Case: Richard S. v. Dept. of Developmental Services of California

8:97-cv-00219 | U.S. District Court for the Central District of California

Filed Date: March 20, 1997

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On March 20, 1997, Richard S. filed a class-action lawsuit and an application for a temporary restraining order in the United States District Court for the Central District of California against the Department of Developmental Services for the State of California and Fairview Developmental Center. Richard S. was a resident of Fairview and was represented by a private attorney. William Cable, M.D. served as guardian ad litem for the class members, developmentally disabled clients without conse…

On March 20, 1997, Richard S. filed a class-action lawsuit and an application for a temporary restraining order in the United States District Court for the Central District of California against the Department of Developmental Services for the State of California and Fairview Developmental Center. Richard S. was a resident of Fairview and was represented by a private attorney. William Cable, M.D. served as guardian ad litem for the class members, developmentally disabled clients without conservators. The complaint alleged various violations of the Americans with Disabilities Act, the Social Security Act, and the Constitution. On June 16, 1997, Protection and Advocacy, Inc. moved to intervene and the motion was granted. Other organizations and individuals intervened.

The complaint alleged that developmental centers released patients into community placements that were not prepared to care for them and were doing so out of fear of financial penalties for not meeting "exit quotas." Previous state court litigation had resulted in a settlement agreement, the "Coffelt Settlement," requiring the Department to reduce the population in developmental centers. (ID-CA-0001) Interveners sought to uphold the Coffelt Settlement.

The complaint also alleged that the centers were selecting those residents who had no family members or conservators for discharge. The court granted a preliminary injunction on July 16, 1997.

On March 24, 2000, the District Court (Judge Gary L. Taylor) denied the plaintiffs' motion for summary judgment. It granted the defendant's motion with respect to two of the plaintiffs' counts and denied the defendant's motion with respect to injunctive relief. Interveners sought to enjoin the State Defendants from refusing to release residents into community placements without a court order if a family member or legal representative objected to the placement. Judge Taylor permanently enjoined this practice on April 24, 2000, stating that the Defendant should not allow third-parties to interfere with its discretion regarding community placements.

On August 8, 2000, the court dissolved the preliminary injunction it had granted in 1997. On January 1, 2001, the court amended its permanent injunction against the Defendant. It again enjoined the Defendant from implementing any policy or practice of refusing to place adult residents into community placements absent a court order because a family member or legal representative objected.

On January 18, 2001, the court entered a judgment holding that the parties' had settled all remaining claims on August 29, 2000. The settlement agreement is not available. The court later denied Plaintiffs' request for fees and costs. The United States Court of Appeals for the Ninth Circuit (Judge Harry Pregerson) reversed and remanded to the district court, holding that plaintiffs were entitled to reasonable fees. Richard S. v. Dep't of Developmental Servs., 317 F.3d 1080 (9th Cir. 2003).

The PACER docket indicates that Eugene C. Andres was appointed as Special Master in 2004. On April 22, 2005, the district court awarded 80 percent of costs and fees to the Plaintiffs. No further substantive case activity was noted on the PACER docket after July 2005, and the case was designated as "closed."

We have no further information on this matter.

Summary Authors

Angela Heverling (4/8/2007)

Related Cases

Coffelt v. Dept. of Developmental Serv., California state trial court (1990)

People


Judge(s)

Pregerson, Harry (California)

Taylor, Gary L. (California)

Thompson, David R. (California)

Wardlaw, Kim McLane (California)

Attorneys(s) for Plaintiff

Cahill, Margaret M. (California)

Hafif, Herbert (California)

Hardiman, Francis X. (California)

Lytle, Patricia M (California)

Attorneys(s) for Defendant

Bell, Suzanne L. (California)

Bobak, M. Lois (California)

Judge(s)

Pregerson, Harry (California)

Taylor, Gary L. (California)

Thompson, David R. (California)

Wardlaw, Kim McLane (California)

Attorneys(s) for Plaintiff

Cahill, Margaret M. (California)

Hafif, Herbert (California)

Hardiman, Francis X. (California)

Lytle, Patricia M (California)

Attorneys(s) for Defendant

Bell, Suzanne L. (California)

Bobak, M. Lois (California)

Enright, Judith A. (California)

Fried, Karen L. (California)

House, Ronald R. (California)

Lockyer, Bill (California)

Lungren, Daniel E. (California)

Nixon, Thomas F. (California)

Ocheltree, Julia (California)

Ryu, Tammy Chung (California)

Salzwedel, Suzanne (California)

Sanders, John H. (California)

Schwartz, Richard O. (California)

Waldow, Richard T. (California)

Weidman, Leon W. (California)

Other Attorney(s)

Bird, Melinda R. (California)

Gelber, Eric R. (California)

Goldblatt, Ellen Sue (California)

Juarez, Daniel (California)

Pettit, Sandra B. (California)

Rosenbaum, Stephen A. (California)

Villafana, Monica Galvan (California)

Documents in the Clearinghouse

Document

8:97-cv-00219

Docket

July 28, 2005

July 28, 2005

Docket

Correspondence Re: Dr. Cable

No Court

Jan. 1, 1996

Jan. 1, 1996

Correspondence

8:97-cv-00219

Petition and Order for Appointment of Guardian Ad Litem

March 20, 1997

March 20, 1997

Pleading / Motion / Brief
8

8:97-cv-00219

Declaration of William Cable, M.D. in Support of Plaintiffs' Application for Temporary Restraining Order and Preliminary Injunction

March 20, 1997

March 20, 1997

Pleading / Motion / Brief
6

8:97-cv-00219

Declaration of Jocelyn Doroughty, M.D. in Support of Plaintiffs' Application for Temporary Restraining Order and Preliminary Injunction

March 20, 1997

March 20, 1997

Pleading / Motion / Brief
7

8:97-cv-00219

Declaration of Linda Copeland, M.D. in Support of Plaintiffs' Application for Temporary Restraining Order and Preliminary Injunction

March 20, 1997

March 20, 1997

Monitor/Expert/Receiver Report
9

8:97-cv-00219

Declaration of David J. Strauss, Ph.D., FASA, in Support of Plaintiffs' Application for Temporary Restraining Order and Preliminary Injunction

March 20, 1997

March 20, 1997

Pleading / Motion / Brief
1

8:97-cv-00219

Complaint for Injunctive Relief

March 20, 1997

March 20, 1997

Complaint

8:97-cv-00219

Proposed Order

March 20, 1997

March 20, 1997

Pleading / Motion / Brief
5

8:97-cv-00219

Declaration of Frederick Herzig, M.D. in Support of Plaintiffs' Application for Temporary Restraining Order and Preliminary Injunction

March 20, 1997

March 20, 1997

Pleading / Motion / Brief

Resources

Docket

Last updated June 3, 2022, 3:17 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: California

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: March 20, 1997

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Developmentally disabled adults and residents of Fairview Developmental Center

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Fairview Developmental Center, State

Department of Developmental Services , State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Social Security (Title XX), 42 U.S.C. §§ 1397 et seq.

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2001 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Classification / placement

Deinstitutionalization/decarceration

Disability:

Integrated setting

Mental Disability:

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Type of Facility:

Government-run