Case: Evans v. Fenty

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

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)

Buckley, James Lane (District of Columbia)

Facciola, John M. (District of Columbia)

Ginsburg, Ruth Bader (District of Columbia)

Harris, Stanley S. (District of Columbia)

Huvelle, Ellen Segal (District of Columbia)

Pratt, John Helm (District of Columbia)

Randolph, Arthur Raymond (District of Columbia)

Sentelle, David Bryan (District of Columbia)

Silberman, Laurence Hirsch (District of Columbia)

Wald, Patricia McGowan (District of Columbia)

Judge(s)

Buckley, James Lane (District of Columbia)

Facciola, John M. (District of Columbia)

Ginsburg, Ruth Bader (District of Columbia)

Harris, Stanley S. (District of Columbia)

Huvelle, Ellen Segal (District of Columbia)

Pratt, John Helm (District of Columbia)

Randolph, Arthur Raymond (District of Columbia)

Sentelle, David Bryan (District of Columbia)

Silberman, Laurence Hirsch (District of Columbia)

Wald, Patricia McGowan (District of Columbia)

Williams, Kathleen J. (California)

Attorneys(s) for Plaintiff

Andalman, Elliottt Denbo (Maryland)

Bagby, Kelly R. (District of Columbia)

Bailey, Regan Monica (Maryland)

Bernstein, Sandra J (District of Columbia)

Catz, Robert S. (District of Columbia)

Costanzo, Cathy E. (Massachusetts)

Eubanks, Sharon Y (District of Columbia)

Fernandez, Laura A. (District of Columbia)

Hanlon, Stephen F (District of Columbia)

Jacobus, John L (District of Columbia)

Katz, Daniel Adlai (Maryland)

Kiernan, Paul J (District of Columbia)

McMillin, Richard S. (District of Columbia)

Scher, Howard S. (District of Columbia)

Tulman, Joseph B. (District of Columbia)

Wein, Gerald J. (District of Columbia)

Attorneys(s) for Defendant

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

Blecher, Matthew Robert (District of Columbia)

Bolden, Melvin W. Jr. (District of Columbia)

Dodge, John D (District of Columbia)

Dorsch, Nancy R. (District of Columbia)

Efros, Ellen A. (District of Columbia)

Gere, Elizabeth Sarah (District of Columbia)

Graham, Grace (District of Columbia)

Infelise, Jeffery Thomas (District of Columbia)

Lee, Bill Lann (District of Columbia)

Love, Richard Stuart (District of Columbia)

Mann, Barbara J. (District of Columbia)

Masson, George T. Jr. (District of Columbia)

Miller, Barbara A. (District of Columbia)

Mullen, Martha J. (District of Columbia)

Murasky, Donna M. (District of Columbia)

Naso, Chad Alan (District of Columbia)

Nickles, Peter J. (District of Columbia)

Prager, Lutz Alexander (District of Columbia)

Racine, Karl A. (Maryland)

Reischel, Charles L. (District of Columbia)

Rigsby, Robert (District of Columbia)

Schifferle, Carl James (District of Columbia)

Sulkowski, Sarah Ann (District of Columbia)

Thorne, Linda F (District of Columbia)

Utiger, Robert C. (District of Columbia)

Weiner, Robert N. (District of Columbia)

Other Attorney(s)

Bagenstos, Samuel R. (District of Columbia)

Daniel, Susan G. (District of Columbia)

Davis, Leslie Ann (District of Columbia)

Farano, Richard J. (District of Columbia)

Gross, Mark L. (District of Columbia)

Henderson, John A. (District of Columbia)

Karambelas, Nicholas George (District of Columbia)

Klise, Joseph Michael (District of Columbia)

Lawrence, R. Craig (District of Columbia)

Maddox, William G. (District of Columbia)

Oberbroeckling, Laura Jean (District of Columbia)

Ralston, David T. Jr. (District of Columbia)

Samberg-Champion, Sasha M. (District of Columbia)

Trainor, Cathleen (District of Columbia)

Weinstein, Laurie J. (District of Columbia)

Expert/Monitor/Master

Sawyer, Kathy (Alabama)

Documents in the Clearinghouse

Document

Appellate Docket

Evans v. Williams

U. S. Court of Appeals for the District of Columbia Circuit

May 11, 2000 Docket

Appellate Docket

U. S. Court of Appeals for the District of Columbia Circuit

Aug. 27, 2010 Docket

Docket [PACER]

May 10, 2017 Docket
1028

Complaint

Evans v. Washington

Feb. 23, 1976 Complaint

Final Judgment and Order

Evans v. Washington

459 F.Supp. 483

June 14, 1978 Order/Opinion

Order (Denying Plaintiffs' Petition for Immediate Enforcement of Permanent Injunction)

Evans v. Barry

1990 WL 201488

Nov. 28, 1990 Order/Opinion

Order (Denying Petitioner's Writ of Mandamus)

In re United States, Petitioner

U. S. Court of Appeals for the District of Columbia Circuit

925 F.2d 490, 1991 WL 17225

Feb. 11, 1991 Order/Opinion

Order (Affirming the Judgment of the District Court)

Evans v. Kelly

U. S. Court of Appeals for the District of Columbia Circuit

979 F.2d 248, 1992 WL 337321, 1992 U.S.App.LEXIS 30808

Nov. 16, 1992 Order/Opinion
74

Order Adopting Proposed Findings of Fact of Special Master

Evans v. Barry

1996 WL 451054, 2006 U.S.Dist.LEXIS 61329

Aug. 2, 1996 Order/Opinion
220

Opinion and Order (Granting Plaintiffs’ Motion for Sanctions, Denying Defendants’ Motion for Modification of the 1983 Consent Order, etc.)

Evans v. Williams

35 F.Supp.2d 88

Feb. 10, 1999 Order/Opinion

Resources

Title Description External URL

Long-Overdue Reform of D.C.'s Antediluvian Developmental Disabilities Law: From Forest Haven to the 21st Century

Robert L. Jr. Burgdorf

The purposes of this article are to examine the origins and nature of developmental disabilities laws and programs and their significance for people with such disabilities, to discuss the Forest Have… Jan. 1, 2010 https://cdn.ymaws.com/...

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 https://wamu.atavist.com/...

The Caged Canary

Elizabeth Alexander

The United States has experienced an explosion in the number of people in prison, an explosion that cannot be attributed to changes in the crime rate, but rather reflects changes in public policy, pa… Dec. 1, 2008 http://scholarship.law.wm.edu/...

Docket

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

Last updated May 19, 2022, 11:34 p.m.

ECF Number Description Date Link
1028

COMPLAINT against DISTRICT OF COLUMBIA,et al. filed by JOY EVANS, VENITA FELTON, CHRISTINE EXTON, JOSEPH SCATES, WILLIAM BROWN.(jeb, ) (Entered: 10/23/2008)

Feb. 23, 1976 PACER
1

NOTICE OF FILING by intervenor-plaintiff USA of report to the court; Exhibits(2) (ted) (Entered: 05/12/1995)

May 5, 1995 PACER
1608

ALL PLEADINGS FILED PRIOR TO 5/5/95 WILL BE ON THE PAPER DOCKET (ted) (bj). (Entered: 05/12/1995)

May 5, 1995
2

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)

May 9, 1995 PACER
3

FINDINGS OF FACT and Conclusions of Law filed by plaintiffs . (ted) (Entered: 05/30/1995)

May 26, 1995 PACER
5

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)

June 5, 1995 PACER
6

OBJECTIONS by defendant MARION BARRY, defendant DC to findings of fact [3-1] (ted) (Entered: 06/06/1995)

June 5, 1995 PACER
4

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)

June 6, 1995 PACER
9

TRANSCRIPT filed for date(s) of 5/12/95. Reporter: Christi Macri (bjl) (Entered: 06/16/1995)

June 9, 1995 PACER
7

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)

June 13, 1995 PACER
8

MONITOR'S REPORT (bjl) (Entered: 06/15/1995)

June 13, 1995 PACER
10

TRANSCRIPT of hearing before Judge Oliver Gasch filed for date of 6/13/95. Reporter: Laura M. Beasley. (tth) (Entered: 06/19/1995)

June 16, 1995 PACER
11

NOTICE OF FILING by defendant DC of submission to the court; Attachments(3) (ted) (Entered: 06/28/1995)

June 23, 1995 PACER
12

TRANSCRIPT filed for date(s) of 4/20/95. Reporter: Santa Zizzo (ted) (Entered: 06/30/1995)

June 29, 1995 PACER
13

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)

July 10, 1995 PACER
14

NOTICE OF FILING by intervenor-plaintiff USA of response to appointment of Margaret G. Farrell as special master. (ted) (Entered: 08/01/1995)

July 31, 1995 PACER
15

NOTICE OF FILING by defendant MARION BARRY, defendant DC of report to court regarding appointment of special master. (ted) (Entered: 08/01/1995)

July 31, 1995 PACER
16

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)

Sept. 21, 1995 PACER
17

FINDINGS OF FACT and Conclusions of Law . (fle) (Entered: 10/13/1995)

Oct. 11, 1995 PACER
18

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)

Oct. 11, 1995 PACER
19

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)

Oct. 20, 1995 PACER
20

MOTION filed by intervenor-plaintiff USA to remedy defendants' ongoing comtempt, and for emergency injunctive relief ; Attachments (4) (blj) (Entered: 10/27/1995)

Oct. 26, 1995 PACER
21

TRANSCRIPT of motions hearing before Judge Harris filed for date of 10/20/95. Reporter: Robert M. Weber (bjsp) (Entered: 10/31/1995)

Oct. 30, 1995 PACER
23

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)

Nov. 2, 1995 PACER
22

MOTION filed by plaintiffs to remedy defendants' continuing contempt (ks) (Entered: 11/06/1995)

Nov. 3, 1995 PACER
24

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)

Nov. 7, 1995 PACER
25

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)

Nov. 14, 1995 PACER
26

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)

Nov. 14, 1995 PACER
27

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)

Nov. 22, 1995 PACER
28

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)

Nov. 22, 1995 PACER
29

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)

Nov. 28, 1995 PACER
30

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)

Nov. 30, 1995 PACER
31

TRANSCRIPT filed for hearing before Judge Harris for date of 11/24/95. Reporter: Robert M. Weber (mlp) (Entered: 12/07/1995)

Dec. 7, 1995 PACER
32

TRANSCRIPT filed for hearing before Judge Harris for date of 11/28/95. Reporter: Robert M. Weber (mlp) (Entered: 12/07/1995)

Dec. 7, 1995 PACER
33

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)

Dec. 20, 1995 PACER
34

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)

Dec. 21, 1995 PACER
35

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)

Dec. 21, 1995 PACER
36

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)

Dec. 22, 1995 PACER
38

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)

Dec. 29, 1995 PACER
37

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)

Jan. 2, 1996 PACER
39

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)

Jan. 5, 1996 PACER
40

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)

Jan. 11, 1996 PACER
41

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)

Jan. 19, 1996 PACER
42

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)

Jan. 19, 1996 PACER
45

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)

Jan. 22, 1996 PACER
46

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)

Jan. 23, 1996 PACER
47

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)

Jan. 23, 1996 PACER
48

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)

Jan. 23, 1996 PACER
43

MOTION filed by intervenor-plaintiff USA for hearing on defendants' continuing non-compliance ; attachment (mlp) (Entered: 01/25/1996)

Jan. 24, 1996 PACER
44

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)

Feb. 1, 1996 PACER
50

RESPONSE by intervenor-plaintiff USA to special master order of findings and recommendations [49-2] (mlp) (Entered: 02/12/1996)

Feb. 8, 1996 PACER
51

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)

Feb. 8, 1996 PACER
49

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)

Feb. 9, 1996 PACER
53

RESPONSE by defendant MARION BARRY, defendant DC to order dated 2/1/96 [44-1]; attachments (2) (mlp) (Entered: 02/12/1996)

Feb. 9, 1996 PACER
52

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)

Feb. 12, 1996 PACER
54

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)

Feb. 13, 1996 PACER
55

OBJECTIONS by defendant MARION BARRY, defendant DC to special master's January, 1996 Report [49-2]; attachments (mlp) (Entered: 02/16/1996)

Feb. 15, 1996 PACER
56

RESPONSE by defendant MARION BARRY, defendant DC to order [44-1]; attachments (5) (mlp) (Entered: 02/20/1996)

Feb. 16, 1996 PACER
58

LETTER from Joseph V. Brady to Margaret Farrell, copy sent to Judge Harris, fiat 3/11/96 (lpp) (Entered: 03/19/1996)

March 5, 1996 PACER
57

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)

March 11, 1996 PACER
59

LETTER from Karen Clay, Court Monitor, to Judge Harris, dated 3/5/96, Re: Continued Payment Issues, Exhibit (2) (lpp) (Entered: 03/19/1996)

March 11, 1996 PACER
60

STATUS REPORT by special master: Activities and Expenses for February 1996, attachments, fiat (lpp) (Entered: 03/19/1996)

March 11, 1996 PACER
61

STATUS REPORT by special master Margaret G. Farrell of activities and expenses for March, 1996; (fiat) Harris,J. (emh) (Entered: 04/16/1996)

April 15, 1996 PACER
62

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)

April 15, 1996 PACER
63

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)

May 9, 1996 PACER
64

NOTICE OF FILING by special master Margaret G. Farrell of activities and expenses for April 1996, fiat (lpp) (Entered: 05/16/1996)

May 13, 1996 PACER
65

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)

May 15, 1996 PACER
66

LETTER to Mr. Williams dated 5/16/96 from Richard C. Birkel in re: no payments received yet;(fiat) (emh) (Entered: 05/23/1996)

May 21, 1996 PACER
67

NOTICE OF FILING by special master Margaret G. Farrell of Activities and Expenses for May, 1996;(fiat)Harris,J. (emh) (Entered: 06/18/1996)

June 17, 1996 PACER
68

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)

June 17, 1996 PACER
69

LETTER dated 5/30/96 to Mr. Williams in re: payment of money;(fiat) Harris,J. (emh) (Entered: 06/24/1996)

June 21, 1996 PACER
71

OBJECTIONS by defendant MARION BARRY, defendant DC to the special master's supplemental report of June, 1996 (st) (Entered: 07/17/1996)

July 2, 1996 PACER
70

RESPONSE (OPPOSITIONS) by intervenor-plaintiff USA to to file notice [67-1] by Margaret G. Farrell, attachments (7) (lpp) (Entered: 07/15/1996)

July 12, 1996 PACER
72

NOTICE by special master Margaret G. Farrell of activities and expenses for June 1996; (fiat) Harris,J. (emh) (Entered: 07/18/1996)

July 17, 1996 PACER
73

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)

July 17, 1996 PACER
74

ORDER by Judge Stanley S. Harris : adopting proposed findings of fact of special master. (N) (emh) (Entered: 08/07/1996)

Aug. 2, 1996 PACER
75

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)

Aug. 2, 1996 PACER
76

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)

Aug. 20, 1996 PACER
77

NOTICE by special master Margaret G. Farrell of activities and expenses for July, 1996;(fiat)Harris,J. (emh) (Entered: 08/23/1996)

Aug. 21, 1996 PACER
78

RESPONSE by defendant MARION BARRY, defendant DC to order in re submission to the Court. [75-1] (st) (Entered: 10/01/1996)

Sept. 30, 1996 PACER
79

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)

Oct. 1, 1996 PACER
80

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)

Oct. 8, 1996 PACER
81

NOTICE OF FILING by special master Margaret G. Farrell of Activities and Expenses for September 1996; (fiat)Harris,J. (emh) (Entered: 10/24/1996)

Oct. 23, 1996 PACER
82

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)

Oct. 23, 1996 PACER
83

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)

Oct. 25, 1996 PACER
84

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)

Oct. 29, 1996 PACER
85

NOTICE OF FILING by defendants of their submission to the Court of Exhibits "A" and "B"; Exhibits (2). (ks) (Entered: 11/01/1996)

Oct. 31, 1996 PACER
86

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)

Oct. 31, 1996 PACER
87

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)

Nov. 5, 1996 PACER
98

REPORT by defendant DC (st) (Entered: 01/10/1997)

Nov. 8, 1996 PACER
88

NOTICE by special master Margaret G. Farrell of activities and expenses for October, 1996;(fiat) Harris,J. (emh) (Entered: 11/13/1996)

Nov. 12, 1996 PACER
89

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)

Nov. 12, 1996 PACER
90

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)

Nov. 19, 1996 PACER
91

STATUS REPORT by defendant MARION BARRY, defendant DC (st) (Entered: 11/27/1996)

Nov. 25, 1996 PACER
92

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)

Nov. 26, 1996 PACER
93

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)

Dec. 19, 1996 PACER
94

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)

Dec. 20, 1996 PACER
95

SUBMISSION TO THE COURT by defendant MARION BARRY, defendant DC (st) (Entered: 12/24/1996)

Dec. 23, 1996 PACER
96

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)

Jan. 6, 1997 PACER
97

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)

Jan. 6, 1997 PACER

State / Territory: District of Columbia

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

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

District of Columbia, City

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 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

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1978 - 2017

Content of Injunction:

Reasonable Accommodation

Discrimination Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Reporting

Monitor/Master

Recordkeeping

Monitoring

Goals (e.g., for hiring, admissions)

Issues

General:

Assault/abuse by staff

Bathing and hygiene

Classification / placement

Conditions of confinement

Confinement/isolation

Deinstitutionalization/decarceration

Education

Food service / nutrition / hydration

Gay/lesbian/transgender

Habilitation (training/treatment)

Incident/accident reporting & investigations

Individualized planning

Loss or damage to property

Parents (visitation, involvement)

Reasonable Accommodations

Reasonable Modifications

Reassessment and care planning

Recreation / Exercise

Restraints : chemical

Restraints : physical

Sanitation / living conditions

School/University Facilities

School/University policies

Sexual abuse by residents/inmates

Special education

Staff (number, training, qualifications, wages)

Sterilization/sexual rights

Visiting

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Integrated setting

Least restrictive environment

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Dental care

Medical care, general

Medication, administration of

Mental health care, general

Type of Facility:

Government-run