Case: CRIPA Investigation, Landmark Learning Center, Opa-Locka (FL)

No Court

Filed Date: May 17, 1995

Clearinghouse coding complete

Case Summary

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 indicate…

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)

Related Cases

Johnson & U.S. v. Florida, Middle District of Florida (1987)

People


Attorneys(s) for Plaintiff

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)

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

Reno, Janet (District of Columbia)

Seigel, Michael L. (Florida)

Zimmerman, Warren A. (Florida)

Attorneys(s) for Plaintiff

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)

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

Reno, Janet (District of Columbia)

Seigel, Michael L. (Florida)

Zimmerman, Warren A. (Florida)

Documents in the Clearinghouse

Document

Memorandum re: Proposal of CRIPA Investigation of Landmark Learning Center, Opa-Locka, Florida and Pierce Wood Memorial Hospital, Arcadia, Florida

CRIPA Investigation

March 23, 1995

March 23, 1995

Justification Memo

Notice Letter re: CRIPA Investigation of Landmark Learning Center, Opa-Locka, Florida and Pierce Wood Memorial Hospital, Arcadia, Florida

CRIPA Investigation

May 17, 1995

May 17, 1995

Notice Letter

Findings Letter re: CRIPA Investigation of Landmark Learning Center in Opa-Locka, Florida

CRIPA Investigation

June 14, 1996

June 14, 1996

Findings Letter/Report

8:87-cv-00369

Complaint in Intervention

U.S. v. Florida

U.S. District Court for the Middle District of Florida

April 2, 1998

April 2, 1998

Complaint

Resources

Docket

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

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Florida

Case Type(s):

Intellectual Disability (Facility)

Key Dates

Filing Date: May 17, 1995

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

Florida (Opa-Locka), State

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Special Case Type(s):

Out-of-court

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Unknown

Source of Relief:

Unknown

Issues

General:

Assault/abuse by staff

Communication skills

Food service / nutrition / hydration

Neglect by staff

Disability:

Integrated setting

Least restrictive environment

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run