Case: S.H. v. Edwards

1:81-cv-00877 | U.S. District Court for the Northern District of Georgia

Filed Date: May 11, 1981

Closed Date: 1993

Clearinghouse coding complete

Case Summary

On May 11, 1981, two residents of the Gracewood State School and Hospital filed a class action lawsuit under 42 U.S.C. § 1983, the Rehabilitation Act (29 U.S.C. § 794), and state law against the state of Georgia in the U.S. District Court for the Northern District of Georgia. The plaintiffs, represented by Georgia Legal Services and the Atlanta Legal Aid Society, and alleged that their constitutional rights had been violated because they had been denied access to due process hearing procedures…

On May 11, 1981, two residents of the Gracewood State School and Hospital filed a class action lawsuit under 42 U.S.C. § 1983, the Rehabilitation Act (29 U.S.C. § 794), and state law against the state of Georgia in the U.S. District Court for the Northern District of Georgia. The plaintiffs, represented by Georgia Legal Services and the Atlanta Legal Aid Society, and alleged that their constitutional rights had been violated because they had been denied access to due process hearing procedures, which would determine their need for community placement or continued hospitalization. The class consisted of residents of the Gracewood State School and Hospital.

On April 10, 1987, the district court dismissed the plaintiffs' state law claims, granted summary judgment to the defendants on the issue of a right to community rehabilitation and on all claims under the Rehabilitation Act. The court then granted summary judgment to the plaintiffs on the state law claim of a right to a continued rehabilitation review procedure. Both parties appealed. On November 28, 1988, the U.S. Court of Appeals for the Eleventh Circuit (Judge Peter Thorp Fay, Judge Thomas Alonzo Clark, and Judge Jose Alejandro Gonzalez, Jr.) issued a per curiam opinion affirming the district court's decision. S.H. v. Edwards, 860 F.2d 1045 (11th Cir. 1988). The defendants requested a rehearing en banc, and on January 9, 1989, the Eleventh Circuit denied that request. S.H. v. Edwards, 866 F.2d 1420 (11th Cir. 1989). The defendants appealed. On June 19, 1989, the U.S. Supreme Court denied the petition for writ of certiorari. S.H. v. Edwards, 491 U.S. 905 (1989).

On July 31, 1989, the Eleventh Circuit reconsidered their refusal to rehear the case en banc, and issued an order that the case would be reheard with oral arguments. S.H. v. Edwards, 880 F.2d 1203 (11th Cir. 1989). On September 28, 1989, the court clarified that the only claim that would be considered by the en banc session would be the plaintiffs' claims for relief in the nature of rehabilitation in the least restrictive environment in accordance with the recommendation of professional treatment staff. S.H. v. Edwards, 886 F.2d 292 (11th Cir. 1989).

On October 26, 1989, the Eleventh Circuit issued an en banc ruling affirming the ruling of the district court. According to the docket, there was no activity on this case for several years, and on February 1, 1993, the district court dismissed the case with prejudice by consent of all parties.

Summary Authors

Kristen Sagar (8/17/2006)

People


Judge(s)

Anderson, Robert Lanier III (Georgia)

Clark, Thomas Alonzo (Georgia)

Cox, Emmett Ripley (Alabama)

Edmondson, James Larry (Georgia)

Fay, Peter Thorp (Florida)

Gonzalez, Jose Alejandro Jr. (Florida)

Hatchett, Joseph Woodrow (Florida)

Hill, Robert Andrews (Mississippi)

Johnson, Frank Minis Jr. (Alabama)

Kravitch, Phyllis A. (Georgia)

Judge(s)

Anderson, Robert Lanier III (Georgia)

Clark, Thomas Alonzo (Georgia)

Cox, Emmett Ripley (Alabama)

Edmondson, James Larry (Georgia)

Fay, Peter Thorp (Florida)

Gonzalez, Jose Alejandro Jr. (Florida)

Hatchett, Joseph Woodrow (Florida)

Hill, Robert Andrews (Mississippi)

Johnson, Frank Minis Jr. (Alabama)

Kravitch, Phyllis A. (Georgia)

Roney, Paul Hitch (Florida)

Tjoflat, Gerald Bard (Florida)

Vance, Robert Smith (Alabama)

Ward, Horace Taliaferro (Georgia)

Attorneys(s) for Plaintiff

Cromartie, John L. Jr. (Georgia)

Holmen, Phyllis J. (Georgia)

Kurs, Michael Alan (Georgia)

Sokol, Howard G. (Georgia)

Zimring, Jonathan A. (Georgia)

Attorneys(s) for Defendant

Cosgrove, Carol Atha (Georgia)

Davis, Jefferson James (Georgia)

Egan, Vivian Davidson (Georgia)

Other Attorney(s)

Ferleger, David (Pennsylvania)

Gran, Judith A. (Pennsylvania)

Nelson, Alice K. (Florida)

Schwartz, Steven J. (Massachusetts)

Siegel, Jodi (Florida)

Expert/Monitor/Master

Remar, Robert B. (Georgia)

Documents in the Clearinghouse

Document

Docket [PACER]

June 23, 1993 Docket

Reported Opinion

U. S. Court of Appeals for the Eleventh Circuit

860 F.2d 1045

Nov. 28, 1988 Order/Opinion

Denial of Rehearing En Banc

U. S. Court of Appeals for the Eleventh Circuit

866 F.2d 1420

Jan. 9, 1989 Order/Opinion

Memorandum Decision

Supreme Court of the United States

491 U.S. 905, 109 S.Ct. 3187, 105 L.Ed.2d 696

June 19, 1989 Order/Opinion

Reported Opinion

U. S. Court of Appeals for the Eleventh Circuit

880 F.2d 1203

July 31, 1989 Order/Opinion

Opinion

U. S. Court of Appeals for the Eleventh Circuit

886 F.2d 292

Sept. 28, 1989 Order/Opinion

Docket

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

ECF Number Description Date Link

Calendar on en banc hearing for 9/26/89; Court of Appeals notice of appeal & dkt entries [8-0] (bh) (Entered: 09/11/1989)

Aug. 28, 1989

Transmitted supplemental record on appeal consistings of 13 vols of depo, one vol of Exhibit G (affidavit) and 2 vols of exhibits in support of motion for partial summary judgment, records picked up D. Maland. ack (er) (Entered: 09/25/1989)

Sept. 25, 1989
32

Certified copy of JUDGMENT OF REHEARING AND SUGGESTION OF REHEARING ENBANC OF USCA AFFIRMING judgment of this court, cc. (record returned) (bh) (Entered: 10/30/1989)

Oct. 26, 1989

Sealed material returned to sealed room. (bh) (Entered: 10/30/1989)

Oct. 30, 1989

Return of appeal judgment [32-1] as to Jonathan A. Zimring. (bh) (Entered: 12/06/1989)

Nov. 27, 1989

Proposed order to Judge Horace T. Ward in re returning sealed/confidential matters. (mh) (Entered: 12/28/1990)

Dec. 26, 1990
33

ORDER directing clerk to return all sealed matters to filing party (plaintiffs) by Judge Horace T. Ward, cc (bh) (Entered: 01/09/1991)

Jan. 4, 1991

This order [33-1] is temporarily moot, letter came in from pla's counsel and said that there were some outstanding issues remaining in this case, I called atty, Zimring and informed him that the case had no action in it since 10/26/89 and that he should forward to us a status report on the remaining outstanding issues. I then called Patsy, she instructed me to send to Pat Hooks a copy of the docket to review, forwarded docket. (bh) (Entered: 01/11/1991)

Jan. 11, 1991
34

Notice of filing status report to trial court by plaintiff P. F., plaintiff S. H. (bh) (Entered: 02/05/1992)

Feb. 4, 1992
35

MOTION by plaintiff P. F., plaintiff S. H. for substitution of guardian ad litem with brief in support and declaration. (bh) (Entered: 02/10/1992)

Feb. 7, 1992

SUBMITTED on motion for substitution of guardian ad litem by S. H., P. F. [35-1] to Judge Horace T. Ward . (bh) (Entered: 03/09/1992)

March 9, 1992
36

ORDER GRANTING motion for substitution of guardian ad litem by S. H., P. F. [35-1]; appoint Patricia M. Smith as guardian ad litem for pla by Judge Horace T. Ward, cc (bh) (Entered: 04/07/1992)

April 7, 1992

Return of order [36-1] as to Vivian Davidson Egan, forwarded order expired. (bh) (Entered: 04/14/1992)

April 13, 1992
37

VOLUNTARY DISMISSAL w/prejudice by plas of all claims. (km) (Entered: 03/10/1993)

Feb. 1, 1993

Sealed/Confidential matters returned to atty P. Holmen (pursuant to order

June 23, 1993

State / Territory: Georgia

Case Type(s):

Intellectual Disability (Facility)

Key Dates

Filing Date: May 11, 1981

Closing Date: 1993

Case Ongoing: No

Plaintiffs

Plaintiff Description:

residents of the Gracewood State School and Hospital

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Southwestern State Hospital, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Issues

General:

Classification / placement

Deinstitutionalization/decarceration

Habilitation (training/treatment)

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Intellectual disability/mental illness dual diagnosis

Type of Facility:

Government-run