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Case: U.S. v. Puerto Rico

3:99-cv-01435 | U.S. District Court for the District of Puerto Rico

Filed Date: April 21, 1999

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 15, 1996, the Civil Rights Division of the U.S. Department of Justice (DOJ) sent notice to the Governor of Puerto Rico that it was conducting an investigation into the conditions of confinement at Integral Services ("CIS") in Rio Piedras, Puerto Rico, pursuant to its authority under the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997. CIS was one of six state-operated residential facilities serving persons with developmental disabilities in Puerto Rico. The DO…

On May 15, 1996, the Civil Rights Division of the U.S. Department of Justice (DOJ) sent notice to the Governor of Puerto Rico that it was conducting an investigation into the conditions of confinement at Integral Services ("CIS") in Rio Piedras, Puerto Rico, pursuant to its authority under the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997. CIS was one of six state-operated residential facilities serving persons with developmental disabilities in Puerto Rico. The DOJ advised the Governor that it would be examining resident safety, the adequacy of medical care, training, staffing, the use of psychotropic medication, and issues involving community placement. The investigation included a tour of the facility in February 1994 by the DOJ and its retained expert consultants in behavioral psychology and psychopharmacology. The DOJ also interviewed Department of Health officials, facility personnel, residents and their family members. Pertinent documents and records were collected and reviewed.

On June 11, 1997, the DOJ issued a findings letter outlining the deficiencies it uncovered at CIS, which included: inadequate food, medicine, shelter and basic care; inadequate psychological, behavioral and psychiatric care and services; inadequate health care; and lack of any integrated community setting. The DOJ also noted that it discovered that similar conditions may have existed at the five other state-operated mental retardation facilities. The DOJ outlined minimum remedial measures to correct the problems at CIS and the other state-operated facilities.

Apparently Puerto Rico didn't undertake those remedial measures to the satisfaction of the federal government; on April 21, 1999, the U.S. Attorney General brought this action against the Commonwealth of Puerto Rico, its Governor, and other state officials. The complaint alleged violations of the Americans with Disabilities Act and the Rehabilitation Act. The complaint was largely a restatement of the DOJ findings listed above. The complaint requested a preliminary injunction enjoining defendants from continuing the practices described in the complaint.

Nine days later, an interim settlement agreement was reached. Under the agreement, the Commonwealth was ordered to improve living conditions at its mental health facilities (e.g. clean drinking water, adequate meals, access to medication, protection of patients' personal belongings). Each element of the agreement had a different effective date. For example, the Commonwealth was to assure immediately that its staff did not neglect or abuse patients, but the Commonwealth had 90 days to provide adequate wheelchairs. Under this agreement, the U.S. had the right to inspect facilities in Puerto Rico as well as request documents, provided that the U.S. gave adequate notice prior to any investigation. Under this agreement, the Commonwealth was also to develop a community-based service plan (CBSP) for individuals with mental disabilities. This interim agreement would be in effect until a comprehensive agreement was reached and a CBSP was filed with the court. Three months later the defendants filed a motion to extend time to "file with plaintiff their draft community based system plan in accordance with the settlement agreement."

On September 6, 2001, a the Commonwealth filed a CBSP with the court. The U.S. filed a motion in support of the agreement on October 10. This plan was created with the goal of placing qualified individuals with mental disabilities who had been previous institutionalized into "the most integrated settings in the community" or "least restrictive settings."

According to the DOJ congressional reports filed annually under CRIPA, monitoring of conditions in the covered facilities and community-based settings continued throughout the decade. In 2008, a "transition order" was entered to ensure that Puerto Rico continued making progress on its obligations during the transition of executive authority following the election. In the order, Puerto Rico was required to continue its efforts on a wide number of objectives including job training, medical care access, and payment for services. On August 17, 2009, the District Court ordered the Commonwealth to adequately fund programs and services required by persons with developmental disabilities, as required in the December 2008 Transition Order. In addition, the Court emphasized the need for the Commonwealth to address the vocational needs of such persons by hiring additional job coaches and job promoters, as well as to ensure better programs, services, and protections to persons with developmental disabilities in the Commonwealth.

Over the next several years, the Puerto Rican government worked with a Joint Compliance Coordinator and experts in the mental health field to make the changes listed in the previous three orders. On October 19, 2011 the parties adopted a joint compliance plan listing short terms and long-term goals for the mental health programs at issue in the suit. This plan re-affirmed the goals in the Interim Settlement Agreement, the Supplemental Interim Settlement Agreement, and the Community-Based Service Plan. In addition to this, the compliance plan dictated the defendants should re-evaluate and re-work many of their policies about patient transportation, health care, mental health care, and should work to place patients into integrated community residential settings.

In 2012, the Puerto Rican government went through a change in administration due to their gubernatorial election. The court, concerned that this change in administration may halt the efforts the Commonwealth was making toward improving their services for those with developmental disabilities, issued a supplemental transition order on November 11th of that year. This order re-affirmed past order from the court and reminded the commonwealth government to continue to provide the ordered services. After the 2016 gubernatorial election, the court did this again, issuing a second supplemental transition order on March 22, 2016.

Puerto Rico requested that the court monitor enter into a contract with the government of Puerto Rico, but the request was denied by Judge Gelpí in an order on June 27, 2014. The court was concerned that having the monitor in contract with the government of Puerto Rico would undermine the monitor's independence. The CRIPA congressional reports then show continued monitoring through 2014, the last one of them available.

Over the next two years, the court became concerned that Puerto Rico was neglecting to provide funding to community providers serving individuals with developmental disabilities. The court issued a remedial order on May 11, 2016 ordering Puerto Rico to provide “full base payments” to all these providers within 35 days.

Since 2016, the Commonwealth continued to pay tens of thousands of dollars to the Joint Compliance Coordinator, experts, and community providers of services to individuals with developmental disabilities. As of March 2019, this case was ongoing.

Summary Authors

Dan Dalton (3/19/2007)

Kate Craddock (11/8/2015)

Sarah Reasoner (3/21/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6672519/parties/united-states-v-commonwealth-of-pr/


Judge(s)

Garcia-Gregory, Jay A. (Puerto Rico)

Gelpí, Gustavo Antonio Jr. (Puerto Rico)

Pérez-Giménez, Juan Manuel (Puerto Rico)

Attorneys(s) for Plaintiff

Farano, Richard J. (District of Columbia)

Frohboese, Robinsue (District of Columbia)

Johnson, Elizabeth (District of Columbia)

Lee, Bill Lann (District of Columbia)

Reno, Janet (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Attorneys(s) for Defendant

Agostini, Jose A. Fuentes (Puerto Rico)

Judge(s)

Garcia-Gregory, Jay A. (Puerto Rico)

Gelpí, Gustavo Antonio Jr. (Puerto Rico)

Pérez-Giménez, Juan Manuel (Puerto Rico)

Attorneys(s) for Plaintiff

Farano, Richard J. (District of Columbia)

Frohboese, Robinsue (District of Columbia)

Johnson, Elizabeth (District of Columbia)

Lee, Bill Lann (District of Columbia)

Reno, Janet (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Attorneys(s) for Defendant

Agostini, Jose A. Fuentes (Puerto Rico)

Aldarando-Ortiz, Eliezer (Puerto Rico)

Castro-Moya, Leila S. (Puerto Rico)

Crespin-Credi, Esther (Puerto Rico)

Del-Valle-Cruz, Carlos A. (Puerto Rico)

Landron-Guardiola, Eileen (Puerto Rico)

Perez-Borerro, Arlene R. (Puerto Rico)

Rodriguez, Anabelle (District of Columbia)

Rotger Sabat, Angel E. (Puerto Rico)

Stroud, Barron L. (District of Columbia)

Other Attorney(s)

Gil, Guillermo (Puerto Rico)

Vinas-Bueso, Ramon L. (Puerto Rico)

Expert/Monitor/Master

Pinzler, Isabelle Katz (District of Columbia)

Documents in the Clearinghouse

Document

3:99-cv-01435

Docket [PACER]

March 21, 2019

March 21, 2019

Docket

Notice Letter re: Initiation of Investigation at Center for Integral Services

CRIPA Investigation

No Court

May 15, 1996

May 15, 1996

Notice Letter

Notice Letter re: CRIPA Investigation of Puerto Rico Mental Retardation Facilities.

CRIPA Investigation

No Court

June 11, 1997

June 11, 1997

Notice Letter

Findings Letter re: CRIPA Investigation of the Center for Integral Services, Rio Piedras, Puerto Rico

CRIPA Investigation

No Court

June 11, 1997

June 11, 1997

Findings Letter/Report

Findings Letter Re: Centro de Reeducacion para Adultos in Bayamon, Centro de Servicios Multiples Rosario Bellber in Aibonito, Facilidad de Cuidado Intermedio in Cayey, Hogar de Grupo Las Mesas in Mayaguez, and Centro de Servicios Multiples de Camasey

CRIPA Investigation

No Court

Dec. 11, 1997

Dec. 11, 1997

Findings Letter/Report

Findings letter

No Court

April 21, 1999

April 21, 1999

Findings Letter/Report
1

3:99-cv-01435

Complaint

U.S.A. v. Puerto Rico

April 21, 1999

April 21, 1999

Complaint
2

3:99-cv-01435

Interim Settlement Agreement

United States v. Puerto Rico

April 30, 1999

April 30, 1999

Settlement Agreement
15

3:99-cv-01435

Supplemental Interim Settlement Agreement

United States v. Puerto Rico

April 14, 2000

April 14, 2000

Settlement Agreement
27

3:99-cv-01435

Order

July 22, 2000

July 22, 2000

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6672519/united-states-v-commonwealth-of-pr/

Last updated Nov. 30, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1719

ORDER granting 1716 Motion submitting Invoice Signed by Judge Gustavo A. Gelpi on 11/17/15. (al) (Entered: 11/17/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER
1720

Motion In Compliance, MOTION for Leave to File Spanish language documents filed by Arlene R. Perez-Borrero on behalf of All Defendants Suggestions in opposition/response due by 12/7/2015 (Attachments: # 1 Exhibit Executive Summary of the PDI)(Perez-Borrero, Arlene) (Entered: 11/18/2015)

Nov. 18, 2015

Nov. 18, 2015

PACER
1721

ORDER regarding 1720 Motion In Compliance: Noted. Signed by US Magistrate Judge Marcos E. Lopez on 11/23/15. (jhi) (Entered: 11/23/2015)

Nov. 23, 2015

Nov. 23, 2015

PACER
1722

ORDER : A public hearing, as previously announced to the parties, is hereby set for February 18 and 19, 2016. The JCC, Dr. Aceves, is currently working on the agenda. The same shall be made public once ready.Hearing set for February 18-19 at 9:00 AM in Ponce Courthouse before Judge Gustavo A. Gelpi. Signed by Judge Gustavo A. Gelpi on 1/7/16.(al) Modified on 1/7/2016 to add main document (mr). (Entered: 01/07/2016)

Jan. 7, 2016

Jan. 7, 2016

PACER
1723

MOTION Submitting Invoice for Javier Aceves, MD, JCC Office November 2015 filed by Javier Aceves Suggestions in opposition/response due by 1/28/2016 (al) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

PACER
1724

MOTION Submitting Invoice for Dr. Carmelo Rodrguez Perez, a-JCC-2 November 2015 filed by Javier Aceves Suggestions in opposition/response due by 1/28/2016 (al) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

PACER
1725

MOTION Submitting Invoice for Dr. Dimaris Garcia, a-JCC1 November 2015 filed by Javier Aceves Suggestions in opposition/response due by 1/28/2016 (al) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

PACER
1726

ORDER granting 1723 Motion submitting Invoice Signed by Judge Gustavo A. Gelpi on 1/11/16. (al) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

PACER
1727

ORDER granting 1724 Motion submitting Invoice Signed by Judge Gustavo A. Gelpi on 1/11/16. (al) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

PACER
1728

ORDER granting 1725 Motion submitting Invoice Signed by Judge Gustavo A. Gelpi on 1/11/16. (al) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

PACER
1729

MOTION Submitting Amended Invoice for Javier Aceves, MD, JCC Office November 2015 filed by Javier Aceves Suggestions in opposition/response due by 2/1/2016 (al) (Entered: 01/14/2016)

Jan. 14, 2016

Jan. 14, 2016

PACER
1730

ORDER granting 1729 Motion submitting Amended Invoice Signed by Judge Gustavo A. Gelpi on 1/14/16. (al) (Entered: 01/14/2016)

Jan. 14, 2016

Jan. 14, 2016

PACER
1731

MOTION Submitting 2nd Amended Invoice filed by Dr.Javier Aceves Suggestions in opposition/response due by 2/1/2016 (al) (Entered: 01/14/2016)

Jan. 14, 2016

Jan. 14, 2016

PACER
1732

ORDER granting 1731 Motion submitting 2nd Amended Invoice Signed by Judge Gustavo A. Gelpi on 1/14/16. (al) (Entered: 01/14/2016)

Jan. 14, 2016

Jan. 14, 2016

PACER
1733

TRANSCRIPT REQUEST by USA for proceedings held on October 8, 2015 before Judge Marcos Lopez.. (Farano, Richard) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

PACER
1734

SCHEDULING ORDER for the Ponce Public Hearings. Public Hearing set for February 18-19, 2016. Signed by Judge Gustavo A. Gelpi on 1/25/2016. (MET) (Entered: 01/25/2016)

Jan. 25, 2016

Jan. 25, 2016

PACER
1735

MOTION Submitting Invoice for Javier Aceves, MD, JCC Office December 2015 filed by Javier Aceves Suggestions in opposition/response due by 2/16/2016 (al) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
1736

MOTION Submitting Invoice for Dr. Carmelo Rodrguez Perez, a-JCC-2 December 2015 filed by Javier Aceves Suggestions in opposition/response due by 2/16/2016 (al) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
1737

MOTION Submitting Invoice For Services Rendered To The Health Reform During The Month of December 2015 and Archive Expenses by Castellanos, Esq. filed by Javier Aceves Suggestions in opposition/response due by 2/16/2016 (al) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
1738

ORDER granting 1735 Motion submitting Invoice Signed by Judge Gustavo A. Gelpi on 1/27/16. (al) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
1739

ORDER granting 1736 Motion submitting Invoice Signed by Judge Gustavo A. Gelpi on 1/27/16. (al) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
1740

ORDER granting 1737 Motion submitting Invoice Signed by Judge Gustavo A. Gelpi on 1/27/16. (al) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
1741

MOTION Submitting Invoice for Dr. Dimaris Garca, a-JCC1 December 2015 filed by Javier Aceves Suggestions in opposition/response due by 2/16/2016 (al) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
1742

ORDER granting 1741 Motion submitting Invoice for Dr. Dimaris Garca, a-JCC1 December 2015 Signed by Judge Gustavo A. Gelpi on 1/27/16. (al) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
1743

MOTION Submitting Invoice for Roberto Blanco, MD, consultant to JCC office September 2015 filed by Javier Aceves Suggestions in opposition/response due by 2/16/2016 (al) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
1744

ORDER granting 1743 Motion submitting Invoice for Roberto Blanco, MD, consultant to JCC office September 2015 Signed by Judge Gustavo A. Gelpi on 1/27/16. (al) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
1745

ORDER: Regarding translations for February Public Hearing. Signed by Judge Gustavo A. Gelpi on 1/28/2016.(MET) (Entered: 01/28/2016)

Jan. 28, 2016

Jan. 28, 2016

PACER
1746

INFORMATIVE Motion filed by Richard J. Farano on behalf of USA Suggestions in opposition/response due by 2/19/2016 (Farano, Richard) (Entered: 02/02/2016)

Feb. 2, 2016

Feb. 2, 2016

PACER
1747

Motion In Compliance with order at ECF Document No. 1745 filed by Arlene R. Perez-Borrero on behalf of All Defendants Suggestions in opposition/response due by 2/19/2016 (Perez-Borrero, Arlene) (Entered: 02/02/2016)

Feb. 2, 2016

Feb. 2, 2016

PACER
1748

ORDER: Noted 1746 INFORMATIVE motion. Signed by Judge Gustavo A. Gelpi on 2/3/2016. (COL) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

PACER
1749

ORDER: Noted 1747 Motion In Compliance. Attorney Castellanos is directed to continue following up on the matter, and alert the Court if necessary. This matter cannot be left pending until the eve of the Ponce hearing. Signed by Judge Gustavo A. Gelpi on 2/3/2016. (COL) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

PACER
1750

Motion In Compliance with Directives of the Court (Docket 1734) filed by Alfredo Castellanos-Bayouth on behalf of Javier Aceves Suggestions in opposition/response due by 2/22/2016 (Castellanos-Bayouth, Alfredo) (Entered: 02/04/2016)

Feb. 4, 2016

Feb. 4, 2016

PACER
1751

MOTION Requesting Relief filed by Jo-Ann Estades-Boyer on behalf of Department of Justice - Commonwealth of P.R. Suggestions in opposition/response due by 2/22/2016 (Estades-Boyer, Jo-Ann) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

PACER
1752

ORDER: Noted 1750 Motion In Compliance with Directives of the Court. Signed by Judge Gustavo A. Gelpi on 02/05/2016. (COL) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

PACER
1753

ORDER: The Government may formally respond to the motion at Docket No. 1751 following the Ponce hearing if warranted. Parties may briefly address the matter there if time permits. Signed by Judge Gustavo A. Gelpi on 2/8/2016. (COL) (Entered: 02/08/2016)

Feb. 8, 2016

Feb. 8, 2016

PACER
1754

SCHEDULING ORDER/CASE MANAGEMENT ORDER: Final scheduling order for the Ponce Public Hearings. Public Hearing is set for 9:00 a.m. on Thursday, February 18, 2016, and Friday, February 19, 2016, at the Luis A. Ferre United States Courthouse in Ponce, Puerto Rico. Signed by Judge Gustavo A. Gelpi on 2/9/2016. (COL) (Additional attachment(s) added on 2/10/2016: # 1 Schedule to Order) (mr). Modified on 2/10/2016 to add document as exhibit 1 (schedule to Oder) (mr). (Entered: 02/09/2016)

Feb. 9, 2016

Feb. 9, 2016

PACER
1755

MOTION to Clarify Notice to the Court - Change of Person filed by Alfredo Castellanos-Bayouth on behalf of Javier Aceves Suggestions in opposition/response due by 2/29/2016 (Castellanos-Bayouth, Alfredo) (Entered: 02/11/2016)

Feb. 11, 2016

Feb. 11, 2016

PACER
1756

ORDER noted 1755 Motion to Clarify Notice to the Court - Change of Person. Signed by US Magistrate Judge Marcos E. Lopez on 2/12/16. (ft) (Entered: 02/12/2016)

Feb. 12, 2016

Feb. 12, 2016

PACER
1757

INFORMATIVE Motion regarding Notice of Compliance filed by Alfredo Castellanos-Bayouth on behalf of Javier Aceves Suggestions in opposition/response due by 2/29/2016 (Castellanos-Bayouth, Alfredo) (Entered: 02/12/2016)

Feb. 12, 2016

Feb. 12, 2016

PACER
1758

ORDER: Noted 1757 INFORMATIVE motion regarding notice of compliance. Signed by Judge Gustavo A. Gelpi on 2/12/2016. (COL) (Entered: 02/12/2016)

Feb. 12, 2016

Feb. 12, 2016

PACER
1759

ORDER: Re: Jeannie Castillo. Signed by Judge Gustavo A. Gelpi on 2/16/2016. (COL) (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

PACER
1760

ORDER: Re: Comments to the Court. Signed by Judge Gustavo A. Gelpi on 2/16/2016. (COL) (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

PACER
1761

INFORMATIVE Motion regarding Notice of Compliance filed by Alfredo Castellanos-Bayouth on behalf of Javier Aceves Suggestions in opposition/response due by 3/4/2016 (Castellanos-Bayouth, Alfredo) (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

PACER
1762

ORDER: Noted 1761 INFORMATIVE motion regarding notice of compliance. Signed by Judge Gustavo A. Gelpi on 2/17/2016. (COL) (Entered: 02/17/2016)

Feb. 17, 2016

Feb. 17, 2016

PACER
1792

Minute Entry for proceedings held before Judge Gustavo A. Gelpi:Status Conference held on 2/18/2016 Further Public Hearing Status Conference set for 2/19/2016 at 9:00 AM in Old San Juan Courtroom before Judge Gustavo A. Gelpi.(Court Reporter Evilys Carrion.) (al) (Entered: 03/11/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
1793

Minute Entry for proceedings held before Judge Gustavo A. Gelpi:2nd day of Public Hearing Status Conference held on 2/19/2016 (Court Reporter Evilys Carrion.) (al) (Entered: 03/11/2016)

Feb. 19, 2016

Feb. 19, 2016

PACER
1794

AMENDED Minute Entry for proceedings held before Judge Gustavo A. Gelpi : 2nd day of Public Hearing Status Conference (Court Reporter Evilys Carrion.) (al) (Entered: 03/11/2016)

Feb. 19, 2016

Feb. 19, 2016

PACER
1763

TRANSCRIPT REQUEST by USA for proceedings held on February 18-19, 2016 before Judge Gelpi and Lopez.. (Farano, Richard) (Entered: 02/26/2016)

Feb. 26, 2016

Feb. 26, 2016

PACER
1764

MOTION Submitting : Invoice for Javier Aceves, MD, JCC Office January 2015 filed by Javier Aceves Suggestions in opposition/response due by 3/28/2016 (al) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
1765

MOTION Submitting Invoice For Services Rendered To The Health Reform During The Month of January 2016. filed by Javier Aceves Suggestions in opposition/response due by 3/28/2016 (al) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
1766

MOTION Submitting Invoice for Dr. Carmelo Rodrguez Perez, a-JCC-2 January 2016 filed by Javier Aceves Suggestions in opposition/response due by 3/28/2016 (al) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
1767

MOTION Submitting Invoice for Dr. Dimaris Garca, a-JCC1 January 2016 filed by Javier Aceves Suggestions in opposition/response due by 3/28/2016 (al) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
1768

ORDER granting 1764 Motion submitting Invoice Signed by Judge Gustavo A. Gelpi on 3/9/16. (al) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
1769

ORDER granting 1767 Motion submitting Invoice Signed by Judge Gustavo A. Gelpi on 3/9/16. (al) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
1770

ORDER granting 1766 Motion submitting Invoice Signed by Judge Gustavo A. Gelpi on 3/9/16. (al) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
1771

ORDER granting 1765 Motion submitting Invoice Signed by Judge Gustavo A. Gelpi on 3/9/16. (al) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
1772

MOTION to Restrict Document filed by Richard J. Farano on behalf of USA Suggestions in opposition/response due by 3/28/2016 (Farano, Richard) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
1773

**CASE PARTICIPANTS**Memorandum in Opposition to Motion filed by USA Re: 1751 MOTION Requesting Relief filed by Department of Justice - Commonwealth of P.R., 1772 MOTION to Restrict Document filed by USA filed by USA. (Attachments: # 1 Exhibit One, # 2 Exhibit Two)(Farano, Richard) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
1774

ORDER: Granting 1772 Motion to Restrict. Signed by Judge Gustavo A. Gelpi on 3/9/2016. (COL) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
1775

ORDER: In light of Memorandum in Opposition to Motion filed by USA Re: 1751 MOTION Requesting Relief filed by Department of Justice - Commonwealth of P.R at Docket No. 1773, the Commonwealth is advised to reply by March 18, 2016. Signed by Judge Gustavo A. Gelpi on 3/9/2016. (COL) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
1776

MOTION Submitting Invoice for services rendered for the month of February 2016 by Hernandez-Denton filed by Javier Aceves Suggestions in opposition/response due by 3/28/2016 (al) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
1777

MOTION Submitting Invoice for Javier Aceves, MD, JCC Office February 2016 filed by Javier Aceves Suggestions in opposition/response due by 3/28/2016 (al) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
1778

MOTION Submitting Invoice for Dr. Carmelo Rodrguez Perez, a-JCC-2 February 2016 filed by Javier Aceves Suggestions in opposition/response due by 3/28/2016 (al) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
1779

MOTION Submitting Invoice For Services Rendered To The Health Reform During The Month of January 2016 Atty Castellanos filed by Javier Aceves Suggestions in opposition/response due by 3/28/2016 (al) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
1780

MOTION Submitting Invoice for Dr. Dimaris Garca, a-JCC1 February 2016 filed by Javier Aceves Suggestions in opposition/response due by 3/28/2016 (al) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
1781

MOTION Submitting Invoice for Francisco J. Agrait Camacho, a-JCC3 February 2016 filed by Javier Aceves Suggestions in opposition/response due by 3/28/2016 (al) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
1782

ORDER granting 1781 Motion submitting Invoice February 2016 Signed by Judge Gustavo A. Gelpi on 3/9/16. (al) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
1783

ORDER granting 1780 Motion submitting Invoice February 2016 Signed by Judge Gustavo A. Gelpi on 3/9/16. (al) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
1784

ORDER granting 1779 Motion submitting Invoice February 2016 Signed by Judge Gustavo A. Gelpi on 3/9/16. (al) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
1785

ORDER granting 1778 Motion submitting Invoice February 2016 Signed by Judge Gustavo A. Gelpi on 3/9/16. (al) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
1786

ORDER granting 1777 Motion submitting Invoice February 2016 Signed by Judge Gustavo A. Gelpi on 3/9/16. (al) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
1787

ORDER granting 1776 Motion submitting Invoice February 2016 Signed by Judge Gustavo A. Gelpi on 3/9/16. (al) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
1788

MOTION to Withdraw Attorney as to Beatriz Annexy-Guevara filed by Beatriz Annexy-Guevara on behalf of All Defendants Suggestions in opposition/response due by 3/28/2016 (Annexy-Guevara, Beatriz) (Entered: 03/10/2016)

March 10, 2016

March 10, 2016

PACER
1789

ORDER: Granting 1788 Motion to Withdraw as Attorney. Attorney Beatriz Annexy-Guevara terminated. Signed by Judge Gustavo A. Gelpi on 3/10/2016. (COL) (Entered: 03/10/2016)

March 10, 2016

March 10, 2016

PACER
1790

ORDER: The next public hearing in this case is scheduled for August 11-12, 2016, at the Luis A. Ferre Courthouse in Ponce, Puerto Rico. The schedule and deponents shall be announced in due course. However, the Court advances that it will devote a substantial portion of one of the two days to discuss matters regarding participants with down syndrome, as announced at the last public hearing. Notwithstanding, the issues pertaining to participants with other mental disabilities will also be covered during the remaining time. Signed by Judge Gustavo A. Gelpi on 3/10/2016. (COL) (Entered: 03/10/2016)

March 10, 2016

March 10, 2016

PACER
1791

Transcript of status conference held on 10/08/2015, before Magistrate Judge Marcos Lopez. Court Reporter/Transcriber Evilys Carrion, Telephone number 787.772.3377. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be available electronically to the public without redaction after 90 calendar days. The policy is located at www.prd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/4/2016. Redacted Transcript Deadline set for 4/14/2016. Release of Transcript Restriction set for 6/13/2016. (eec) (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

PACER
1795

ORDER: Second Supplemental Transition Order. Signed by Judge Gustavo A. Gelpi on 3/22/2016. (COL) (Entered: 03/22/2016)

March 22, 2016

March 22, 2016

Clearinghouse
1796

ORDER: Denying 1751 Motion for Miscellaneous Relief. JC cannot be removed from the program. The Court agrees with the reasons adduced by the U.S. Government. Signed by Judge Gustavo A. Gelpi on 3/23/2016. (COL) (Entered: 03/23/2016)

March 23, 2016

March 23, 2016

PACER
1797

MOTION to Restrict Document Report on Emergency Conference Call Between the Parties and the JCC filed by Alfredo Castellanos-Bayouth on behalf of Javier Aceves Suggestions in opposition/response due by 4/25/2016 (Castellanos-Bayouth, Alfredo) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
1798

***SELECTED PARTIES*** INFORMATIVE Motion regarding Report on Emergency Conference Call Between the Parties and the JCC filed by Alfredo Castellanos-Bayouth on behalf of Javier Aceves, The Commonwealth of Puerto Rico, USA Suggestions in opposition/response due by 4/25/2016 (Attachments: # 1 Exhibit 1)(Castellanos-Bayouth, Alfredo) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
1799

***SELECTED PARTIES*** ORDER: GRANTING 1797 MOTION to Restrict Document, NOTING 1798 INFORMATIVE Motion. Signed by Judge Gustavo A. Gelpi on 4/8/2016. (COL) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
1800

MOTION to Restrict Document Emergency Notice to the Court filed by Alfredo Castellanos-Bayouth on behalf of Javier Aceves Suggestions in opposition/response due by 4/25/2016 (Castellanos-Bayouth, Alfredo) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
1801

***SELECTED PARTIES*** INFORMATIVE Motion regarding Emergency Notice to the Court filed by Alfredo Castellanos-Bayouth on behalf of Javier Aceves, The Commonwealth of Puerto Rico, USA Suggestions in opposition/response due by 4/25/2016 (Castellanos-Bayouth, Alfredo) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
1802

ORDER: Noted 1801 INFORMATIVE motion. An emergency conference is hereby set for Tuesday, April 12, 2016, at Courtroom 6, Old San Juan Courthouse. The situation is unacceptable, more so without any explanation whatsoever. If the matter is not resolved by Tuesday, the Court will issues any and all corresponding orders to ensure that the participants are not left without the essential services. Even with fiscal chaos, the Commonwealth at a minimum must present a contingency plan that will guarantee their constitutional rights and not revert to institutionalization. Signed by Judge Gustavo A. Gelpi on 04/09/2016. (COL) (Entered: 04/09/2016)

April 9, 2016

April 9, 2016

PACER
1803

ORDER: Granting 1800 Motion to Restrict. Signed by Judge Gustavo A. Gelpi on 04/09/2016. (COL) (Entered: 04/09/2016)

April 9, 2016

April 9, 2016

PACER
1804

ORDER: The emergency hearing (see Docket 1802) is hereby set for Tuesday, April 12, 2016, at 10:30 am, at Courtroom 6, Old San Juan Courthouse. Signed by Judge Gustavo A. Gelpi on 04/09/2016. (COL) (Entered: 04/09/2016)

April 9, 2016

April 9, 2016

PACER
1805

MOTION Submitting Invoice for Javier Aceves, MD, JCC Office March 2016 filed by Javier Aceves Suggestions in opposition/response due by 4/28/2016 (al) (Entered: 04/11/2016)

April 11, 2016

April 11, 2016

PACER
1806

MOTION Submitting Invoice for Dr. Carmelo Rodrguez Perez, a-JCC-2 March 2016 filed by Javier Aceves Suggestions in opposition/response due by 4/28/2016 (al) (Entered: 04/11/2016)

April 11, 2016

April 11, 2016

PACER
1807

MOTION Submitting Invoice for Dr. Dimaris Garca, a-JCC1 March 2016 filed by Javier Aceves Suggestions in opposition/response due by 4/28/2016 (al) (Entered: 04/11/2016)

April 11, 2016

April 11, 2016

PACER
1808

MOTION Submitting Invoice For Services Rendered To The Health Reform During The Month of January 2016 by Atty Castellanos filed by Javier Aceves Suggestions in opposition/response due by 4/28/2016 (al) (Entered: 04/11/2016)

April 11, 2016

April 11, 2016

PACER
1809

ORDER granting 1805 Motion submitting Invoice Signed by Judge Gustavo A. Gelpi on 4/11/16. (al) (Entered: 04/11/2016)

April 11, 2016

April 11, 2016

PACER
1810

ORDER granting 1806 Motion submitting Invoice Signed by Judge Gustavo A. Gelpi on 4/11/16. (al) (Entered: 04/11/2016)

April 11, 2016

April 11, 2016

PACER
1811

ORDER granting 1807 Motion submitting Invoice Signed by Judge Gustavo A. Gelpi on 4/11/16. (al) (Entered: 04/11/2016)

April 11, 2016

April 11, 2016

PACER
1812

ORDER granting 1808 Motion submitting Invoice Signed by Judge Gustavo A. Gelpi on 4/11/16. (al) (Entered: 04/11/2016)

April 11, 2016

April 11, 2016

PACER
1813

MOTION to Restrict Document Report on Follow-Up Conference Call Between the Parties and the JCC's Office filed by Alfredo Castellanos-Bayouth on behalf of Javier Aceves Suggestions in opposition/response due by 4/28/2016 (Castellanos-Bayouth, Alfredo) (Entered: 04/11/2016)

April 11, 2016

April 11, 2016

PACER
1814

***SELECTED PARTIES*** INFORMATIVE Motion regarding Report on Follow-Up Conference Call Between the Parties and the JCC's Office filed by Alfredo Castellanos-Bayouth on behalf of Javier Aceves, The Commonwealth of Puerto Rico, USA Suggestions in opposition/response due by 4/28/2016 (Castellanos-Bayouth, Alfredo) (Entered: 04/11/2016)

April 11, 2016

April 11, 2016

PACER
1815

***SELECTED PARTIES***ORDER: Noted 1814 INFORMATIVE motion. See attachment. Signed by Judge Gustavo A. Gelpi on 4/11/2016. (MET) (Entered: 04/11/2016)

April 11, 2016

April 11, 2016

PACER
1816

MOTION Submitting Corrected Invoice For Services Rendered To The Health Reform During The Month of March 2016 by Atty Castellanos. filed by Javier Aceves Suggestions in opposition/response due by 4/29/2016 (al) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

PACER
1817

ORDER granting 1816 Motion submitting Corrected Invoice Signed by Judge Gustavo A. Gelpi on 4/12/16. (al) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

PACER
1818

MOTION to Restrict Document filed by Arlene R. Perez-Borrero on behalf of All Defendants Suggestions in opposition/response due by 5/2/2016 (Perez-Borrero, Arlene) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

PACER

Case Details

State / Territory: Puerto Rico

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: April 21, 1999

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Center for Integral Services (Rio Piedras), State

Defendant Type(s):

Jurisdiction-wide

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

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

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Food service / nutrition / hydration

Habilitation (training/treatment)

Individualized planning

Neglect by staff

Totality of conditions

Disability:

Integrated setting

Mental Disability:

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Medical care, general

Medication, administration of

Mental health care, general

Type of Facility:

Government-run