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On May 17, 1995, the United States Department of Justice Civil Rights Division sent letters to the governor of Florida, the Secretary of the United States Department of Health and Human Services, and the Secretary of the United States Department of Education informing them of the DOJ's intent to investigate conditions at Landmark Learning Center and G. Pierce Wood Memorial Hospital pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq. The DOJ indicated that the purpose of their investigation was to determine whether the constitutional rights of the residents at these facilities had been violated. The DOJ was specifically concerned about allegations concerning abuse and neglect of residents, inadequate medical and psychiatric care, failure to provide residents with adequate training programs, and failure to provide services to residents in the least separate, most integrated setting.
On June 14, 1996, the DOJ issued a second letter to the governor of Florida to report the findings of its investigation. The DOJ noted the following constitutional violations: inadequate training programs, inadequate behavioral programs, inadequate psychiatric care and services, inadequate nursing plans, inadequate nutrition management, and inadequate occupational and physical therapy services.
The DOJ listed as minimal remedial measures that the State must provide services in the most integrated setting appropriate to the needs of residents, provide individualized behavior programs and services, develop and implement an individualized skills training program for each resident, provide adequate psychiatric and mental health services, provide adequate nursing care, provide adequate nutrition especially to those at risk of aspirating and those with feeding and swallowing problems, provide appropriate physical, occupational, and communication therapy, and ensure that the facility employs an adequate number of professional and non-professional staff. We have no further information concerning the correspondence between the DOJ and the State of Florida regarding this matter.
Summary Authors
Emilee Baker (7/25/2006)
Johnson & U.S. v. Florida, Middle District of Florida (1987)
Davis, Tawana E. (District of Columbia)
Frohboese, Robinsue (District of Columbia)
Lindsay, Terry (Florida)
Maddox, William G. (District of Columbia)
Patrick, Deval L. (District of Columbia)
Last updated Aug. 30, 2023, 2:43 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Florida
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
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Case Details
Causes of Action:
Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General:
Food service / nutrition / hydration
Jails, Prisons, Detention Centers, and Other Institutions:
Assault/abuse by staff (facilities)
Disability and Disability Rights:
Medical/Mental Health:
Type of Facility: