Case: Baldridge v. Clinton

4:83-cv-01004 | U.S. District Court for the Eastern District of Arkansas

Filed Date: Nov. 22, 1983

Closed Date: 1991

Clearinghouse coding complete

Case Summary

On November 22, 1983, a lawsuit was filed in the United States District Court for the Eastern District of Arkansas against the Governor of Arkansas, the Arkansas Department of Human Services (DHS), and its Division of Mental Health Services (MHS), Mental Health Board, Division of Developmental Disability Services (DDS), and Developmental Disability Service Board. On September 24,1984, the court certified the class, which it defined as all institutionalized persons in the custody of DHS now and…

On November 22, 1983, a lawsuit was filed in the United States District Court for the Eastern District of Arkansas against the Governor of Arkansas, the Arkansas Department of Human Services (DHS), and its Division of Mental Health Services (MHS), Mental Health Board, Division of Developmental Disability Services (DDS), and Developmental Disability Service Board. On September 24,1984, the court certified the class, which it defined as all institutionalized persons in the custody of DHS now and in the future. The plaintiffs, represented by Central Arkansas Legal Services, sought injunctive relief under 42 U.S.C. § 1983 alleging that the State had failed to properly treat and train institutionalized persons.

On January 17, 1985, the parties entered a consent decree. Under the part pertaining to developmental disability services, Arkansas agreed to have a psychologist (Dr. John Marr) evaluate and recommend changes to their disability services. The court approved the psychologist's comprehensive recommendations, submitted to the court on May 23, 1985, and ordered the State to retain the psychologist as a monitor and consultant for at least a year.

On July 1, 1986, only three of the psychologist's fourteen recommendations regarding developmental disability services had been satisfied. The plaintiffs asked the court to find the State in contempt of the consent decree. Before a ruling was announced, however, the parties entered into a second consent decree on March 12, 1987. Under the terms of the second consent decree, the State would solicit funds from the State legislature to (1) renovate and build new facilities, (2) hire psychologists, and (3) improve the wages of direct care workers.

The legislature denied the State's request for additional funds for disability services. On November 24, 1987, the United States District Court for the Eastern District of Arkansas (Judge Henry Woods) found that the State had satisfied the terms of the second consent decree by requesting the funds, but vacated the second consent decree. Baldridge v. Clinton, 674 F. Supp. 665 (E.D. Ark. 1987). The court reasoned that the second consent decree did not properly address compliance problems because it was developed without the input of the psychologist monitor, did not comport with the psychologist's recommendations, and implied that the State's duty to serve individuals with developmental disabilities was limited by funding. The court disagreed with this proposition, holding that a shortage of funds does not eliminate the State's duty to provide comprehensive and meaningful services for persons with developmental disabilities.

On February 4, 1991, the Advocates for Human Development Center Residents, an organization comprised of many of the people included in the class description, sought to intervene on behalf of the defendants. The court recognized the motion to intervene as evidence of a fissure in the interests of the class members and proposed decertifying the class on May 8, 1991. On September 13, 1991, the court formally decertified the class for three reasons. Baldridge v. Stockley, 139 F.R.D. 119 (D. Ark. 1991). First, common circumstances were not sufficient to unite the class in place of a common issue of law or fact, neither of which existed anymore. Second, the interests of the named plaintiffs, all living in the community by 1991, were no longer typical of institutionalized persons. Although the plaintiffs argued that one named plaintiff received respite care from an institution, the court held that institutional respite care did not constitute institutionalization. Third, the court expressed concerns about the strength of the plaintiffs' claims. Specifically, the court found that only one claim, challenging the constitutionality of restraints, was properly stated but that even it was not supported by evidence of the widespread misuse of restraints.

In dismissing the Complaint, the court noted that its judgment did not preclude individuals from pursuing their own claims of constitutional violations. We do not know, however, whether any of the individual class members filed their own lawsuits.

Summary Authors

Elizabeth Chilcoat (6/19/2006)

People


Judge(s)
Attorney for Plaintiff

Ferleger, David (Pennsylvania)

Friedlander, Roberta B. (Florida)

Attorney for Defendant

Demailly, Kay J. (Arkansas)

Jegley, Angela S. (Arkansas)

Expert/Monitor/Master/Other

Cain, James William Jr. (Arkansas)

show all people

Documents in the Clearinghouse

Document

4:83-cv-01004

Docket (PACER)

Sept. 13, 1991

Sept. 13, 1991

Docket

4:83-cv-01004

Memorandum and Order

Nov. 24, 1987

Nov. 24, 1987

Order/Opinion

674 F.Supp. 674

228

4:83-cv-01004

Order

Sept. 13, 1991

Sept. 13, 1991

Order/Opinion

139 F.R.D. 139

Docket

Last updated Feb. 15, 2024, 3:27 a.m.

ECF Number Description Date Link Date / Link
174

MOTION by plaintiffs for review of Human Development Centers by court monitor as court's expert (bsm) (Entered: 10/17/1989)

Oct. 17, 1989

Oct. 17, 1989

175

BRIEF by plaintiff in support of motion for review of Human Development Centers by court monitor as court's expert [174-1] (bsm) (Entered: 10/17/1989)

Oct. 17, 1989

Oct. 17, 1989

176

Response by defendants to motion for review of Human Development Centers by court monitor as court's expert [174-1] (bsm) Modified on 11/09/1992 (Entered: 03/08/1990)

March 7, 1990

March 7, 1990

178

Status report to the Court by defendants (bsm) Modified on 11/09/1992 (Entered: 12/31/1990)

Dec. 31, 1990

Dec. 31, 1990

179

MOTION by Advocates for Human Development Center Residents to intervene (bsm) Modified on 04/01/1991 (Entered: 02/05/1991)

Feb. 4, 1991

Feb. 4, 1991

180

BRIEF in support of motion to intervene [179-1] filed by Advocates for Human Development Residents (bsm) (Entered: 02/05/1991)

Feb. 4, 1991

Feb. 4, 1991

181

MOTION by defendants to substitute attorney Kay J. Demailly and Angela S. Jegley in place of Roberta B. Friedlander (maj) Modified on 11/09/1992 (Entered: 02/07/1991)

Feb. 6, 1991

Feb. 6, 1991

182

Status report to Court by plaintiffs (bsm) (Entered: 02/12/1991)

Feb. 11, 1991

Feb. 11, 1991

182

MOTION by plaintiffs for trial setting (bsm) (Entered: 02/12/1991)

Feb. 11, 1991

Feb. 11, 1991

183

Response by defendants to motion to intervene [179-1] (bsm) Modified on 11/09/1992 (Entered: 02/20/1991)

Feb. 19, 1991

Feb. 19, 1991

184

Response by plaintiffs to motion to intervene [179-1] (bsm) (Entered: 02/27/1991)

Feb. 25, 1991

Feb. 25, 1991

185

Supplemental response and affidavit by plaintiffs regarding motion to intervene by Parent Group [179-1] (bsm) (Entered: 03/07/1991)

March 6, 1991

March 6, 1991

186

MOTION by defendants for protective order (bsm) Modified on 11/09/1992 (Entered: 03/07/1991)

March 7, 1991

March 7, 1991

187

BRIEF by defendants in support of motion for protective order [186-1] (bsm) Modified on 11/09/1992 (Entered: 03/07/1991)

March 7, 1991

March 7, 1991

188

Amended MOTION by Advocates for Human Development Center Residents to intervene (bsm) Modified on 04/10/1991 (Entered: 03/11/1991)

March 11, 1991

March 11, 1991

189

Response by defendants to amended motion to intervene [188-1] (bsm) Modified on 11/09/1992 (Entered: 03/26/1991)

March 25, 1991

March 25, 1991

190

Response by plaintiffs to amended motion to intervene by Advocates for Human Development Center Residents, Inc. [188-1] exhibit attached (bsm) Modified on 03/28/1991 (Entered: 03/28/1991)

March 28, 1991

March 28, 1991

191

Supplemental brief in support of amended motion to intervene [188-1] (bsm) (Entered: 04/01/1991)

March 29, 1991

March 29, 1991

192

MOTION by defendants to extend time to respond pltfs' interrogatories (bsm) Modified on 11/09/1992 (Entered: 04/01/1991)

April 1, 1991

April 1, 1991

193

Amendment to amended motion to intervene filed by Adovcates for Human Deveoplment Center Residents (bsm) (Entered: 04/10/1991)

April 8, 1991

April 8, 1991

195

ORDER by Judge Henry Woods Order to show cause as to why class should not be decertified is scheduled for 9:30 7/18/91; due to age of this case, no continuance will be granted EOD 5/9/91 (cc: all counsel) (bsm) Modified on 05/29/1991 (Entered: 05/09/1991)

May 9, 1991

May 9, 1991

196

ORDER by Judge Henry Woods granting motions to extend time until 5/3/91 to respond to interrogatories [194-1] [192-1]; granting motion for protective order [186-1]; granting motion to substitute attorney Kay J. Demailly and Angela S. Jegley in place of Roberta B. Friedlander [181- 1]; granting motions to intervene filed by AHDCR [188-1] [179-] is granted for the purpose of the Show Cause Hearing set for 7/18/91; motions to intervene are deferred as a permanent part to this action until after the hearing; denying for review of Human Development Centers by court monitor as court's expert [174-1]; pltf's motion for trial setting is moot (cc: all counsel) (bsm) Modified on 07/17/1991 (Entered: 07/17/1991)

May 21, 1991

May 21, 1991

197

MOTION by defendants to reduce time for pltfs' response to interrogatories and request for production of documents (bsm) Modified on 11/09/1992 (Entered: 05/24/1991)

May 23, 1991

May 23, 1991

198

BRIEF by defendant in support of motion to reduce time for pltfs' response to interrogatories and request for production of documents [197- 1] (bsm) Modified on 11/09/1992 (Entered: 05/24/1991)

May 23, 1991

May 23, 1991

199

Notice by defendant of taking depo of Nancy A. Sullivan, Executive Director for the Association for Retarded Citizens, on 6/5/91 at 9:30 (bsm) Modified on 11/09/1992 (Entered: 05/30/1991)

May 28, 1991

May 28, 1991

200

PROTECTIVE ORDER by Judge Henry Woods: in response to pltfs' discovery defts have agreed to make available to pltfs responses to interrogatories and inspection of certain records maintained by the HDC relevant to the case; whatever is obtained or copied by or for the pltf's atty nor any one acting for their behalf shall in any manner, directly or indirectly, transfer or communicate information or data obtained which identifies the name of an HDC resident or of person accused as a perpetrator of abuse or neglect against an HDC resident to any other person other than an expert or other witness for purposes directly related to investigation or discovery or the trial of this action and that any such person to whom such communication is made is bound by the terms of this Order EOD 6/6/91 (cc: all counsel) (bsm) Modified on 06/24/1991 (Entered: 06/06/1991)

June 6, 1991

June 6, 1991

201

MOTION by intervenor-plaintiff Advocacy Services, I to intervene (bsm) (Entered: 06/13/1991)

June 12, 1991

June 12, 1991

202

BRIEF by intervenor-plaintiff Advocacy Services, I in support of motion to intervene [201-1] (bsm) (Entered: 06/13/1991)

June 12, 1991

June 12, 1991

203

Notice by defendants of taking depo of Sue A. Gant, Ph.D. on 6/26/91 at 9:00 a.m. (bsm) Modified on 11/09/1992 (Entered: 06/20/1991)

June 19, 1991

June 19, 1991

204

PROTECTIVE ORDER by Chief Judge G. T. Eisele: in response to pltfs' discovery defts have agreed to make available to intervenores responses to interrogatories and inspection of certain records maintained by the HDC relevant to the case; whatever is obtained or copied by or for the intervenors' atty nor any one acting for their behalf shall in any manner, directly or indirctly, transfer or communicate information or data obtained which identifies the name of an HDC resident or of a person accused as a perpetrator of abuse or neglect against an HDC resident to any other person other than an expert or other witness for purposes directly related to investigation or discovery or the trial of this action and that any such person to whom such communication is made is bound by the terms of this order EOD 6/24/91 (cc: all counsel) (bsm) (Entered: 06/24/1991)

June 24, 1991

June 24, 1991

205

Response by intervenor AHDCR to Advocacy Services Inc.'s motion to intervene [201-1] (bsm) (Entered: 06/24/1991)

June 24, 1991

June 24, 1991

206

BRIEF by intervenor AHDCR in support of response to motion for intervention [205-1] (bsm) (Entered: 06/24/1991)

June 24, 1991

June 24, 1991

207

MOTION by defendants to extend time to respond to Advocacy Services, Inc.'s motion for intervention (bsm) Modified on 11/09/1992 (Entered: 06/26/1991)

June 24, 1991

June 24, 1991

208

MOTION by defendants to extend time to respond to motion for intervention filed by Advocacy Services, Inc. (bsm) Modified on 11/09/1992 (Entered: 07/01/1991)

June 28, 1991

June 28, 1991

209

ORDER by Judge Henry Woods granting motion to extend time until 7/1/91 to respond to motion for intervention filed by Advocacy Services, Inc. [208-1] [201-1] EOD 7/1/91 (cc: all counsel) (bsm) (Entered: 07/01/1991)

July 1, 1991

July 1, 1991

210

Response by defendants to motion to intervene [201-1] (bsm) Modified on 11/09/1992 (Entered: 07/03/1991)

July 1, 1991

July 1, 1991

211

BRIEF by defendants in support of response to motion for intervention [210-1] (bsm) Modified on 11/09/1992 (Entered: 07/03/1991)

July 1, 1991

July 1, 1991

212

Response (brief in support) by plaintiffs to Advocacy Services, Inc. motion to intervene [201-1] (bsm) (Entered: 07/03/1991)

July 3, 1991

July 3, 1991

213

Notice by defendant of taking depo upon oral examination of Georgeann Hood at 9:00 a.m., Becky Johnson at 10:00 a.m., Cindy Alberding at 11:00 a.m., John Jones at 12:00 p.m. on 7/15/91 (bsm) Modified on 11/09/1992 (Entered: 07/11/1991)

July 9, 1991

July 9, 1991

214

MOTION by plaintiff to confine evidence at 7/18/91 hearing to class action issues (bsm) (Entered: 07/11/1991)

July 10, 1991

July 10, 1991

215

BRIEF in support of continuation of class certification FILED by plaintiffs (bsm) (Entered: 07/11/1991)

July 10, 1991

July 10, 1991

217

MOTION by plaintiffs to quash subpoena (bsm) (Entered: 07/11/1991)

July 11, 1991

July 11, 1991

218

MOTION by plaintiffs for protective order regarding 7/15/91 depositions (bsm) (Entered: 07/11/1991)

July 11, 1991

July 11, 1991

219

Response by defendants to motion for protective order regarding 7/15/91 depositions [218-1] (bsm) Modified on 11/09/1992 (Entered: 07/11/1991)

July 11, 1991

July 11, 1991

220

BRIEF by defendants in support of response to motion for protective order regarding 7/15/91 depositions [219-1] (bsm) Modified on 11/09/1992 (Entered: 07/11/1991)

July 11, 1991

July 11, 1991

221

Response by defendants Ray Scott and Ray Nelson to motion for protective order [218-1] (bsm) Modified on 11/09/1992 (Entered: 07/16/1991)

July 11, 1991

July 11, 1991

222

MOTION by defendants to quash (bsm) Modified on 11/09/1992 (Entered: 07/16/1991)

July 12, 1991

July 12, 1991

223

MOTION by defendants to compel discovery (bsm) Modified on 11/09/1992 (Entered: 07/16/1991)

July 15, 1991

July 15, 1991

224

ORDER by Judge Henry Woods granting motion to confine evidence at 7/18/91 hearing to class action issues [214-1]; denying motion to quash subpoena [217-1]; if pltfs intend to call J. Jones as a witness at the show cause hearing, they must make him available for deposition or the Court will set a time; defts have moved to quash a subpoena duces tecum served on the Director of the Division of DDS, Dept of HS and item five should be produced; granting motion to intervene [201-1] filed by Advocacy Services, Inc. for the limited purpose of the hearing; a decision will be made after the hearing as to whether it will be permitted to continue as a party (cc: all counsel) (bsm) (Entered: 07/17/1991)

July 16, 1991

July 16, 1991

225

JOINT Stipulations (bsm) (Entered: 07/19/1991)

July 18, 1991

July 18, 1991

CLERK'S MINUTES: ; Order to show cause hearing held 9:30 7/18/91, before Judge Henry Woods; recessed for the day at 5:30pm and will continue the hearing on 7/19/91 (rjh) (Entered: 07/19/1991)

July 18, 1991

July 18, 1991

CLERK'S MINUTES: HEARING continuing on the Order to show cause 7/19/91, began at 9:00A.M., at conclusion of the hearing the Court ordered counsel to submit proposed findings of fact and conclusions of law by Friday, July 26, 1991, and took the matter under advisement. Exhibits kept by Court. Court adjourned at 4:30PM. (typed Clerk's minutes attached) (rjh) (Entered: 07/22/1991)

July 19, 1991

July 19, 1991

226

MOTION by defendants for substitution of parties (bsm) Modified on 11/09/1992 (Entered: 08/05/1991)

Aug. 1, 1991

Aug. 1, 1991

227

Memo to file: (JH) finding all pending motions due thru this date moot; motion for substitution of parties [226-1]; motion to compel discovery [223-1]; motion to quash [222-1]; motion for protective order [218-1]; motion to reduce time for pltfs' response to interrogatories and request for production of documents [197-1] (bsm) (Entered: 09/13/1991)

Sept. 13, 1991

Sept. 13, 1991

228

ORDER by Judge Henry Woods the class is decertified and the case is dismissed without prejudice; individuals who feel their rights have been violated may file individual lawsuits terminating case EOD 9/13/91 (cc: all counsel) (bsm) (Entered: 09/13/1991)

Sept. 13, 1991

Sept. 13, 1991

229

JUDGMENT: by Judge Henry Woods in accordance with the findings of fact and conclusions of law filed this date, judgment is entered for the defts; complt dismissed without prejudice EOD 9/13/91 (cc: all counsel) (bsm) (Entered: 09/13/1991)

Sept. 13, 1991

Sept. 13, 1991

Case Details

State / Territory: Arkansas

Case Type(s):

Intellectual Disability (Facility)

Key Dates

Filing Date: Nov. 22, 1983

Closing Date: 1991

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Named plaintiffs and all other insitutionalized persons who now, or in the future, are in the custody of the AR DHS, and are identified as recieving inadquate treatment, care, or training, or improper placement. (Class was later decertified)

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Arkansas State Hospital, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1985 - 1991

Issues

General:

Classification / placement

Education

Individualized planning

Jails, Prisons, Detention Centers, and Other Institutions:

Habilitation (training/treatment)

Disability and Disability Rights:

Mental impairment

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run