Case: CRIPA Investigation of Arizona State Hospital (ASH)

Not applicable | No Court

Filed Date: Sept. 25, 1989

Closed Date: 1995

Clearinghouse coding complete

Case Summary

On September 25, 1989, the Department of Justice (DOJ) sent a letter to the Governor of Arizona, informing him of its intention to investigate conditions at Arizona State Hospital (ASH) pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997. DOJ subsequently toured ASH in November 1989 and again in January 1990.On December 14, 1990, DOJ sent a findings letter the Governor. In the findings letter, DOJ outlined three primary areas of deficiencies (use of bodily …

On September 25, 1989, the Department of Justice (DOJ) sent a letter to the Governor of Arizona, informing him of its intention to investigate conditions at Arizona State Hospital (ASH) pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997. DOJ subsequently toured ASH in November 1989 and again in January 1990.

On December 14, 1990, DOJ sent a findings letter the Governor. In the findings letter, DOJ outlined three primary areas of deficiencies (use of bodily restraints, medical care, and psychiatric care and treatment programs) and demanded certain minimal remedial measures. DOJ demanded that ASH: (1) cease the use of locked posey restraints; (2) increase the number of registered nurses employed at the facility; (3) provide patients with properly fitted adaptive equipment; (4) develop appropriate infection control procedures; and (5) increase psychology staff to enable implementation of treatment and training programs at the facility.

In June and again in October 1991, DOJ toured the facility to monitor compliance with its demands and, finding that the State had taken measures to correct only some of the deficiencies noted in the findings letter, sent another letter on March 10, 1993. In that letter, DOJ demanded that ASH immediately cease use of five-point posey restraints in conjunction with seclusion, and chronicled the dangers inherent in such use. Further, DOJ demanded that, in the absence of seclusion, such five-point restraints be used only after other less restrictive techniques had been employed, by a physician's written order, when continuously monitored and never simply for the convenience of staff.

In January 1995, DOJ again toured the facility to monitor compliance with its demands and, finding that conditions at ASH had improved to the point that they no longer threatened the constitutional rights of ASH patients, sent a letter on February 14, 1995, informing the Governor that it intended to close its CRIPA investigation.

Because we have only the DOJ's December 14, 1990, March 10, 1993, and February 14, 1995, letters, we have no more information on this case.

Summary Authors

Josh Altman (6/20/2006)

People


Attorneys(s) for Plaintiff

Akers, Linda A. (Arizona)

Dunne, John R. (District of Columbia)

Hughes, Verlin (District of Columbia)

Loss, James (Arizona)

Turner, James P. (District of Columbia)

Attorneys(s) for Defendant

Corbin, Robert K. (Arizona)

Attorneys(s) for Plaintiff

Akers, Linda A. (Arizona)

Dunne, John R. (District of Columbia)

Hughes, Verlin (District of Columbia)

Loss, James (Arizona)

Turner, James P. (District of Columbia)

Attorneys(s) for Defendant

Corbin, Robert K. (Arizona)

Documents in the Clearinghouse

Document

Findings Letter re: CRIPA Investigation of the Arizona State Hospital

U.S. v. Arizona

Dec. 14, 1990

Dec. 14, 1990

Findings Letter/Report

Findings Letter re: CRIPA Investigation of the Arizona State Hospital, Phoenix, Arizona

U.S. v. Arizona

March 10, 1993

March 10, 1993

Findings Letter/Report

Notice Letter re: Intention to Close CRIPA Investigation of the Arizona State Hospital, Phoenix, Arizona

U.S. v. Arizona

Feb. 14, 1995

Feb. 14, 1995

Notice Letter

Resources

Docket

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

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Arizona

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Civil Rights Division Archival Collection

Key Dates

Filing Date: Sept. 25, 1989

Closing Date: 1995

Case Ongoing: No

Plaintiffs

Plaintiff Description:

No plaintiff because this is not a court case. The Department of Justice investigated Arizona State Hospital to protect the rights of mental health patients there.

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

Arizona State Hospital (Phoenix), 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: Plaintiff

Source of Relief:

None

Issues

General:

Habilitation (training/treatment)

Restraints : physical

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run