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 attrorneys, see: https://www.courtlistener.com/docket/10552443/parties/s-v-britt/


Judge(s)

Butzner, John Decker Jr. (Virginia)

Ervin, Samuel James III (North Carolina)

McMillan, James Bryan (North Carolina)

Murnaghan, Francis Dominic Jr. (Maryland)

Voorhees, Richard Lesley (North Carolina)

Wilkinson, James Harvie III (Virginia)

Attorneys(s) for Plaintiff

Boyles, Scott (North Carolina)

Brooks, Joyce Murphy (North Carolina)

Connette, Edward G. III (North Carolina)

Fillette, Theodore O. III (North Carolina)

Judge(s)

Butzner, John Decker Jr. (Virginia)

Ervin, Samuel James III (North Carolina)

McMillan, James Bryan (North Carolina)

Murnaghan, Francis Dominic Jr. (Maryland)

Voorhees, Richard Lesley (North Carolina)

Wilkinson, James Harvie III (Virginia)

Attorneys(s) for Plaintiff

Boyles, Scott (North Carolina)

Brooks, Joyce Murphy (North Carolina)

Connette, Edward G. III (North Carolina)

Fillette, Theodore O. III (North Carolina)

Greenblatt, Deborah (North Carolina)

Heinberg, Christine (North Carolina)

Manus, Roger (North Carolina)

Attorneys(s) for Defendant

Ambrose, Bruce S. (North Carolina)

Broome, Dennis L. (North Carolina)

Easley, Michael F. (North Carolina)

Gage, Robert H. (North Carolina)

Hargett, Robert T. (North Carolina)

Hayman, Wilson (North Carolina)

Holton, Doris J. (North Carolina)

McPherson, Michelle B. (North Carolina)

O'Connell, William F. (North Carolina)

Oliver, Jane Leigh (North Carolina)

Parker, David McLean (North Carolina)

Pomper, Diane Martin (North Carolina)

Rosenthal, Cathy J. (North Carolina)

Smith, Walter M. (North Carolina)

Stevens, Catherine C. (North Carolina)

Thornburg, Lacy Herman (North Carolina)

Trepel, Jeff (North Carolina)

Watkins, Reginald (North Carolina)

Wilder, Raboteau T. Jr. (North Carolina)

Documents in the Clearinghouse

Document

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

601 F.Supp. 1055

Sept. 18, 1984

Sept. 18, 1984

Order/Opinion

84-02254

84-02255

Reported Opinion

Thomas S. v. Morrow

U. S. Court of Appeals for the Fourth Circuit

781 F.2d 367

Feb. 19, 1986

Feb. 19, 1986

Order/Opinion

85-01590

[Untitled]

Kirk v. Thomas S.

Supreme Court of the United States

476 U.S. 1124, 90 L.Ed.2d 673

May 19, 1986

May 19, 1986

Order/Opinion

3:82-cv-00418

Findings of Fact and Conclusions of Law

699 F.Supp. 1178

Nov. 21, 1988

Nov. 21, 1988

Order/Opinion

89-01006

Opinion

U. S. Court of Appeals for the Fourth Circuit

902 F.2d 250

May 23, 1990

May 23, 1990

Order/Opinion

90-00366

Memorandum Decision

Flaherty v. Thomas S.

Supreme Court of the United States

498 U.S. 951, 111 S.Ct. 373, 112 L.Ed.2d 335

Oct. 29, 1990

Oct. 29, 1990

Order/Opinion

93-01018

Opinion

U. S. Court of Appeals for the Fourth Circuit

998 F.2d 1010, 1993 WL 264697

July 15, 1993

July 15, 1993

Order/Opinion

Resources

Docket

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

Last updated Aug. 12, 2022, 11:17 a.m.

ECF Number Description Date Link Date / Link

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

Sept. 10, 1993

Sept. 10, 1993

PACER

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

Sept. 10, 1993

Sept. 10, 1993

PACER

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

Sept. 20, 1993

Sept. 20, 1993

PACER

Case file sent to Judge Voorhees' office (jhg)

Sept. 21, 1993

Sept. 21, 1993

PACER
365

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)

Sept. 21, 1993

Sept. 21, 1993

PACER
366

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)

Sept. 21, 1993

Sept. 21, 1993

PACER
367

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)

Sept. 21, 1993

Sept. 21, 1993

PACER
368

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

Sept. 22, 1993

Sept. 22, 1993

PACER
369

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

Sept. 23, 1993

Sept. 23, 1993

PACER
370

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)

Sept. 23, 1993

Sept. 23, 1993

PACER
371

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)

Oct. 1, 1993

Oct. 1, 1993

PACER
372

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)

Oct. 4, 1993

Oct. 4, 1993

PACER
373

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)

Oct. 21, 1993

Oct. 21, 1993

PACER
374

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

Oct. 25, 1993

Oct. 25, 1993

PACER
375

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)

Oct. 25, 1993

Oct. 25, 1993

PACER
376

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)

Nov. 8, 1993

Nov. 8, 1993

PACER
377

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)

Nov. 12, 1993

Nov. 12, 1993

PACER
378

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)

Nov. 12, 1993

Nov. 12, 1993

PACER
379

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)

Nov. 15, 1993

Nov. 15, 1993

PACER
380

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)

Nov. 15, 1993

Nov. 15, 1993

PACER
381

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)

Nov. 19, 1993

Nov. 19, 1993

PACER
382

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)

Nov. 29, 1993

Nov. 29, 1993

PACER
383

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)

Dec. 1, 1993

Dec. 1, 1993

PACER
384

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

Dec. 2, 1993

Dec. 2, 1993

PACER
385

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)

Dec. 6, 1993

Dec. 6, 1993

PACER
386

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)

Dec. 8, 1993

Dec. 8, 1993

PACER
387

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

Dec. 10, 1993

Dec. 10, 1993

PACER
388

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)

Dec. 20, 1993

Dec. 20, 1993

PACER
389

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)

Dec. 20, 1993

Dec. 20, 1993

PACER
390

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)

Dec. 20, 1993

Dec. 20, 1993

PACER
391

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

Dec. 20, 1993

Dec. 20, 1993

PACER
392

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)

Dec. 22, 1993

Dec. 22, 1993

PACER

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)

Dec. 22, 1993

Dec. 22, 1993

PACER
393

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)

Jan. 11, 1994

Jan. 11, 1994

PACER
394

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)

Jan. 11, 1994

Jan. 11, 1994

PACER
395

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)

Jan. 11, 1994

Jan. 11, 1994

PACER
396

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

Jan. 12, 1994

Jan. 12, 1994

PACER
397

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)

Jan. 13, 1994

Jan. 13, 1994

PACER
398

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)

Jan. 18, 1994

Jan. 18, 1994

PACER
399

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)

Jan. 18, 1994

Jan. 18, 1994

PACER
400

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)

Jan. 18, 1994

Jan. 18, 1994

PACER
401

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)

Jan. 18, 1994

Jan. 18, 1994

PACER
402

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)

Jan. 18, 1994

Jan. 18, 1994

PACER
403

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)

Jan. 20, 1994

Jan. 20, 1994

PACER
404

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)

Jan. 24, 1994

Jan. 24, 1994

PACER
405

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

Feb. 2, 1994

Feb. 2, 1994

PACER
406

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

Feb. 3, 1994

Feb. 3, 1994

PACER
407

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)

Feb. 3, 1994

Feb. 3, 1994

PACER
408

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)

Feb. 4, 1994

Feb. 4, 1994

PACER

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)

Feb. 4, 1994

Feb. 4, 1994

PACER
409

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

Feb. 4, 1994

Feb. 4, 1994

PACER
410

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)

Feb. 4, 1994

Feb. 4, 1994

PACER
411

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

Feb. 4, 1994

Feb. 4, 1994

PACER
412

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)

Feb. 14, 1994

Feb. 14, 1994

PACER
413

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)

Feb. 14, 1994

Feb. 14, 1994

PACER
414

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)

Feb. 18, 1994

Feb. 18, 1994

PACER
415

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)

Feb. 22, 1994

Feb. 22, 1994

PACER
416

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)

Feb. 22, 1994

Feb. 22, 1994

PACER
417

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

Feb. 22, 1994

Feb. 22, 1994

PACER
418

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

Feb. 22, 1994

Feb. 22, 1994

PACER
419

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

Feb. 24, 1994

Feb. 24, 1994

PACER
420

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)

March 2, 1994

March 2, 1994

PACER
421

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

March 11, 1994

March 11, 1994

PACER
422

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)

March 11, 1994

March 11, 1994

PACER
423

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)

March 14, 1994

March 14, 1994

PACER
424

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)

March 16, 1994

March 16, 1994

PACER
425

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)

March 16, 1994

March 16, 1994

PACER
426

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)

March 17, 1994

March 17, 1994

PACER
427

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)

March 17, 1994

March 17, 1994

PACER
428

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)

March 17, 1994

March 17, 1994

PACER
429

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)

March 18, 1994

March 18, 1994

PACER
430

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)

March 18, 1994

March 18, 1994

PACER

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

March 25, 1994

March 25, 1994

PACER
431

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)

March 25, 1994

March 25, 1994

PACER
432

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

March 28, 1994

March 28, 1994

PACER
433

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)

March 28, 1994

March 28, 1994

PACER
434

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

March 28, 1994

March 28, 1994

PACER
435

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

March 28, 1994

March 28, 1994

PACER
436

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

March 31, 1994

March 31, 1994

PACER
437

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

March 31, 1994

March 31, 1994

PACER
438

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)

March 31, 1994

March 31, 1994

PACER
439

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

April 1, 1994

April 1, 1994

PACER
440

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

April 4, 1994

April 4, 1994

PACER
441

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)

April 11, 1994

April 11, 1994

PACER
442

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)

April 11, 1994

April 11, 1994

PACER
443

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)

April 14, 1994

April 14, 1994

PACER
444

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)

April 15, 1994

April 15, 1994

PACER
445

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)

April 18, 1994

April 18, 1994

PACER
446

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

April 19, 1994

April 19, 1994

PACER
447

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)

April 21, 1994

April 21, 1994

PACER
448

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)

April 21, 1994

April 21, 1994

PACER
449

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)

April 21, 1994

April 21, 1994

PACER
450

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)

April 26, 1994

April 26, 1994

PACER
451

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)

April 26, 1994

April 26, 1994

PACER
452

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

April 29, 1994

April 29, 1994

PACER
453

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

April 29, 1994

April 29, 1994

PACER
454

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)

April 29, 1994

April 29, 1994

PACER
455

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

May 2, 1994

May 2, 1994

PACER
456

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)

May 4, 1994

May 4, 1994

PACER
457

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)

May 6, 1994

May 6, 1994

PACER

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

Broughton Hospital (Raleigh, Wake), State

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1984 - 1998

Issues

General:

Classification / placement

Habilitation (training/treatment)

Individualized planning

Restraints : chemical

Restraints : physical

Disability:

Integrated setting

Mental Disability:

Intellectual/developmental disability, unspecified

Schizophrenia

Medical/Mental Health:

Intellectual disability/mental illness dual diagnosis

Type of Facility:

Government-run

Non-government for profit