Case: Thomas S. v. Flaherty

3:82-cv-00418 | U.S. District Court for the Western District of North Carolina

Filed Date: July 7, 1982

Closed Date: 1998

Clearinghouse coding complete

Case Summary

On July 7, 1982, a mentally disabled ward of the state of North Carolina, filed a lawsuit under 42 U.S.C. § 1983 against the State of North Carolina in the U.S. District Court for the Western District of North Carolina. The plaintiff alleged that the defendants violated his constitutional rights by denying him treatment of his mental disabilities (intellectual disabilities and schizophrenia) in a less restrictive, more community-based setting. On May 26, 1983, the parties agreed to a special …

On July 7, 1982, a mentally disabled ward of the state of North Carolina, filed a lawsuit under 42 U.S.C. § 1983 against the State of North Carolina in the U.S. District Court for the Western District of North Carolina. The plaintiff alleged that the defendants violated his constitutional rights by denying him treatment of his mental disabilities (intellectual disabilities and schizophrenia) in a less restrictive, more community-based setting.

On May 26, 1983, the parties agreed to a special treatment plan which provided appropriate community-based treatment for the plaintiff until March 1, 1984. That agreement was incorporated into a judgment by the court, and the court deferred ruling on all the parties' motions for summary judgment, designating the case as inactive until February 1, 1984. During the interim, the plaintiff was shifted to three additional placements. The defendants eventually placed him in the Gaston County detoxification facility because they had no other place for him to live.

On September 18, 1984, the court (Judge James Bryan McMillan) granted summary judgment to the plaintiff on his constitutional claims. The court held that the defendants, who had been appointed guardians of the plaintiff, were charged with the responsibility, under the Fourteenth Amendment to the U.S. Constitution, to ensure that legitimate restraints placed on the plaintiff were no more restrictive than necessary. Thomas S. by Brooks v. Morrow, 601 F.Supp. 1055 (W.D.N.C. 1984). The defendants appealed.

On December 7, 1984, the district court permitted the intervention of four additional plaintiffs and certified them as a class. However, the court stayed further litigation on behalf of the intervening plaintiffs and class members pending the outcome of the defendants' appeal. On January 9, 1986, the U.S. Court of Appeals for the Fourth Circuit (Judge John Decker Butzner, Jr.) affirmed the district court's decision. Thomas S. v. Morrow, 781 F.2d 367 (4th Cir. 1986). The defendants appealed that decision, and on May 19, 1986, the U.S. Supreme Court declined to hear the appeal. Kirk v. Thomas S., 476 U.S. 1124 (1986).

On November 21, 1988, following trial, the district court (Judge McMillan) held that the defendants had violated the due process rights of the members of the plaintiff class. The court held that the plaintiffs had a constitutional right to live in a minimally adequate habilitation in a safe environment, free from undue bodily restraint. Thomas S. by Brooks v. Flaherty, 699 F.Supp. 1178 (W.D.N.C. 1988). The defendants appealed. On May 23, 1990, the U.S. Court of Appeals for the Fourth Circuit (Judge Butzner) affirmed the district court's decision. Thomas S. by Brooks v. Flaherty, 902 F.2d 250 (4th Cir. 1990). The defendants appealed. On October 29, 1990, the U.S. Supreme Court declined to hear the appeal. Flaherty v. Thomas S., 498 U.S. 951 (1990).

Several years later, the defendants asked the court to narrow the plaintiff class to include only those "treated clinically as mentally retarded." The district court (Judge McMillan) declined to narrow the class in that manner, and the defendants appealed. On July 15, 1993, the U.S. Court of Appeals for the Fourth Circuit issued a per curiam opinion affirming the district court's ruling. Thomas S. v. Flaherty, No. 93-1018, 1993 WL 264697 (4th Cir. 1993).

The parties continued to litigate regarding attorneys' fees, and on July 27, 1998, the district court closed the case.

Summary Authors

Kristen Sagar (3/28/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10552443/parties/s-v-britt/


Judge(s)

Butzner, John Decker Jr. (Virginia)

Attorney for Plaintiff

Boyles, Scott (North Carolina)

Brooks, Joyce Murphy (North Carolina)

Attorney for Defendant

Ambrose, Bruce S. (North Carolina)

Broome, Dennis L. (North Carolina)

Documents in the Clearinghouse

Documents in this case

3:82-cv-00418

Docket (PACER)

Thomas S. v. Britt

Aug. 13, 1998

Aug. 13, 1998

Docket

3:82-cv-00418

Order

Thomas S. v. Morrow

Sept. 18, 1984

Sept. 18, 1984

Order/Opinion

601 F.Supp. 1055

84-02254

84-02255

Reported Opinion

Thomas S. v. Morrow

U.S. Court of Appeals for the Fourth Circuit

Feb. 19, 1986

Feb. 19, 1986

Order/Opinion

781 F.2d 367

85-01590

[Untitled]

Kirk v. Thomas S.

Supreme Court of the United States

May 19, 1986

May 19, 1986

Order/Opinion

476 U.S. 1124

3:82-cv-00418

Findings of Fact and Conclusions of Law

Nov. 21, 1988

Nov. 21, 1988

Order/Opinion

699 F.Supp. 1178

89-01006

Opinion

U.S. Court of Appeals for the Fourth Circuit

May 23, 1990

May 23, 1990

Order/Opinion

902 F.2d 250

90-00366

Memorandum Decision

Flaherty v. Thomas S.

Supreme Court of the United States

Oct. 29, 1990

Oct. 29, 1990

Order/Opinion

498 U.S. 951

93-01018

Opinion

U.S. Court of Appeals for the Fourth Circuit

July 15, 1993

July 15, 1993

Order/Opinion

998 F.2d 1010

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10552443/s-v-britt/

Last updated July 9, 2026, 5:32 a.m.

ECF Number Date Description Link
Sept. 10, 1993

CASE reassigned to Judge Richard L. Voorhees per instructions from TJM, Clerk (former emp) Modified on 09/10/1993

Sept. 10, 1993

Case file beginning with pleading #348 sent to Asheville Clerk's office (jhg)

Sept. 20, 1993

Received file beginning with pleading #348 in Asheville Clerk's office. (jhg)

365 Sept. 21, 1993

Special Master's Final Decision of THOMAS S. class member R.P.: 275382 Placement Timetable (Case # 93-T-2) (ejb) Modified on 12/13/1993 (Entered: 09/28/1993)

RECAP
366 Sept. 21, 1993

Special Master's Final Decision of THOMAS S. class member D.A.: 450893 Placement Timetable (Case # 93-T-3) (ejb) Modified on 12/13/1993 (Entered: 09/28/1993)

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367 Sept. 21, 1993

Special Master's Final Decision of THOMAS S. class member D.W.: 402562 Placement Timetable (Case # 93-T-5) (ejb) Modified on 12/13/1993 (Entered: 09/28/1993)

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Sept. 21, 1993

Case file sent to Judge Voorhees' office (jhg)

368 Sept. 22, 1993

Focus Class/Evaluation Alternative Test Agreement (ejb) Modified on 12/13/1993 (Entered: 09/28/1993)

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369 Sept. 23, 1993

Special Master's Report and Recommendation re: Identification of Class Members (ejb) Modified on 12/13/1993 (Entered: 09/28/1993)

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370 Sept. 23, 1993

Response by plaintiffs' SECOND RESPONSE to The Master's Report and Recommendation for Judical Action IN RE: C.R. and R.G. (ejb) Modified on 12/13/1993 (Entered: 09/28/1993)

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371 Oct. 1, 1993

Special Master's Final Decision of Thomas S. class member O.S.: 023733 Placement Timtetable (Case #93-T-6) (jhg) Modified on 12/13/1993 (Entered: 10/05/1993)

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372 Oct. 4, 1993

Special Master's Order extending placement date for Thomas S. class member D.M.: 041101 Case No. 93-T-1. Copy returned to Speical Master. (jhg) Modified on 12/13/1993 (Entered: 10/06/1993)

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373 Oct. 21, 1993

Special Master's Final Decision of Thomas s. class membership of T.E.H.: 380242 (Case #92-C-2) (jhg) Modified on 12/13/1993 (Entered: 10/26/1993)

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374 Oct. 25, 1993

MOTION by David H. Flaherty to modify order appointing independent evaluation coordinator (jhg) Modified on 12/13/1993 (Entered: 11/02/1993)

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375 Oct. 25, 1993

Special Master's Amended ORDER in the matter of Placement Timetable for D.A. 450893, Case No. 93-T-3 (jhg) Modified on 12/13/1993 (Entered: 11/02/1993)

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376 Nov. 8, 1993

Special Master's Modified Order, Placement Schedule for D.W.: 402562, Case No. 93-T-5 (jhg) Modified on 12/13/1993 (Entered: 11/17/1993)

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377 Nov. 12, 1993

RESPONSE by Improvement Concept to [374-1] motion to modify order appointing independent evaluation coordinator by David H. Flaherty 11/8/93 (former emp) Modified on 12/13/1993 (Entered: 11/15/1993)

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378 Nov. 12, 1993

Special Master's Supplemental Order, Independent Evaluator Contract for FY 93-94, Case No. 93-A-4 (jhg) Modified on 12/13/1993 (Entered: 11/19/1993)

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379 Nov. 15, 1993

Special Master's Final Decision; Placement Timetaable For S.G.: 277869, Case No. 93-T-4 (jhg) Modified on 12/13/1993 (Entered: 11/19/1993)

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380 Nov. 15, 1993

RESPONSE by Thomas S. in opposition to [374-1] motion to rescind order appointing independent evaluation coordinator as independent evaluator by David H. Flaherty (jhg) Modified on 12/13/1993 (Entered: 11/19/1993)

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381 Nov. 19, 1993

Special Master's Further Modified Order In the Matter of: Placement Schedule For D.W.: 402562, Case No. 93-T-5 (jhg) Modified on 12/13/1993 (Entered: 11/23/1993)

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382 Nov. 29, 1993

Special Master's Final Decision, Placement Timetable For G.H.:285740, Case No. 93-T-14 (jhg) Modified on 12/13/1993 (Entered: 11/30/1993)

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383 Dec. 1, 1993

Special Master's Final Decision, Placement Timetable For: J.M.: 021611, Case No. 93-T-8. (jhg) Modified on 12/13/1993 (Entered: 12/06/1993)

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384 Dec. 2, 1993

Copy of Attorney General's file on plaintiff's challenge to independent evaluation (jhg) Modified on 12/13/1993 (Entered: 12/07/1993)

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385 Dec. 6, 1993

Special Master's Final Decision, Placement Timetable for: E.M.: 048779, Case No. 93-T-7 (jhg) Modified on 12/13/1993 (Entered: 12/10/1993)

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386 Dec. 8, 1993

Special Master's Final Decision, Placement Timetable For: K.B.: 040912, Cases No. 92-E-177 and 93-T-9 (jhg) (Entered: 12/14/1993)

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387 Dec. 10, 1993

Special Master's remark concerning previous pleading filed on December 2, 1993. (jhg) (Entered: 12/16/1993)

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388 Dec. 20, 1993

ORDER that the deft. shall ensure that a program of minimally adequate treatment is made available to pltf. class member R.G.: 120226 in accordance with her approved service plan (Ex. 7 to the Special Master's report and recommendation) within 30 days of the date of this order and that the said R. G. is provided with a safe and secure living environment until such time as a minimally adequate treatment program is made available. Copies mailed to attys. of record. ( signed by Judge Richard L. Voorhees ) (pdf) (Entered: 12/28/1993)

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389 Dec. 20, 1993

ORDER that the deft. provide pltf. class member C.R.: 344404 with a program of minimally adequate treatment outside of Broughton Hospital within 60 days of this order, subject to timely objection, if any, by C.R.'s legal guardian pursuant to the Amended Order of Reference. The 60 day period for compliance with this order shall be stayed during the pendency of any such objection and shall resume thereafter unless the objection is upheld or unless the proposed program for C.R. is substantially altered as a result of such objection, in which case a new compliance period shall be established by the Special Master. Copies mailed to attys. of record. ( signed by Judge Richard L. Voorhees ) (pdf) (Entered: 12/28/1993)

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390 Dec. 20, 1993

ORDER denying [374-1] motion to modify order appointing independent evaluation coordinator. Copies mailed to attys. of record. ( signed by Judge Richard L. Voorhees ) (pdf) Modified on 12/28/1993 (Entered: 12/28/1993)

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391 Dec. 20, 1993

ORDER on request for modification in case no. 93-T-6 entered by the Special Master Michael S. Lottman (pdf) (Entered: 12/28/1993)

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392 Dec. 22, 1993

ORDER on proposed agreement (see order in file for complete details). Copies mailed to attys. of record. ( signed by Judge Richard L. Voorhees ) (pdf) (Entered: 12/28/1993)

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Dec. 22, 1993

Hearing set on any objections to the proposed focus class agreement and on whether the agreement should be finally approved will be held at 10:00 on Friday, February 4, 1994 in the Main Courtroom. (pdf)

393 Jan. 11, 1994

ORDER that the Clerk of Court file as the original the copy fo the final Order, signed by the Special Master on November 1, 1993. ( signed by Judge Richard L. Voorhees ) Copies mailed to attorneys of record. (jhg) (Entered: 01/12/1994)

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394 Jan. 11, 1994

SPECIAL MASTER'S FINAL ORDER In the Matter of: INDEPENDENT EVALUATOR CONTRACT FOR FY 93-94; Case No. 93-A-4 (jhg) (Entered: 01/12/1994)

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395 Jan. 11, 1994

ORDER that the Special Master's Final Decision in the matter of D.H.:265885, case no. 92-E-165, in hereby APPROVED and ADOPTED, and Defendant is hereby ORDERED to proceed with the program recommended by the Special Master. ( signed by Judge Richard L. Voorhees ) Copies mailed to attorneys of record. (jhg) (Entered: 01/12/1994)

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396 Jan. 12, 1994

Special Master's Letter RE: Report and Recommendation for Judicial Action -- Contract for Independent Evaluator (jhg) (Entered: 01/13/1994)

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397 Jan. 13, 1994

Special Master's Final Decision; Placement Timetable For: R.F.: 451924; Cases No. 92-E-58 and 93-T-17 (jhg) (Entered: 01/13/1994)

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398 Jan. 18, 1994

Special Master's Final Decision Placement Timetable For: W.G.: 323204; case numbers 92-E-94 and 93-T-15 (pdf) (Entered: 01/25/1994)

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399 Jan. 18, 1994

Final Decision of the Special Master in Placement Timetable For: C.C.: 029021 Cases No. 92-E-166 and 93-T-16 (pdf) (Entered: 01/25/1994)

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400 Jan. 18, 1994

Special Master's Decision on motions to amend and requests to supplement the record In The Matter of: Class Member Status of S.B.:122165, E.A.: 134779, T.H.: 278921, E.G.: 131128, et al. cases numbered 94-c-16, 94-c-17, 94-c-20, 94-c-23, et al. (pdf) (Entered: 01/25/1994)

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401 Jan. 18, 1994

Special Master's Interim Order In the Matter of: Independent Evaluator Contract For FY 93-94, Case No. 93-A-4 (pdf) (Entered: 01/25/1994)

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402 Jan. 18, 1994

Special Master's Second Interim Order In the Matter of: Independent Evaluator Contract for FY 93-94, Case no. 93-A-4 (pdf) (Entered: 01/25/1994)

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403 Jan. 20, 1994

Special Master's Order on Request for Modification - In the Matter of Placement Schedule For G.H.: 285740, Case No. 93-T-14 (jhg) (Entered: 01/26/1994)

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404 Jan. 24, 1994

RESPONSE by David H. Flaherty in opposition to the Special Master's report and recomendation for judicial action -- contract for independent evaluation (pdf) (Entered: 01/27/1994)

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405 Feb. 2, 1994

NOTICE of Appearance by Joyce L. Davis and Elizabeth T. Dierdorf (jhg) (Entered: 02/07/1994)

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406 Feb. 3, 1994

Special Master's letter to Judge Voorhees concerning financial statement (jhg) (Entered: 02/07/1994)

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407 Feb. 3, 1994

Special Master's ORDER of Dismissal In the Matter of: Class Membership of T.A.: 395251, C.M.: 282984, J.C.: 020314, and D.R.: 152087; Cases No. 93-C-7, 93-C-20, 94-C-19, and 94-C-56 (jhg) (Entered: 02/07/1994)

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408 Feb. 4, 1994

RESPONSE to Deft.'s Objections to the Special Master's Report and Recommendation for Judicial Action -- Contract for Independent Evaluation w/supporting EXHIBITS, Vol. I & Vo. II, by interested party Improvement Concept (ejb) Modified on 02/07/1994 (Entered: 02/04/1994)

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409 Feb. 4, 1994

AFFIDAVIT of Michael Moseley (pdf) Modified on 02/07/1994 (Entered: 02/04/1994)

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410 Feb. 4, 1994

ORDER APPROVING FOCUS CLASS/EVALUATION ALTERNATIVE TEST AGREEMENT ( signed by Judge Richard L. Voorhees ) Copies mailed to attorneys of record. (jhg) (Entered: 02/09/1994)

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411 Feb. 4, 1994

Special Master's ORDER on extension of time in the matter of multiple cases (see order for case numbers) (jhg) (Entered: 02/09/1994)

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Feb. 4, 1994

Minute entry: Case called for hearing before Judge Voorhees on objections to the proposed focus class agreement and on whether the agreement should be finally approved - with no objections the order will be signed by the court. (pdf)

412 Feb. 14, 1994

Special Master's ORDER of Dismissal In the Matter of : Class Membership of L.W.: 333266, Case No. 94-C-40 (jhg) (Entered: 02/16/1994)

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413 Feb. 14, 1994

MOTION by David H. Flaherty to Strike [408-1] response to defendant's objection to special master's report and recommendation for Judicial Action-Contract for Independent Evaluation by Improvement Concept (jhg) (Entered: 02/16/1994)

RECAP
414 Feb. 18, 1994

Special Master's Final Decision In the Matter of: Independent Evaluation of T.S.: 398510, Case No. 93-E-1 (jhg) (Entered: 02/23/1994)

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415 Feb. 22, 1994

Special Master's ORDER on Disclosure of Information In the Matter of: Class Member Identification Disputes, Cases No. 93-C-1 et al. (jhg) (Entered: 02/23/1994)

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416 Feb. 22, 1994

Special Master's ORDER on Request for Modification In the Matter of: Placement Schedule For S.G. 277869, Case No. 93-T-4 (jhg) (Entered: 02/23/1994)

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417 Feb. 22, 1994

NOTICE of Appearance by Diane Martin Pomper for defendant, C. Robin Britt (jhg) (Entered: 02/23/1994)

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418 Feb. 22, 1994

MOTION by C. Robin Britt for relief from December 20, 1993, Order (jhg) (Entered: 02/23/1994)

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419 Feb. 24, 1994

MOTION by Thomas S. for contempt or other appropriate relief (jhg) (Entered: 03/01/1994)

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420 March 2, 1994

RESPONSE by C. Robin Britt in opposition to the Master's Final Decision (Sp. Master File No. 93-E-1) (jhg) (Entered: 03/07/1994)

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421 March 11, 1994

RESPONSE by C. Robin Britt to [419-1] motion for contempt or other appropriate relief by Thomas S. (jhg) (Entered: 03/16/1994)

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422 March 11, 1994

ORDER that ICI's request for attorney fees is hereby DENIED. ( signed by Judge Richard L. Voorhees ) Copies mailed to attorneys of record. (jhg) (Entered: 03/16/1994)

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423 March 14, 1994

Response by plaintiff Thomas S. to defendant's objections to the master's final decision (SP. Master File No. 93-E-1-TS) that TS is a confirmed Class Member (jhg) (Entered: 03/17/1994)

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424 March 16, 1994

Special Master's Decision on Request for Modification In the Matter of: Placement for C.C.: 029021 Cases No. 92-E-166 and 93-T-16 (jhg) (Entered: 03/22/1994)

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425 March 16, 1994

Special Master's ORDER of Dismissal In the Matter of Class Member Status of A.H.: 362428, J.D.: 030496, E.L.: 392828, N.S.: 165987, Cases sNo. 93-C-15, 93-C-17, 94-C-34, 94-C-45 (jhg) (Entered: 03/22/1994)

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426 March 17, 1994

Special Master's letter to Clerk, U.S. District Court Re: Independent evaluation of prospective plaintiff class member T.S.: 398510, Case No. 93-E-1. (jhg) (Entered: 03/22/1994)

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427 March 17, 1994

Special Master's letter to Clerk, U.S. District Court Re; placement schedule for plaintiff class member R.P.: 275382, case no. 93-T-2. (jhg) (Entered: 03/23/1994)

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428 March 17, 1994

Special Master's ORDER on extension of time for submission of evidence and agruments in individual cases to April 1, 1994. (jhg) (Entered: 03/23/1994)

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429 March 18, 1994

Special Master's NOTICE of Hearing: In the Matter of Objection to Placement of C.R.: 334404, Case No. 94-0-1. (jhg) Modified on 03/24/1994 (Entered: 03/24/1994)

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430 March 18, 1994

Special Master's ORDER on extension of time to respond to defendant's notices of dispute in the matters listed on the order to April 29, 1994. (jhg) (Entered: 03/24/1994)

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431 March 25, 1994

ORDER that Defendants' Objections are hereby DENIED, and the Master's Final Decision of February 16, 1994, is hereby AFFIRMED. ( signed by Judge Richard L. Voorhees ) Copies mailed to attorneys of record. (jhg) (Entered: 03/28/1994)

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March 25, 1994

TRANSCRIPT filed for dates of 2/25/1994 (jhg)

432 March 28, 1994

ORDER Requiring Mediation (Special Master) (jhg) (Entered: 03/29/1994)

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433 March 28, 1994

ORDER that defendant's challenge to the prospective class member status of E.L.: 374583 is hereby upheld, and the said E.L. shall not be considered or listed as a propsective member of the plaintiff class. (Special Master) Judgment Volume: LV Page: 125 (jhg) (Entered: 03/29/1994)

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434 March 28, 1994

MOTION by Improvement Concept to accept timely filing of reconsideration motion, affidavit (jhg) (Entered: 03/31/1994)

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435 March 28, 1994

MOTION by Improvement Concept for Reconsideration of (attorneys' fees and affidavit) [422-1] order of March 11, 1994 (jhg) (Entered: 03/31/1994)

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436 March 31, 1994

MOTION by Thomas S. for modification of order concerning TS: 398510 (jhg) (Entered: 03/31/1994)

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437 March 31, 1994

AFFIDAVIT of Joyce L. Davis (jhg) (Entered: 03/31/1994)

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438 March 31, 1994

Substituted CERTIFICATE OF SERVICE by Improvement Concept of (1) ICI's motion to accept timely filing of reconsideration motoin (2) affidavit and (3) motion to accept timely filing of reconsideration motion, affidavit (jhg) (Entered: 04/05/1994)

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439 April 1, 1994

Special Master's Final Decision of the Placement Timetable For: R.B.: 334123, Case No. 93-T-10 (jhg) (Entered: 04/05/1994)

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440 April 4, 1994

Special Master's Final Decision, Placement Timetable for R.S.: 319168, Case No. 93-T-11 (jhg) (Entered: 04/06/1994)

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441 April 11, 1994

Response by defendant Secretary of the N. C. Dept. of Human Resources C. Robin Britt to ICI's motion for reconsideration of the 3/11/94 order re. ICI's Attorneys' Fees (pdf) (Entered: 04/13/1994)

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442 April 11, 1994

Special Master's Final Decision In the Matter of: Identification of Unknown Prospective Class Members, Case No. 94-C-58 (jhg) (Entered: 04/13/1994)

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443 April 14, 1994

ORDER granting [436-1] motion for modification of order concerning TS: 398510 and that this Court's Order of March 24, 1994, is hereby MODIFIED as set forth in Plaintiffs' motion. ( signed by Judge Richard L. Voorhees ) Copies mailed to attorneys of record. (jhg) (Entered: 04/20/1994)

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444 April 15, 1994

ORDER denying ICI's [435-1] motion for Reconsideration of (attorneys' fees and affidavit) [422-1] order of March 11, 1994 ( signed by Judge Richard L. Voorhees ) Copies mailed to attorneys of record. (jhg) (Entered: 04/20/1994)

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445 April 18, 1994

Special Mater's ORDER on Extension of Time for plaintiffs to submit evidence and arguments in support of prospective class member status for individuals covered by this dispute is extended to July 1, 1994. (jhg) (Entered: 04/21/1994)

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446 April 19, 1994

Special Master's ORDER on extension of time to file pleadings (see order for complete details) (jhg) (Entered: 04/22/1994)

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447 April 21, 1994

RESPONSE by C. Robin Britt in opposition to Final Decision (94-C-58) In the Matter of: Identification of unknown Prospective Class Members (jhg) (Entered: 04/25/1994)

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448 April 21, 1994

Special Master's Amended Final Decision In the Matter of: Placement Schedule For R.B.: 334123, Case No. 93-T-10 (jhg) (Entered: 04/25/1994)

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449 April 21, 1994

Special Master's ORDER on extension of time to April 22, 1994, for plaintiffs to respond to defendant's notice of dispute. (jhg) (Entered: 04/25/1994)

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450 April 26, 1994

Special Master's Interim Decision In the Matter of: Objection to Placement of C.R.: 334404 Case No. 94-O-1. (jhg) (Entered: 04/29/1994)

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451 April 26, 1994

Special Master's letter with attached record of dispute involving the time by which the names of possible class members must be submitted under paragraph III (B)(2) of the focus class agreement. (jhg) (Entered: 04/29/1994)

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452 April 29, 1994

Special Master's letter to the U.S. District Court with attached financial statement. (jhg) (Entered: 05/04/1994)

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453 April 29, 1994

Special Master's Final Decision Placement Timetable For: K.T.: 283598, Case No. 94-T-3 (jhg) (Entered: 05/04/1994)

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454 April 29, 1994

Special Master's ORDER on motions for access to records In the Matter of: Class Member Identification Disputes, Case No. 93-C-1, et al. (jhg) (Entered: 05/04/1994)

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455 May 2, 1994

MEMORANDUM by Thomas S. in support of [419-1] motion for contempt or other appropriate relief by Thomas S. (jhg) (Entered: 05/05/1994)

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456 May 4, 1994

ORDER that a hearing is hereby scheduled for 11:00 a.m., Monday, May 9, 1994, at the U.S. Courthouse in Winston-Salem, North Carolina, at which time the Defendants are directed to show cause why they should not be held in contempt of court in connection with Plaintiffs' motion herein., and set Show Cause Hearing for 11:00 5/9/94 ( signed by Judge Richard L. Voorhees ) Copies mailed to attorneys of record and faxed to Rober Manus and Diane Pomper. (jhg) (Entered: 05/05/1994)

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457 May 6, 1994

ORDER that the Master's Final Decision of April 8, 1994, is hereby AFFIRMED in its entirety, and that the Defendant is hereby directed to comply with said Final Decision as stated without further delay. ( signed by Judge Richard L. Voorhees ) Copies mailed to attorneys of record. (jhg) (Entered: 05/10/1994)

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Case Details

State / Territory:

North Carolina

Case Type(s):

Intellectual Disability (Facility)

Key Dates

Filing Date: July 7, 1982

Closing Date: 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

mentally retarded wards of the State of North Carolina

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Broughton Hospital

Facility Type(s):

Government-run

Non-government for-profit

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Other Dockets:

Western District of North Carolina 3:82-cv-00418

U.S. Court of Appeals for the Fourth Circuit 89-01006

Supreme Court of the United States 90-366

U.S. Court of Appeals for the Fourth Circuit 84-02254

U.S. Court of Appeals for the Fourth Circuit 84-02255

U.S. Court of Appeals for the Fourth Circuit 93-01018

Supreme Court of the United States 85-1590

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1984 - 1998

Issues

General/Misc.:

Classification / placement

Individualized planning

Disability and Disability Rights:

Integrated setting

Intellectual/developmental disability, unspecified

Schizophrenia

Jails, Prisons, Detention Centers, and Other Institutions:

Habilitation (training/treatment)

Restraints (chemical)

Restraints (physical)

Medical/Mental Health Care:

Intellectual disability/mental illness dual diagnosis

Recommended Citation