Case: United States v. State of Rhode Island

1:24-cv-00531 | U.S. District Court for the District of Rhode Island

Filed Date: Dec. 19, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about community-based services for children with disabilities. On December 19, 2024, the United States of America (“United States”) sued the State of Rhode Island under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act in the U.S. District Court for the District of Rhode Island. The US alleged that Rhode Island failed to sufficiently provide community-based services for children with disabilities and caused them to be unnecessarily hospital…

This is a case about community-based services for children with disabilities. On December 19, 2024, the United States of America (“United States”) sued the State of Rhode Island under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act in the U.S. District Court for the District of Rhode Island. The US alleged that Rhode Island failed to sufficiently provide community-based services for children with disabilities and caused them to be unnecessarily hospitalized. The United States sought a declaratory judgment and an injunction. The complaint alleged that community-based services were appropriate for the majority of children with behavioral health disabilities in the custody of the state, and that Rhode Island could make reasonable changes to reduce the number and length of hospitalizations, as well as provide more family home setting services.

On December 19, 2024, the US filed a proposed consent decree with the court to resolve the matter. On January 7, 2025, Judge John McConnell approved the consent decree. The consent decree included a plan to transition children with behavioral disabilities who had been hospitalized to family settings with community-based services, as well as measures to prevent unnecessary extended hospital stays. The consent decree described particular areas of focus, including identifying children with behavioral disabilities in state custody who were hospitalized or at risk of hospitalization, conducting behavioral health assessments, transferring children to integrated settings, developing individualized service plans or ongoing family functional assessment and service plans, and ensuring access to community-based services. The parties agreed that a monitor would ensure Rhode Island complied with the decree and submit reports; Elizabeth Manley was appointed as the monitor. The state also agreed to perform an analysis of its children's behavioral health service system and create an implementation plan for meeting the goals of the consent decree. The consent decree was set to last for five years, as long as the state achieved compliance and maintained it for a year.

As of May 7, 2025, there have been no further developments, and the decree is presumably still in force.

Summary Authors

Isabel Bysiewicz (1/27/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69481183/parties/united-states-v-state-of-rhode-island/


Judge(s)

McConnell, John James (Rhode Island)

Attorney for Plaintiff

Bolan, Kevin (Rhode Island)

Hubbard, Kevin Love (Rhode Island)

Attorney for Defendant

Arguin, James J. (Rhode Island)

Kidd, Jeff (Rhode Island)

show all people

Documents in the Clearinghouse

Document
1

1:24-cv-00531

Complaint

Dec. 19, 2024

Dec. 19, 2024

Complaint
6

1:24-cv-00531

Consent Decree

Jan. 7, 2025

Jan. 7, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69481183/united-states-v-state-of-rhode-island/

Last updated Aug. 7, 2025, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (No fee paid, USA, Waived by Statute, or IFP.), filed by United States Government. (Attachments: # 1 Civil Cover Sheet)(Romero, Amy) (Entered: 12/19/2024)

Dec. 19, 2024

Dec. 19, 2024

Clearinghouse

Case Assigned/Reassigned

Dec. 19, 2024

Dec. 19, 2024

PACER
2

Joint MOTION to Approve Consent Judgment filed by United States Government. Responses due by 1/2/2025. (Attachments: # 1 Supporting Memorandum, # 2 Exhibit Proposed Consent Decree, # 3 Certificate of Service)(Romero, Amy) (Entered: 12/19/2024)

Dec. 19, 2024

Dec. 19, 2024

PACER
3

NOTICE of Appearance by James J. Arguin on behalf of State of Rhode Island (Arguin, James) (Entered: 12/19/2024)

Dec. 19, 2024

Dec. 19, 2024

PACER
4

NOTICE of Appearance by Jeff Kidd on behalf of State of Rhode Island (Kidd, Jeff) (Entered: 12/19/2024)

Dec. 19, 2024

Dec. 19, 2024

PACER

Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Lincoln D. Almond. (Gonzalez Gomez, Viviana)

Dec. 19, 2024

Dec. 19, 2024

PACER
5

CASE OPENING NOTICE ISSUED (Gonzalez Gomez, Viviana) (Entered: 12/19/2024)

Dec. 19, 2024

Dec. 19, 2024

PACER
6

CONSENT DECREE ENTERED AND ORDER granting 2 Motion to Approve Consent Judgment. So Ordered by Chief Judge John J. McConnell, Jr. on 1/7/2025. (Jackson, Ryan) (Entered: 01/07/2025)

Jan. 7, 2025

Jan. 7, 2025

Clearinghouse
7

Joint MOTION to Appoint Elizabeth Manley as Monitor filed by United States of America. Responses due by 1/21/2025. (Attachments: # 1 Exhibit Elizabeth Manley CV)(Romero, Amy) (Entered: 01/07/2025)

Jan. 7, 2025

Jan. 7, 2025

PACER

Notice of Hearing (Form Attached)

Jan. 22, 2025

Jan. 22, 2025

PACER

NOTICE of Hearing: In Chambers Meeting with Proposed Monitor (Elizabeth Manley) and counsel scheduled for Thursday 1/30/2025 at 10:30 AM in Chambers before Chief Judge John J. McConnell, Jr. (Jackson, Ryan)

Jan. 22, 2025

Jan. 22, 2025

PACER

Order on Motion for Miscellaneous Relief

Jan. 30, 2025

Jan. 30, 2025

PACER

TEXT ORDER granting 7 Joint MOTION to Appoint Elizabeth Manley as Monitor: Elizabeth Manley is hereby appointed as Monitor under the Consent Decree. So Ordered by Chief Judge John J. McConnell, Jr. on 1/30/2025. (Jackson, Ryan)

Jan. 30, 2025

Jan. 30, 2025

PACER
8

Joint MOTION FOR ORDER AUTHORIZING BRADLEY HOSPITAL TO DISCLOSE INFORMATION TO THE COURT-APPOINTED MONITOR PURSUANT TO SECTION XII OF THE CONSENT DECREE re: 6 Order on Motion to Approve Consent Judgment filed by State of Rhode Island. Responses due by 3/12/2025. (Arguin, James) (Entered: 02/26/2025)

Feb. 26, 2025

Feb. 26, 2025

PACER

Order on Motion for Miscellaneous Relief

Feb. 28, 2025

Feb. 28, 2025

PACER

TEXT ORDER granting 8 Joint MOTION AUTHORIZING BRADLEY HOSPITAL TO DISCLOSE INFORMATION TO THE COURT-APPOINTED MONITOR PURSUANT TO SECTION XII OF THE CONSENT DECREE re: 6 Order on Motion to Approve Consent Judgment. So Ordered by Chief Judge John J. McConnell, Jr. on 2/28/2025. (Jackson, Ryan)

Feb. 28, 2025

Feb. 28, 2025

PACER
9

MOTION to Withdraw as Attorney filed by United States of America. Responses due by 3/25/2025. (Romero, Amy) (Entered: 03/11/2025)

March 11, 2025

March 11, 2025

PACER
10

NOTICE of Appearance by Kevin Love Hubbard on behalf of United States of America (Hubbard, Kevin) (Entered: 03/11/2025)

March 11, 2025

March 11, 2025

PACER
11

NOTICE of Appearance by Kevin Bolan on behalf of United States of America (Bolan, Kevin) (Entered: 03/11/2025)

March 11, 2025

March 11, 2025

PACER
12

MOTION to Withdraw 10 Notice of Appearance filed by United States of America. Responses due by 3/25/2025. (Hubbard, Kevin) (Entered: 03/11/2025)

March 11, 2025

March 11, 2025

PACER

Order on Motion to Withdraw

March 12, 2025

March 12, 2025

PACER

Order on Motion to Withdraw as Attorney

March 12, 2025

March 12, 2025

PACER

TEXT ORDER granting 9 Motion to Withdraw as Attorney. Attorney Amy Retsinas Romero terminated. So Ordered by Chief Judge John J. McConnell, Jr. on 3/12/2025. (Jackson, Ryan)

March 12, 2025

March 12, 2025

PACER

TEXT ORDER granting 12 Motion to Withdraw Attorney Kevin Love Hubbard. So Ordered by Chief Judge John J. McConnell, Jr. on 3/12/2025. (Jackson, Ryan)

March 12, 2025

March 12, 2025

PACER
13

RI Consent Decree Monitoring Plan May 2025 (Jackson, Ryan) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

RECAP

Case Details

State / Territory: Rhode Island

Case Type(s):

Disability Rights

Child Welfare

Key Dates

Filing Date: Dec. 19, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

United States of America

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

State of Rhode Island, State

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Reporting

Monitor/Master

Monitoring

Order Duration: 2025 - None

Issues

General/Misc.:

Government services

Juveniles

Rehabilitation

Disability and Disability Rights:

Integrated setting

Intellectual/developmental disability, unspecified

Mental Illness, Unspecified

Mental impairment

Reasonable Modifications

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in mental health facilities

Medical/Mental Health Care:

Intellectual/Developmental Disability