Case: United States v. Virginia

1:97-cv-00897 | U.S. District Court for the Eastern District of Virginia

Filed Date: June 10, 1997

Clearinghouse coding complete

Case Summary

On July 1, 1994, the Department of Justice (DOJ) sent a letter to the Governor of Virginia under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997, indicating an intention to investigate conditions at the Northern Virginia Mental Health Institute (NVMHI) in Falls Church, Virginia. In the letter, the government indicated an intention to investigate conditions at the facility including the adequacy of medical care, psychiatric care, staffing, and the use of physical and…

On July 1, 1994, the Department of Justice (DOJ) sent a letter to the Governor of Virginia under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997, indicating an intention to investigate conditions at the Northern Virginia Mental Health Institute (NVMHI) in Falls Church, Virginia. In the letter, the government indicated an intention to investigate conditions at the facility including the adequacy of medical care, psychiatric care, staffing, and the use of physical and chemical restraints.

Shortly after a document request on August 19, 1994, with which staff at NVMHI did comply, attorneys for Virginia informed DOJ they had decided not to grant access to the facility. At a meeting on January 31, 1995, representatives from Virginia again denied the DOJ access to NVMHI. And at a follow-up meeting on February 14, 1995, they refused to grant DOJ access to the facility for a third time. In a March 17, 1995, letter, the representatives from Virginia informed DOJ access might be granted by the end of the year provided it accepted numerous demands, including accepting Virginia's views regarding other unresolved investigations.

On April 20, 1995, DOJ sent a findings letter to the Governor. In the findings letter, the government outlined Virginia's unacceptable refusal to cooperate and facts indicating that conditions at the facility deprived NVMHI patients of their constitutional rights and violated the American with Disabilities Act (ADA), 42 U.S.C. § 12101, Rehabilitation Act of 1973, 29 U.S.C. § 794, the Social Security Act, 42 U.S.C. § 1395i, and various implementing regulations for those statutes. Specifically, DOJ found inadequate mental health care, inadequate staffing, inadequate medical care and dangerous medication practices, failure to protect patients from harm, inadequate physical conditions. DOJ further outlined minimum remedial measures required to bring NVMHI into compliance with constitutional and statutory requirements.

Apparently, in June 1995, just before a meeting between the United States Attorney General and the Attorney General of Virginia, Virginia submitted a Continuous Improvement Plan and finally agreed to allow DOJ to inspect the facility. That inspection took place on July 25-27, 1995.

On April 3, 1996, DOJ sent a supplemental findings letter to the Governor. In the letter, DOJ outlined continued violations at NVMHI respecting (a) inadequate mental health care, discharge planning, and community services, (b) deficient staffing and staff supervision, (c) inadequate medical care and medication practices, (d) inadequate protection from harm, (e) inappropriate use of restraints and seclusion, (f) unsafe physical conditions, and (g) inadequate quality assurance and recordkeeping. As in the April 20, 1995, letter, DOJ again outlined minimum remedial measures required to bring NVMHI into compliance with constitutional and statutory requirements.

We have no more information on this file and thus do not know what measures, if any, NVMHI took to address the issues.

Summary Authors

Josh Altman (7/3/2006)

People


Judge(s)

Brinkema, Leonie M. (Virginia)

Attorneys(s) for Plaintiff

Cheng, Christopher N. (District of Columbia)

Deutsch, David (District of Columbia)

Fahey, Helen F. (Virginia)

Frohboese, Robinsue (District of Columbia)

Gilmore, James S. III (Virginia)

Parker, Richard (Virginia)

Patrick, Deval L. (District of Columbia)

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

Pinzler, Isabelle Katz (District of Columbia)

Judge(s)

Brinkema, Leonie M. (Virginia)

Attorneys(s) for Plaintiff

Cheng, Christopher N. (District of Columbia)

Deutsch, David (District of Columbia)

Fahey, Helen F. (Virginia)

Frohboese, Robinsue (District of Columbia)

Gilmore, James S. III (Virginia)

Parker, Richard (Virginia)

Patrick, Deval L. (District of Columbia)

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

Pinzler, Isabelle Katz (District of Columbia)

Reno, Janet (District of Columbia)

Rosenbaum, Stephen A. (California)

Attorneys(s) for Defendant

Hickey, Jane D. (Virginia)

Documents in the Clearinghouse

Document

1:97-cv-00897

Docket [PACER]

USA v. Commonwealth of Virginia

July 3, 2001

July 3, 2001

Docket

Notice Letter re: CRIPA Investigation of the Northern Virginia Mental Health Institute, Falls Church, VA

CRIPA Investigation

No Court

July 1, 1994

July 1, 1994

Notice Letter

Memorandum re: Virginia Facilities

CRIPA Investigation

No Court

Feb. 5, 1995

Feb. 5, 1995

Other

Findings Letter re: CRIPA Investigation of the Northern Virginia Mental Health Institute, Falls Church, VA

CRIPA Investigation

No Court

April 20, 1995

April 20, 1995

Findings Letter/Report

Memorandum re: Issuance of Suppl. Findings Letter regarding Northern Virginia Mental Health Institute, Falls Church, VA

CRIPA Investigation

No Court

Dec. 15, 1995

Dec. 15, 1995

Other

Supplemental Findings Letter re: Northern Virginia Mental Health Institute, Falls Church, VA

CRIPA Investigation

No Court

April 3, 1996

April 3, 1996

Findings Letter/Report
1

1:97-cv-00897

Complaint

USA v. Commonwealth of Virginia

June 10, 1997

June 10, 1997

Complaint

Resources

Docket

Last updated Aug. 10, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (psid) Modified on 06/12/1997 (Entered: 06/12/1997)

June 10, 1997

June 10, 1997

2

SETTLEMENT AGREEMENT filed by plaintiff USA, defendant Commonwealth of VA (with 1 black binder of exhibits) (psid) Modified on 06/12/1997 (Entered: 06/12/1997)

June 10, 1997

June 10, 1997

3

JOINT MOTION by Commonwealth of VA, USA to Dismiss pursuant to Rule 41(a)(2) (psid) (Entered: 06/12/1997)

June 10, 1997

June 10, 1997

4

ORDER granting [3−1] motion by Commonwealth of VA, USA to Dismiss pursuant to Rule 41(a)(2) and this civil action is dismissed without prejudice ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (psid) (Entered: 06/12/1997)

June 10, 1997

June 10, 1997

CASE assigned to Judge Leonie M. Brinkema (psid) (Entered: 06/12/1997)

June 10, 1997

June 10, 1997

5

MODIFICATION OF SETTLEMENT AGREEMENT filed by plaintiff USA, defendant Commonwealth of VA (klau) (Entered: 01/05/1999)

Dec. 22, 1998

Dec. 22, 1998

6

Modification of Settlement Agreement by USA, Commonwealth of VA (clerk) (Entered: 06/01/2000)

June 1, 2000

June 1, 2000

7

NOTICE by USA for Certification Tour of the Northern Virginia Mental Health Institute (clerk) (Entered: 12/29/2000)

Dec. 29, 2000

Dec. 29, 2000

8

JOINT MOTION by Commonwealth of VA, USA to Dismiss pursuant to Fed. R. Civ. P.41(a)(1)(ii) and Paragraph III.1.b. of the Settlement Agreement (ppal) (Entered: 07/03/2001)

July 3, 2001

July 3, 2001

9

ORDER granting [8−1] joint motion Commonwealth of VA, USA to Dismiss in accordance with Rule 41(a)(2) of the FRCP with prejudice (see order for details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: Yes [EOD Date: 7/5/01] (kjon) (Entered: 07/05/2001)

July 3, 2001

July 3, 2001

Case Details

State / Territory: Virginia

Case Type(s):

Mental Health (Facility)

Key Dates

Filing Date: June 10, 1997

Case Ongoing: No reason to think so

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

Northern Virginia Mental Health Institute (Falls Church), State

Case Details

Causes of Action:

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

Special Case Type(s):

Out-of-court

Availably Documents:

None of the above

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Unknown

Issues

General:

Restraints : chemical

Restraints : physical

Staff (number, training, qualifications, wages)

Medical/Mental Health:

Medical care, general

Mental health care, general