Case: Evans v. Fenty

1:76-cv-00293 | U.S. District Court for the District of District of Columbia

Filed Date: Feb. 23, 1976

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On February 23, 1976, six residents of Forest Haven, an institution operated by the District of Columbia for developmentally disabled persons, filed this lawsuit against the District's mayor and its Department of Human Resources. The lawsuit was filed in the United States District Court for the District of Columbia under the First, Fourth, Fifth, and Eighth Amendments to the U.S. Constitution; the Developmentally Disabled Assistance and Bill of Rights Act (42 U.S.C. § 6001 et seq.); and 32 D.C. Code § 601 et seq. The plaintiffs, represented by private counsel, sought declaratory, injunctive, and equitable relief on behalf of past and present residents of Forest Haven who would benefit from individual treatment and educational programs appropriate to their needs. Specifically, the plaintiffs alleged that Forest Haven had not provided a level of habilitation consistent with the Constitution by failing to supply a setting that was the least restrictive of the residents' personal liberty.

Shortly after the filing of the complaint, the United States was granted its motion to intervene as plaintiffs. Evans v. Washington, 459 F. Supp. 483 (D.D.C. 1978). Also, on June 3, 1976, the court (Judge John H. Pratt) granted the plaintiffs' motion for class certification. Evans v. Williams, 139 F. Supp. 2d 79, 84 (D.D.C. 2001).

On June 14, 1978, the court granted the plaintiffs' motion for partial summary judgment. Evans v. Washington, 459 F. Supp. 483, 484 (D.D.C. 1978). The court held that the District had violated the Due Process Clause of the Fifth Amendment, which provided the plaintiff class with a constitutional right to habilitative care and treatment. Id. It then entered a decree governing virtually every aspect of the District's operation of Forest Haven. Id.; see also In re U.S., 925 F.2d 490, 1991 WL 17225, *1 (D.C. Cir. 1991). At its core, the decree required the deinstitutionalization of the residents and their placement in "community living arrangement[s] . . . together with such community-based day programs and services as are necessary to provide the resident[s] with minimally adequate habilitation." Evans v. Washington, 459 F. Supp. 483, 487 (D.D.C. 1978). In other words, for all intents and purposes, the judgment called for the closing of Forest Haven. Id.; see also Evans v. Williams, 206 F.3d 1292, 1293 (D.C. Cir. 2000). The judgment also required that the defendants, inter alia, draft an individualized habilitation plan for each resident as well as create and maintain procedures to monitor the defendant's compliance with the injunction. Evans v. Washington, 459 F. Supp. 483, 484, 486 (D. D.C., 1978). In 1981 and 1983, the district court entered additional consent orders reaffirming its 1978 order and further mandating the placement of all Forest Haven residents in community living arrangements by the end of fiscal year 1988. In re United States, 925 F.2d 490, 1991 WL 17225, *1 (D.C. Cir. 1991).

The Forest Haven facility was permanently closed in the late 1980s, but the case has remained open and continually active, as disputes regarding the execution of the consent orders and the alleged ongoing failure of the District of Columbia to provide adequate care in an integrated, least restrictive setting. On October 11, 1996, the Court appointed a Special Master, Margaret G. Farrell, to monitor and report on the District's compliance and to make recommendations to the court.

On March 14, 1999, The Washington Post ran an article characterizing the District's efforts to provide safe community-integrated group homes in a least-restrictive setting as having "fail[ed] completely." The article describes one of the group homes into which Forest Haven residents had been transferred as "roach-dappled," with broken furniture and doors hanging off their hinges, and where at least one resident known to be a sexual predator was roomed next door to one of his victims. (Washington Post, March 14, 1999).

On January 30, 2001, Clarence J. Sundram was appointed co-Special Master.

On March 30, 2001, the court (Judge Stanley S. Harris), pursuant to the recommendation of the Special Master in her "2001 Plan for Complainance and Conclusion of Evans v. Williams," entered a fourth consent order, in which the defendants agreed to create a nonprofit agency to, inter alia, provide independent monitoring of the services available to individuals with intellectual disabilities and developmental disabilities. The defendants agreed to fund this agency by paying $31.5 million over eleven years, and again made extensive commitments to improve its practices and the services and living conditions available to mentally disabled citizens of the District of Columbia. Evans v. Williams, 139 F.Supp.2d 79, 83 (D. D.C. 2001).

On March 30, 2007, the Court found that there had been "systemic, continuous, and serious noncompliance with many of the Court's Orders," and held the District of Columbia to be in noncompliance. Evans v. Fenty, 480, F.Supp.2d 280, 325 (D.D.C.2007). The court again had the Special Master produce a report, 2009 Special Masters' Report, in which the Special Master also found the District in non-compliance, and recommended the appointment of an "Independent Compliance Administrator," who would bring the District into compliance.

On April 7, 2010, the Court Issued an Memorandum Opinion, detailing extensively the prior history of the litigation and the various consent orders up until that point, and denying a motion by the District of Columbia to have the existing consent orders vacated and to have the case closed. Evans v. Fenty, 701 F.Supp.2d 126 (D.D.C. 2010). This was appealed, and the appeal was dismissed. 2010 WL 3447241 (D.C. Cir. 2010).

On June 1, 2010, the Court adopted the 2009 Special Masters' Report's findings of fact and conclusions of law Evans v. Fenty, 714 F.Supp.2d 116 (D.D.C 2010). As a result of this decision, the Court approved on August 10, 2010, the Special Master's "2010 Revision to the 2001 Plan for Compliance and Conclusion of Evans v. Fenty."

On October 26, 2012, the court issued an order approving and adopting the Special Master's conclusion that the District of Columbia had achieved compliance in several areas, including the safe guarding of class member's person possessions, and some aspects of staff training. Evans v. Gray, 2012 WL 5305790, (D.D.C. 2012).

From 2013-2015, the court approved in full the reports and recommendations of the Special Master regarding various aspects of the consent decrees. These areas included protection from harm, vocational, residential, and day programs, as well as many other areas. See the documents for this case for a complete list.

On March 31, 2015, the court (Judge Ellen Segal Huvelle) approved and adopted in part the Special Master's report and recommendation regarding individualized habilitation plans. The court held that: 1) altering the 90% threshold for “high” compliance was unwarranted; 2) the defendants had complied with the occupational therapy services component of outcome criterion focused on implementation; but 3) the defendants failed to demonstrate compliance with the medical services component of outcome criterion focused on implementation; and 4) the defendants failed to demonstrate compliance with the criteria requiring assessment of residents' needs for services and mandating provision of certain adaptive equipment. 87 F. Supp. 3d 1 (D.D.C. 2015)

On May 10, 2017, the court terminated the case after compliance was achieved.

Note: Among the several awards of attorneys' fees and costs to the Plaintiffs was a consent order and judgment, filed on May 16, 2011, wherein the court approved an award of $4,000,000, covering fees and costs from April 1, 2006, to June 30, 2010. Because of the age of the case and because the court docket is incomplete, the Clearinghouse has not attempted to calculate the total amount of attorneys' fees awarded.

Summary Authors

Jordan Rossen (7/1/2011)

Alex Colbert-Taylor (6/17/2013)

Jessica Kincaid (4/8/2016)

Raul Noguera-McElroy (3/22/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4215002/parties/evans-v-fenty/

Judge(s)

Attorney for Plaintiff

Andalman, Elliott Denbo (District of Columbia)

Bagby, Kelly Riseden (District of Columbia)

Bailey, Regan (District of Columbia)

Attorney for Defendant

Amato, Maria-Claudia T. (District of Columbia)

Bagenstos, Samuel Robert (District of Columbia)

Expert/Monitor/Master/Other

Judge(s)

Huvelle, Ellen Segal (District of Columbia)

Attorney for Plaintiff

Andalman, Elliott Denbo (District of Columbia)

Bagby, Kelly Riseden (District of Columbia)

Bailey, Regan (District of Columbia)

Bernstein, Sandra J. (District of Columbia)

Costanzo, Cathy E. (District of Columbia)

Eubanks, Sharon Yvette (District of Columbia)

Fernandez, Laura A. (District of Columbia)

Hanlon, Stephen F. (District of Columbia)

Katz, Daniel Adlai (District of Columbia)

Kiernan, Paul J. (District of Columbia)

Tulman, Joseph B. (District of Columbia)

Attorney for Defendant

Amato, Maria-Claudia T. (District of Columbia)

Bagenstos, Samuel Robert (District of Columbia)

Blecher, Matthew Robert (District of Columbia)

Bolden, Melvin W. (District of Columbia)

Cumming, Gregory Martin (District of Columbia)

Dodge, John D. (District of Columbia)

Efros, Ellen A. (District of Columbia)

Farano, Richard James (District of Columbia)

Graham, Grace (District of Columbia)

Henderson, John A. (District of Columbia)

Infelise, Jeffery Thomas (District of Columbia)

Maddox, William G. (District of Columbia)

Mann, Barbara J. (District of Columbia)

Miller, Barbara A. (District of Columbia)

Mullen, Martha J. (District of Columbia)

Naso, Chad Alan (District of Columbia)

Nickles, Peter J. (District of Columbia)

Sulkowski, Sarah Ann (District of Columbia)

Trainor, Cathleen Siobhan (District of Columbia)

Utiger, Robert C. (District of Columbia)

Weinstein, Laurie J. (District of Columbia)

Other

Davis, Leslie Anne (District of Columbia)

Farrell, Margaret G. (District of Columbia)

Karambelas, Nicholas George (District of Columbia)

Klise, Joseph Michael (District of Columbia)

Oberbroeckling, Laura Jean (District of Columbia)

Ralston, David T. (District of Columbia)

Sundram, Clarence J. (District of Columbia)

Weiner, Robert Neil (District of Columbia)

WILLIAMS, LYDIA (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:76-cv-00293	Appellate Docket Evans v. Williams U.S. Court of Appeals for the District of Columbia Circuit	May 11, 2000	May 11, 2000 Docket
1:76-cv-00293	Appellate Docket U.S. Court of Appeals for the District of Columbia Circuit	Aug. 27, 2010	Aug. 27, 2010 Docket
1:76-cv-00293	Docket [PACER]	May 10, 2017	May 10, 2017 Docket
1028 1:76-cv-00293	Complaint Evans v. Washington	Feb. 23, 1976	Feb. 23, 1976 Complaint
1:76-cv-00293	Final Judgment and Order Evans v. Washington	June 14, 1978	June 14, 1978 Order/Opinion 459 F.Supp. 483
1:76-cv-00293	Order (Denying Plaintiffs' Petition for Immediate Enforcement of Permanent Injunction) Evans v. Barry	Nov. 28, 1990	Nov. 28, 1990 Order/Opinion 1990 WL 201488
1:76-cv-00293	Order (Denying Petitioner's Writ of Mandamus) In re United States, Petitioner U.S. Court of Appeals for the District of Columbia Circuit	Feb. 11, 1991	Feb. 11, 1991 Order/Opinion 925 F.2d 490
1:76-cv-00293	Order (Affirming the Judgment of the District Court) Evans v. Kelly U.S. Court of Appeals for the District of Columbia Circuit	Nov. 16, 1992	Nov. 16, 1992 Order/Opinion 979 F.2d 248
74 1:76-cv-00293	Order Adopting Proposed Findings of Fact of Special Master Evans v. Barry	Aug. 2, 1996	Aug. 2, 1996 Order/Opinion 1996 WL 451054
220 1:76-cv-00293	Opinion and Order (Granting Plaintiffs’ Motion for Sanctions, Denying Defendants’ Motion for Modification of the 1983 Consent Order, etc.) Evans v. Williams	Feb. 10, 1999	Feb. 10, 1999 Order/Opinion 35 F.Supp.2d 88

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
From Institution To Inclusion: For D.C. residents with developmental disabilities, it’s been a decades-long fight to be treated like everyone else. Martin Austermuhle	In this series, WAMU 88.5 reporter Martin Austermuhle looks at Forest Haven’s history and the lawsuit that led to its closure, revisits what went wrong after Forest Haven closed and what it took to f…	March 15, 2016	March 15, 2016 https://wamu.atavist.com/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4215002/evans-v-fenty/

Last updated Aug. 24, 2026, 6:26 p.m.

Docket for: EVANS v. FENTY

ECF Number	Date	Description	Link
1028	Feb. 23, 1976	COMPLAINT against DISTRICT OF COLUMBIA,et al. filed by JOY EVANS, VENITA FELTON, CHRISTINE EXTON, JOSEPH SCATES, WILLIAM BROWN.(jeb, ) (Entered: 10/23/2008)	RECAP
1	May 5, 1995	NOTICE OF FILING by intervenor-plaintiff USA of report to the court; Exhibits(2) (ted) (Entered: 05/12/1995)	RECAP
2	May 9, 1995	OPPOSITIONS by defendant MARION BARRY, defendant DC to entry of orders of civil contempt and appointment of a special master and reply to the report to the court of USA; Exhibits(2) (ted) (Entered: 05/12/1995)	RECAP
3	May 26, 1995	FINDINGS OF FACT and Conclusions of Law filed by plaintiffs . (ted) (Entered: 05/30/1995)	RECAP
5	June 5, 1995	SUPPLEMENTAL MEMORANDUM (SECOND) by defendants in opposition to the appointment of a special master and objections to the proposed order of reference. (ted) (Entered: 06/06/1995)	RECAP
6	June 5, 1995	OBJECTIONS by defendant MARION BARRY, defendant DC to findings of fact [3-1] (ted) (Entered: 06/06/1995)	RECAP
4	June 6, 1995	ORDER by Judge John H. Pratt : status hearing set for 9:00 6/9/95; directing that Vernon Hawkins, the Interim Director of the Dept. of Human Services shall appear to explain why the actions promised in his sworn affidavit of 5/9/95, have not been fully implemented; directing the U.S. Marshal to serve a copy of this order to Mr. Hawkins. ; (N) (bjl) (Entered: 06/06/1995)	RECAP
9	June 9, 1995	TRANSCRIPT filed for date(s) of 5/12/95. Reporter: Christi Macri (bjl) (Entered: 06/16/1995)	RECAP
7	June 13, 1995	ORDER by Judge Oliver Gasch for John H. Pratt : allowing District of Columbia 10 days to file with the Court certain information regarding vendors; if Monitor's list differs from District's lists of vendors, District will make explanation therefor; opposing parties should respond the District's pleadings within 10 days of filing. (N) (N) (bjl) (Entered: 06/15/1995)	RECAP
8	June 13, 1995	MONITOR'S REPORT (bjl) (Entered: 06/15/1995)	RECAP
10	June 16, 1995	TRANSCRIPT of hearing before Judge Oliver Gasch filed for date of 6/13/95. Reporter: Laura M. Beasley. (tth) (Entered: 06/19/1995)	RECAP
11	June 23, 1995	NOTICE OF FILING by defendant DC of submission to the court; Attachments(3) (ted) (Entered: 06/28/1995)	RECAP
12	June 29, 1995	TRANSCRIPT filed for date(s) of 4/20/95. Reporter: Santa Zizzo (ted) (Entered: 06/30/1995)	RECAP
13	July 10, 1995	ORDER by Judge John H. Pratt : that the parties to this action shall have 20 days within which to meet independently with Ms. Farrell and that Ms. Farrell shall provide the parties with copies of her curriculum vitae, and make herself available for said interviews and the parties shall file any comments concerning Ms. Farrell's intended appointment with the Court by 7/31/95. The Court will then make a final decision concerning the appointment. (N) (adc) (Entered: 07/10/1995)	RECAP
14	July 31, 1995	NOTICE OF FILING by intervenor-plaintiff USA of response to appointment of Margaret G. Farrell as special master. (ted) (Entered: 08/01/1995)	RECAP
15	July 31, 1995	NOTICE OF FILING by defendant MARION BARRY, defendant DC of report to court regarding appointment of special master. (ted) (Entered: 08/01/1995)	RECAP
16	Sept. 21, 1995	NOTICE OF CHANGE OF ADDRESS by Joseph B. Tulman representing plaintiffs. New address: District of Columbia School of Law, Building 48, Room 7105, 4250 Connecticut Avenue, N.W., Washington, D.C. 20008, (202) 274-7317. (mlp) (Entered: 09/22/1995)	RECAP
17	Oct. 11, 1995	FINDINGS OF FACT and Conclusions of Law . (fle) (Entered: 10/13/1995)	RECAP
18	Oct. 11, 1995	ORDER OF REFERENCE by Judge Stanley S. Harris: advising that Margaret G. Farrell is appointed as Special Master. The Special Master shall hear, consider, and make recommended findings of fact and conclusions of law. The Special Master shall possess and exercise all powers conferred upon Special Masters. The Special Master shall submit her report within 90 days. The Special Master shall receive compensation not to exceed 100.00 per hour plus all reasonable expenses. The Special Master may employ an associate lawyer in the capacity of a law clerk, whose services shall be charged at an hourly rate. The Special Master's fee shall be assessed or apportioned as justice may require. Other costs incurred by the Special Master shall be equally borne by the parties. Advising the parties that faith shall be exercised in all negotiations between the parties. The power to enforce the Court's Orders and to punish defendants for noncompliance is vested solely in the Court. Directing defendants to deposit the sum of $50,000.00 with the Clerk of the Court as interim payment of costs, within 28 days. (N) (mlp) Modified on 02/08/1996 (Entered: 02/08/1996)	RECAP
19	Oct. 20, 1995	MOTION filed by movant WE CARE PROJECTS,INC to intervene as a plaintiff, EXHIBITS: Motion for Preliminary injuncation and temporary restraining order (lpp) (Entered: 10/25/1995)	RECAP
20	Oct. 26, 1995	MOTION filed by intervenor-plaintiff USA to remedy defendants' ongoing comtempt, and for emergency injunctive relief ; Attachments (4) (blj) (Entered: 10/27/1995)	RECAP
21	Oct. 30, 1995	TRANSCRIPT of motions hearing before Judge Harris filed for date of 10/20/95. Reporter: Robert M. Weber (bjsp) (Entered: 10/31/1995)	RECAP
23	Nov. 2, 1995	MOTION filed by defendant MARION BARRY, defendant DC to extend time to 11/14/95 to respond to United States' motion to remedy defendants' ongoing contempt, and for injunctive relief (tw) (Entered: 11/06/1995)	RECAP
22	Nov. 3, 1995	MOTION filed by plaintiffs to remedy defendants' continuing contempt (ks) (Entered: 11/06/1995)	RECAP
24	Nov. 7, 1995	ORDER by Judge Stanley S. Harris : granting motion to extend time to 11/14/95 to respond to United States' motion to remedy defendants' ongoing contempt [23-1] by DC, MARION BARRY (N) (emh) (Entered: 11/08/1995)	RECAP
25	Nov. 14, 1995	MOTION filed by defendant MARION BARRY, defendant DC to extend time to 11/28/95 to respond to US' motion to remedy defendants; ongoing contempt, and for emergency injunctive relief (cjp) (Entered: 11/16/1995)	RECAP
26	Nov. 14, 1995	RESPONSE by defendant MARION BARRY, defendant DC in opposition to US's and plaintiffs motions to remedy defendants' continuing contempt [22-1] and for injunctive relief [23-2] [20-1] (cjp) (Entered: 11/17/1995)	RECAP
27	Nov. 22, 1995	RESPONSE by intervenor-plaintiff USA in opposition to motion to extend time to 11/28/95 to respond to US' motion to remedy defendants; ongoing contempt [25-1] by DC, MARION BARRY . (ks) (Entered: 11/24/1995)	RECAP
28	Nov. 22, 1995	REPLY by intervenor-plaintiff USA to response to motion to remedy defendants' ongoing comtempt [20-1], and for emergency injunctive relief [20-2] by USA; Attachments (5) (ks) (Entered: 11/24/1995)	RECAP
29	Nov. 28, 1995	RESPONSE (FIRST SUPPLEMENTAL) by defendant MARION BARRY, defendant DC in opposition to motion to remedy defendants' ongoing comtempt [20-1] by USA, motion for emergency injunctive relief [20-2] by USA . (bjsp) (Entered: 11/29/1995)	RECAP
30	Nov. 30, 1995	ORDER by Judge Stanley S. Harris : denying as moot, without prejudice motion to remedy defendants' continuing contempt [22-1] by plaintiffs; directing the parties within 21 days to submit briefing to the Court on the legality, feasibility, and desireability of the creation of an escrow fund. (N) (emh) (Entered: 12/06/1995)	RECAP
31	Dec. 7, 1995	TRANSCRIPT filed for hearing before Judge Harris for date of 11/24/95. Reporter: Robert M. Weber (mlp) (Entered: 12/07/1995)	RECAP
32	Dec. 7, 1995	TRANSCRIPT filed for hearing before Judge Harris for date of 11/28/95. Reporter: Robert M. Weber (mlp) (Entered: 12/07/1995)	RECAP
33	Dec. 20, 1995	RESPONSE by intervenor-plaintiff USA to order dated 11/30/95 [30-1] requiring analysis of use of an escrow account to ensure compliance with Court Order relating to timely payment of private providers for services to class members (mlp) (Entered: 12/21/1995)	RECAP
34	Dec. 21, 1995	MOTION filed by defendant MARION BARRY, defendant DC to extend time to 12/29/95 to file memorandum on the legality, feasibility and desirability of the creation of an escrow account (mlp) (Entered: 12/22/1995)	RECAP
35	Dec. 21, 1995	RESPONSE by plaintiffs to order dated 11/30/95 [30-1] regarding the legality, feasibility, and desirability of creating an escrow fund to ensure defendants' compliance with Court orders requiring timely payment to service providers (mlp) (Entered: 12/22/1995)	RECAP
36	Dec. 22, 1995	ORDER by Judge Stanley S. Harris : granting nunc pro tunc motion to extend time to 12/29/95 to file memorandum on the legality, feasibility and desirability of the creation of an escrow account [34-1] by DC, MARION BARRY (N) (emh) (Entered: 01/02/1996)	RECAP
38	Dec. 29, 1995	MOTION filed by defendant MARION BARRY, defendant DC to extend time to 1/5/96 to file memorandum on the legality, feasibility and desirability of the creation of an escrow account (mlp) (Entered: 01/02/1996)	RECAP
37	Jan. 2, 1996	ORDER by Judge Stanley S. Harris : directing the Clerk of the Court to disburse from the court's registry, from the escrow account in CA.76-293 the sum of $7,180.74 to Margaret G. Farrell for services rendered and expenses incurred. (N) (emh) (Entered: 01/02/1996)	RECAP
39	Jan. 5, 1996	RESPONSE by defendant MARION BARRY, defendant DC to order [30-1] on the use of an escrow account to pay vendors (mlp) (Entered: 01/11/1996)	RECAP
40	Jan. 11, 1996	ORDER by Judge Stanley S. Harris : granting motion to extend time to 1/5/96 to file memorandum on the legality, feasibility and desirability of the creation of an escrow account [38-1] by DC, MARION BARRY (N) (emh) (Entered: 01/17/1996)	RECAP
41	Jan. 19, 1996	ORDER by Judge Stanley S. Harris : directing the Clerk of the Court to disburse from the Court's Registry, the sum of $4,852.01, to Margaret G. Farrell, for services rendered and expenses incurred. (N) (emh) (Entered: 01/23/1996)	RECAP
42	Jan. 19, 1996	ORDER by Judge Stanley S. Harris : allowing the Special Master until 1/25/96, to file the parties proposed remedial plan. (N) (emh) (Entered: 01/23/1996)	RECAP
45	Jan. 22, 1996	REQUEST by Special Master to extend time to 1/22/96 to file recommendations for a 1996 remedial plan "Let this be filed." Harris, J. (fiat) (mlp) (Entered: 02/08/1996)	RECAP
46	Jan. 23, 1996	STATUS REPORT by Special Master of activities and expenses for October, 1995. "Let this be filed, 1/23/96" Harris, J. (fiat) (mlp) (Entered: 02/08/1996)	RECAP
47	Jan. 23, 1996	STATUS REPORT by Special Master MARGARET G. FARRELL of activities and expenses for November, 1995 and notice of intention to hire expert; attachments. "Let this be filed." Harris, J. (fiat) (mlp) (Entered: 02/08/1996)	RECAP
48	Jan. 23, 1996	STATUS REPORT by Special Master MARGARET G. FARRELL of activities and expenses for December, 1995. "Let this be filed" Harris, J. (fiat) (mlp) (Entered: 02/08/1996)	RECAP
43	Jan. 24, 1996	MOTION filed by intervenor-plaintiff USA for hearing on defendants' continuing non-compliance ; attachment (mlp) (Entered: 01/25/1996)	RECAP
44	Feb. 1, 1996	ORDER by Judge Stanley S. Harris : that before 5:00pm on Friday, February 9, 1996, defendants shall submit to the Court, counsel for plaintiffs, the Special Master, and the Pratt Monitor, a list of Evans class care providers who receive Medicaid and/or MRDDA payments within the preceding 2 weeks; directing the defendants before 5:00pm on Friday, 2/16/96 to submit to the above, a comprehensive list of all Evans class care providers and a comprehensive breakdown of all payments more than 30 days overdue to all providers. (N) (emh) (Entered: 02/07/1996)	RECAP
50	Feb. 8, 1996	RESPONSE by intervenor-plaintiff USA to special master order of findings and recommendations [49-2] (mlp) (Entered: 02/12/1996)	RECAP
51	Feb. 8, 1996	MOTION filed by defendant MARION BARRY, defendant DC to extend time to 2/15/96 to file a memorandum containing comments and objections to the Special Master's January, 1996 Report (mlp) (Entered: 02/12/1996)	RECAP
49	Feb. 9, 1996	ORDER filed by Special Master Margaret G. Farrell, Esq.: issuing findings of fact and conclusions of law ; exhibits (8). "Let this be filed, 2/9/96" Harris, J. (fiat) (N) (mlp) (Entered: 02/12/1996)	RECAP
53	Feb. 9, 1996	RESPONSE by defendant MARION BARRY, defendant DC to order dated 2/1/96 [44-1]; attachments (2) (mlp) (Entered: 02/12/1996)	RECAP
52	Feb. 12, 1996	ORDER by Judge Stanley S. Harris : granting motion to extend time to 2/15/96 to file a memorandum containing comments and objections to the Special Master's January, 1996 Report [51-1] by DC, MARION BARRY response to motion(s) due by 2/15/96 ; (N) (lpp) (Entered: 02/12/1996)	RECAP
54	Feb. 13, 1996	ORDER by Judge Stanley S. Harris : directing the Clerk of the Court to disburse from the Court's Registry, from the escrow account to Margaret G. Farrell, Esq., for services rendered. (N) (emh) (Entered: 02/15/1996)	RECAP
55	Feb. 15, 1996	OBJECTIONS by defendant MARION BARRY, defendant DC to special master's January, 1996 Report [49-2]; attachments (mlp) (Entered: 02/16/1996)	RECAP
56	Feb. 16, 1996	RESPONSE by defendant MARION BARRY, defendant DC to order [44-1]; attachments (5) (mlp) (Entered: 02/20/1996)	RECAP
58	March 5, 1996	LETTER from Joseph V. Brady to Margaret Farrell, copy sent to Judge Harris, fiat 3/11/96 (lpp) (Entered: 03/19/1996)	RECAP
57	March 11, 1996	ORDER by Judge Stanley S. Harris : directing the Clerk of the Court to disburse from the Court's Registry, from the escrow account the sum of $912.34 to Margaret G. Farrell, Esq., and the sum of $500.00 to Robin E. Cooper, each for services rendered. (N) (emh) (Entered: 03/15/1996)	RECAP
59	March 11, 1996	LETTER from Karen Clay, Court Monitor, to Judge Harris, dated 3/5/96, Re: Continued Payment Issues, Exhibit (2) (lpp) (Entered: 03/19/1996)	RECAP
60	March 11, 1996	STATUS REPORT by special master: Activities and Expenses for February 1996, attachments, fiat (lpp) (Entered: 03/19/1996)	RECAP
61	April 15, 1996	STATUS REPORT by special master Margaret G. Farrell of activities and expenses for March, 1996; (fiat) Harris,J. (emh) (Entered: 04/16/1996)	RECAP
62	April 15, 1996	ORDER by Judge Stanley S. Harris : directing the Clerk to disburse from the Court's Registry, the sum of $1,926.00 to Margaret Farrell, Esq., Special Master, for services rendered and expenses incurred. (N) (emh) (Entered: 04/16/1996)	RECAP
63	May 9, 1996	ORDER by Judge Stanley S. Harris: directing Clerk of the Court to disburse from the Court's Registry, from the escrow acount in C.A. 76-293: $1,622.00 to Special Master Margaret G. Farrell, Esq., 4719 Cumberland Avenue, Chevy Chase, MD 20815, for services rendered and expenses incurred. (N) (mlp) Modified on 05/20/1996 (Entered: 05/20/1996)	RECAP
64	May 13, 1996	NOTICE OF FILING by special master Margaret G. Farrell of activities and expenses for April 1996, fiat (lpp) (Entered: 05/16/1996)	RECAP
65	May 15, 1996	LETTER to Anthony Williams dated 5/10/96 from Richard C. Birkel, PH.D, Kennedy Institute in re: payments to be made; (fiat) Harris,J. (emh) (Entered: 05/20/1996)	RECAP
66	May 21, 1996	LETTER to Mr. Williams dated 5/16/96 from Richard C. Birkel in re: no payments received yet;(fiat) (emh) (Entered: 05/23/1996)	RECAP
67	June 17, 1996	NOTICE OF FILING by special master Margaret G. Farrell of Activities and Expenses for May, 1996;(fiat)Harris,J. (emh) (Entered: 06/18/1996)	RECAP
68	June 17, 1996	ORDER by Judge Stanley S. Harris : directing the Clerk to disburse from the Court's Registry, the amount of $1,574.54 to Margaret G. Farrell for services rendered and expenses incurred. (N) (emh) (Entered: 06/18/1996)	RECAP
69	June 21, 1996	LETTER dated 5/30/96 to Mr. Williams in re: payment of money;(fiat) Harris,J. (emh) (Entered: 06/24/1996)	RECAP
71	July 2, 1996	OBJECTIONS by defendant MARION BARRY, defendant DC to the special master's supplemental report of June, 1996 (st) (Entered: 07/17/1996)	RECAP
70	July 12, 1996	RESPONSE (OPPOSITIONS) by intervenor-plaintiff USA to to file notice [67-1] by Margaret G. Farrell, attachments (7) (lpp) (Entered: 07/15/1996)	RECAP
72	July 17, 1996	NOTICE by special master Margaret G. Farrell of activities and expenses for June 1996; (fiat) Harris,J. (emh) (Entered: 07/18/1996)	RECAP
73	July 17, 1996	ORDER by Judge Stanley S. Harris : directing the Clerk to disburse from the Court's Registry to Margaret Farrell the sum of $1,212.73, for services rendered and expenses incurred. (N) (emh) (Entered: 07/18/1996)	RECAP
74	Aug. 2, 1996	ORDER by Judge Stanley S. Harris : adopting proposed findings of fact of special master. (N) (emh) (Entered: 08/07/1996)	RECAP
75	Aug. 2, 1996	ORDER by Judge Stanley S. Harris : directing that the REMEDIAL PLAN be filed in this case and setting forth the terms and conditions of said plan. (N) (N) (emh) (Entered: 08/07/1996)	RECAP
76	Aug. 20, 1996	ORDER by Judge Stanley S. Harris : directing the Clerk to disburse from the Court's registry the amount of $1,056.29 to Margaret G. Farrell, Esq., for services rendered and expenses incurred. (N) (emh) (Entered: 08/20/1996)	RECAP
77	Aug. 21, 1996	NOTICE by special master Margaret G. Farrell of activities and expenses for July, 1996;(fiat)Harris,J. (emh) (Entered: 08/23/1996)	RECAP
78	Sept. 30, 1996	RESPONSE by defendant MARION BARRY, defendant DC to order in re submission to the Court. [75-1] (st) (Entered: 10/01/1996)	RECAP
79	Oct. 1, 1996	NOTICE OF FILING by defendant MARION BARRY, defendant DC submitting a list of each case manager employed by or under contract with MRDDA and list of clients assigned to each case manager as part of the Remedial Plan entered by the Court 8/2/96 (st) (Entered: 10/02/1996)	RECAP
80	Oct. 8, 1996	ORDER by Judge Stanley S. Harris : Directing disbursal of $1,732.00 to Margaret G. Farrell, Esq., Special Master by the Clerk of the Court from the escrow account in this case. (N) (mon) (Entered: 10/08/1996)	RECAP
81	Oct. 23, 1996	NOTICE OF FILING by special master Margaret G. Farrell of Activities and Expenses for September 1996; (fiat)Harris,J. (emh) (Entered: 10/24/1996)	RECAP
82	Oct. 23, 1996	ORDER by Judge Stanley S. Harris : directing the Clerk of the Court to disburse from the Court's registry, from the escrow account the sum of $802.00 to Margaret G. Farrell for services rendered and expenses incurred. (N) (emh) (Entered: 10/24/1996)	RECAP
83	Oct. 25, 1996	SUBMISSION TO THE COURT by defendant MARION BARRY, defendant DC in accordance with the Remedial plan entered by the Court 8/2/96 (st) (Entered: 10/28/1996)	RECAP
84	Oct. 29, 1996	NOTICE OF FILING by defendants of a attachment inadvertently ommitted from Exhibit "B", Affidavit of Deloras Shepherd, in their Submission to the Court; Attachment (1). (ks) (Entered: 10/30/1996)	RECAP
85	Oct. 31, 1996	NOTICE OF FILING by defendants of their submission to the Court of Exhibits "A" and "B"; Exhibits (2). (ks) (Entered: 11/01/1996)	RECAP
86	Oct. 31, 1996	JOINT MOTION by plaintiffs, defendants to extend time to 11/15/96 to submit their proposed order for the purposes of attempting to resolve the outstanding issues and concerns. (ks) (Entered: 11/01/1996)	RECAP
87	Nov. 5, 1996	ORDER by Judge Stanley S. Harris : granting joint motion to extend time to 11/15/96 to submit their proposed order for the purposes of attempting to resolve the outstanding issues and concerns. [86-1] by defendants, plaintiff (N) (emh) (Entered: 11/06/1996)	RECAP
98	Nov. 8, 1996	REPORT by defendant DC (st) (Entered: 01/10/1997)	RECAP
88	Nov. 12, 1996	NOTICE by special master Margaret G. Farrell of activities and expenses for October, 1996;(fiat) Harris,J. (emh) (Entered: 11/13/1996)	RECAP
89	Nov. 12, 1996	ORDER by Judge Stanley S. Harris : directing the clerk of the Court to disburse from the Court's registry the sum of $2,519.42 to Margaret G. Farrell, special master, for services rendered and expenses incurred. (N) (emh) (Entered: 11/13/1996)	RECAP
90	Nov. 19, 1996	MOTION filed by plaintiff, intervenor-plaintiff, defendant, movant, special master to extend time to 12/13/96 to submit to the Court, the proposed order for the purposes of attempting to resolve the outstanding issues and concerns (st) (Entered: 11/20/1996)	RECAP
91	Nov. 25, 1996	STATUS REPORT by defendant MARION BARRY, defendant DC (st) (Entered: 11/27/1996)	RECAP
92	Nov. 26, 1996	ORDER by Judge Stanley S. Harris : granting motion to extend time to 12/13/96 to submit to the Court, the proposed order for the purposes of attempting to resolve the outstanding issues and concerns [90-1] by special master, movant, defendant, intervenor-plaint, plaintiff (N) (emh) (Entered: 11/27/1996)	RECAP
93	Dec. 19, 1996	JOINT MOTION (THIRD) by plaintiff, intervenor-plaintiff, defendant, movant, to extend time to 1/13/97 to submit to the Court a " proposed order for the timely, predictable and full payment of Evans care providers" (st) (Entered: 12/20/1996)	RECAP
94	Dec. 20, 1996	ORDER by Judge Stanley S. Harris : granting joint motion to extend time to 1/13/97 to submit to the Court a " proposed order for the timely, predictable and full payment of Evans care providers" [93-1] by special master, movant, defendant, intervenor-plaint, plaintiff (N) (fle) (Entered: 12/23/1996)	RECAP
95	Dec. 23, 1996	SUBMISSION TO THE COURT by defendant MARION BARRY, defendant DC (st) (Entered: 12/24/1996)	RECAP
96	Jan. 6, 1997	NOTICE OF FILING by special master Margaret G. Farrell of Activities and Expenses for November, 1996; (fiat)(n)Harris,J. (emh) (Entered: 01/08/1997)	RECAP
97	Jan. 6, 1997	ORDER by Judge Stanley S. Harris : directing the Clerk to disburse from the Court's registry the sum of $2,955 to Margaret G. Farrell, Esq., for services rendered and expenses incurred. (N) (emh) (Entered: 01/08/1997)	RECAP
99	Jan. 23, 1997	NOTICE OF FILING by special master Margaret G. Farrell of activities and expenses for December, 1996;(fiat)Harris,J. (emh) (Entered: 01/28/1997)	RECAP

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Court-ordered receiverships

Multi-LexSum (in sample)

Olmstead Cases

Key Dates

Filing Date: Feb. 23, 1976

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All residents of Forest Haven who were institutionalized based upon mental retardation and who could benefit from individual treatment and educational programs appropriate to their needs.

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City

District of Columbia

Defendant Type(s):

Hospital/Health Department