Case: U.S. v. Virginia

1:96-cv-00284 | U.S. District Court for the Eastern District of Virginia

Filed Date: March 4, 1996

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On September 30, 1992, the United States Department of Justice initiated an investigation of Eastern State Hospital, a psychiatric hospital in Williamsburg, Virginia, pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997. In May 1993, the Department of Justice toured and inspected the facilities, which included the Hancock Geriatric Center. The Department of Justice found that EHS failed to provide adequate psychiatric treatment to patients as required under …

On September 30, 1992, the United States Department of Justice initiated an investigation of Eastern State Hospital, a psychiatric hospital in Williamsburg, Virginia, pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997. In May 1993, the Department of Justice toured and inspected the facilities, which included the Hancock Geriatric Center. The Department of Justice found that EHS failed to provide adequate psychiatric treatment to patients as required under the Fourteenth Amendment and notified the Governor of Virginia of these findings on May 6, 1994.

According to the Department of Justice, diagnostic methods at EHS did not reflect commonly accepted professional standards in that patients' symptoms, histories, and cognitive assessments were not used. As a result, many patients were misdiagnosed repeatedly during their institutionalization. Individualized planning suffered both from incorrect diagnoses and insufficient staff numbers and training. Understaffing also forced patients to live in more restrictive environments than necessary and fostered overuse of physical restraint. General medical care was inadequate and people with too little experience regularly made dosing decisions for patient care. Finally, the facility's fire prevention was substandard.

It appears that the Department of Justice was dissatisfied with Virginia's attempts to remedy the problems because, on February 8, 1995, the Department of Justice issued another findings letter, which detailed the statutory violations in addition to constitutional violations. Specifically, the Department of Justice charged that conditions at EHS violated the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq., § 504 of the Rehabilitation Act of 1973, 29 U.S.C. §§ 794 et seq., Title XVIII of the Social Security Act, 42 U.S.C. § 1395i et seq. (establishing the Health Insurance Program for the Aged and Disabled, or Medicare), and Virginia state law, Va. Code Ann. § 37.1 ñ 84.1 (Mitchie 1994). The Department of Justice solicited Virginia's cooperation in improving conditions at ESH.

On March 4, 1996, the United States filed a CRIPA lawsuit in the United States District Court for the Eastern District of Virginia on behalf of individuals institutionalized at ESH against the Commonwealth of Virginia, its Governor, and its Departments of Health and Human Resources and of Mental Health, Mental Retardation and Substance Abuse Services, and Eastern State Hospital. On May 10, 1996, the court (Judge Leonie M. Brinkema) denied the United States' request to consolidate this lawsuit with United States v. Commonwealth of Virginia, No. 96-283, ID-VA-002. On May 21, 1996, the court dismissed the action for improper venue. That judgment was stayed to encourage settlement.

On July 18, 1996, the parties filed a settlement agreement. On June 10, 1997, the parties modified the settlement. On March 25, 1999, the parties jointly asked the court to dismiss the lawsuit with prejudice based on defendants' substantial implementation of the plan agreed to in the settlement agreement; the court agreed to that dismissal. The Justice Department seems to have held the case as open until October 4, 2001.

Summary Authors

Elizabeth Chilcoat (6/29/2006)

Related Cases

U.S. v. Virginia, Eastern District of Virginia (1996)

People


Judge(s)

Brinkema, Leonie M. (Virginia)

Attorneys(s) for Plaintiff

Deutsch, David (District of Columbia)

Fahey, Helen F. (Virginia)

Frohboese, Robinsue (District of Columbia)

Lee, Bill Lann (District of Columbia)

Masling, Mark S. (District of Columbia)

Moossy, Robert J. (District of Columbia)

Parker, Richard (Virginia)

Patrick, Deval L. (District of Columbia)

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

Judge(s)

Brinkema, Leonie M. (Virginia)

Attorneys(s) for Plaintiff

Deutsch, David (District of Columbia)

Fahey, Helen F. (Virginia)

Frohboese, Robinsue (District of Columbia)

Lee, Bill Lann (District of Columbia)

Masling, Mark S. (District of Columbia)

Moossy, Robert J. (District of Columbia)

Parker, Richard (Virginia)

Patrick, Deval L. (District of Columbia)

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

Reno, Janet (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Attorneys(s) for Defendant

Bigley, Garland L. (Virginia)

Gilmore, James S. III (Virginia)

Hickey, Jane D. (Virginia)

Hurd, William H. (Virginia)

Taylor, Ashley L Jr (Virginia)

Documents in the Clearinghouse

Document

Docket

Oct. 25, 2005 Docket

Findings Letter re: Eastern State Hospital and Hancock Geriatric Center, Williamsburg

No Court

May 6, 1994 Findings Letter/Report

Correspondence

Feb. 5, 1995 Other

Findings Letter re: Eastern State Hospital and Hancock Geriatric Center, Williamsburg

No Court

Feb. 8, 1995 Findings Letter/Report
1

Complaint

March 5, 1996 Complaint
22

Settlement Agreement

United States v. Virginia

July 18, 1996 Settlement Agreement

Resources

Title Description External URL

The Caged Canary

Elizabeth Alexander

The United States has experienced an explosion in the number of people in prison, an explosion that cannot be attributed to changes in the crime rate, but rather reflects changes in public policy, pa… Dec. 1, 2008 http://scholarship.law.wm.edu/...

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT (clerk) (Entered: 03/05/1996)

March 4, 1996

NOTICE of Lawsuit and Waiver of Service forms given to attorney for service by mail as to defts (clerk) (Entered: 03/14/1996)

March 4, 1996
2

NOTICE of Attorney Appearance for United States of by Richard Parker (clerk) (Entered: 03/05/1996)

March 5, 1996
3

ORDER that the Summons and Complaint shall be deemed to have been served on all defts on 3/6/96 and defts shall have until 4/15/96 to respond to complaint-ent.& filed ( signed by Judge James C. Cacheris ) Copies Mailed: y (clerk) (Entered: 03/27/1996)

March 25, 1996
4

MOTION by defendants to Dismiss pursuant to Rule 12(b)(1) (Will Notice) (clerk) (Entered: 04/19/1996)

April 15, 1996
5

MEMORANDUM of Law by Commonwealth of VA, George Allen, Robert Metcalf, Timothy Kelly, Russell Perella, John M. Favret in support of [4-1] motion to Dismiss pursuant to Rule 12(b)(1) (clerk) (Entered: 04/19/1996)

April 15, 1996
6

MOTION by defendants to Dismiss for improper venue, or in the alternative, to transfer to Newport News Division (Will Notice) (clerk) (Entered: 04/19/1996)

April 15, 1996
7

MEMORANDUM by Commonwealth of VA, George Allen, Robert Metcalf, Timothy Kelly, Russell Perella, John M. Favret in support of [6- 1] motion to Dismiss for improper venue, or in the alternative, to transfer to Newport News Division (clerk) (Entered: 04/19/1996)

April 15, 1996
8

MOTION with Memorandum in Support by Commonwealth of VA, George Allen, Robert Metcalf, Timothy Kelly, Russell Perella, John M. Favret for More Definite Statement (clerk) (Entered: 04/19/1996)

April 15, 1996
9

MOTION by United States of to Consolidate Cases 96-283 and 96-284 (clerk) (Entered: 04/29/1996)

April 26, 1996
10

MEMORANDUM by United States of in support of [9-1] motion by United States of to Consolidate Cases 96-283 and 96-284 by United States of with exhibits (clerk) (Entered: 04/29/1996)

April 26, 1996
11

NOTICE of Hearing: Motion Hearing set for 10:00 5/10/96 for [9-1] motion by United States of to Consolidate Cases 96-283 and 96-284 (clerk) (Entered: 04/29/1996)

April 26, 1996
12

NOTICE of Hearing: Motion Hearing set for 10:00 5/10/96 for [8-1] motion for More Definite Statement, set for 10:00 5/10/96 for [6-1] motion by defendants to Dismiss for improper venue, or in the alternative, to transfer to Newport News Division, set for 10:00 5/10/96 for [4-1] motion by defendants to Dismiss pursuant to Rule 12(b)(1) (clerk) (Entered: 04/29/1996)

April 29, 1996
13

MEMORANDUM of Law by United States of in opposition to [4-1] motion by defendants to Dismiss pursuant to Rule 12(b)(1) (clerk) (Entered: 04/30/1996)

April 29, 1996
14

MEMORANDUM of Law by United States of in opposition to [6-1] motion by defendants to Dismiss for improper venue, or in the alternative, to transfer to Newport News Division by (clerk) (Entered: 04/30/1996)

April 29, 1996
15

MEMORANDUM of Law by United States of in opposition to [8-1] motion for More Definite Statement (clerk) (Entered: 04/30/1996)

April 29, 1996
16

SCHEDULING ORDER setting Discovery cutoff 8/30/96 ; Pretrial Conference for 10:30 9/19/96 ; ( signed by Judge Bryan ) Copies Mailed: yes (clerk) (Entered: 05/01/1996)

May 1, 1996
18

MEMORANDUM by Commonwealth of VA, George Allen, Robert Metcalf, Timothy Kelly, Russell Perella, John M. Favret in rebuttal to [14-1] opposition memorandum by United States of (clerk) (Entered: 05/14/1996)

May 7, 1996
19

REBUTTAL MEMORANDUM by Commonwealth of VA, George Allen, Robert Metcalf, Timothy Kelly, Russell Perella in support of [8-1] motion for More Definite Statement by defendants (clerk) (Entered: 05/14/1996)

May 7, 1996
20

REBUTTAL MEMORANDUM by Commonwealth of VA, George Allen, Robert Metcalf, Timothy Kelly, Russell Perella in support of [4-1] motion by defendants to Dismiss pursuant to Rule 12(b)(1) by defendants (clerk) (Entered: 05/14/1996)

May 7, 1996
17

MEMORANDUM by Commonwealth of VA, George Allen, Robert Metcalf, Timothy Kelly, Russell Perella, John M. Favret in opposition to [9-1] motion by United States of to Consolidate Cases 96-283 and 96-284 by United States of (clerk) (Entered: 05/09/1996)

May 9, 1996

Minute entry: Judge Brinkema. Reporter: McCoy; matter on for hrg. on defts.' motions; appearances: of counsel; pltf.(U.S.) motion to consolidate C/A's 96-283 and 284 - argued and denied; defts.' motion for more definite sattement; defts.' motion to dismiss for improper venue(or to transfer to N.N. Div.) - argued and ruling held in abeyance, U.S. has 10 days to get a proper cert. w/appropriate language; counsel to meet w/LMB in chambers on 5-15-96 @ 9:00 for settlement conf.; defts.' motion to dism. per FRCP 12(b)(1) - not ruled on (clerk) (Entered: 05/14/1996)

May 10, 1996
21

ORDER For the reasons stated in open court, pltf's motion to consolidate cases is denied. Deft's motion to dismiss for inproper venue is or in the alternative to transer to Newport News is granted. The transfer is stayed to allow for a consolidated settlement. Deft's motion to dismiss pursuant to rule 12(b)(1) is granted. Ordered that pltf file an amended certification within 10 days of the issuance of this order. This ruling is also stayed to allow for settlement efforts. Deft's motion for more definite statement is denied. Because of intense settlement efforts, all discovery is stayed. Entered and Filed[9-1] [8-1] [6-1] 4-1] signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk) (Entered: 05/28/1996)

May 21, 1996

CASE assigned to Judge Leonie M. Brinkema (clerk) (Entered: 07/19/1996)

July 18, 1996

Case closed (clerk) (Entered: 07/19/1996)

July 18, 1996
22

Settlement Agreement-filed by parties. (clerk) (Entered: 07/19/1996)

July 18, 1996
23

ORDER that in light of the Settlement Agreement, this action is dismissed without prejudice pursuant to Rule 41(a)(2)-ent.& filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: y (clerk) (Entered: 07/19/1996)

July 18, 1996
24

MODIFICATION of settlement agreement - filed by plaintiff United States of, defendant Commonwealth of VA (mcke) (Entered: 06/13/1997)

June 10, 1997
25

NOTICE for Certification Tour by Commonwealth of VA, George Allen, Robert Metcalf, Timothy Kelly, Russell Perella, John M. Favret (clar) (Entered: 06/29/1998)

June 29, 1998
26

JOINT MOTION by United States of, Commonwealth of VA, George Allen, Robert Metcalf, Timothy Kelly, Russell Perella, John M. Favret by defendant, plaintiff to Dismiss this action with prejudice (clerk) (Entered: 03/25/1999)

March 25, 1999
27

ORDER of DISMISSAL of the [26-1] joint motion by parties and based upon dfts' substantial implementation of the Plan as agreed in the Settlement Agreement between the parties, this Court, in accordance with Rule 41(a)(2) of FRCP, hereby dismisses this case with prejudice. - entered & filed. to Dismiss this action with prejudice ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk) (Entered: 03/30/1999)

March 25, 1999

Case closed (clerk) (Entered: 03/30/1999)

March 25, 1999

State / Territory: Virginia

Case Type(s):

Mental Health (Facility)

Key Dates

Filing Date: March 4, 1996

Closing Date: 1999

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

Virginia (Williamsburg), State

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Confinement/isolation

Fire safety

Individualized planning

Reassessment and care planning

Restraints : physical

Staff (number, training, qualifications, wages)

Crowding:

Crowding / caseload

Disability:

Least restrictive environment

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run