Case: Assoc. for Retarded Citizens of North Dakota v. Olson

Assoc. for Retarded Citizens of North Dakota v. Schafer

U.S. Court of Appeals for the Eighth Circuit

Assoc. for Retarded Citizens of North Dakota v. Sinner

Assoc. for Retarded Citizens of North Dakota v. Sinner

U.S. Court of Appeals for the Eighth Circuit

Assoc. for Retarded Citizens of North Dakota v. Schafer

Assoc. for Retarded Citizens of North Dakota v. Schafer

U.S. Court of Appeals for the Eighth Circuit

Assoc. for Retarded Citizens of North Dakota v. Schafer

Supreme Court of the United States

COMPLAINT (Summons(es) issued) (fe) (Entered: 08/14/1991)

ANSWER by defendants to [1-1] (fe) (Entered: 08/14/1991)

MEMORANDUM AND ORDER by Honorable Bruce M. Van Sickle 1. The order issued by this court dated August 31, 1982 is affirmed and issued as a final order herein subject to the following changes: a. References in that order to ACMR/DD shall be interpreted to include any present or successor organizational names of that organization, except that, for good cause shown, the court may designate any other organization of like purpose and the same or better skills. b. Strike paragraph 6, and insert in its stead the following: Defendants are permanently enjoined to furnish a level of services to the members of Plaintiff class sufficient to ensure that no person shall be maintained at Grafton who is qualified to reside elsewhere. c. Strike paragraph 9 and insert in its stead the following: Defendants are permanently enjoined to comply with all Title XIX regulations and with all ACDD Standards in all their facilities and programs. e. Strike paragraphs 10, 11 and 12 2. The implementation order of March 7, 1984 and all amendments thereto are hereby abrogated. 3. The Monitor shall be terminated effective April 15, 1990 and shall deliver all of his files and records to the Archivist at the University of North Dakota or such other state agency as he shall select. 4. The Protection and Advocacy Project shall forthwith be increased to 21 professional advocates and 2 monitors, and the additional budget necessary to support such an increase shall be made available to the project. 5. Defendants shall contract with the Accreditation Council for people with developmental disabilities to secure evaluations of the services furnished to class members in each of the eight regions established by the Department of Human Services to determine if the care and support furnished in each of those regions meets the standards of the ACDD and the dictates of Chapter 25-01.2, NDCC. 6. The evaluations called for in item 4 above shall be made available to the court on or before November 30, 1990. 7. If, by December 31, 1990, defendants are able to show to the court that the standards of the ACDD and the North Dakota law are being met, and the Protection and Advocacy Project has been staffed and financed as herein ordered, from at least July 1, 1990, this action will be dismissed. 8. The requirement that the defendants are to meet the ACDD Standards and are to comply with State Law shall be a continuing requirement on defendants unless and until it is shown to the court that another set of standards is preferable. with NOTICE OF ENTRY: (cc: all counsel) (fe) (Entered: 08/14/1991)

ORDER by Honorable Bruce M. Van Sickle That Defendants' Motion to Reconsider this Court's Order of March 19, 1990 is DENIED with NOTICE OF ENTRY: (cc: all counsel) (fe) (Entered: 08/14/1991)

ORDER by Honorable Bruce M. Van Sickle That defendants' motion asking this court to reconsider its order denying defendants' motion to reconsider its March 19, 1990 order is granted and, on reconsideration the March 19, 1990 order is affirmed with NOTICE OF ENTRY: (cc: all counsel) (fe) (Entered: 08/14/1991)

Notice of appeal by defendant from Dist. Court order [710-1] Appeal fee paid. (fe) Modified on 08/14/1991 (Entered: 08/14/1991)

NOA Supplement re appeal [725-1] (fe) (Entered: 08/14/1991)

Copy of docket entries as forwarded to counsel and USCA8 (fe) (Entered: 08/14/1991)

Appeal Record Sent to USCA

2 CERTIFIED and one plain copy of Notice of Appeal, Memorandum and Order entered on March 19, 1990, Order entered on June 14, 1990, Order entered on July 24, 1990, NOA Supplement and Docket Entries as fwd. to USCA8, St. Paul via cert. rrr mail this date; TO APPELLANTS: Appeal Form A, Docket Entries; TO APPELLEES: Appeal Form B, Notice of Appeal, Docket Entries, (Filing fee paid). NO TRANSCRIPT TO BE ORDERED. (fe)

(Copy) of ORDER of USCA8, Appellant's motion for a stay of certain portions of the district court's injunction has been considered and is hereby granted with NOTICE OF ENTRY: (cc: all counsel) (fe) (Entered: 08/14/1991)

(Copy) of JUDGMENT of USCA8: The order denying the State's motion for Rule 60(b) relief is reversed, and the case is remanded for further proceedings consistent with this opinion with NOTICE OF ENTRY: (cc: all counsel) (fe) (Entered: 08/14/1991)

AFFIDAVIT in compliance with Local Rule 4 re: DEFENDANTS' INTERROGATORIES AND REQUEST FOR PRODUCTION TO PLAINTIFFS. (fe) (Entered: 09/05/1991)

MANDATE from Circuit Court of Appeals reversing and remanding the Decision of the District Court [Appeal [725-1] IT IS HEREBY ORDERED AND ADJUDGED that the judgment of the district court in this cause is reversed and cause is remanded to the district court for proceedings consistent with the opinion of this Court. (Copies to all counsel, Judge Van Sickle). (fe) (Entered: 10/09/1991)

AFFIDAVIT in compliance with Local Rule 4 re: Defendant's Interrogatories and Request for Production to Plaintiffs. (fe) (Entered: 10/15/1991)

AFFIDAVIT in compliance with Local Rule 4 re: DEFENDANTS' RESPONSE TO PLAINTIFFS' INTERROGATORIES AND REQUEST FOR PRODUCTION TO DEFENDANTS. (fe) (Entered: 11/06/1991)

MEMORANDUM AND ORDER by Honorable Bruce M. Van Sickle re [740-1] IT IS ORDERED THAT: PARAGRAPHS 4, 5, 6, 7 AND 8 OF THE ORDER ENTERED BY THE COURT IN THIS ACTION ON MARCH 19, 1990 ARE HEREBY STAYED UNTIL FURTHER ACTION BY THIS COURT with NOTICE OF ENTRY: (cc: all counsel, copy to Judge Van Sickle) (fe) (Entered: 11/25/1991)

MEMORANDUM AND ORDER by Honorable Bruce M. Van Sickle re [740-1] IT IS ORDERED THAT: BY FEBRUARY 1, 1992, COUNSEL FOR THE PARTIES SHALL FILE ANY BRIEFS THEY DESIRE ON THE ISSUE OF THE STANDARDS WHICH THE CONSTITUTION AND FEDERAL STATUTES IMPOSE ON THE DEFENDANTS with NOTICE OF ENTRY: (cc: all counsel, copy to Judge Van Sickle) (fe) (Entered: 11/26/1991)

ATTORNEY APPEARANCE for defendant's by Sara B. Gullickson. (fe) (Entered: 01/08/1992)

MOTION by plaintiffs for modification of order (sjs) (Entered: 01/10/1992)

MEMORANDUM by plaintiff in support of motion for modification of order [746-1] (sjs) (Entered: 01/10/1992)

AFFIDAVIT of Michael J. Williams, Leland F. Hagen, H. Patrick Weir and David L. Peterson regarding motion for modification of order [746-1] (sjs) (Entered: 01/10/1992)

LETTER from attorney Williams amending his motion to modify attorney fee award from $75.00 set in 1982 to $111.00; with copy of letter from economist [746-1]. (fe) (Entered: 01/22/1992)

AFFIDAVIT in compliance with Local Rule 4 re: MOTION FOR MODIFICATION OF ORDER (ARC V. GEORGE A. SINNER, ET AL.). (fe) (Entered: 01/22/1992)

AFFIDAVIT in compliance with Local Rule 4 re: PLAINTIFFS' BRIEF IN SUPPORT OF MOTION FOR MODIFICATION (ARC V. GEORGE A. SINNER, ET AL.). (fe) (Entered: 01/22/1992)

AFFIDAVIT in compliance with Local Rule 4 re: AFFIDAVIT OF MICHAEL J. WILLIAMS (ARC V. GEORGE A. SINNER, ET AL.). (fe) (Entered: 01/22/1992)

AFFIDAVIT in compliance with Local Rule 4 re: AFFIDAVIT OF LELAND F. HAGEN (ARC V. GEORGE A. SINNER, ET AL.). (fe) (Entered: 01/22/1992)

AFFIDAVIT in compliance with Local Rule 4 re: AFFIDAVIT OF H. PATRICK WEIR (ARC V. GEORGE A. SINNER, ET AL.). (fe) (Entered: 01/22/1992)

AFFIDAVIT in compliance with Local Rule 4 re: AFFIDAVIT OF DAVID L. PETERSON (ARC V. GEORGE A. SINNER, ET AL.). (fe) (Entered: 01/22/1992)

RESPONSE by defendant's to motion for modification of order [746-1] (fe) (Entered: 01/28/1992)

MOTION by defendant's to strike plaintiffs' supplemental pleading. (fe) Modified on 10/21/1992 (Entered: 01/29/1992)

BRIEF IN RESPONSE TO ORDER OF NOVEMBER 26, 1991 by plaintiff's re [744-1] (fe) (Entered: 01/31/1992)

AFFIDAVIT in compliance with Local Rule 4 re: PLAINTIFFS' BRIEF IN RESPONSE TO ORDER OF NOVEMBER 26, 1991. (fe) (Entered: 02/03/1992)

RESPONSE/BRIEF on federal law pursuant to the court's November 26, 1991, Order by defendant's re [744-1] (fe) (Entered: 02/04/1992)

RESPONSE by plaintiff's to motion to strike [757-1] (fe) (Entered: 02/04/1992)

SUPPLEMENT/ADDENDUM by plaintiff re motion for modification of order [746-1] (fe) (Entered: 02/24/1992)

MOTION by plaintiffs for discovery order (sjs) Modified on 10/21/1992 (Entered: 03/19/1992)

MEMORANDUM by plaintiffs in support of motion for discovery order [763-1] (sjs) (Entered: 03/19/1992)

RESPONSE by defendant's to motion for discovery order [763-1] (fe) (Entered: 03/24/1992)

Order

PROPOSED Order re motion for discovery order [763-1] lodged with the Clerk (fe)

REPLY by plaintiff's to response to motion for discovery order [763-1] (fe) (Entered: 03/26/1992)

MOTION by defendant for leave to file a Reply Brief (fe) Modified on 10/21/1992 (Entered: 04/07/1992)

REPLY BRIEF by defendant re [744-1] (fe) (Entered: 04/07/1992)

RESPONSE by plaintiff's to motion for leave to [767-1] (fe) (Entered: 04/13/1992)

REPLY by defendant's to response to motion for leave to [767-1] (fe) (Entered: 04/14/1992)

ORDER by Honorable Bruce M. Van Sickle with NOTICE OF ENTRY: setting out standards of care mandated by federal law; stating that further order outlining procedures to be followed in determining deft compliance with standards of care will be issued. (cc: all counsel) (ks) (Entered: 04/29/1992)

MOTION by defendant's to alter order, and to amend order dated April 29, 1992 (fe) (Entered: 05/13/1992)

MEMORANDUM by defendant in support of motion to alter order [772-1], of motion to amend order [772-2] (fe) (Entered: 05/13/1992)

MEMORANDUM AND ORDER by Honorable Bruce M. Van Sickle re [740-1] The court orders that, pursuant to its inherent powers and Fed. R. Civ. P. 53, a panel of special masters is hereby appointed to receive and evaluate such evidence as the parties present, and to make and file with the court a report answering the following questions: 1. Where, if at all, are defendants failing to meet the standards of care mandated by those federal rights outlined in this court's April 29, 1992 order? 2. (If needed). What relief is required to correct the failure(s) to comply with the necessary standards of care? 3. (If needed.) How will that relief directly address and relate to those violations of federal law? The special master panel shall consist of the following persons: CHAIRMAN: Mr. Randy J. Lee, Esq. MEMBERS: Hon. Tish Kelly, Hon. Jack Dalrymple, Mickey Knutson, R.N., M.N., Darrel Vollmers, Esq. The special master panel shall determine its own schedule and orders of procedure, but is urged to proceed as expeditiously as possible. The Federal Rules of Civil Procedure and the Federal Rules of Evidence shall govern its proceedings. The chairman shall call the panel into session and shall preside at all of its sessions. The Clerk of this court shall furnish a court reporter as needed, and a courtroom deputy for all hearings of the panel. Each panel member shall receive $300.00 for each day spent on the business of the panel and shall receive the same reimbursement for travel expenses and other costs as that received by Assistant Attorneys General of the State of North Dakota. The State of North Dakota shall pay this remuneration and reimbursement. All claims shall be submitted on forms approved by the State of North Dakota. The claims shall be submitted to the chairman of the panel who shall first determine if the billing is accurate and proper. He shall then endorse his approval thereon and forward the billing to the Attorney General of North Dakota who shall arrange with the appropriate agency for prompt payment thereof. A copy of all such bills shall be filed with the clerk of this court. with NOTICE OF ENTRY: (cc: all counsel) (fe) (Entered: 05/21/1992)

RESPONSE by plaintiffs' to motion to alter order [772-1], motion to amend order [772-2] (fe) (Entered: 05/27/1992)

MOTION by defendant's for revocation/vacate, or modification/ amend of reference (fe) (Entered: 06/05/1992)

MEMORANDUM by defendant's in support of motion for revocation/vacate [776-1], of motion modification/ amend [776-2] (fe) (Entered: 06/05/1992)

RESPONSE by plaintiff's to motion for revocation/vacate [776-1], motion modification/ amend [776-2] (fe) (Entered: 06/15/1992)

ORDER by Honorable Bruce M. Van Sickle with NOTICE OF ENTRY: granting motion modification/ amend [776-2] Counsel for Pltfs and others are allowed reasonable access to all information, records, residential environments, program areas, or any other program, service or facility serving any class member herein; (2) Counsel for the parties shall not disclose information obtained pursuant to this Order, except to persons directly associated with them and seeking implementation of this Court's orders, or except when necessary in proceedings before this Court (cc: all counsel) (ks) (Entered: 06/25/1992)

MOTION by defendant for ruling (ks) Modified on 10/21/1992 (Entered: 07/02/1992)

MEMORANDUM AND ORDER by Honorable Bruce M. Van Sickle denying motion to alter order [772-1] denying motion to amend order [772-2] denying motion for revocation/vacate [776-1] denying motion modification/ amend [776-2] with NOTICE OF ENTRY: (cc: all counsel) (ks) (Entered: 07/13/1992)

Notice of appeal by defendant from Dist. Court order [781-1] Appeal fee paid (fe) (Entered: 07/28/1992)

MOTION by defendant's to stay pending appeal (fe) (Entered: 07/28/1992)

MEMORANDUM by defendant's in support of motion to stay pending appeal [783-1] (fe) (Entered: 07/28/1992)

Appeal Record Sent to USCA

2 CERTIFIED and one plain copy of Notice of Appeal, Memorandum and Order entered on 07/13/92, Order entered 4/29/92, NOA Supplement, Docket Entries, forwarded to USCA8, St. Paul via cert. rrr mail; TO APPELLANTS: Appeal Form A, Docket Entries; TO APPELLEES: Notice of Appeal, Appeal Form B, Docket Entries; TO COURT REPORTER: Notice of Appeal (fe)

RECEIPT #061127 in the sum of $105 (fe) (Entered: 07/28/1992)

STIPULATION/MOTION by plaintiff's for substitution of parties Counsel for the parties hereby stipulate to substitute Charles Mertens for Richard Rayl and Yvonne Smith for Lee Smutzler as defendants to this action. Counsel for the parties further agree to strike "and Chief of Administrative Officer of San Haven Division" from Henry Meece's title. (fe) (Entered: 07/30/1992)

MEMORANDUM AND ORDER by Honorable Bruce M. Van Sickle granting motion for modification of order [746-1] with NOTICE OF ENTRY: (cc: all counsel, panel of special masters) The court finds that the allowable hourly rate for plaintiffs' counsel shall be increased to $110.00 per hour. (fe) (Entered: 07/31/1992)

RESPONSE by plaintiff's to motion to stay pending appeal [783-1] (fe) (Entered: 08/11/1992)

ORDER by Honorable Bruce M. Van Sickle with NOTICE OF ENTRY: denying motion to stay pending appeal [783-1] (cc: all counsel, JVS, Panel) (fe) (Entered: 08/12/1992)

MOTION by plaintiffs to clarify, and/or to amend and seek authority from the district court to retain the support staff necessary to adequately present pltfs case to the Master's Panel (ks) Modified on 10/21/1992 (Entered: 09/28/1992)

MEMORANDUM (Brief) by plaintiffs in support of motion to clarify [790-1], of motion to amend [790-2] (ks) (Entered: 09/28/1992)

AFFIDAVIT of Michael J Williams (ks) (Entered: 09/28/1992)

RESPONSE by defendant to motion to clarify [790-1], motion to amend [790-2] (ks) (Entered: 10/06/1992)

AFFIDAVIT of Sara B. Gullickson (ks) (Entered: 10/06/1992)

AFFIDAVIT in compliance with Local Rule 4 re: Defendants' Interrogatories and Request for Production to Plaintiffs (fe) (Entered: 10/08/1992)

LETTER from plaintiff ARC advising parties have agreed as to the level of necessary legal support that can be accessed by plaintiffs, rending motion moot and said motion may be withdrawn. (de) (Entered: 10/18/1992)

AFFIDAVIT in compliance with Local Rule 4 re: Dft Resp to Pla Request for Production of Documents (de) (Entered: 10/28/1992)

CLERK'S MINUTES: of Compliance Hrg 1st Day before Special Masters: Opening remarks by Chairman Randy Lee. Opening Stmt by Sara Gullickson on behalf of Defts. Dft case commences. (de) Modified on 06/02/1993

Minutes - Miscellaneous

CLERK'S MINUTES: of Compliance Hrg 2nd Day before Panel of Special Masters: Dft case continues. (de) Modified on 06/02/1993

Minutes - Miscellaneous

CLERK'S MINUTES: of Compliance Hrg 3rd Day before Panel of Special Masters: Dft case continues. Recess to 12/03/92 @ 9:00 am. (de) Modified on 06/02/1993

Minutes - Miscellaneous

AFFIDAVIT in compliance with Local Rule 4 re: Defendants' Answers to Plaintiffs' Interrogatories (fe) (Entered: 11/30/1992)

MANDATE from Circuit Court of Appeals dismissing the appeal [782-1] for lack of jurisdiction (fe) (Entered: 11/30/1992)

CLERK'S MINUTES: of Compliance Hrg 4th Day before Panel of Special Masters: Chairman Lee advises that counsel have indicated that negotiations for settlement are being discussed and will advise if further hearings are necessary. Hrgs scheduled for 12/3, 12/4 & 12/5 cancelled; Hrg scheduled for 12/14 remains scheduled at this time & counsel will advise re progress of settlement negotiations. Recess. (de) Modified on 06/02/1993

Minutes - Miscellaneous

CLERK'S MINUTES: of Compliance Hrg 5th Day before Panel of Special Masters: Counsel advise unable to reach settlement in the case. Deft case continues. Recess. (de) Modified on 06/02/1993

Minutes - Miscellaneous

CLERK'S MINUTES: of Compliance Hrg 6th Day before Panel of Special Masters: Deft case continues. Recess. (de) Modified on 06/02/1993

Minutes - Miscellaneous

CLERK'S MINUTES: of Compliance Hrg 7th Day before Panel of Special Masters: Deft case continues. Recess. (de) Modified on 06/02/1993

Minutes - Miscellaneous

CLERK'S MINUTES: of Compliance Hearing 8th Day before Panel of Special Masters: Deft case continues. Chairman Lee advises of rulings on Pla Exhibits 219 thru 286 & 288 thru 296, and will send counsel a letter of explanation thereof and file with the Clerk in Fargo when Hrg reconvenes on 12/28/92; to be marked "Panel Ex. No. 1." Recess. (de) Modified on 06/02/1993

Minutes - Miscellaneous

CLERK'S MINUTES: of Compliance Hrg 9th Day before Panel of Special Masters: Deft case continues. Recess. (de) Modified on 06/02/1993

Minutes - Miscellaneous

CLERK'S MINUTES: of Compliance Hrg 10th Day before Panel of Special Masters: Deft case continues. Recess until 9:00 am, 12/28/92 at Fargo. (de) Modified on 06/02/1993

Minutes - Miscellaneous

CLERK'S MINUTES: of COMPLIANCE HRG (in Fargo) - 11th DAY - before Honorable Panel of Special Masters: Chairman Lee provided copies of Panel Ex. #1, Evidentiary Rulings on certain exhibits, to all counsel; Dfts case continues - RECESS 4:05 PM (fe) Modified on 06/02/1993

Minutes - Miscellaneous

CLERK'S MINUTES: of Compliance Hrg (in Fgo) 12th Day; before Panel of Special Masters Deft. case continues; Recess 2:50 (jlo) Modified on 06/02/1993