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From October 5 until October 9, 1992, the United States Department of Justice Civil Rights Division investigated allegations of abuse and inadequate care at Agnews Developmental Center in San Jose, California, pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997. The investigation found that residents with developmental disabilities suffered physical harm as the result of neglect and abuse. Specifically, the investigation found constitutional violations resulting from deficiencies in responses to pica and other self-injurious behaviors, personal hygiene, physical care, individualized programming, medical care, mental health care, physical and occupational therapy, feeding procedures, and investigation and prevention of abuse. In one instance of abuse, a resident died after being beaten and stabbed by an institution's employee. The investigation also found that residents suffered undue bodily and chemical restraints.
On May 6, 1994, the Department of Justice announced similar findings following a CRIPA investigation at Sonoma Developmental Center, in Eldridge, California. The Department of Justice found constitutional violations resulting from inadequate supervision and programming, poor response to self-injurious behaviors, grossly inadequate medical care, undue physical and chemical restraints used in place of training programs, and dangerous feeding protocols and seizure management. The investigation of the Sonoma Developmental Center also uncovered violations of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400-1486, in the treatment of school-aged residents.
Following both investigations, the Department of Justice both outlined remedial measures and sought to negotiate a consent decree with the State. In September 1994, the State and the Department of Justice discussed settlement, but the State rejected the idea of entering into an agreement on January 17, 1995. In response, the Special Litigation Section of the Department of Justice notified the Civil Rights Division that conditions at Agnew and Sonoma Developmental Centers also violated federal statutory law. On March 6, 1995, the Civil Rights Division notified the Governor of California that, in addition to violating the Constitution, conditions at the institutions also violated the Americans With Disabilities Act, 42 U.S.C. §§ 12101 et seq., § 504 of the Rehabilitation Act of 1973, the Social Security Act (the Medicaid Act), 42 U.S.C. § 1396 et seq., and prohibitions on discrimination in vocational rehabilitation, 29 U.S.C. § 794 et seq. The Civil Rights Division again asked the State to negotiate a consent decree.
The file contains no additional information about conditions at Sonoma and Agnews; we do not know if negotiations were ever conducted, if the parties entered a consent decree, or if a CRIPA lawsuit was ever filed.
Summary Authors
Elizabeth Chilcoat (6/20/2006)
Yamaguchi, Michael J. (California)
Lungren, Daniel E. (California)
Dunne, John R. (District of Columbia)
Patrick, Deval L. (District of Columbia)
Peabody, Arthur E. Jr. (District of Columbia)
Last updated Aug. 30, 2023, 2:27 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: California
Case Type(s):
Intellectual Disability (Facility)
Key Dates
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: Unknown
Class Action Outcome: Unknown
Defendants
State of Calfornia (San Jose), 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.
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Social Security (Title XX), 42 U.S.C. §§ 1397 et seq.
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: Unknown
Nature of Relief:
Source of Relief:
Issues
General:
Food service / nutrition / hydration
Jails, Prisons, Detention Centers, and Other Institutions:
Assault/abuse by staff (facilities)
Assault/abuse by non-staff (facilities)
Disability and Disability Rights:
Medical/Mental Health:
Type of Facility: