Filed Date: Jan. 28, 1992
Closed Date: 1996
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On January 28, 1992, the United States Department of Justice Civil Rights Division filed a class action lawsuit on behalf of residents at the W.A. Howe Developmental Center pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq. against the State of Illinois and W.A. Howe Developmental Center in the United States District Court for the Northern District of Illinois. The DOJ alleged that the defendants deprived residents of the facility of their constitutional rights, privileges, and immunities and it sought injunctive relief.
The DOJ specifically alleged that defendants subjected residents to unreasonable risks to their personal safety and undue bodily restraint by failing to provide appropriate individualized training and behavioral programs. It was also alleged that the defendants provided inadequate medical care, kept inadequate record review systems, subjected residents to undue bodily restraint by failing to ensure restraints were administered by qualified professionals according to professional judgment, failed to prescribe and administer psychotropic medication safely and pursuant to professional judgment, and failed to employ adequate staff.
On January 4, 1994, the U.S. District Court for the Northern District of Illinois (Judge Paul E. Plunkett) issued a consent decree. The Court ordered that the defendants provide each resident a training program designed to reduce unreasonable risks to personal safety and unreasonable use of bodily restraints. Defendants were also required to ensure that bodily restraints and time out were administered only pursuant to professional judgment. Further, defendants were also required to provide adequate medical care and medical specialty services, ensure that prescription medications were appropriately prescribed and administered, establish and maintain adequate medical records for each resident, and employ adequate staff in ratios set forth in the consent decree.
The Court anticipated that defendants would fully implement the provisions of the consent decree within two years. The Court maintained jurisdiction over this action until all provision were fully implemented and appointed a panel of experts to monitor the defendants' compliance (the monitors appointed were psychology expert Johnny L. Matson, Ph.D., medical expert Robert B. Kugel, M.D., and physical management expert Karen M. Green-McGowan). The docket ends on February 14, 1996 with the Court (Judge Plunkett) entering a minute order granting the Agreed Motion to Terminate Consent Decree and Dismiss Case.
Summary Authors
Emilee Baker (7/25/2006)
Plunkett, Paul Edward (Illinois)
Barr, William P. (District of Columbia)
Chen, Pamela K. (District of Columbia)
Dunne, John R. (District of Columbia)
Fitzgerald, Patrick J. (Illinois)
Foreman, Fred (Illinois)
Peabody, Arthur E. Jr. (District of Columbia)
Perez, Thomas E. (District of Columbia)
Preston, Judith (Judy) C. (District of Columbia)
Reynolds, William Bradford (District of Columbia)
Plunkett, Paul Edward (Illinois)
Barr, William P. (District of Columbia)
Chen, Pamela K. (District of Columbia)
Dunne, John R. (District of Columbia)
Fitzgerald, Patrick J. (Illinois)
Foreman, Fred (Illinois)
Peabody, Arthur E. Jr. (District of Columbia)
Perez, Thomas E. (District of Columbia)
Preston, Judith (Judy) C. (District of Columbia)
Reynolds, William Bradford (District of Columbia)
Schoen, Benjamin P. (District of Columbia)
Stern, Robert H. (District of Columbia)
Stutman, Edward A. (Pennsylvania)
Turner, James P. (District of Columbia)
Brummet, Delilah (Illinois)
Hartigan, Neil F. (Illinois)
Katten, Mitchell Bruce (Illinois)
Montana, James S. Jr. (Illinois)
Sullivan, Marita Clare (Illinois)
Valukas, Anton R. (Illinois)
Last updated May 12, 2022, 8 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Illinois
Case Type(s):
Intellectual Disability (Facility)
Key Dates
Filing Date: Jan. 28, 1992
Closing Date: 1996
Case Ongoing: No
Plaintiffs
Plaintiff Description:
United States Department of Justice
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
W.A. Howe Developmental Center (Tinley Park), State
Case Details
Causes of Action:
Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Availably Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 1994 - 1996
Issues
General:
Incident/accident reporting & investigations
Staff (number, training, qualifications, wages)
Medical/Mental Health:
Type of Facility: