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

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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 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.

	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
	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
	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: 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

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT w/attachment (ct) . Modified on 2/24/2015 to add pdf (ni). (Entered: 04/27/1999)	April 21, 1999	April 21, 1999 PACER
2	INTERIM SETTLEMENT AGREEMENT by USA, Commonwealth of PR, Pedro Rosello, Carmen Feliciano-Vda.-de-Me, Jose De-Leon (mr) (Entered: 05/04/1999)	April 30, 1999	April 30, 1999 PACER
	ENDORSED ORDER granting [2-1] interim stlmt agreement ( signed by Judge Juan M. Perez-Gimenez ) (mr)	April 30, 1999	April 30, 1999 PACER
3	JUDGMENT dismissing the case, etc., as stated herein ( signed by Judge Juan M. Perez-Gimenez ) (mr) (Entered: 05/04/1999)	April 30, 1999	April 30, 1999 PACER
	Case closed (mr)	April 30, 1999	April 30, 1999 PACER
4	MOTION by Commonwealth of PR, Pedro Rosello, Carmen Feliciano-Vda.-de-Me, Jose De-Leon to Extend Time until 8/22/99 to file with pltf their draft community-based system plan in accordance with the stlmt agreement (mr) (Entered: 08/02/1999)	July 30, 1999	July 30, 1999 PACER
	ENDORSED ORDER granting [4-1] motion to Extend Time until 8/22/99 to file with pltf their draft community-based system plan in accordance with the stlmt agreement, set Motion Filing deadline to 8/23/99 ( signed by Judge Juan M. Perez-Gimenez ) (mr)	Aug. 17, 1999	Aug. 17, 1999 PACER
5	NOTICE of Attorney Appearance for Commonwealth of PR, Pedro Rosello, Carmen Feliciano-Vda.-de-Me, Jose De-Leon by Esther Crespin-Credi (ct) (Entered: 10/04/1999)	Oct. 1, 1999	Oct. 1, 1999 PACER
6	MOTION by Commonwealth of PR, Pedro Rosello, Carmen Feliciano-Vda.-de-Me, Jose De-Leon to Extend Time for a period of 60 days to submit stlmt agreement (mr) (Entered: 11/04/1999)	Nov. 3, 1999	Nov. 3, 1999 PACER
7	MOTION by USA to Extend Time until 3/1/00 to reach a stlmt agreement (mr) (Entered: 12/21/1999)	Dec. 20, 1999	Dec. 20, 1999 PACER
8	MOTION by Commonwealth of PR, Pedro Rosello, Carmen Feliciano-Vda.-de-Me, Jose De-Leon to Extend Time for 30 days to submit settlement agreement (ct) (Entered: 03/02/2000)	March 1, 2000	March 1, 2000 PACER
9	ORDER granting [7-1] motion to Extend Time until 3/1/00 to reach a stlmt agreement Set Advise Court of Settlement deadline to 3/1/00 ( signed by Judge Juan M. Perez-Gimenez ) (ct) (Entered: 03/17/2000)	March 17, 2000	March 17, 2000 PACER
10	ORDER granting [8-1] motion to Extend Time for 30 days to submit settlement agreement Set Advise Court of Settlement deadline to 4/1/00 ( signed by Judge Juan M. Perez-Gimenez ) (ct) (Entered: 03/17/2000)	March 17, 2000	March 17, 2000 PACER
11	MINUTES of Setting: setting conference for the approval of the final settlement agreement for 2:00 4/4/00 before Judge Juan M. Perez-Gimenez (Clerk) (ct) (Entered: 03/30/2000)	March 30, 2000	March 30, 2000 PACER
12	JOINT MOTION by USA, Commonwealth of PR, Pedro Rosello, Carmen Feliciano-Vda.-de-Me, Jose De-Leon to Extend Time until 4/4/00 to submit settlement documents (ct) (Entered: 04/03/2000)	March 31, 2000	March 31, 2000 PACER
	CASE REFERRED TO COURTROOM DEPUTY. (ct)	April 4, 2000	April 4, 2000 PACER
	Settlement Conference held before Judge Juan M. Perez-Gimenez (il)	April 4, 2000	April 4, 2000 PACER
13	Minute entry: Stlmt cnf held. Pltfs req the appointment of an independent monitor, which pts agree that Dr. John McGee be appointed. Pts should submit by 4/14/00 a joint mot on the participation of Dr. McGee. If no agreement is reached within 30 days, the Court will start scheduling hearings for July. set Advise Court of Settlement deadline to 5/4/00 ( Judge Juan M. Perez-Gimenez ) (il) (Entered: 04/07/2000)	April 4, 2000	April 4, 2000 PACER
	ENDORSED ORDER granting [12-1] joint motion to Extend Time until 4/4/00 to submit settlement documents ( signed by Judge Juan M. Perez-Gimenez ) (il)	April 7, 2000	April 7, 2000 PACER
14	MOTION SUBMITTING findings and expert reports w/attachment by USA (ct) (Entered: 04/13/2000)	April 12, 2000	April 12, 2000 PACER
15	SUPPLEMENTAL INTERIM SETTLEMENT AGREEMENT by USA, Commonwealth of PR, Pedro Rosello, Carmen Feliciano-Vda.-de-Me, Jose De-Leon (il) (Entered: 04/17/2000)	April 14, 2000	April 14, 2000 PACER
16	NOTICE of Attorney Appearance for Commonwealth of PR, Pedro Rosello, Carmen Feliciano-Vda.-de-Me, Jose De-Leon by Charles S. Fax, Barron L. Stroud (ct) (Entered: 04/28/2000)	April 27, 2000	April 27, 2000 PACER
17	MOTION by Commonwealth of PR, Pedro Rosello, Carmen Feliciano-Vda.-de-Me, Jose De-Leon for Charles Fax and Barron L. Stroud to Appear Pro Hac Vice Filing Fee $ PENDING (ct) (Entered: 04/28/2000)	April 27, 2000	April 27, 2000 PACER
18	JOINT MOTION by USA, Commonwealth of PR, Pedro Rosello, Carmen Feliciano-Vda.-de-Me, Jose De-Leon to Extend Time until 5/12/00 to submit Dr. McGee's proposed budget (ct) (Entered: 05/01/2000)	April 28, 2000	April 28, 2000 PACER
19	ORDER [14-1] miscellaneous Noted. ( signed by Judge Juan M. Perez-Gimenez ) (ct) (Entered: 05/12/2000)	May 11, 2000	May 11, 2000 PACER
20	MOTION SUBMITTING summary of proposed budget w/attachment by John J. McGee (ct) (Entered: 05/15/2000)	May 12, 2000	May 12, 2000 PACER
21	JOINT SUBMISSION by USA, Commonwealth of PR, Pedro Rosello, Carmen Feliciano-Vda.-de-Me, Jose De-Leon in support of [20-1] proposed budget by John J. McGee (ct) (Entered: 05/18/2000)	May 17, 2000	May 17, 2000 PACER
22	INFORMATIVE MOTION reg. communication with McGee about appt as joint compliance coordinator by defts and to request order accepting the SISA as partial order and jdmt (ni) (Entered: 07/12/2000)	July 11, 2000	July 11, 2000 PACER
23	ORDER [16-1] appear/appearance notice Noted. granting [17-1] motion for Charles Fax and Barron L. Stroud to Appear Pro Hac Vice Filing Fee $ PENDING mooting [18-1] joint motion to Extend Time until 5/12/00 to submit Dr. McGee's proposed budget ( signed by Judge Juan M. Perez-Gimenez ) (ni) (Entered: 07/13/2000)	July 13, 2000	July 13, 2000 PACER
24	ORDER approving [20-1] miscellaneous ( signed by Judge Juan M. Perez-Gimenez ) (ni) (Entered: 07/13/2000)	July 13, 2000	July 13, 2000 PACER
25	ORDER [21-1] support response Noted. ( signed by Judge Juan M. Perez-Gimenez ) (ni) (Entered: 07/13/2000)	July 13, 2000	July 13, 2000 PACER
26	Minute entry: vacating [3-1] judgment order ( Judge Juan M. Perez-Gimenez ) (ct) (Entered: 07/21/2000)	July 20, 2000	July 20, 2000 PACER
	Case reopened (ni)	July 20, 2000	July 20, 2000 PACER
27	ORDER approving [15-1] supplemental interim settlement agreement ( signed by Judge Juan M. Perez-Gimenez ) (ct) (Entered: 07/21/2000)	July 21, 2000	July 21, 2000 PACER
28	INTERIM PARTIAL JUDGMENT making the interim settlement agreement part of this judgment, etc. ( signed by Judge Juan M. Perez-Gimenez ) (ct) (Entered: 07/21/2000)	July 21, 2000	July 21, 2000 PACER
29	MOTION SUBMITTING first quarterly advance for payment of services of the joint compliance coordinator in compliance with the suppl. interim stlmt agreement, w/attachment by Commonwealth of PR (ni) (Entered: 08/01/2000)	July 28, 2000	July 28, 2000 PACER
30	MOTION SUBMITTING invoice for services rendered by the joint compliance coordinator, w/attachment by Commonwealth of PR (ni) (Entered: 08/01/2000)	July 28, 2000	July 28, 2000 PACER
31	ORDER granting [30-1] miscellaneous and authorizing the payment of $8,582.94 to John McGee for services rendered. ( signed by Judge Juan M. Perez-Gimenez ) (ct) (Entered: 09/01/2000)	Sept. 1, 2000	Sept. 1, 2000 PACER
32	ORDER accepting the $73,336.25 deposited by dfts and directing the Clerk to deposit said amount and to use it for payment of the services provided by John McGee. ( signed by Judge Juan M. Perez-Gimenez ) (ct) (Entered: 09/01/2000)	Sept. 1, 2000	Sept. 1, 2000 PACER
37	CHECK # 2309799 in the amount of $ 8,582.94 payable to John J. McGee issued (il) (Entered: 10/11/2000)	Sept. 19, 2000	Sept. 19, 2000 PACER

Case: U.S. v. Puerto Rico

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

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