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

1:80-cv-00141 | U.S. District Court for the District of North Dakota

Filed Date: Sept. 26, 1980

Closed Date: 1996

Clearinghouse coding complete

Case Summary

On September 26, 1980, the Association for Retarded Citizens of North Dakota (ARC-ND) and six citizens with intellectual disabilities filed a class action lawsuit in the United States District Court for the District of North Dakota against the state. ARC-ND sought declaratory and injunctive relief regarding treatment and conditions in the Grafton State School's (later named the Developmental Center) facilities in Grafton and Dunseith. ARC-ND was represented by a private attorney and Legal Ser…

On September 26, 1980, the Association for Retarded Citizens of North Dakota (ARC-ND) and six citizens with intellectual disabilities filed a class action lawsuit in the United States District Court for the District of North Dakota against the state. ARC-ND sought declaratory and injunctive relief regarding treatment and conditions in the Grafton State School's (later named the Developmental Center) facilities in Grafton and Dunseith. ARC-ND was represented by a private attorney and Legal Services of Northwest Minnesota.

On November 4, 1981, prior to a trial, the court entered a consent decree. The defendants agreed to improve the conditions in the school by limiting the use of medications, ceasing corporal punishment, reducing the use of physical restraints, instituting proper feeding programs, conducting a skill and needs inventory on all residents, and hiring an additional 125 personnel. The court entered a separate order granting attorneys' fees to plaintiffs.

The defendants failed to comply with either order and a trial was held in early 1982. The district court (Judge Bruce M. Van Sickle) entered a broad permanent injunction based on violations of the plaintiff's due process rights, rights to privacy and free associations, the Education for All Handicapped Children Act, the Rehabilitation Act of 1973, and state law. Association for Retarded Citizens v. Olson, 561 F. Supp. 473 (D.N.D. 1982). The court found that North Dakota spent less per resident than any other state and there were significant problems related to the treatment of residents. The order required defendants to provide individualized habilitation plans for residents, provide appropriate food, shelter, and medical care, and provide an environment that assured privacy rights for residents. This order was affirmed by the United States Court of Appeals for the Eighth Circuit (Judge Myron H. Bright). Association for Retarded Citizens v. Olson, 713 F.2d 1384, 1396 (8th Cir. 1983).

In March of 1990, the district court entered an order affirming its 1982 order with a modification requiring the state to meet the standards of the Accreditation Council on Services for People with Developmental Disabilities. The defendants appealed and the Court of Appeals (Judge James B. Loken) remanded so the district court could consider a 1984 Supreme Court decision holding that federal courts cannot enjoin state institutions on the basis of state law. Association for Retarded Citizens v. Sinner, 942 F.2d 1235 (8th Cir. 1991).

On remand, the district court appointed a Panel of Masters to conduct hearings and report to the court. The district court (Judge Van Sickle) adopted the panel's report in its entirety and found that the state had made significant improvements and no longer violated the federal rights of its residents with intellectual disabilities. Association for Retarded Citizens v. Schafer, 872 F. Supp. 689 (D.N.D. 1995). The court terminated and dismissed the permanent injunction and granted substantial attorneys' fees to plaintiffs.

The state appealed a part of the award of attorneys' fees and the Court of Appeals (Judge James B. Loken) reversed, holding that the fees were not reasonable because the plaintiffs expended fees when there was little chance for success. Association for Retarded Citizens v. Schafer, 83 F.3d 1008 (8th Cir. 1996). The Court of Appeals did not remand; rather, it determined that the plaintiffs had already received sufficient fees. On November 11, 1996, the Supreme Court denied certiorari. N.D. Ass'n of Retarded Citizens v. Schafer, 519 U.S. 993 (U.S. 1996).

We have no further information on this matter.

Summary Authors

Angela Heverling (5/7/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/10023444/parties/arc-v-schafer/


Judge(s)

Arnold, Morris Sheppard (Arkansas)

Bright, Myron H. (North Dakota)

Gibson, John R. (Missouri)

Hanson, Ellen C. (Missouri)

Loken, James B. (Minnesota)

McMillian, Theodore (Missouri)

Van Sickle, Bruce Marion (North Dakota)

Attorneys(s) for Plaintiff

Kapsner, John C. (North Dakota)

Schneider, Mary Deutsch (North Dakota)

Williams, Michael J. (North Dakota)

Judge(s)

Arnold, Morris Sheppard (Arkansas)

Bright, Myron H. (North Dakota)

Gibson, John R. (Missouri)

Hanson, Ellen C. (Missouri)

Loken, James B. (Minnesota)

McMillian, Theodore (Missouri)

Van Sickle, Bruce Marion (North Dakota)

Attorneys(s) for Plaintiff

Kapsner, John C. (North Dakota)

Schneider, Mary Deutsch (North Dakota)

Williams, Michael J. (North Dakota)

Attorneys(s) for Defendant

Benson, Allan (North Dakota)

Gullickson, Sara Beth (North Dakota)

Heitkamp, M. K. (North Dakota)

Hovland, Daniel L. (North Dakota)

Johnson, Rick D. (North Dakota)

Jordheim, Lynn (North Dakota)

Spaeth, Nicholos J. (North Dakota)

Vukelic, James M. (North Dakota)

Wefald, Robert O. (North Dakota)

Wolf, Albert A. (North Dakota)

Documents in the Clearinghouse

Document

1:80-cv-00141

Docket [PACER]

Assoc. for Retarded Citizens of North Dakota v. Schafer

Dec. 2, 1996

Dec. 2, 1996

Docket

1:80-cv-00141

Memorandum

561 F.Supp. 470

Nov. 13, 1981

Nov. 13, 1981

Order/Opinion

1:80-cv-00141

Memorandum and Order

561 F.Supp. 473

Aug. 31, 1982

Aug. 31, 1982

Order/Opinion

1:80-cv-00141

Memorandum and Order

561 F.Supp. 495

Nov. 19, 1982

Nov. 19, 1982

Order/Opinion

82-01798

82-02423

82-02545

82-02365

Opinion

U. S. Court of Appeals for the Eighth Circuit

713 F.2d 1384

Aug. 12, 1983

Aug. 12, 1983

Order/Opinion

1:80-cv-00141

Memorandum and Order

Assoc. for Retarded Citizens of North Dakota v. Sinner

115 F.R.D. 28

Feb. 6, 1987

Feb. 6, 1987

Order/Opinion

90-05397

[Reported Opinion]

Assoc. for Retarded Citizens of North Dakota v. Sinner

U. S. Court of Appeals for the Eighth Circuit

942 F.2d 1235

Aug. 14, 1991

Aug. 14, 1991

Order/Opinion
859

1:80-cv-00141

Opinion

Assoc. for Retarded Citizens of North Dakota v. Schafer

872 F.Supp. 689

Jan. 11, 1995

Jan. 11, 1995

Order/Opinion

95-01496

Reported Opinion

Assoc. for Retarded Citizens of North Dakota v. Schafer

U. S. Court of Appeals for the Eighth Circuit

83 F.3d 1008

May 15, 1996

May 15, 1996

Order/Opinion

96-00417

Memorandum Decision

Assoc. for Retarded Citizens of North Dakota v. Schafer

Supreme Court of the United States

519 U.S. 993, 117 S.Ct. 482, 136 L.Ed.2d 376

Nov. 18, 1996

Nov. 18, 1996

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10023444/arc-v-schafer/

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

ECF Number Description Date Link Date / Link
1

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

Sept. 26, 1980

Sept. 26, 1980

PACER
73

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

Sept. 8, 1981

Sept. 8, 1981

PACER
710

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)

March 19, 1990

March 19, 1990

PACER
720

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)

June 14, 1990

June 14, 1990

PACER
724

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)

July 24, 1990

July 24, 1990

PACER
725

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

July 27, 1990

July 27, 1990

PACER
728

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

July 27, 1990

July 27, 1990

PACER
729

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

July 27, 1990

July 27, 1990

PACER

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)

July 27, 1990

July 27, 1990

PACER
736

(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)

Sept. 17, 1990

Sept. 17, 1990

PACER
738

(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)

Aug. 14, 1991

Aug. 14, 1991

PACER
739

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

Sept. 5, 1991

Sept. 5, 1991

PACER
740

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)

Oct. 9, 1991

Oct. 9, 1991

PACER
741

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

Oct. 15, 1991

Oct. 15, 1991

PACER
742

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

Nov. 6, 1991

Nov. 6, 1991

PACER
743

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)

Nov. 25, 1991

Nov. 25, 1991

PACER
744

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)

Nov. 26, 1991

Nov. 26, 1991

PACER
745

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

Jan. 8, 1992

Jan. 8, 1992

PACER
746

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

Jan. 10, 1992

Jan. 10, 1992

PACER
747

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

Jan. 10, 1992

Jan. 10, 1992

PACER
748

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)

Jan. 10, 1992

Jan. 10, 1992

PACER
749

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)

Jan. 17, 1992

Jan. 17, 1992

PACER
750

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)

Jan. 17, 1992

Jan. 17, 1992

PACER
751

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)

Jan. 17, 1992

Jan. 17, 1992

PACER
752

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)

Jan. 17, 1992

Jan. 17, 1992

PACER
753

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)

Jan. 17, 1992

Jan. 17, 1992

PACER
754

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)

Jan. 17, 1992

Jan. 17, 1992

PACER
755

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)

Jan. 17, 1992

Jan. 17, 1992

PACER
756

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

Jan. 28, 1992

Jan. 28, 1992

PACER
757

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

Jan. 29, 1992

Jan. 29, 1992

PACER
758

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

Jan. 31, 1992

Jan. 31, 1992

PACER
759

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

Feb. 3, 1992

Feb. 3, 1992

PACER
760

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)

Feb. 3, 1992

Feb. 3, 1992

PACER
761

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

Feb. 4, 1992

Feb. 4, 1992

PACER
762

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

Feb. 24, 1992

Feb. 24, 1992

PACER
763

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

March 19, 1992

March 19, 1992

PACER
764

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

March 19, 1992

March 19, 1992

PACER
765

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

March 24, 1992

March 24, 1992

PACER

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

March 24, 1992

March 24, 1992

PACER
766

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

March 26, 1992

March 26, 1992

PACER
767

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

April 7, 1992

April 7, 1992

PACER
768

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

April 7, 1992

April 7, 1992

PACER
769

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

April 13, 1992

April 13, 1992

PACER
770

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

April 14, 1992

April 14, 1992

PACER
771

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)

April 29, 1992

April 29, 1992

PACER
772

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

May 13, 1992

May 13, 1992

PACER
773

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

May 13, 1992

May 13, 1992

PACER
774

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)

May 21, 1992

May 21, 1992

PACER
775

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

May 27, 1992

May 27, 1992

PACER
776

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

June 5, 1992

June 5, 1992

PACER
777

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

June 5, 1992

June 5, 1992

PACER
778

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

June 15, 1992

June 15, 1992

PACER
779

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)

June 25, 1992

June 25, 1992

PACER
780

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

July 2, 1992

July 2, 1992

PACER
781

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)

July 13, 1992

July 13, 1992

PACER
782

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

July 24, 1992

July 24, 1992

PACER

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)

July 24, 1992

July 24, 1992

PACER
783

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

July 24, 1992

July 24, 1992

PACER
784

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

July 24, 1992

July 24, 1992

PACER
785

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

July 28, 1992

July 28, 1992

PACER
786

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)

July 29, 1992

July 29, 1992

PACER
787

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)

July 31, 1992

July 31, 1992

PACER
788

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

Aug. 11, 1992

Aug. 11, 1992

PACER
789

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)

Aug. 12, 1992

Aug. 12, 1992

PACER
790

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)

Sept. 28, 1992

Sept. 28, 1992

PACER
791

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

Sept. 28, 1992

Sept. 28, 1992

PACER
792

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

Sept. 28, 1992

Sept. 28, 1992

PACER
793

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

Oct. 6, 1992

Oct. 6, 1992

PACER
794

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

Oct. 6, 1992

Oct. 6, 1992

PACER
795

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

Oct. 8, 1992

Oct. 8, 1992

PACER
796

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)

Oct. 16, 1992

Oct. 16, 1992

PACER
797

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

Oct. 27, 1992

Oct. 27, 1992

PACER

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

Nov. 11, 1992

Nov. 11, 1992

PACER

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

Nov. 12, 1992

Nov. 12, 1992

PACER

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

Nov. 13, 1992

Nov. 13, 1992

PACER
798

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

Nov. 30, 1992

Nov. 30, 1992

PACER
799

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

Nov. 30, 1992

Nov. 30, 1992

PACER

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

Dec. 3, 1992

Dec. 3, 1992

PACER

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

Dec. 14, 1992

Dec. 14, 1992

PACER

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

Dec. 15, 1992

Dec. 15, 1992

PACER

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

Dec. 16, 1992

Dec. 16, 1992

PACER

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

Dec. 17, 1992

Dec. 17, 1992

PACER

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

Dec. 18, 1992

Dec. 18, 1992

PACER

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

Dec. 19, 1992

Dec. 19, 1992

PACER

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

Dec. 28, 1992

Dec. 28, 1992

PACER

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

Dec. 29, 1992

Dec. 29, 1992

PACER
800

ORDER by Honorable Bruce M. Van Sickle with NOTICE OF ENTRY: denying motion for substitution of parties [786-1] (cc: all counsel) (ks) (Entered: 01/13/1993)

Jan. 12, 1993

Jan. 12, 1993

PACER
801

TRANSCRIPT OF TESTIMONY OF KATHLEEN SCHWANINGER filed (fe) (Entered: 03/23/1993)

March 23, 1993

March 23, 1993

PACER
802

NOTICE of Hearings at 9:00 AM, Ct Rm #2, Bismarck on June 7-9; July 6-10; July 12-14; July 19; July 21-24 and August 5-7, 1993 cc:special master panel members; counsel of record (cms) (Entered: 05/26/1993)

May 26, 1993

May 26, 1993

PACER
803

MOTION IN LIMINE by defendants to exclude report of Dr. Kevin Schumacher (de) (Entered: 06/08/1993)

June 8, 1993

June 8, 1993

PACER

CLERK'S MINUTES: of Compliance Hrg before Panel of Special Masters on 06/07,08,09/93: Dft advises rested on 12/29/92. Chairman Lee advises Pla entitled to State records and refers to order of 06/25/92. Dfts advise Governor Schafer automatically substituted as party def. Pla Opening Stmt; Pla case commences. Panel stands on 6/7/93 ruling re current compliance. Motion to exclude report of Dr. Kevin Schumacher denied [803-1]. Recess to 7/6/93 1:00 pm. (de)

June 10, 1993

June 10, 1993

PACER
804

MOTION by defendants' for protective order (fe) (Entered: 06/15/1993)

June 15, 1993

June 15, 1993

PACER
805

MEMORANDUM by defendants' in support of motion for protective order [804-1] (fe) (Entered: 06/15/1993)

June 15, 1993

June 15, 1993

PACER
806

RESPONSE by plaintiff's to motion for protective order [804-1] (fe) (Entered: 06/21/1993)

June 21, 1993

June 21, 1993

PACER
807

MOTION by defendant's for leave to file reply brief (fe) (Entered: 06/23/1993)

June 23, 1993

June 23, 1993

PACER
808

MEMORANDUM by defendant's in support of motion for leave to file reply brief [807-1] (fe) (Entered: 06/23/1993)

June 23, 1993

June 23, 1993

PACER
809

MEMORANDUM AND ORDER by Honorable Bruce M. Van Sickle denying motion for protective order [804-1] denying memorandum [805-1] denying motion response [806-1] denying motion for leave to file reply brief [807-1] denying memorandum [808-1] with NOTICE OF ENTRY: (cc: all counsel) (de) (Entered: 07/06/1993)

July 6, 1993

July 6, 1993

PACER
810

RULINGS by Master Panel Chairman Lee re depo of Dr. David Braddock. (de) Modified on 07/14/1993 (Entered: 07/14/1993)

July 6, 1993

July 6, 1993

PACER
811

RULING by Master Panel Chairman Lee re "additional fact witnesses (de) (Entered: 07/14/1993)

July 6, 1993

July 6, 1993

PACER
812

DEFTS MOTION in limine to redact certain portions of the Report of Dr. Sue Gant (de) (Entered: 07/14/1993)

July 6, 1993

July 6, 1993

PACER

Case Details

State / Territory: North Dakota

Case Type(s):

Intellectual Disability (Facility)

Key Dates

Filing Date: Sept. 26, 1980

Closing Date: 1996

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Association for Retarded Citizens and all persons who, as of September 26, 1980, and at any time thereafter, have been or may become residents of the Grafton state school.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of North Dakota (Grafton and Dunseith , Walsh), State

Grafton and San Haven State Facilities , State

Case Details

Causes of Action:

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

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

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

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1982 - 1995

Issues

General:

Fire safety

Food service / nutrition / hydration

Habilitation (training/treatment)

Individualized planning

Neglect by staff

Restraints : physical

Staff (number, training, qualifications, wages)

Crowding:

Crowding / caseload

Mental Disability:

Intellectual/developmental disability, unspecified

Type of Facility:

Government-run