Case: Homeward Bound v. Hissom Memorial Center

4:85-cv-00437 | U.S. District Court for the Northern District of Oklahoma

Filed Date: May 2, 1985

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On May 2, 1985, Homeward Bound, Inc. filed a class-action lawsuit in the United States District Court for the Northern District of Oklahoma against the Hissom Memorial Center and various state agencies. The lawsuit was brought on behalf of 600 individuals with intellectual disabilities, most of whom were children, who were incarcerated in Hissom Memorial in Sand Springs, Oklahoma. Homeward Bound was represented by private attorneys and attorneys from the Public Interest Law Center of Philadelp…

On May 2, 1985, Homeward Bound, Inc. filed a class-action lawsuit in the United States District Court for the Northern District of Oklahoma against the Hissom Memorial Center and various state agencies. The lawsuit was brought on behalf of 600 individuals with intellectual disabilities, most of whom were children, who were incarcerated in Hissom Memorial in Sand Springs, Oklahoma. Homeward Bound was represented by private attorneys and attorneys from the Public Interest Law Center of Philadelphia and the University of Oklahoma School of Law. The complaint alleged that that the plaintiffs were subject to abuse, neglect, injury, and unnecessary physical and chemical restraints and were denied adequate medical care, clothing, food, and habilitation services. It alleged violations of the Rehabilitation Act, the Social Security Act, the Education of Handicapped Children Act, Due Process, Equal Protection, and the constitutional rights of expression, association, privacy, and family integrity. The complaint alleged that the residents would be better served in community-based placements.

On July 24, 1987, after consultation with experts, the District Court (Judge James Ellison) entered Findings of Fact and Conclusions of Law and a Court Plan and Order of Deinstitutionalization. Homeward Bound, Inc. v. Hissom Memorial Center, Inc., 1987 WL 27104 (N.D. Okla.). The order gave defendants four years to move plaintiffs to community-based alternative placements and provided guidelines for accomplishing that goal.

Litigation continued regarding attorneys' fees and costs. After being awarded attorneys' fees, the plaintiffs requested an enhancement and the district court denied that request. On May 8, 1992, the United States Court of Appeals for the Tenth Circuit (Judge Bobby Ray Baldock) affirmed. Homeward Bound, Inc. v. Hissom Memorial Center, Inc., 963 F.2d 1352 (10th Cir. 1992).

In 1989, the parties entered into a Consent Decree which was approved by the court. The Decree outlined a procedure for moving plaintiffs into the community and would terminate upon substantial compliance. The PACER docket does not provide any information about proceedings between 1987 and 1998. Progress reports were provided to the court. On February 1, 2005, Judge Ellison entered an Amended Permanent Injunction, terminating the case and finding that the Consent Decree imposed a permanent obligation on the defendants to provide individual community services and support to the plaintiffs. On January 24, 2007, the parties entered into a Final Stipulation closing the case and resolving issues of attorneys' fees. A Second Amended Permanent Injunction dated February 6, 2007 and signed by Judge Terence Kern ordered defendants to continue utilizing community based treatment under the previous orders and to seek waivers for those individuals with intellectual disabilities who required institutional-based treatment.

The PACER docket indicates that on February 6, 2007, the case was reassigned to Judge Gregory K. Frizzell. At the time of the writing of this summary, there has been no further activity.

Summary Authors

Angela Heverling (5/23/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/8710482/parties/homeward-bound-inc-v-hissom-memorial/


Judge(s)

Baldock, Bobby Ray (New Mexico)

Ellison, James O. (Oklahoma)

Joyner, Sam A. (Oklahoma)

Kern, Terence C. (Oklahoma)

Attorneys(s) for Plaintiff

Blakemore, Robert Murray (Oklahoma)

Bullock, Louis Werner (Oklahoma)

Cook, Timothy M. (Pennsylvania)

Gilhool, Thomas K. (Pennsylvania)

Gran, Judith A. (Pennsylvania)

Laski, Frank J. (Pennsylvania)

Judge(s)

Baldock, Bobby Ray (New Mexico)

Ellison, James O. (Oklahoma)

Joyner, Sam A. (Oklahoma)

Kern, Terence C. (Oklahoma)

Attorneys(s) for Plaintiff

Blakemore, Robert Murray (Oklahoma)

Bullock, Louis Werner (Oklahoma)

Cook, Timothy M. (Pennsylvania)

Gilhool, Thomas K. (Pennsylvania)

Gran, Judith A. (Pennsylvania)

Laski, Frank J. (Pennsylvania)

Lissau, Michael Joseph (Oklahoma)

Mitchell, Allen (Oklahoma)

Yasser, Raymond (Oklahoma)

Attorneys(s) for Defendant

Andrew, Stephen Lawrence (Oklahoma)

Casus, Mary Ann (Oklahoma)

Cotter, David A. (Oklahoma)

Curnutte, Mark W. (Oklahoma)

Freeman, Richard Weldon Jr. (Oklahoma)

Hardwick, Pamela Thedford (Oklahoma)

Harness, Gordon (Oklahoma)

Holland, Robert John (Oklahoma)

Holmes, Richard K. (Oklahoma)

Hurst, Guy Lee (Oklahoma)

Ikenberry, Kevin (Oklahoma)

Jones, Mark Lawton (Oklahoma)

Langley, A. (Oklahoma)

Lowry, Dick (Oklahoma)

McCormick, Joseph Arthur (Oklahoma)

Miller, Charles A. (District of Columbia)

Moak, Grant E. (Oklahoma)

Nance, Robert A. (Oklahoma)

Pallotta, Howard J. (Oklahoma)

Rambo-Jones, Lynn Susan (Oklahoma)

Russo, Carol J. (Oklahoma)

Sagona, William (Oklahoma)

Sidak, J. Gregory (District of Columbia)

Snider, Jerry (Oklahoma)

Stuart, Roger (Oklahoma)

Tucker, Thomas H. (Oklahoma)

Turpen, Michael C. (Oklahoma)

Waters, Charles Lee (Oklahoma)

Watson, Chuck (Oklahoma)

Wear, Pat (Kentucky)

Other Attorney(s)

Atencio, Delores S. (Colorado)

Barringer, Marilyn D. (Oklahoma)

Bradshaw, Scott W. (Oklahoma)

Coyle, John W. III (Oklahoma)

Feiger, Lynn D. (Colorado)

Roman, Gilbert M. (Colorado)

Salem, Micheal (Oklahoma)

Documents in the Clearinghouse

Document

4:85-cv-00437

Docket (PACER)

Feb. 7, 2007

Feb. 7, 2007

Docket
1

4:85-cv-00437

Class Action Complaint

May 2, 1985

May 2, 1985

Complaint

4:85-cv-00437

Findings of Fact and Conclusions of Law

1987 WL 27104, 1987 U.S.Dist.LEXIS 16866

July 24, 1987

July 24, 1987

Order/Opinion

4:85-cv-00437

Court Plan and Order of Deinstitutionalization

July 24, 1987

July 24, 1987

Order/Opinion

4:85-cv-00437

Consent Decree

Jan. 1, 1989

Jan. 1, 1989

Order/Opinion

91-05006

Opinion

U. S. Court of Appeals for the Tenth Circuit

963 F.2d 1352

May 8, 1992

May 8, 1992

Order/Opinion
1466

4:85-cv-00437

Amended Permanent Injunction

Feb. 1, 2005

Feb. 1, 2005

Order/Opinion
1496

4:85-cv-00437

Agreed Order and Judgment

Homeward Bound v. Hissom Memorial Center

June 5, 2006

June 5, 2006

Order/Opinion
1506

4:85-cv-00437

Final Stipulation

Homeward Bound v. Hissom Memorial Center

Jan. 24, 2007

Jan. 24, 2007

Pleading / Motion / Brief
1507

4:85-cv-00437

Second Amended Permanent Injunction

Feb. 6, 2007

Feb. 6, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8710482/homeward-bound-inc-v-hissom-memorial/

Last updated Aug. 12, 2022, 11:25 a.m.

ECF Number Description Date Link Date / Link
1524

***Sealed Images of Unnumbered Items from Paper File (With attachments) (jln, Dpty Clk) (Main Document 1524 replaced on 8/31/2017 to provide better image. Image as legible as original) (pll, Dpty Clk). (Entered: 03/01/2017)

May 1, 1985

May 1, 1985

PACER
1525

***Sealed Images of Numbered Items from Paper File (Dkt. Nos. of attached documents: 349, 573, 572, 574, 760, 455, 1759) (With attachments) (jln, Dpty Clk) (Entered: 03/01/2017)

May 1, 1985

May 1, 1985

PACER
1

COMPLAINT (Summons(es) issued); (pll, Dpty Clk) (Entered: 02/10/1998)

May 2, 1985

May 2, 1985

Clearinghouse
273

JUDGMENT: by Senior Judge James O. Ellison terminating case (pll, Dpty Clk) (Entered: 02/10/1998)

Oct. 21, 1987

Oct. 21, 1987

PACER

REMARK - ALL PREVIOUS ENTRIES ON PAPER DOCKET (pll, Dpty Clk)

Feb. 4, 1998

Feb. 4, 1998

PACER
813

MOTION by plaintiff Homeward Bound, Inc. for attorney fees and costs for Bullock and Bullock for 12/31/97 to 1/31/98 (pll, Dpty Clk) Modified on 02/13/1998 (Entered: 02/10/1998)

Feb. 6, 1998

Feb. 6, 1998

PACER

MINUTE ORDER: by Judge Ellison: both sides to file status report w/n 10 days for all pendings mots (cc: all counsel) (pll, Dpty Clk)

Feb. 6, 1998

Feb. 6, 1998

PACER
814

STATUS REPORT by Trustee Joseph McCormick and req/funds (Oversized document) (pll, Dpty Clk) Modified on 02/13/1998 (Entered: 02/10/1998)

Feb. 9, 1998

Feb. 9, 1998

PACER
815

STIPULATION re: pltf's 1/6/98 applic/atty fees for $81,645.33 (j2j) (pll, Dpty Clk) Modified on 02/13/1998 (Entered: 02/12/1998)

Feb. 12, 1998

Feb. 12, 1998

PACER
816

JUDGMENT: by Senior Judge James O. Ellison, granting motion for attorney fees and costs [813-1] for Bullock and Bullock for $81,645.33 from DHS, OHCA and DRS (cc: all counsel) (pll, Dpty Clk) (Entered: 02/19/1998)

Feb. 17, 1998

Feb. 17, 1998

PACER
817

STATUS REPORT of pending mots by plaintiff Homeward Bound, Inc., defendant OK Health Care Auth, defendant Department Rehab Svc, see report for details (pll, Dpty Clk) (Entered: 02/23/1998)

Feb. 20, 1998

Feb. 20, 1998

PACER
818

MOTION by defendant All Defendants for order for final report and term consent decree (pll, Dpty Clk) (Entered: 02/23/1998)

Feb. 20, 1998

Feb. 20, 1998

PACER
819

BRIEF by defendant All Defendants in support of motion for order for final report and term consent decree [818-1], of notice [818-1] (pll, Dpty Clk) (Entered: 02/23/1998)

Feb. 20, 1998

Feb. 20, 1998

PACER
820

RESPONSE by plaintiff Homeward Bound, Inc. to [0-0] ct's order of 2/6/98 (pll, Dpty Clk) (Entered: 02/23/1998)

Feb. 20, 1998

Feb. 20, 1998

PACER
821

NOTICE by defendant OK Dept of Human Svc of monthly progress report on development of health care policy for classmembers (mail, c/ret) (pll, Dpty Clk) (Entered: 02/26/1998)

Feb. 25, 1998

Feb. 25, 1998

PACER
822

STIPULATION re [813-1] 2/6/98 application (o2j) (pll, Dpty Clk) (Entered: 03/03/1998)

March 2, 1998

March 2, 1998

PACER
823

ORDER and Judgment by Senior Judge James O. Ellison granting motion for attorney fees and costs [813-1], for Bullock & Bullock for $42,966.76 (cc: all counsel) (pll, Dpty Clk) (Entered: 03/04/1998)

March 3, 1998

March 3, 1998

PACER
824

RESPONSE by plaintiff Homeward Bound, Inc. to dfdt's ntc of transition of last class member [818-1] and motion directing the filing of a final rpt and termination of consent decree [818-1] (fe, Dpty Clk) (Entered: 03/12/1998)

March 11, 1998

March 11, 1998

PACER
828

EXHIBITS (FILED UNDER SEAL) to Plts's resp to Dfdts' ntc of transition of last class member and mtn directing the filing of a final report and termination of consent decree (C2J) (crp, Dpty Clk) (Entered: 03/20/1998)

March 12, 1998

March 12, 1998

PACER
825

ORDER by Senior Judge James O. Ellison that report of Dr. Rubin sealed. Only ct, panel, cnsl for parties, parties and guardian ad litem shall have access to the report (cc: all counsel) (pll, Dpty Clk) (Entered: 03/16/1998)

March 13, 1998

March 13, 1998

PACER
826

CERTIFIED COPY of Order from USCA remanding for limited purpose of considering prop stlmnt. 10th retains jurisdiction (cc: JOE) (pll, Dpty Clk) (Entered: 03/17/1998)

March 16, 1998

March 16, 1998

PACER
827

NOTICE by defendant Joseph A McCormick of report of trustee and req/funds - oversized document (pll, Dpty Clk) (Entered: 03/19/1998)

March 19, 1998

March 19, 1998

PACER

MINUTE ORDER: By Judge Ellison: This matter is set for telephone conference for Friday, 10:00 on 3/27/98 at the request of the guardian ad litem to discuss the issue of non-emergency consents for medical and dental care (cc: all counsel) (pll, Dpty Clk)

March 20, 1998

March 20, 1998

PACER
829

REPLY by defendant OK Health Care Auth, defendant OK Dept of Human Svc, defendant Department Rehab Svc re ntc of transition of last class member [818-1], re mo/terminate consent decree and for final report [818-1] (pll, Dpty Clk) (Entered: 03/26/1998)

March 25, 1998

March 25, 1998

PACER

REMARK - per Lucinda at Health Care Auth, do not need to mail to Pam Hardwick (pll, Dpty Clk)

March 26, 1998

March 26, 1998

PACER

MINUTES:by Senior Judge James O. Ellison.Phone conf in regard to apptg special Gdn for parties needing non-emergency medical & dental care. Statements made & agreement reached. Parties to prepare O on agreement to procedure & submit in 5 days T Copeland-CR (bjm, Dpty Clk)

March 27, 1998

March 27, 1998

PACER

MINUTE ORDER: By Judge Ellison: Defendants' Notice of Transition of Last Class Member; Motion for Order Directing Review of Panel to File Final Report; and Motion to Terminate Consent Decree (Docket #818) is set for hearing on Thursday, the 7th day of May, 1998, at 10:00 a.m. (cc: all counsel) (pll, Dpty Clk)

April 2, 1998

April 2, 1998

PACER
830

MOTION by plaintiff Homeward Bound, Inc., defendant All Defendants for order approving defts' plans/ assurances and prop stlmnt agrmnt (o2j) (pll, Dpty Clk) (Entered: 04/10/1998)

April 9, 1998

April 9, 1998

PACER
831

ORDER by Senior Judge James O. Ellison granting motion for order approving defts' plans/ assurances and prop stlmnt agrmnt [830-1] (cc: all counsel) (pll, Dpty Clk) (Entered: 04/14/1998)

April 13, 1998

April 13, 1998

PACER
832

STATUS REPORT of hearing officer re: Timothy Sanders (pll, Dpty Clk) (Entered: 04/14/1998)

April 13, 1998

April 13, 1998

PACER
833

ORDER by Senior Judge James O. Ellison that #742 obj to prop budget for ofc/Guardian is granted. budget approved in part; ptys to address all addtl pending matters at hrg 5/7/98 (cc: all counsel) (pll, Dpty Clk) (Entered: 04/16/1998)

April 15, 1998

April 15, 1998

PACER
834

MOTION by plaintiff Homeward Bound, Inc. for attorney fees and costs for Bullock & Bullock for 2/1/98 to 3/31/98 (pll, Dpty Clk) (Entered: 04/22/1998)

April 21, 1998

April 21, 1998

PACER
835

MOTION by plaintiff Homeward Bound, Inc. to continue 5/7/98 hrg, and for PT conf/ hearing (o2j) (pll, Dpty Clk) (Entered: 04/22/1998)

April 21, 1998

April 21, 1998

PACER
836

ORDER by Senior Judge James O. Ellison granting motion to continue 5/7/98 hrg [835-1], granting motion for PT conf/ hearing [835-2] ; PRETRIAL CONF set for 9:30 5/14/98 (cc: all counsel) (pll, Dpty Clk) (Entered: 04/23/1998)

April 22, 1998

April 22, 1998

PACER

MINUTE ORDER: By Judge Ellison: IN-COURT HRG set for 10:00 on 5/11/98 in the Court Clerk's Conference Room, Room 333, 224 S Boulder, to discuss Dr. Ruben's report and subsequent reviews. (cc: all counsel) (pll, Dpty Clk)

April 27, 1998

April 27, 1998

PACER
837

REPORT OF TRUSTEE and MOTION by defendant Joseph A McCormick for funds (pll, Dpty Clk) (Entered: 04/30/1998)

April 29, 1998

April 29, 1998

PACER
838

NOTICE of report of hearing officer re: Carmen Perrymore (pll, Dpty Clk) (Entered: 04/30/1998)

April 29, 1998

April 29, 1998

PACER

PROPOSED Order re guardian ad litem's oral appl to consider need for legal representatives to give consent for medical/dental procedures (fe, Dpty Clk)

May 1, 1998

May 1, 1998

PACER
839

SUPPLEMENTAL NOTICE by plaintiff Homeward Bound, Inc. of noncompliance on case management (c2j) (fe, Dpty Clk) (Entered: 05/04/1998)

May 1, 1998

May 1, 1998

PACER
840

ORDER by Senior Judge James O. Ellison re: 3/27/98 hrg on oral applic/legal rep re: consent for non-emergency medical and dental procedures (cc: all counsel) (pll, Dpty Clk) (Entered: 05/06/1998)

May 5, 1998

May 5, 1998

PACER
841

RESPONSE by defendant OK Health Care Auth, defendant OK Dept of Human Svc, defendant Department Rehab Svc to motion for attorney fees and costs [834-1] (mail, c/ret) (pll, Dpty Clk) (Entered: 05/07/1998)

May 6, 1998

May 6, 1998

PACER

PROPOSED Pre-trial Order Received from defendant OK Health Care Auth, defendant OK Dept of Human Svc, defendant Department Rehab Svc (pll, Dpty Clk)

May 7, 1998

May 7, 1998

PACER
842

NOTICE by plaintiff Homeward Bound, Inc. of non-compliance (pll, Dpty Clk) (Entered: 05/08/1998)

May 7, 1998

May 7, 1998

PACER

MINUTES: by Senior Judge James O. Ellison Statements made & Dr Robert Brown discusses medical care. Deft co presents"notebook"- care forms, medications, etc placed UNDER SEAL(w/Judge) until further O of Ct. Ct directs Dr Brown to provide parties w/addl info disacussed & everyone to meet after they have reviewed & report back to Court on 7/9/98, 10:00 & be prepared also to discuss opening of reports to public or not. T Copeland-CR (bjm, Dpty Clk) Modified on 05/11/1998

May 11, 1998

May 11, 1998

PACER

MINUTES:by Senior Judge James O. Ellison ; Pretrial conference held.Statements made. Court directs panel to prepare & file final report(approx 90 days). Ea side will have opportunity to attack final report. Pltf req to take depo of A Wilson granted. To be done in 90 days. Parties to prepare agreed PTO re:addressing final legal issues & submit to Ct by 8/3/98. T Copeland-CR (cc: all counsel) (bjm, Dpty Clk)

May 14, 1998

May 14, 1998

PACER
843

NOTICE by defendant OK Health Care Auth, defendant OK Dept of Human Svc of monthly progress report on health care policy for classmembers (mail, c/ret) (pll, Dpty Clk) (Entered: 05/15/1998)

May 14, 1998

May 14, 1998

PACER
844

NOTICE by defendant OK Health Care Auth, defendant OK Dept of Human Svc of amended monthly progress report on health care policy (pll, Dpty Clk) (Entered: 05/15/1998)

May 14, 1998

May 14, 1998

PACER
845

CERTIFIED COPY of Order from USCA dismissing appeal and remanding to dist ct re: atty fees (cc: JOE) (pll, Dpty Clk) (Entered: 05/18/1998)

May 15, 1998

May 15, 1998

PACER
846

RESPONSE by defendant OK Dept of Human Svc to splmntl ntc/ noncompliance on case mgmt [839-1] (mail, c/ret) (pll, Dpty Clk) (Entered: 05/22/1998)

May 21, 1998

May 21, 1998

PACER
847

RESPONSE by defendant OK Dept of Human Svc to [842-1] pltfs' ntc of noncompliance (mail, c/ret) (pll, Dpty Clk) (Entered: 05/26/1998)

May 22, 1998

May 22, 1998

PACER

TRANSCRIPT of Pretrial Conf before Senior Judge James O. Ellison for date(s) of: 5/14/98 (C/R T Copeland, 32 pgs) (pll, Dpty Clk)

June 1, 1998

June 1, 1998

PACER
848

STIPULATION re [834-1] atty fees motion fld 4/21/98 (pll, Dpty Clk) (Entered: 06/02/1998)

June 1, 1998

June 1, 1998

PACER
849

MOTION by plaintiff Homeward Bound, Inc. for attorney fees and costs for appeals 97-5035 and 97-5037 (o2j) (pll, Dpty Clk) (Entered: 06/02/1998)

June 1, 1998

June 1, 1998

PACER
850

MOTION by plaintiff Homeward Bound, Inc. for attorney fees and costs for Bullock for 4/1/98 to 5/31/98 (pll, Dpty Clk) (Entered: 06/03/1998)

June 2, 1998

June 2, 1998

PACER
851

REPORT Of trustee and MOTION by defendant Joseph A McCormick for funds (c/j w/out exh) - oversized document (pll, Dpty Clk) (Entered: 06/04/1998)

June 3, 1998

June 3, 1998

PACER
852

ORDER by Senior Judge James O. Ellison setting hearing on contested motion for attorney fees and costs [834-1] 10:30 6/15/98; uncontested fees of $39,741.92 granted (cc: all counsel) (pll, Dpty Clk) (Entered: 06/04/1998)

June 3, 1998

June 3, 1998

PACER
853

MOTION by defendants OK Health Care Auth, OK Dept of Human Svc and Department Rehab Svc to continue hrg on plas' motion for atty fees and costs (o2j) (fe, Dpty Clk) (Entered: 06/12/1998)

June 11, 1998

June 11, 1998

PACER
854

ORDER by Senior Judge James O. Ellison granting dfdts' motion to continue hrg on plas' motion for atty fees and costs [853-1]; resetting hearing on motion for attorney fees and costs [834-1] for 10:30 on 8/17/98 (cc: all counsel) (fe, Dpty Clk) (Entered: 06/12/1998)

June 11, 1998

June 11, 1998

PACER
855

ORDER AND JUDGMENT: by Senior Judge James O. Ellison granting pla's motion for attorney fees and costs for appeals 97-5035 and 97-5037 [849-1]; court awards firm of Bullock & Bullock uncontested atty fees and expenses in amt of $30,000.00; Dept of HS, OK Health Care Authority and Dept of Rehav Srvcs each jointly and severally liable for $30,000.00 atty fees (cc: all counsel) (fe, Dpty Clk) (Entered: 06/18/1998)

June 15, 1998

June 15, 1998

PACER
856

STIPULATION by parties; atty fees/expenses to be awarded to Bullock & Bullock in amt of $30,000.00 [849-1] (fe, Dpty Clk) (Entered: 06/18/1998)

June 15, 1998

June 15, 1998

PACER
857

RESPONSE (OBJECTION) by defendant OK Health Care Auth, defendant OK Dept of Human Svc, defendant Department Rehab Svc to motion for attorney fees and costs for Bullock for 4/1/98 to 5/31/98 [850-1] (mail-cpy rtnd) (crp, Dpty Clk) (Entered: 06/25/1998)

June 22, 1998

June 22, 1998

PACER
858

NOTICE (MONTHLY PROGRESS REPORT ON DEVELOPMENT OF HEALTH CARE POLICY FOR CLASSMEMBERS) by defendant OK Dept of Human Svc (mail-cpy rtnd) (crp, Dpty Clk) (Entered: 06/26/1998)

June 24, 1998

June 24, 1998

PACER
859

Report of Trustee and MOTION for funds (fe, Dpty Clk) (Entered: 06/29/1998)

June 26, 1998

June 26, 1998

PACER

MINUTE ORDER: In-court hearing stricken from 7/8/98 as parties have resolved issue. (bjm, Dpty Clk)

July 8, 1998

July 8, 1998

PACER
860

BRIEF of Understanding on Plan to Improve Medical Service Delivery to Members of the Class by plaintiff Homeward Bound, Inc., defendant OK Dept of Human Svc, defendant Panel Liaison, defendant Guardian Ad Litem (lmc, Dpty Clk) (Entered: 07/10/1998)

July 9, 1998

July 9, 1998

PACER
861

CERTIFICATE of Service by defendant Hissom Memorial Ctr (lmc, Dpty Clk) (Entered: 07/23/1998)

July 23, 1998

July 23, 1998

PACER
862

...MOTION by defendant Joseph A McCormick for funds (c2j) (fe, Dpty Clk) (Entered: 07/29/1998)

July 29, 1998

July 29, 1998

PACER
863

STIPULATION re [850-1] mo/atty fees fld 6/2/98, stipulated amount $37,834.58. (j2j) (pll, Dpty Clk) (Entered: 08/04/1998)

Aug. 3, 1998

Aug. 3, 1998

PACER
864

MOTION by plaintiff Homeward Bound, Inc. and All Defendants to extend ddl to submit proposed pretrial ord (o/j) (sac, Dpty Clk) (Entered: 08/04/1998)

Aug. 3, 1998

Aug. 3, 1998

PACER
865

ORDER by Senior Judge James O. Ellison granting motion to extend ddl to submit proposed pretrial ord [864-1] until 20 days after date review panel files final report (cc: mvts counsel) (pll, Dpty Clk) (Entered: 08/05/1998)

Aug. 4, 1998

Aug. 4, 1998

PACER
866

ORDER AND JUDGMENT by Senior Judge James O. Ellison regarding motion for attorney fees and costs for Bullock for 4/1/98 to 5/31/98 [850-1]; Crt awards firm of Bullock & Bullock atty fees/expenses in amnt of $37,834.58; DHS, OK Health Care Authority and Dept of Rehabilitation Svcs are jntly and severally liable for pymnt to Pltfs' cnsl, Bullock & Bullock for atty fees/expenses $37,834.58 and jgm in amnt of $37,834.58 (cc: all counsel) (crp, Dpty Clk) (Entered: 08/05/1998)

Aug. 4, 1998

Aug. 4, 1998

PACER
867

MOTION by plaintiff Homeward Bound, Inc. for attorney fees and for costs for counsel associated w/ Bullock & Bullock (fe, Dpty Clk) (Entered: 08/10/1998)

Aug. 7, 1998

Aug. 7, 1998

PACER

MINUTE ORDER: The panel is granted an extension of time in which to prepare a Final Report. The Final Report is due on or before September 18, 1998. (JOE-J) (cc: all counsel) (fe, Dpty Clk)

Aug. 12, 1998

Aug. 12, 1998

PACER
868

STATUS REPORT by defendant OK Dept of Human Svc (monthly progress report on development of health care policy for classmembers) (mail, c/ret) (pll, Dpty Clk) (Entered: 08/17/1998)

Aug. 14, 1998

Aug. 14, 1998

PACER
869

MOTION by plaintiff Homeward Bound, Inc. to continue hrg on atty fees (fe, Dpty Clk) (Entered: 08/17/1998)

Aug. 14, 1998

Aug. 14, 1998

PACER
870

ORDER by Senior Judge James O. Ellison granting plas' motion to continue hrg on atty fees [869-1]; setting hearing on for attorney fees and costs [834-1] for 10:00 on 9/17/98 (cc: all counsel) (fe, Dpty Clk) (Entered: 08/17/1998)

Aug. 14, 1998

Aug. 14, 1998

PACER
871

MOTION by defendant OK Health Care Auth to continue hrg on atty fees set 9/17/98(o/j) (mail-cpy mld) (sac, Dpty Clk) (Entered: 08/21/1998)

Aug. 20, 1998

Aug. 20, 1998

PACER
872

ORDER by Senior Judge James O. Ellison granting motion to continue hrg on atty fees set 9/17/98 [871-1]; hearing on motion for attorney fees and costs [834-1] reset for 10:00 a.m. on 9/29/98 (cc: all counsel) (crp, Dpty Clk) (Entered: 08/24/1998)

Aug. 21, 1998

Aug. 21, 1998

PACER
873

RESPONSE (objection) by defendants Department Rehab Svc, OK Health Care Auth and OK Dept of Human Svc to pltfs' motion for attorney fees assoc w/Bullock & Bullock [867-1] (mail-cpy mld) (sac, Dpty Clk) Modified on 08/28/1998 (Entered: 08/28/1998)

Aug. 27, 1998

Aug. 27, 1998

PACER
874

REPORT OF TRUSTEE and MOTION by defendant Joseph A McCormick for funds (oversized document) (pll, Dpty Clk) (Entered: 08/31/1998)

Aug. 28, 1998

Aug. 28, 1998

PACER
875

STATUS REPORT by defendant OK Dept of Human Svc on development of Health Care Policy for classmembers (mail, c/ret) (pll, Dpty Clk) (Entered: 09/02/1998)

Sept. 1, 1998

Sept. 1, 1998

PACER
876

STIPULATION re [867-1], re [867-2] mo/atty fees fld 8/7/98 (o2j) (pll, Dpty Clk) (Entered: 09/10/1998)

Sept. 9, 1998

Sept. 9, 1998

PACER
877

JUDGMENT: by Senior Judge James O. Ellison, granting jgm for pltfs' cnsl agnst DHS, OHCA, DRS for $28,341.94 on stipulated part of motions and setting hearing on contested parts of motion for attorney fees [867-1] 10:00 9/29/98, setting hearing on motion for costs [867-2] 10:00 9/29/98 (cc: all counsel) (pll, Dpty Clk) (Entered: 09/11/1998)

Sept. 10, 1998

Sept. 10, 1998

PACER
878

STATUS REPORT by defendant OK Dept of Human Svc on development of health care policy for classmembers (mail, c/ret) (pll, Dpty Clk) (Entered: 09/25/1998)

Sept. 24, 1998

Sept. 24, 1998

PACER
879

MOTION by plaintiff Homeward Bound, Inc., defendant OK Health Care Auth, defendant OK Dept of Human Svc, defendant Hissom Memorial Ctr, defendant Gatesway Fdn, Inc., defendant Panel Liaison, defendant Guardian Ad Litem, defendant Department Rehab Svc, defendant All Defendants, defendant Joseph A McCormick to set resp to review of final report, and to extend time/file PTO (o2j) (pll, Dpty Clk) (Entered: 09/28/1998)

Sept. 25, 1998

Sept. 25, 1998

PACER
880

STIPULATION re mots/atty fees [867-1], re [867-2], re [850-1], re [834-1] (o2j) (pll, Dpty Clk) (Entered: 09/28/1998)

Sept. 25, 1998

Sept. 25, 1998

PACER
881

ORDER by Senior Judge James O. Ellison granting motion to set resp to review of final report ddln to 10/17/98 [879-1], granting motion to extend time/file PTO [879-2] pretrial order ddl set for 12/17/98 (cc: all counsel) (pll, Dpty Clk) (Entered: 09/29/1998)

Sept. 28, 1998

Sept. 28, 1998

PACER
882

JUDGMENT: by Senior Judge James O. Ellison granting motion for attorney fees [867-1], granting motion for attorney fees and costs for Bullock for 4/1/98 to 5/31/98 [850-1], granting motion for attorney fees and costs [834-1] for total of $11,305.26, hrg 9/29 stricken (cc: all counsel) (pll, Dpty Clk) (Entered: 09/29/1998)

Sept. 28, 1998

Sept. 28, 1998

PACER
883

MOTION by plaintiff Homeward Bound, Inc. for attorney fees and costs for Bullock & Bullock (c/j) (pll, Dpty Clk) (Entered: 10/07/1998)

Oct. 6, 1998

Oct. 6, 1998

PACER
884

MOTION by defendant Joseph A McCormick for funds and report of trustee (pll, Dpty Clk) (Entered: 10/08/1998)

Oct. 8, 1998

Oct. 8, 1998

PACER
885

REPORT of trustee and MOTION by defendant Joseph A McCormick for funds (c/j) (pll, Dpty Clk) (Entered: 10/30/1998)

Oct. 29, 1998

Oct. 29, 1998

PACER
886

MOTION by plaintiff Homeward Bound, Inc., defendant All Defendants to change time/resp to final report, and to extend time/submit PTO (o2j) (pll, Dpty Clk) (Entered: 11/03/1998)

Nov. 2, 1998

Nov. 2, 1998

PACER
887

STIPULATION re: mo/atty fees fld 10/6/98 (o2j) (pll, Dpty Clk) (Entered: 11/03/1998)

Nov. 2, 1998

Nov. 2, 1998

PACER
888

JUDGMENT: by Senior Judge James O. Ellison, granting motion for attorney fees and costs [883-1] for Bullock & Bullock agnst DHS, OHCA and DRS for $50,859.31 (cc: all counsel) (pll, Dpty Clk) (Entered: 11/05/1998)

Nov. 4, 1998

Nov. 4, 1998

PACER
889

ORDER by Senior Judge James O. Ellison granting motion to change time/resp to final report until 12/7/98 [886-1] granting motion to extend time/submit PTO until 1/6/99 [886-2] (cc: all counsel) (pll, Dpty Clk) (Entered: 11/05/1998)

Nov. 4, 1998

Nov. 4, 1998

PACER
890

MOTION by defendant OK Dept of Human Svc to approve provider Community Access (o2j) (mail, c/ret) (pll, Dpty Clk) (Entered: 11/19/1998)

Nov. 18, 1998

Nov. 18, 1998

PACER
891

NOTICE by defendant OK Dept of Human Svc of monthly progress report on development of health care policy for classmembers (mail, c/ret) (pll, Dpty Clk) (Entered: 11/20/1998)

Nov. 19, 1998

Nov. 19, 1998

PACER
892

ORDER by Senior Judge James O. Ellison granting motion to approve provider Community Access [890-1] (cc: all counsel) (pll, Dpty Clk) (Entered: 11/23/1998)

Nov. 20, 1998

Nov. 20, 1998

PACER
893

MOTION by plaintiff Homeward Bound, Inc., defendant OK Health Care Auth, defendant OK Dept of Human Svc, defendant Department Rehab Svc to change resp to review of final rpt and mo/ext time/submit PTO (o2j) (pll, Dpty Clk) (Entered: 12/03/1998)

Dec. 2, 1998

Dec. 2, 1998

PACER
894

ORDER by Senior Judge James O. Ellison granting motion to change resp to review of final rpt until 1/15/99 and mo/ext time/submit PTO [893-1] pretrial order ddl set for 2/16/99 (cc: all counsel) (pll, Dpty Clk) (Entered: 12/03/1998)

Dec. 2, 1998

Dec. 2, 1998

PACER

Case Details

State / Territory: Oklahoma

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 2, 1985

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

600 Mentally Retarded Individuals at Hissom Memorial Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Oklahama Health Care Authority and Department of Human Services (Sand Springs , Tulsa), State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1987 - 2007

Issues

General:

Assault/abuse by staff

Deinstitutionalization/decarceration

Food service / nutrition / hydration

Habilitation (training/treatment)

Neglect by staff

Restraints : chemical

Restraints : physical

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run