Case: U.S. v. New Mexico

1:89-cv-01165 | U.S. District Court for the District of New Mexico

Filed Date: Oct. 27, 1989

Closed Date: 1997

Clearinghouse coding complete

Case Summary

On January 21, 1987, the Civil Rights Division of the U.S. Department of Justice (DOJ), notified the State of New Mexico, of its intent to investigate, pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997, allegations of unconstitutional conditions at the Los Lunas Hospital and Training School, Los Lunas, New Mexico. Following its investigation, the DOJ issued its findings letter on September 12, 1988. The findings letter detailed the unconstitutional conditi…

On January 21, 1987, the Civil Rights Division of the U.S. Department of Justice (DOJ), notified the State of New Mexico, of its intent to investigate, pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997, allegations of unconstitutional conditions at the Los Lunas Hospital and Training School, Los Lunas, New Mexico. Following its investigation, the DOJ issued its findings letter on September 12, 1988. The findings letter detailed the unconstitutional conditions revealed by the investigation, which included Los Lunas' failure (1) to provide minimally adequate training programs sufficient to ensure that residents were free from undue bodily and chemical restraints, (2) to provide minimally adequate medical staff and medical care and (3) to provide minimally adequate resident supervision to protect residents from unreasonable risks to their health and safety.

On October 27 . 1989, the DOJ filed a lawsuit pursuant to CRIPA in United States District Court for the District of New Mexico regarding the conditions at the Los Lunas Hospital and Training School, Los Lunas, New Mexico. The case was settled shortly thereafter. A formal Settlement Agreement was signed and entered as a formal order of the District Court on February 1, 1988. The Agreement called for implementation of various reforms at Los Lunas. The implementation period followed with the parties filing quarterly compliance reports thereafter until 1997.

On September 22, 1997, the District Court (Judge James A. Parker) granted the parties' joint motion to terminate consent decree and dismiss case.

Summary Authors

Dan Dalton (4/17/2007)

People


Judge(s)

Parker, James Aubrey (New Mexico)

Attorneys(s) for Plaintiff

Deerinwater, Verlin Hughes (District of Columbia)

Dennis, Edward S.G. Jr. (District of Columbia)

Katz, Cynthia L. (District of Columbia)

Lutz, William L. (New Mexico)

Nelson, Mellie H. (District of Columbia)

Peabody, Arthur E. Jr. (District of Columbia)

Reynolds, William Bradford (District of Columbia)

Schwartz, Jeremy I. (District of Columbia)

Turner, James P. (District of Columbia)

Judge(s)

Parker, James Aubrey (New Mexico)

Attorneys(s) for Plaintiff

Deerinwater, Verlin Hughes (District of Columbia)

Dennis, Edward S.G. Jr. (District of Columbia)

Katz, Cynthia L. (District of Columbia)

Lutz, William L. (New Mexico)

Nelson, Mellie H. (District of Columbia)

Peabody, Arthur E. Jr. (District of Columbia)

Reynolds, William Bradford (District of Columbia)

Schwartz, Jeremy I. (District of Columbia)

Turner, James P. (District of Columbia)

Attorneys(s) for Defendant

Cerf, Christopher (District of Columbia)

Coppin, Chris (New Mexico)

Coskey, Susan (District of Columbia)

Klein, Joel I. (District of Columbia)

Stratton, Hal (New Mexico)

Documents in the Clearinghouse

Document

Docket (PACER)

Sept. 22, 1997 Docket

Memorandum re: Recomendation to investigate Los Lunas Hospital and Training School, Los Lunas, New Mexico pursuant to CRIPA 42 U.S.C Section 1997-1997j

Jan. 13, 1987 Justification Memo

Notice letter re: Intention to Investigate Los Lunas Hospital and Training School, Los Lunas, New Mexico

Jan. 21, 1987 Notice Letter

Findings letter re: Investigation of Los Lunas Hospital and Training School, 42 U.S.C. Section 1997b(a)(1)

No Court

Sept. 12, 1988 Findings Letter/Report

Complaint

Oct. 27, 1989 Complaint

Settlement Agreement

Feb. 2, 1990 Settlement Agreement

Resources

Title Description External URL

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: New Mexico

Case Type(s):

Intellectual Disability (Facility)

Key Dates

Filing Date: Oct. 27, 1989

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Los Lunas Hospital and Training School (Los Lunas ), State

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1989 - 1997

Issues

General:

Neglect by staff

Restraints : chemical

Restraints : physical

Staff (number, training, qualifications, wages)

Totality of conditions

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run