Case: U.S. v. Oregon

3:86-cv-00961 | U.S. District Court for the District of Oregon

Filed Date: July 28, 1986

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On May 13, 1983, the U.S. Department of Justice (DOJ) began in investigation pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. §1997 (CRIPA), into conditions at the Fairview Training Center in Salem, Oregon. The results of the investigation were detailed in a letter of the DOJ's findings, issued on March 19, 1986. The DOJ determined that the conditions at Fairview were unconstitutional and included:1. A lack of minimally adequate training for those residents in need of…

On May 13, 1983, the U.S. Department of Justice (DOJ) began in investigation pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. §1997 (CRIPA), into conditions at the Fairview Training Center in Salem, Oregon. The results of the investigation were detailed in a letter of the DOJ's findings, issued on March 19, 1986. The DOJ determined that the conditions at Fairview were unconstitutional and included:

1. A lack of minimally adequate training for those residents in need of protection from undue risks to their personal safety and unreasonable

use of bodily restraints.

2. Inadequate medical care.

3. Inadequate numbers of and insufficiently qualified staff to render proper medical care, medical treatment, and training.

4. The failure to protect residents from abuse and neglect.

5. Serious health hazards due to unsanitary and unsafe environmental conditions.

6. Insufficient and inadequate recordkeeping and administrative practices.

On July 28, 1986, the DOJ filed a lawsuit pursuant to CRIPA and the Education of the Handicapped Act ("EHA"), 20 U.S.C. § 1400 et. seq. in the U.S. District Court for the District of Oregon to remedy the violations at Fairview.

Following the filing of the DOJ's lawsuit, a team from the Health Care Financing Administration (HCFA) inspected the Fairview facility, finding serious health and safety threats to the residents. Because of the violations, HCFA cut off the Medicaid funding at Fairview.

On June 23, 1987, defendants filed a counterclaim seeking declaratory and injunctive relief regarding rights to receive Medicaid funding. Defendants alleged that the HCFA would not restore Medicaid funding at Fairview unless the defendants entered into a consent decree with the DOJ in the CRIPA action. On July 31, 1987, the District Court (Judge Marsh) issued a preliminary injunction, enjoining the DOJ from refusing to restore Medicaid funding at Fairview. U.S. v. Oregon, 675 F.Supp. 1249 (D.Or. 1987). HCFA then recertified Fairview and Medicaid funding was restored.

A group of Fairview residents filed a motion to intervene in the action, alleging violations of its rights under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 720 and 794), Title XIX of the Social Security Act (42 U.S.C. §§ 1396 and 1396a) the Education of the Handicapped Act (20 U.S.C. § 1401), the Due Process Clause and the Equal Protection Clause. Intervention was denied by the District Court and the Fairview residents. The Ninth Circuit reversed and remanded. U.S. v. Oregon, 839 F.2d 635 (9th Cir. 1988).

On remand, the defendants moved to dismiss the intervenors' claims for violation of the Due Process Clause and the Equal Protection Clause. The District Court granted the motion and dismissed those claims. Intervenors then moved from class certification on their remaining claims.

On April 5, 1989, the District Court certified the plaintiff-intervenors class, defining the class as consisting of "all persons who have resided at Fairview since October 2, 1986, or will in the future reside there." A subclass was created for the class members of who requested and were denied community services on the basis of the severity of their handicaps, physical handicaps or their maladaptive behaviors in violation of § 504 of the Rehabilitation Act.

The DOJ and the defendants reached a settlement of the case and a formal Consent Decree was approved and entered by the District Court (Judge Malcolm F. Marsh) on April 14, 1989, over the objection of the plaintiff-intervenors class,. The Decree called for numerous remedial measures, including the transfer of significant numbers of residents to community-based residential programs. Implementation would be monitored by DOJ. The Decree created a three-person Advisory Panel to resolve all disputes over compliance, subject to judicial review.

Following entry of Decree, litigation ensued over compliance. On August 3, 1990 the Advisory Panel issued a report finding that the defendants failed to comply with numerous provisions of the Decree and recommended a time table for remedying the deficiencies. The District Court adopted the Panel's remediation plan on September 20, 1990.

The dispute over compliance continued, resulting in the DOJ filing several contempt motions. The District Court found that while deadlines had been missed and injuries continued to occur to some residents at Fairview, the defendants were not in contempt of the Consent Decree and the Court's September 20, 1990 Order. U.S. v. Oregon, 782 F.Supp. 502 (D.Or. 1991), affirmed 28 F.3d 110 (9th Cir. 1994.)

Joint stipulated modifications to the Fairview plan were approved by District Judge Marsh on April 17, 1995, November 26, 1997, November 26, 1997, February 16, 1999 and November 12, 1999.

On July 26, 2000, the District Court granted the State of Oregon's unopposed motion to dismiss the case and terminate the Consent Decree, based on the closure of the Fairview Training Center.

No further activity was noted on the PACER docket.

Summary Authors

Dan Dalton (4/19/2007)

People


Judge(s)

Browning, James Robert (California)

Canby, William Cameron Jr. (Arizona)

Hall, Cynthia Holcomb (California)

Hogan, Michael Robert (Oregon)

Kozinski, Alex (California)

Marsh, Malcolm Francis (Oregon)

Norris, William Albert (California)

Poole, Cecil F. (California)

Schroeder, Mary Murphy (Arizona)

Trott, Stephen S. (Idaho)

Judge(s)

Browning, James Robert (California)

Canby, William Cameron Jr. (Arizona)

Hall, Cynthia Holcomb (California)

Hogan, Michael Robert (Oregon)

Kozinski, Alex (California)

Marsh, Malcolm Francis (Oregon)

Norris, William Albert (California)

Poole, Cecil F. (California)

Schroeder, Mary Murphy (Arizona)

Trott, Stephen S. (Idaho)

Attorneys(s) for Plaintiff

Collins, Jack G. (Oregon)

Fiddler, Gayle D. (District of Columbia)

Flynn, David K. (District of Columbia)

Frohboese, Robinsue (District of Columbia)

Katz, Cynthia L. (District of Columbia)

Lerner, Louise A. (District of Columbia)

Masling, Mark S. (District of Columbia)

Meese, Edwin III (District of Columbia)

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

Reynolds, William Bradford (District of Columbia)

Schoen, Benjamin P. (District of Columbia)

Schwartz, Jeremy I. (District of Columbia)

Turner, James P. (District of Columbia)

Attorneys(s) for Defendant

Abernethy, Pamela L. (Oregon)

Brissenden, Diane L. (Oregon)

Bushong, Stephen K. (Oregon)

Crookham, Charles (Oregon)

Elden, Thomas K. (Oregon)

Frohnmayer, David B. (Oregon)

Gary, William F. (Oregon)

Grimms, Linda DeVries (Oregon)

Klein, Glenn (Oregon)

McCulloch, John (Oregon)

Wahl, Jeffrey J. (Oregon)

Other Attorney(s)

Brischetto, Stephen L. (Oregon)

Hatton, David B. (Oregon)

Hinkle, Charles F. (Oregon)

Joondeph, Robert C. (Oregon)

Lantz, Elam Jr. (Oregon)

Documents in the Clearinghouse

Document

3:86-cv-00961

Docket (PACER)

July 26, 2000

July 26, 2000

Docket

3:86-cv-00961

Findings Letter: Notice of Findings Regarding Fairview Training Center, 42 U.S.C. Sec. 1997b (a)(1)

No Court

March 15, 1985

March 15, 1985

Findings Letter/Report

3:86-cv-00961

Findings Letter: CRIPA Investigation of Fairview Training Center, Salem, Oregon

No Court

March 19, 1986

March 19, 1986

Findings Letter/Report

3:86-cv-00961

Complaint

June 3, 1986

June 3, 1986

Complaint

3:86-cv-00961

Opinion

675 F.Supp. 1249

July 31, 1987

July 31, 1987

Order/Opinion

87-03671

Reported Opinion

U. S. Court of Appeals for the Ninth Circuit

839 F.2d 635

Feb. 19, 1988

Feb. 19, 1988

Order/Opinion
262

3:86-cv-00961

Consent Decree

Feb. 21, 1989

Feb. 21, 1989

Order/Opinion
401

3:86-cv-00961

Order

Sept. 20, 1990

Sept. 20, 1990

Order/Opinion

89-35447

89-35587

Memorandum

U. S. Court of Appeals for the Ninth Circuit

915 F.2d 1581, 1990 WL 142509

Oct. 2, 1990

Oct. 2, 1990

Order/Opinion
490

3:86-cv-00961

Opinion

1991 WL 331673, 1991 U.S.Dist.LEXIS 20758

Sept. 19, 1991

Sept. 19, 1991

Order/Opinion

Resources

Docket

Last updated June 7, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
253

Pltf-Intervenors MOTION to file docs under seal (former employee) (Entered: 01/27/1989)

Jan. 20, 1989

Jan. 20, 1989

254

RECORD OF HRG:Pltf-Intervenors & defts may file suppl memo & briefs re: Handling of pend motions by 1/31/89. Thereafter, Court will iss procedural ord on all pend mots. ORD: transcript of proceedings filed pursuant to proto announced by court at this conf. ORD: granting motion to file docs under seal [253-1] Rpts of H.D. Bud Fredericks, Garald Provencal & Rbot. L. Carl, Jr, Ph.D are filed U/Seal. ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 01/27/1989)

Jan. 20, 1989

Jan. 20, 1989

255

Pltfs Intervenors' expert witness report (Robert L. Carl, Jr., PH.D (former employee) (Entered: 01/27/1989)

Jan. 20, 1989

Jan. 20, 1989

256

Pltfs intervenors' expert witness rpt (Gerald Provencal) (former employee) (Entered: 01/27/1989)

Jan. 20, 1989

Jan. 20, 1989

257

Pltfs Intervenors' expert witness rpt (H.D. Bud Fredericks) (former employee) (Entered: 01/27/1989)

Jan. 20, 1989

Jan. 20, 1989

258

Supplemental authority in support of mot to partially dismiss Intervenors' complnt by defendants (former employee) (Entered: 01/30/1989)

Jan. 30, 1989

Jan. 30, 1989

259

Motion & ORDER to file memo under seal & for protective order of OR defts: Defts memo re pend mots file under seal & Parties keep confid such memo & its contents. ntfd Signed 1/30/89 microfilmed 2/3/89 Honorabl Helen J. Frye (former employee) (Entered: 02/03/1989)

Jan. 31, 1989

Jan. 31, 1989

260

Defts' (OR State) Memo re pending mots & entry of consent decree (sealed) (former employee) (Entered: 02/03/1989)

Jan. 31, 1989

Jan. 31, 1989

261

JOINT MOTION by plaintiff United States of America to enter consent decree as an order of the court (dn) (Entered: 02/23/1989)

Feb. 21, 1989

Feb. 21, 1989

263

RECORD OF ORD: Pltf-Intervenors shall file any objs to the proposed consent decree by THU, 3/9/89, noon. (ntfd c/d) Honorable Malcolm F. Marsh (former employee) (Entered: 02/27/1989)

Feb. 24, 1989

Feb. 24, 1989

264

RECORD OF ORD: ; setting status hrg for WED 10:00 3/1/89 (ntfd c/d) Honorable Malcolm F. Marsh (former employee) (Entered: 02/28/1989)

Feb. 27, 1989

Feb. 27, 1989

265

RECORD OF HRG: Intervenors file renewed mot for class cert by 3/13/89. OR respond by 3/20/89. US & OR file responses to interven's objs to proposed consent decree by 3/17/89. Interven's file rply by 3/24/89. Interven's mot for rulings #243 & Mot for cont #241 DENIED as MOOT. Tentatively ; setting in court hrg on consent decree for 9:30 4/7/89 (ntfd c/d) Honorable Malcolm F. Marsh (former employee) (Entered: 03/03/1989)

March 1, 1989

March 1, 1989

266

Opinion (ntfd c/d) Signed 3/3/89 microfilmed 3/6/89 Honorable Malcolm F. Marsh (former employee) (Entered: 03/06/1989)

March 3, 1989

March 3, 1989

267

ORDER Defts' mot to dismiss #208 granted in part & denied in part. grant as to count 1 & denied as to count II, denied as to count III, granted as to count IV & granted as to count VII (see order) (ntfd c/d) Signed 3/3/89 microfilmed 3/6/89 Honorable Malcol F. Marsh (former employee) (Entered: 03/06/1989)

March 3, 1989

March 3, 1989

268

Notice rquired by Federal Regulation (former employee) (Entered: 03/08/1989)

March 7, 1989

March 7, 1989

269

Objections by plaintiff /Intervenors' to joint mot to enter consent decree as an order of the ct (placed under seal pursuant to the court's previous order) (former employee) Modified on 03/13/1989 (Entered: 03/10/1989)

March 9, 1989

March 9, 1989

270

RECORD OF ORD: striking hrg on consent decree 4/7/89 & ; setting in court hrg for 9:30 4/6/89 , ORD: defts' oral mot to place under seal pltf- intervens' objs to joint mot to enter consent decree etc #269 granted. Objs #269 sealed per ct's previous order ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 03/13/1989)

March 10, 1989

March 10, 1989

271

Affidavit of Robert L. Carl, Jr. Ph.D. (former employee) (Entered: 03/13/1989)

March 13, 1989

March 13, 1989

272

RECORD OF ORD: ; setting status hrg for TUE 2:30 3/14/89 crtrm #11 , any out of state cnsl wishing to participate by phone may do so please advise court priort to time for hrg ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 03/13/1989)

March 13, 1989

March 13, 1989

274

RECORD OF HRG: formal order to follow , ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 03/16/1989)

March 14, 1989

March 14, 1989

275

RECORD OF ORD: Intervenors' mot pursuant to FRCP 68 #238 DENIED ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 03/16/1989)

March 15, 1989

March 15, 1989

276

RECORD OF ORD: Pltf-Intven's oral mot to allow disclosure of certain protected materials to Atty Don H. Marmaduke is GRANTED on following basis: (1) Disclosure ltd to: (a) interven's objs to consent decree #269; (b) expert rpts of J.J. McGee, PH.D. dated 7/87 & 2/87; (c) expert rpt of HD Bud Fredericks; (d) expert rpt of Robt L Carl, Jr, PH.D; (3) expert rpt of W. Sailor, PH.D., Geo. Singer, PH.D & Duaner Lundervold, M.S; & (f) expert rpt of Gerold Provencal. (2) Foregoing material may be disclosed to Atty Marmaduke & his office personnel directly involved in preparation of intvens' show cause memo. Said persons be informed of, & given copies of, this court's previous protective orders concern disclosed materials. (3) all disclosed materials & any copies made shall be rtnd to intervens w/in 10 days after resolution of show cause matter. ntfd Honorable Malcolm F. Marsh (former employee) Modified on 03/16/1989 (Entered: 03/16/1989)

March 16, 1989

March 16, 1989

277

Defts' supplemental memo re Intervens' motion for class certification (former employee) (Entered: 03/20/1989)

March 20, 1989

March 20, 1989

278

United States' Memorandum re confidentiality orders (former employee) (Entered: 03/21/1989)

March 21, 1989

March 21, 1989

279

Defts' memo re imposition of sanctions (Filed Under Seal) (former employee) (Entered: 03/21/1989)

March 21, 1989

March 21, 1989

280

Response to order to show cause [273-2] by pltf-intervs & their cnsl (former employee) (Entered: 03/22/1989)

March 21, 1989

March 21, 1989

281

Amended response to Order to Show Cause (former employee) (Entered: 03/22/1989)

March 22, 1989

March 22, 1989

282

US' memo in response to pltf-intervs' objs to joint mot to enter consent decree as an ord of the court (former employee) (Entered: 03/23/1989)

March 22, 1989

March 22, 1989

283

Defts' response to pltf-intervens' objs to joint mot to enter consent decree as an order of the court (filed under seal) OR defts (former employee) (Entered: 03/23/1989)

March 22, 1989

March 22, 1989

284

RECORD OF ORD: Set hrg on Intervenors' response to Order to show cause TUE, 4/4/89, 3:00 pm Ptld time , ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 03/31/1989)

March 29, 1989

March 29, 1989

285

RECORD OF ORD: In accord w/ord of 6/23/88 (#l91) exhibit B to U.S. Oppos to defts' disc plan #133 placed under seal ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 03/31/1989)

March 30, 1989

March 30, 1989

286

RECORD OF HRG: Intvervens' mot for class cert #202 GRANT under FRPC 23(b)(2)- formal opn & ord to follow. Intvens finle formal dism of Interv Brelsford. Sacntions entered against intervens' cnsl, excluding S. Brischetto, for violation of court's proto - formal opn & ord to follow. ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 04/05/1989)

April 4, 1989

April 4, 1989

287

Opinion re sanctions (see opn) (ntfd) Signed 4/5/89 4/6/89 Honorable Malcolm F. Marsh (former employee) (Entered: 04/06/1989)

April 5, 1989

April 5, 1989

288

ORDER DC cnsl of Mental Health Law Proj inclduing I Burnim may no lonter appear (see ord) Costs, expense, atty fees assessed against Elam Lantz, Jr. personally in amt to be determined. Attys for ptlf & defts submit affids of all expenses in relation to show cause w/support docs. D Hatton meet w/me personally private conf re role in dissemination of sealed docs. Lantz ord to recover all copies, etc of any sealed docs. Brischetto absolved of any responsibil of actns calling for sanctions. No sanctions imposed on idivid res intervens. ntfd Signed 4/5/89 microfilmed 4/6/89 Honorable Malcolm F. Marsh (former employee) (Entered: 04/06/1989)

April 5, 1989

April 5, 1989

289

Opinion re class cert (see opn) Signed 4/5/89 Honorable Malcolm F. Marsh (former employee) (Entered: 04/06/1989)

April 5, 1989

April 5, 1989

290

ORDER intvs' mot for class cert #202 granted. Class cert Rule 23(b)(2) & consist of all persons who've resided at Fairview since 10/2/86, or in future. As to intvs' 504 claims, subclass consist of members of class who req & were denied community svcs on basis of severity of handicaps, phys handicaps or maladaptive behaviors. (see ord) , ntfd Signed 4/5/89 microfilmed 4/6/89 Honorable Malcolm F. Marsh (former employee) (Entered: 04/06/1989)

April 5, 1989

April 5, 1989

291

MOTION by pltf intvs to file reply brief & hrg memo on objs to proposed decree (former employee) (Entered: 04/06/1989)

April 6, 1989

April 6, 1989

292

RECORD OF HRG: granting motion to file reply brief & hrg memo on objs to proposed decree [291-1] taking under advisement on 4/6/89 motion to enter consent decree as an order of the court [261-1] ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 04/10/1989)

April 6, 1989

April 6, 1989

293

Pltf-Intvs' reply brief & hrg memo on objs to proposed consent decree, affid of Sundram (former employee) (Entered: 04/10/1989)

April 6, 1989

April 6, 1989

294

MOTION by pla-intvs for order of dismissal- Roanld Brelsford #294 (former employee) (Entered: 04/10/1989)

April 10, 1989

April 10, 1989

295

ORDER granting motion for order of dismissal- Ronald Brelsford [294- 1] to dismiss Brelsford , ntfd Signed 4/10/89 microfilmed & ent 4/10/89 Honorable Malcolm F. Marsh (former employee) (Entered: 04/11/1989)

April 10, 1989

April 10, 1989

296

MOTION by pla/intvrs for release of confidential info (former employee) (Entered: 04/11/1989)

April 11, 1989

April 11, 1989

297

ORDER granting motion for release of confidential info [296-1] to allow disclosure of certain protected materials to J. Hassett atty, DC for purpose of representing Burnim re appeal ntfd Signed 4/11/89 Honorable Malcolm F. Mars (former employee) (Entered: 04/11/1989)

April 11, 1989

April 11, 1989

298

Opinion-(see ord date 4/14/89) ntfd Signed 4/14/89 microfilmed & ent 4/14/89 Honorable Malcolm F. Marsh (former employee) (Entered: 04/14/1989)

April 14, 1989

April 14, 1989

299

ORDER-Pltf & efts' joint mot for entry of the decree is granted. The decree is ent as an ord of this ct. The parties contemplate that State officials shall provide an adequate plan to HCFA by 4/30/89. The State may move to dissolve this ord & the ct may grant the mot for good cause shown after 6/30/89, if HCFA has failed to approve the State's plan . ntfd Signed 4/14/89 microfilmed & ent 4/14/89 Honorable Malcolm F. Marsh (former employee) (Entered: 04/14/1989)

April 14, 1989

April 14, 1989

300

Declaration of Pamela L. Abernethy relating to costs and fees in sanctions matter (former employee) (Entered: 04/17/1989)

April 17, 1989

April 17, 1989

301

Declaration of Robinsue Frohboese re expenses ans fees incurred in relation to sow cause proceeding by plaintiff (former employee) (Entered: 04/19/1989)

April 18, 1989

April 18, 1989

302

MOTION by pltf/intvs for Pro Hac Vice admission of counsel-Joseph Hassett, Geo. Merncik, III, David G. Leitch & Albert W. Turnbull in DC (former employee) (Entered: 04/20/1989)

April 19, 1989

April 19, 1989

303

MOTION by pltf/intvs to alter or amend the judgment of 4/5/89 #303 (former employee) (Entered: 04/20/1989)

April 19, 1989

April 19, 1989

304

Memorandum by pltf/intvs in support of motion to alter or amend the of 4/5/89 [303-1] supplemental affid of Elam Lantz (former employee) (Entered: 04/20/1989)

April 19, 1989

April 19, 1989

305

RECORD OF ORD: SET Pltf/Intvs motion to alter or amend the judgment of 4/5/89 [303-1] on M/C MON, 5/22/89 (noa) ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 04/28/1989)

April 27, 1989

April 27, 1989

306

ORDER granting motion for Pro Hac Vice admission of counsel-Joseph Hassett, Geo. Merncik, III, David G. Leitch & Albert W. Turnbull in DC [302-1] Said cnsl admitted pro hac vice to rep pltf/intvs & their cnsl, in mot of pltf/intfs to alter or amend jdgmt of 4/5/89, & other proceedings related to the Order to Show Cause of 3/15/89 ntfd Signed 4/27/89 microfilmed & ent 4/28/89 Honorable Malcolm F. Marsh (former employee) (Entered: 04/28/1989)

April 27, 1989

April 27, 1989

307

MOTION by plaintiff USA for release of sealed material to advisory panel members #307 memo (former employee) (Entered: 05/03/1989)

May 2, 1989

May 2, 1989

308

ORDER re mot for release of info under seal etc. #307 (see order) ntfd Signed 5/3/89 microfilmed & ent 5/3/89 Honorable Malcolm F. Marsh (former employee) (Entered: 05/03/1989)

May 3, 1989

May 3, 1989

309

RECORD OF ORD: set Rule 16 sched conf for intvs & state of OR MON, 5/15/89, 10:00 in chmbrs. Ms Abernethy may appear by phone, court place call , ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 05/10/1989)

May 9, 1989

May 9, 1989

310

Case Management Order (see order) ntfd Signed 5/10/89 microfilmed & ent 5/10/89 Honorable Malcolm F. Marsh (former employee) (Entered: 05/10/1989)

May 10, 1989

May 10, 1989

311

ORDER Elam Lantz, Jr is ordered to pay deft State of OR fees and expenses in amt of $9l7.79 & pltf USA $281.50 ntfd Signed 5/10/89 microfilmed & ent 5/10/89 Honorable Malcolm F. Marsh (former employee) (Entered: 05/10/1989)

May 10, 1989

May 10, 1989

312

RECORD OF ORD: Rec of pretrial sched conf: ,ORD on 6/2/89 parties exchange & file their plan of case management. Responses are filed and exchanged 6/9/89. Further sched conf be set after court has recd the plans and comments ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 05/17/1989)

May 15, 1989

May 15, 1989

313

Reporter's Transcript of proceedings had 3/1/89 filed (former employee) (Entered: 05/19/1989)

May 19, 1989

May 19, 1989

314

Reporter's Transcript of proceedings had 3/10/89 & 3/13/89 filed (former employee) (Entered: 05/19/1989)

May 19, 1989

May 19, 1989

315

Reporter's Transcript of proceedings had 3/14/89 filed (former employee) (Entered: 05/19/1989)

May 19, 1989

May 19, 1989

316

Opinion (see following order) Signed 5/31/89 microfilmed & entered 5/31/89 Honorable Malcolm F. Marsh (former employee) (Entered: 05/31/1989)

May 31, 1989

May 31, 1989

317

ORDER: Intervenors' motion to alter or amend the judgment of 4/5/89 [303-1], treated as a motion for reconsideration of sanctions, is DENIED. ntfd Signed 5/31/89 microfilmed & entered 5/31/89 Honorable Malcolm F. Marsh (former employee) (Entered: 05/31/1989)

May 31, 1989

May 31, 1989

318

Defts' case management plan (former employee) (Entered: 06/02/1989)

June 2, 1989

June 2, 1989

319

MOTION by pltf-intvs' for leave to file documents under seal #319 (former employee) (Entered: 06/05/1989)

June 2, 1989

June 2, 1989

321

ORDER granting motion for leave to file documents under seal #319 [319-1] ntfd Signed 6/7/89 microfilmed & ent 6/8/89 Honorable Malcolm F. Marsh (former employee) (Entered: 06/08/1989)

June 7, 1989

June 7, 1989

322

Defts' (Oregon) response to intervenors' case management plan (former employee) (Entered: 06/12/1989)

June 9, 1989

June 9, 1989

323

Pltf/Intvs' response to defts' case management plan (Elam Lantz/Hatton (former employee) (Entered: 06/12/1989)

June 9, 1989

June 9, 1989

325

Notice of appeal by pltf/intvs Davis, Fryer, Jackson, Jones, Lee, Long, Lyle, Oliver & their cnsl Elam Lantz, Jr, David B Hatton, Ira A Burnim & Leonard S Rubenstein from Dist. Court decision opinion & order 5/31/89 denying pltf/intvs mot to alter or amend jgmt of 4/5/89, from opn & ord entered 4/5/89, imposing sanctions on cnsl & from order ent 5/10/89, specifying amt of monetary sanctions imposed on Elam Lantz, Jr. [325-1] (former employee) (Entered: 06/15/1989)

June 15, 1989

June 15, 1989

Received C/A fee of $: 100.00 D/C fee of $: 5.00 ( Receipt # 072769) (former employee) (Entered: 06/15/1989)

June 15, 1989

June 15, 1989

Mailed copy of notice of appeal to C/A and cnsl & necessary info (former employee) (Entered: 06/15/1989)

June 15, 1989

June 15, 1989

326

MOTION by pltf/intv to join party Verne Duncan #326 affidavit of Stephen L Brischetto (former employee) (Entered: 06/19/1989)

June 16, 1989

June 16, 1989

327

RECORD OF ord setting scheduing conf. for 6/22/89 at 10am. , ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 06/21/1989)

June 21, 1989

June 21, 1989

328

RECORD OF Sched Conf: see formal order , ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 06/22/1989)

June 22, 1989

June 22, 1989

329

ORDER re case management S/J motions file by 7/14/89, Response 7/25/89. Replies 8/2/89. Hrg on s/j motions 8/7/89, 2:30. , Final PTO 10/27/89, Discovery 8/1/89, Intvs submit proposed PTO 10/2/89. PTC 11/21/89, 1:30, C/Trial 1/9/90 (2 wk) , (see order) all expert tours be conducted in accord w/prev orders of court. ntfd Signed 6/22/89 Honorable Malcolm F Marsh (former employee) (Entered: 06/22/1989)

June 22, 1989

June 22, 1989

332

RECORD OF ORD: granting motion to join party Verne Duncan and amend complaint [326-1] ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 07/03/1989)

June 28, 1989

June 28, 1989

330

Certified Copy of Order from the US Court of Appeals for the Ninth District re appeal #[325-1] Dkt statement 7/11/89. Applt ntfy applee re tn 6/26/89; Applee ntfy applt re tn 7/5/89; Applt file desig form tn 7/17/89; File reptr trnscrpts 8/15/89; applt opening brief 10/2/89; applee brief 10/31/89 (former employee) (Entered: 06/30/1989)

June 30, 1989

June 30, 1989

331

Notification by US Court of Appeals for the Ninth Circuit of Docket Number 89-35447 (former employee) (Entered: 06/30/1989)

June 30, 1989

June 30, 1989

333

Pltf-intvs' deposition list and report to the court re scheudling of discovery (former employee) (Entered: 07/05/1989)

July 3, 1989

July 3, 1989

334

MOTION by pltf/intv to stay payment of monetary sanctions #334 (former employee) (Entered: 07/07/1989)

July 7, 1989

July 7, 1989

335

Memorandum in support of motion to stay payment of monetary sanctions [334-1] (former employee) (Entered: 07/07/1989)

July 7, 1989

July 7, 1989

336

Declaration of Elam Lantz, Jr cnsl for intv/pltfs (former employee) (Entered: 07/07/1989)

July 7, 1989

July 7, 1989

337

Certificate of service for #334,335,336 by intv/pltf (former employee) (Entered: 07/07/1989)

July 7, 1989

July 7, 1989

338

Transcript Designation and Ordering Form for date(s) March 1, 13, 14/89, & 4/4/89 (filed #313, 314, 315 tn for 4/4/89 not completed yet) (former employee) (Entered: 07/10/1989)

July 10, 1989

July 10, 1989

339

Summons issued Verne Duncan (former employee) (Entered: 07/10/1989)

July 10, 1989

July 10, 1989

340

MOTION by pltf-intv for order permitting submission of documents to experts #340 , memo in support (former employee) (Entered: 07/13/1989)

July 12, 1989

July 12, 1989

341

AMENDED COMPLAINT in intervention- civil rights (former employee) (Entered: 07/13/1989)

July 13, 1989

July 13, 1989

342

Certificate of service pltf/intvs (former employee) (Entered: 07/13/1989)

July 13, 1989

July 13, 1989

343

RECORD OF ORD: granting motion to stay payment of monetary sanctions [334-1] ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 07/21/1989)

July 20, 1989

July 20, 1989

344

Consent decree, affidavit of counsel David B Hatton, (no signature line for judge) (former employee) (Entered: 07/24/1989)

July 21, 1989

July 21, 1989

345

Joint MOTION by intvps & defts to enter consent decree as order of court #345-1 , for approval of settlement agreement and partial dismissal of claims #345-2 ; proposed order entering consent decree; proposed order of dismissal; proposed consent decree and settlement agreement (former employee) (Entered: 07/24/1989)

July 21, 1989

July 21, 1989

346

ORDER granting motion to enter consent decree as order of court [345-1] ntfd Signed 7/24/89 & entered 7/25/89 Honorable Malcolm F. Marsh (former employee) (Entered: 07/25/1989)

July 24, 1989

July 24, 1989

347

ORDER granting pltf/intvs motion for approval of settlement agreement and partial dismissal of claims #345 ORDER: claims under the rehabilitation Act and Title XIX of the Society Security Act dismissed w/prej and w/out costs or atty fees. termcs , ntfd Signed 7/24/89 microfilmed & ent 7/25/89 Honorable F. Marsh (former employee) (Entered: 07/25/1989)

July 24, 1989

July 24, 1989

348

MOTION by plaintiff-intv for release of sealed or confidential materials to advisory panel #348 (former employee) (Entered: 08/03/1989)

Aug. 3, 1989

Aug. 3, 1989

349

ORDER granting pltf-intvs motion for release of sealed or confidential materials to advisory panel [348-1] be disclosed only to the 3 Advisory panel members, who shall keep rpts confidential (see order) ntfd Signed 8/8/89 microfilmed & ent 8/8/89 Honorable Malcolm F. (former employee) (Entered: 08/08/1989)

Aug. 8, 1989

Aug. 8, 1989

Received C/A fee of $: 100 D/C fee of $: 5 ( Receipt # 073891) (former employee) (Entered: 08/22/1989)

Aug. 22, 1989

Aug. 22, 1989

Notification form sent to US Court of Appeals for the Ninth Circuit / cnsl (former employee) (Entered: 08/22/1989)

Aug. 22, 1989

Aug. 22, 1989

Notification by US Court of Appeals for the Ninth Circuit of Docket Number 89-35587 (app filed 8/22/89) (former employee) (Entered: 09/05/1989)

Sept. 5, 1989

Sept. 5, 1989

351

C/Appeals Order time schedule R/trans designation due 9/21/89; Court Reporter file tn 10/23/89; Applt breif 12/8/89; Applee br 1/8/90 (former employee) (Entered: 09/05/1989)

Sept. 5, 1989

Sept. 5, 1989

352

Transcript Designation and Ordering Form for date(s) no additional (dates 3/1/89, 3/13/89, 3/14/89 filed & 4/4/89 (former employee) (Entered: 09/11/1989)

Sept. 11, 1989

Sept. 11, 1989

Case Details

State / Territory: Oregon

Case Type(s):

Intellectual Disability (Facility)

Key Dates

Filing Date: July 28, 1986

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who have resided at Fairview since October 2, 1986, or will in the future reside there.

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Oregon Mental Health Division, State

Oregon State Board of Higher Education, State

Fairview Training Center (Salem), State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Cruel and Unusual Punishment

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

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1989 - 2000

Content of Injunction:

Preliminary relief granted

Issues

General:

Assault/abuse by staff

Deinstitutionalization/decarceration

Habilitation (training/treatment)

Individualized planning

Neglect by staff

Reassessment and care planning

Record-keeping

Restraints : chemical

Restraints : physical

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Disability:

Integrated setting

Least restrictive environment

Mental Disability:

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Medical/Mental Health:

ICF/MR & HCFA standards

Medical care, general

Type of Facility:

Government-run