C/R: Joe Moore (TMN) (Entered: 03/29/1996)

March 27, 1996

March 27, 1996

6

JUDGMENT: by Chief Judge Julia S. Gibbons ...judgment is entered in accordance w/Consent Decree entered 3/27/96. The Court retains jurisdiction of this action to enforce the provisions of the Consent Decree if necessary. terminating case (cc: all counsel) (EHG) (Entered: 05/21/1997)

May 21, 1997

May 21, 1997

7

JOINT MOTION by plaintiff, defendants for entry of stipulation and order (EHG) (Entered: 09/17/1998)

Sept. 11, 1998

Sept. 11, 1998

8

STIPULATION and ORDER by Chief Judge Julia S. Gibbons: granting motion for entry of stipulation and order [7-1] to effectuate the Consent Decree entered in this case. (cc: all counsel) (SSH) (Entered: 09/21/1998)

Sept. 18, 1998

Sept. 18, 1998

9

JOINT MOTION FOR PARTIAL TERMINATION OF COURT ORDERS AND ENTRY OF STIPULATION FOR SUPPLEMENTAL RELIEF by United States of America, State of Tennessee, Mental Health Tennessee Department of Mental Health & Mental Retardation;. (ldc, ) (Entered: 06/13/2005)

June 8, 2005

June 8, 2005

11

JOINT MOTION to Dismiss by United States of America, State of Tennessee, Don Sundquist, Mental Health Tennessee Department of Mental Health & Mental Retardation;, Marjorie Nelle Cardwell, Elizabeth A. Banks. (jae, ) (Entered: 08/19/2005)

Aug. 18, 2005

Aug. 18, 2005

10

ORDER GRANTING JOINT MOTION FOR PARTIAL TERMINATION OF COURT ORDERS AND ENTRY OF STIPULATION FOR SUPPLEMENTAL RELIEF. Court granted motion 9 and stated Order is binding on all State of Tennessee agencies and/or departments that may have an effet on the operations of MMHI, and on all defendants, and their successors and/or agents. Signed by Judge Bernice B. Donald. (jae, )

June 21, 2005

June 21, 2005

RECAP

Case Details

State / Territory: Tennessee

Case Type(s):

Mental Health (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 15, 1996

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Tennessee Dept of Mental Health & Mental Retardation, State

Memphis Mental Health Institute (Memphis), 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)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1996 - 2005

Issues

General:

Individualized planning

Staff (number, training, qualifications, wages)

Medical/Mental Health:

Medical care, general

Medication, administration of

Mental health care, general

Type of Facility:

Government-run