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

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/9088226/parties/united-states-v-new-mexico-state-of/


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

1:89-cv-01165

Docket (PACER)

Sept. 22, 1997

Sept. 22, 1997

Docket

1:89-cv-01165

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

Jan. 13, 1987

Justification Memo

1:89-cv-01165

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

Jan. 21, 1987

Jan. 21, 1987

Notice Letter

1:89-cv-01165

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

No Court

Sept. 12, 1988

Sept. 12, 1988

Findings Letter/Report

1:89-cv-01165

Complaint

Oct. 27, 1989

Oct. 27, 1989

Complaint

1:89-cv-01165

Settlement Agreement

Feb. 2, 1990

Feb. 2, 1990

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/9088226/united-states-v-new-mexico-state-of/

Last updated Sept. 3, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
27

NOTICE of Quarterly Compliance Report by defendant New Mexico, State of, defendant Garrey Carruthers, defendant NM Health & Envrnmt, defendant Dennis Boyd, defendant Los Lunas Hospital, defendant Miriam Brownstein (pg) (Entered: 03/15/1991)

March 15, 1991

March 15, 1991

PACER
28

MOTION by plaintiff USA to consolidate cases w/Cv-87-839 JP (pg) (Entered: 04/22/1991)

April 19, 1991

April 19, 1991

PACER
29

MEMORANDUM by plaintiff USA in support of motion to consolidate cases w/Cv-87-839 JP [28-1] (pg) (Entered: 04/22/1991)

April 19, 1991

April 19, 1991

PACER
30

MOTION by New Mexico, State of, Garrey Carruthers, NM Health & Envrnmt, Dennis Boyd, Los Lunas Hospital, Miriam Brownstein to extend time in which to respond to pltfs mtn to consolidate until 5/22/91 (pg) (Entered: 05/02/1991)

May 1, 1991

May 1, 1991

PACER
31

ENTRY OF APPEARANCE for New Mexico, State of, Garrey Carruthers, NM Health & Envrnmt, Dennis Boyd, Los Lunas Hospital, Miriam Brownstein by Robert T. Booms (pg) (Entered: 05/02/1991)

May 1, 1991

May 1, 1991

PACER
32

MOTION to withdraw attorney Joel I Klein counsel for defts (pg) (Entered: 05/13/1991)

May 13, 1991

May 13, 1991

PACER
33

MEMORANDUM in support of motion to withdraw attorney Joel I Klein counsel for defts [32-1] (pg) (Entered: 05/13/1991)

May 13, 1991

May 13, 1991

PACER
34

CERTIFICATE of serrvice of mtn for w/d w/memo to opposing counsel on 5/3/91 by defts (pg) (Entered: 05/13/1991)

May 13, 1991

May 13, 1991

PACER
35

NOTICE of the quarterly compliance report compiled as required by the settlement agreement (pg) (Entered: 05/14/1991)

May 13, 1991

May 13, 1991

PACER
36

ORDER by Judge James A. Parker granting motion to withdraw attorney Joel I Klein counsel for defts [32-1] (cc: all counsel) (pg) (Entered: 05/16/1991)

May 16, 1991

May 16, 1991

PACER
37

RESPONSE by defendants to motion to consolidate cases w/Cv-87-839 JP [28-1] (pg) (Entered: 05/23/1991)

May 22, 1991

May 22, 1991

PACER
38

MEMORANDUM by plaintiff USA in opposition to motion to consolidate cases w/Cv-87-839 JP [28-1] (pg) (Entered: 05/28/1991)

May 22, 1991

May 22, 1991

PACER
39

ORDER by Judge James A. Parker granting motion to extend time in which to respond to pltfs mtn to consolidate until 5/22/91 [30-1] (cc: all counsel) (pg) (Entered: 06/05/1991)

June 5, 1991

June 5, 1991

PACER
40

REPLY by plaintiff USA to Jackson pltfs' and defts memoranda in opposition to to response to motion to consolidate cases w/Cv-87-839 JP [28-1] (pg) (Entered: 06/06/1991)

June 6, 1991

June 6, 1991

PACER
41

ORDER by Judge James A. Parker denying motion to consolidate cases w/Cv-87-839 JP [28-1] (cc: all counsel) (pg) (Entered: 06/20/1991)

June 20, 1991

June 20, 1991

PACER
42

NOTICE by defendants of filing Quarterly Compliance Report as required in the Settlement Agreement for the period from 5/1/91 through 7/31/91 (pr) (Entered: 08/13/1991)

Aug. 13, 1991

Aug. 13, 1991

PACER
43

NOTICE of filing quarterly compliance report by defendants (pg) (Entered: 11/19/1991)

Nov. 18, 1991

Nov. 18, 1991

PACER
44

NOTICE of filing quarterly compliance report by defendant (pg) (Entered: 02/12/1992)

Feb. 12, 1992

Feb. 12, 1992

PACER
45

NOTICE of filing quarterly compliance report by defts (pg) (Entered: 05/14/1992)

May 14, 1992

May 14, 1992

PACER
46

NOTICE of filing quarterly compliance report May 1, l992 through July 31, l992 by defendant (pg) (Entered: 08/13/1992)

Aug. 13, 1992

Aug. 13, 1992

PACER
47

NOTICE of filing quarterly compliance report by defts New Mexico, State of, Garrey Carruthers, NM Health & Envrnmt, Dennis Boyd, Los Lunas Hospital, Miriam Brownstein (pg) (Entered: 11/17/1992)

Nov. 17, 1992

Nov. 17, 1992

PACER
48

NOTICE by defendants of filing Quarterly Compliance Report (pr) (Entered: 02/17/1993)

Feb. 16, 1993

Feb. 16, 1993

PACER
49

NOTICE by defendant of Quarterly Compliance Report as required in the Settlement Agreement (pg) (Entered: 05/17/1993)

May 17, 1993

May 17, 1993

PACER
50

NOTICE of filing Quarterly Compliance Report by defts New Mexico, State of, Garrey Carruthers, NM Health & Envrnmt, Dennis Boyd, Los Lunas Hospital and Miriam Brownstein (pg) (Entered: 08/16/1993)

Aug. 16, 1993

Aug. 16, 1993

PACER
51

NOTICE of Quarterly Compliance Report by defendants (pg) (Entered: 11/23/1993)

Nov. 23, 1993

Nov. 23, 1993

PACER
52

NOTICE of filing Quarterly Compliance Report by defendant (pg) (Entered: 02/16/1994)

Feb. 16, 1994

Feb. 16, 1994

PACER
53

SUPPLEMENT to the Quarterly Compliance Report by defendant [52-1] (pg) (Entered: 02/16/1994)

Feb. 16, 1994

Feb. 16, 1994

PACER
54

NOTICE of filing quarterly compliance report by defendants (dmw) (Entered: 05/24/1994)

May 24, 1994

May 24, 1994

PACER
55

QUARTERY COMPLIANCE REPORT by defendants for period 5/1/94 through 7/31/94 (former employee) (Entered: 08/24/1994)

Aug. 24, 1994

Aug. 24, 1994

PACER
56

QUARTERLY COMPLIANCE REPORT by defendants for the period 8/1/94 through 10/31/94 (dmw) (Entered: 11/22/1994)

Nov. 21, 1994

Nov. 21, 1994

PACER
57

QUARTERLY COMPLIANCE REPORT by defendants for the period 11/1/94 through 1/31/95 (dmw) (Entered: 02/24/1995)

Feb. 24, 1995

Feb. 24, 1995

PACER
58

QUARTERLY COMPLIANCE REPORT by defendants for the period of 2/1/95 - 4/30/95 (dmw) (Entered: 06/01/1995)

May 25, 1995

May 25, 1995

PACER
59

QUARTERLY COMPLIANCE REPORT by defendants (jrm) (Entered: 08/21/1995)

Aug. 17, 1995

Aug. 17, 1995

PACER
60

AMENDMENT by defendant to quarterly compliance report [59-1] (dmw) (Entered: 10/03/1995)

Sept. 29, 1995

Sept. 29, 1995

PACER
61

QUARTERLY COMPLIANCE REPORT by defendants from 8/1/95 - 10/31/95 (dmw) (Entered: 12/14/1995)

Dec. 12, 1995

Dec. 12, 1995

PACER
62

CERTIFICATE by defendants of service of quarterly compliance report to opposing counsel 12/12/95 (dmw) (Entered: 12/17/1995)

Dec. 13, 1995

Dec. 13, 1995

PACER
63

QUARTERLY COMPLIANCE REPORT by defendants from 11/1/96 [sic] - 1/31/96 (dmw) (Entered: 02/20/1996)

Feb. 15, 1996

Feb. 15, 1996

PACER
64

ENTRY OF APPEARANCE for NM Health & Envrnmt & Los Lunas Hospital by Sally Malave (dmw) (Entered: 05/02/1996)

April 29, 1996

April 29, 1996

PACER
65

QUARTERLY COMPLIANCE REPORT by defendants from 2/1/96 - 4/30/96 (dmw) (Entered: 05/28/1996)

May 22, 1996

May 22, 1996

PACER
66

QUARTERLY COMPLIANCE REPORT by defendants from 5/1/96 - 7/31/96 (dmw) (Entered: 08/22/1996)

Aug. 22, 1996

Aug. 22, 1996

PACER
67

QUARTERLY COMPLAINT REPORT by defendants from 8/1/96 - 10/31/96 (dmw) (Entered: 11/25/1996)

Nov. 22, 1996

Nov. 22, 1996

PACER
68

QUARTERLY COMPLIANCE REPORT by defendants from 11/1/96 - 1/31/97 (dmw) (Entered: 02/24/1997)

Feb. 24, 1997

Feb. 24, 1997

PACER
69

QUARTERLY COMPLIANCE REPORT by defendants from 2/1/97 - 4/30/97 (dmw) (Entered: 05/23/1997)

May 23, 1997

May 23, 1997

PACER
70

QUARTERLY COMPLIANCE REPORT by defts for period 5/1/97 - 7/31/97 (pz) (Entered: 08/15/1997)

Aug. 15, 1997

Aug. 15, 1997

PACER
71

JOINT MOTION by the parties to terminate consent decree & dismiss case (dmw) (Entered: 08/29/1997)

Aug. 29, 1997

Aug. 29, 1997

PACER
72

ORDER by Judge James A. Parker granting joint motion to terminate consent decree & dismiss case [71-1] dismissing case (cc: all counsel) (dmw) (Entered: 09/22/1997)

Sept. 22, 1997

Sept. 22, 1997

PACER

Case Details

State / Territory: New Mexico

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Multi-LexSum (in sample)

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