Case: CRIPA Investigation, San Jose (CA)

No Court Case | No Court

Filed Date: Oct. 5, 1992

Clearinghouse coding complete

Case Summary

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 resu…

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)

People


Attorneys(s) for Plaintiff

Yamaguchi, Michael J. (California)

Attorneys(s) for Defendant

Lungren, Daniel E. (California)

Other Attorney(s)

Active

Active

Active

Attorneys(s) for Plaintiff

Yamaguchi, Michael J. (California)

Attorneys(s) for Defendant

Lungren, Daniel E. (California)

Other Attorney(s)

Dunne, John R. (District of Columbia)

Patrick, Deval L. (District of Columbia)

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

Documents in the Clearinghouse

Document

Findings Letter re: Agnews Developmental Center, San Jose, California

CRIPA Investigation

Dec. 3, 1992

Dec. 3, 1992

Findings Letter/Report

Re: Sonoma Developmental Center

CRIPA Investigation

May 6, 1994

May 6, 1994

Findings Letter/Report

Sonoma/Agnews Developmental Centers Supplemental Findings Letter

CRIPA Investigation

Feb. 24, 1995

Feb. 24, 1995

Findings Letter/Report

Supplemental Findings Letter re: CRIPA Investigation of Sonoma Developmental Center and Agnews Developmental Center

CRIPA Investigation

March 6, 1995

March 6, 1995

Findings Letter/Report

Docket

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

Docket sheet not available via the Clearinghouse.