Case: Travis D. v. Eastmont Human Services Center

6:96-cv-00063 | U.S. District Court for the District of Montana

Filed Date: Aug. 23, 1996

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On August 23, 1996, attorneys for the Montana Advocacy Program and the Public Interest Law Center of Philadelphia filed a class action lawsuit in U.S. District Court for the District of Montana, challenging the conditions of treatment of Montanans with developmental disabilities who were being involuntarily confined in state institutions. Plaintiffs' complaint alleged violations of the Americans with 26 Disabilities Act, 42 U.S.C. §12101 et. seq.; Title XIX of the Social Security Act, 28 U.S.C…

On August 23, 1996, attorneys for the Montana Advocacy Program and the Public Interest Law Center of Philadelphia filed a class action lawsuit in U.S. District Court for the District of Montana, challenging the conditions of treatment of Montanans with developmental disabilities who were being involuntarily confined in state institutions. Plaintiffs' complaint alleged violations of the Americans with 26 Disabilities Act, 42 U.S.C. §12101 et. seq.; Title XIX of the Social Security Act, 28 U.S.C. §1396 et. seq.; 42 U.S.C. §1983; and the Fourteenth Amendment to the United States Constitution. Plaintiffs specifically alleged that officials of Montana unnecessarily segregated people with developmental disabilities in state institutions (Montana Developmental Center, Eastmont Human Service Center, Montana State Hospital and Montana Mental Health Nursing Care Center), instead of providing effective, family-sized residential and other services in the community. Plaintiffs sought declaratory and injunctive relief.

Our information about the procedural history of the case is limited to the PACER docket. According to the docket, discovery followed the filing of the action.

On December 21, 1998, the District Court (Judge Charles C. Lovell) ordered that all proceedings be stayed pending the United States Supreme Court's ruling in Olmstead vs. L.C. Cause No. 98-536. The parties subsequently briefed the impact of that decision on the case.

The defendants filed motions to dismiss and for summary judgment. On August 29, 2001, all pending motions were denied as moot as plaintiffs filed an amended complaint.

Judge Charles C. Lovell recused himself from all further proceedings on September 9, 2002. The case was reassigned to Judge Donald W. Molloy.

On November 18, 2002, Judge Molloy granted plaintiffs' motion for class certification, defining the class as consisting of "all those individuals with developmental disabilities who are presently, have been or will be residents of the Montana Developmental Center or Eastmont Human Services Center at any time during the period beginning August 23, 1996 and ending on the date of final adjudication of this matter." Defendants' motions to dismiss were denied.

In July 2003, Judge Donald W. Molloy Case referred the case to Judge Carolyn S. Ostby for consideration of plaintiffs' request for a preliminary injunction and for other pre-trial proceedings.

On September 30, 2003 Judge Ostby denied plaintiffs' motion for preliminary injunction and denied the parties' cross-motions for summary judgment. Thereafter, Judge Ostby ordered the parties to participate in mediation.

Following a mediation conference in January, 2004, the parties settled the case. Judge Ostby preliminarily approved the settlement on February 5, 2004 and after a fairness hearing, issued an order approving the settlement and dismissing the case. On June 21, 2004, the Court issued an Amended Judgment, adopting the terms of Class Action Settlement Agreement as an order of Court and retaining jurisdiction over the case for the limited purpose of enforcing the terms of the settlement.

We have no further information on the matter.

Summary Authors

Dan Dalton (4/17/2007)

People


Judge(s)

Ostby, Carolyn S. (Montana)

Attorneys(s) for Plaintiff

Burnim, Ira Abraham (District of Columbia)

Deola, Linda J. (Montana)

Freed, Alan Jr. (Montana)

Gallagher, Mary (Montana)

Gilhool, Thomas K. (Pennsylvania)

Gran, Judith A. (Pennsylvania)

Larose, Andree (Montana)

Smith, Allen Jr. (Montana)

Attorneys(s) for Defendant

Cater, Russell E. (Montana)

Judge(s)

Ostby, Carolyn S. (Montana)

Attorneys(s) for Plaintiff

Burnim, Ira Abraham (District of Columbia)

Deola, Linda J. (Montana)

Freed, Alan Jr. (Montana)

Gallagher, Mary (Montana)

Gilhool, Thomas K. (Pennsylvania)

Gran, Judith A. (Pennsylvania)

Larose, Andree (Montana)

Smith, Allen Jr. (Montana)

Attorneys(s) for Defendant

Cater, Russell E. (Montana)

Johnson, Paul D. (Montana)

Kradolfer, Kimberly A. (Montana)

Lund, Cary B. (Montana)

Orr, Katherine J. (Montana)

Seifert, Joseph (Montana)

Documents in the Clearinghouse

Document

Docket (PACER)

July 1, 2004 Docket
1

Complaint

Aug. 23, 1996 Complaint

Correspondence

Jan. 23, 1997 Correspondence

Fact Sheet

None Other

Docket

Last updated May 13, 2022

Docket sheet not available via the Clearinghouse.

State / Territory: Montana

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Aug. 23, 1996

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals with developmental disabilities who are presently, have been or will be residents of the Montana Developmental Center or Eastmont Human Services Center at any time during the period beginning August 23, 1996 until final adjudication.

Attorney Organizations:

Bazelon Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Montana Department of Public Health and Human Services, State

Montana Developmental Center, State

Montana Developmental Center (Boulder), State

Montana Mental Health Nursing Care Center, State

Montana State Hospital , State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Social Security (Title XX), 42 U.S.C. §§ 1397 et seq.

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2004 - 2004

Content of Injunction:

Preliminary relief denied

Issues

General:

Classification / placement

Confinement/isolation

Deinstitutionalization/decarceration

Education

Individualized planning

Special education

Disability:

Integrated setting

Least restrictive environment

Mental Disability:

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Type of Facility:

Government-run