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 attorneys, see: https://www.courtlistener.com/docket/6672519/parties/united-states-v-commonwealth-of-pr/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Agostini, Jose A. Fuentes (Puerto Rico)

Aldarando-Ortiz, Eliezer (Puerto Rico)

Aldarondo-Lopez, Eliezer Alberto (Puerto Rico)

Expert/Monitor/Master/Other

Aceves, Javier (Puerto Rico)

Alcaraz-Irizarry, Diana M. (Puerto Rico)

Attorney for Defendant

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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

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

Docket

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

Last updated April 17, 2025, 11:32 a.m.

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
34

MOTION by Commonwealth of PR for Dennise N. Longo de Morgan to Withdraw as Attorney (ni) (Entered: 09/21/2000)

Sept. 20, 2000

Sept. 20, 2000

PACER
33

MEMORANDUM of the Clerk reassigning the case to Judge Garcia-Gregory (ft) (Entered: 09/21/2000)

Sept. 21, 2000

Sept. 21, 2000

PACER

CASE reassigned to Judge Jay A. Garcia-Gregory (ft)

Sept. 21, 2000

Sept. 21, 2000

PACER
35

ORDER granting [34-1] motion for Dennise N. Longo de Morgan to Withdraw as Attorney (Terminated attorney Dennisse N. Longo-De-Morgan for Commonwealth of PR ( signed by Judge Jay A. Garcia-Gregory ) (il) (Entered: 10/03/2000)

Oct. 3, 2000

Oct. 3, 2000

PACER
36

MOTION SUBMITTING invoices for services rendered by the joint compliance coordinator w/attachment by Commonwealth of PR, Pedro J. Rossello-Gonzalez, Carmen Feliciano-Vda.-de-Me, Jose De-Leon (il) (Entered: 10/04/2000)

Oct. 3, 2000

Oct. 3, 2000

PACER
38

Informative Motion by Commonwealth of PR, Pedro J. Rossello-Gonzalez, Carmen Feliciano-Vda.-de-Me, Jose De-Leon re: atty change of address. (il) (Entered: 10/17/2000)

Oct. 13, 2000

Oct. 13, 2000

PACER
39

MOTION SUBMITTING second quarterly advance for payment of services of the joint compliance coordinator, check # 422868 in the amt of $76,837.25 receipt #112933 w/attachment by Commonwealth of PR, Pedro J. Rossello-Gonzalez, Carmen Feliciano-Vda.-de-Me, Jose De-Leon (il) (Entered: 11/13/2000)

Nov. 3, 2000

Nov. 3, 2000

PACER
40

MOTION SUBMITTING invoices for services rendered by the joint compliance coordinatorin the amt of $76,837.25 w/attachment by Commonwealth of PR, Pedro J. Rossello-Gonzalez, Carmen Feliciano-Vda.-de-Me, Jose De-Leon (il) (Entered: 11/13/2000)

Nov. 3, 2000

Nov. 3, 2000

PACER
41

ORDER [38-1] informative motion Noted. ( signed by Judge Jay A. Garcia-Gregory ) (il) (Entered: 11/13/2000)

Nov. 8, 2000

Nov. 8, 2000

PACER
42

ORDER granting [39-1] miscellaneous. The Clerk shall deposit the amt of $76,837.25 filed by defts in the Registry of the Court to be used for payment of services provided by John J. McGee, as Joint Compliance Coordinator in this case. ( signed by Judge Jay A. Garcia-Gregory ) (il) (Entered: 11/29/2000)

Nov. 29, 2000

Nov. 29, 2000

PACER
43

ORDER granting [40-1] miscellaneous. The Court will approve the invoices and direct the Clerk of the Court to issue a check in the amt of $31,156.66 from the funds deposited in the Registry of the Court by the Government of Puerto Rico for payment of Dr. McGee and his consultant,Mr. Provencal's invoices. ( signed by Judge Jay A. Garcia-Gregory ) (il) (Entered: 11/29/2000)

Nov. 29, 2000

Nov. 29, 2000

PACER
44

AMENDED ORDER The Clerk of the Court is ordered to issue the following checks from the funds deposited in the Registry of the Court by the Government of Puerto Rico: John J. McGee, Ph.D. $22,830.61, Gerald Provencal $6,346.45 and MORC, Inc. in the amt of $1,979.60, etc., as stated herein. ( signed by Judge Jay A. Garcia-Gregory ) (il) (Entered: 12/12/2000)

Dec. 12, 2000

Dec. 12, 2000

PACER
45

CHECK # 2309984 in the amount of $ 6,346.45 payable to Gerald Provencal issued (il) (Entered: 01/17/2001)

Dec. 13, 2000

Dec. 13, 2000

PACER
46

CHECK # 2309985 in the amount of $ 1,979.60 payable to MORC, Inc. issued (il) (Entered: 01/17/2001)

Dec. 13, 2000

Dec. 13, 2000

PACER
47

CHECK # 2309983 in the amount of $ 23,830.61 payable to John M. McGee issued (il) (Entered: 01/17/2001)

Dec. 13, 2000

Dec. 13, 2000

PACER
48

MOTION SUBMITTING invoices for services rendered by the Joint Compliance Coordinator w/attachment by Commonwealth of PR, Pedro J. Rossello-Gonzalez, Carmen Feliciano-Vda.-de-Me, Jose De-Leon (il) (Entered: 01/30/2001)

Jan. 29, 2001

Jan. 29, 2001

PACER
49

MOTION SUBMITTING supplement reports regarding facilities w/attachment by John J. McGee (il) (Entered: 02/01/2001)

Jan. 31, 2001

Jan. 31, 2001

PACER
50

MOTION by defts to Extend Time until 2/26/01 to complete questionnaire Response due 2/20/01 . (il) (Entered: 02/07/2001)

Feb. 6, 2001

Feb. 6, 2001

PACER
51

ORDER granting [50-1] motion to Extend Time until 2/26/01 to complete questionnaire set Motion Filing deadline to 2/26/01 ( signed by Judge Jay A. Garcia-Gregory ) (ft) (Entered: 02/12/2001)

Feb. 12, 2001

Feb. 12, 2001

PACER
52

ORDER granting [48-1] miscellaneous. The Clerk of the Court is ordered to issue a check in the amt of $25,477.25 payable to John J. McGee, Ph.D., for services rendered from Oct 16th thru Dec. 14,2000, etc., as stated herein. ( signed by Judge Jay A. Garcia-Gregory ) (il) (Entered: 02/15/2001)

Feb. 15, 2001

Feb. 15, 2001

PACER
53

MOTION by Commonwealth of PR, Pedro J. Rossello-Gonzalez, Carmen Feliciano-Vda.-de-Me, Jose De-Leon for Charles S. Fax to Withdraw as Attorney Response due 3/7/01 . (il) (Entered: 02/23/2001)

Feb. 22, 2001

Feb. 22, 2001

PACER
54

MOTION SUBMITTING invoices for services rendered by the Joint Compliance Coordinator during the month of January, 2001 w/attachment by Commonwealth of PR, Pedro J. Rossello-Gonzalez, Carmen Feliciano-Vda.-de-Me, Jose De-Leon (il) (Entered: 02/23/2001)

Feb. 22, 2001

Feb. 22, 2001

PACER
55

Informative Motion by USA re: history of case. (il) (Entered: 02/27/2001)

Feb. 26, 2001

Feb. 26, 2001

PACER
56

MOTION with Memorandum in Support by USA to request the Court adopt remedial order based on Dr. McGee's R&R . Response due 3/12/01 . (il) (Entered: 02/27/2001)

Feb. 26, 2001

Feb. 26, 2001

PACER

Status Conference held before Judge Jay A. Garcia-Gregory (ft)

Feb. 26, 2001

Feb. 26, 2001

PACER

Status Conference held before Judge Jay A. Garcia-Gregory (il)

Feb. 26, 2001

Feb. 26, 2001

PACER
57

Minute entry: S/C held. Pts are granted until 4/6/01 to submit the Community Service Plan. Several S/C are set. The Court will set an ocular inspection at a later time. set Notice of Compliance deadline to 4/6/01, set Status Conference for 4:00 5/11/01 before Judge Jay A. Garcia-Gregory, set Status Conference for 4:00 8/3/01 before Judge Jay A. Garcia-Gregory, set Status Conference for 4:00 10/19/01 before Judge Jay A. Garcia-Gregory, and set Status Conference for 4:00 12/14/01 before Judge Jay A. Garcia-Gregory ( Judge Jay A. Garcia-Gregory ) (il) (Entered: 03/02/2001)

Feb. 26, 2001

Feb. 26, 2001

PACER
58

MOTION SUBMITTING John J. McGee invoices for svcs rendered by w/attachment by the dfts. (ft) (Entered: 03/22/2001)

March 20, 2001

March 20, 2001

PACER
59

NOTICE of Attorney Appearance for Commonwealth of PR, Pedro J. Rossello-Gonzalez, Carmen Feliciano-Vda.-de-Me, Jose De-Leon by Carlos Del-Valle-Cruz (ft) (Entered: 03/29/2001)

March 27, 2001

March 27, 2001

PACER
60

MOTION by Commonwealth of PR, Pedro J. Rossello-Gonzalez, Carmen Feliciano-Vda.-de-Me, Jose De-Leon to Accept Spanish Language Documents (ft) (Entered: 03/29/2001)

March 28, 2001

March 28, 2001

PACER
61

MOTION by Commonwealth of PR, Pedro J. Rossello-Gonzalez, Carmen Feliciano-Vda.-de-Me, Jose De-Leon to Extend Time until 4/13/01 to file dft's Community Based Svc Plan (ft) (Entered: 04/06/2001)

April 5, 2001

April 5, 2001

PACER
62

ORDER granting [53-1] motion for Charles S. Fax to Withdraw as Attorney ( signed by Judge Jay A. Garcia-Gregory ) (ft) (Entered: 04/09/2001)

April 9, 2001

April 9, 2001

PACER
63

ORDER granting [54-1] miscellaneous. The Ct orders the payment of svcs rendered by John McGee during the month of Jan. 2001 in the amount of $20,369.70. ( signed by Judge Jay A. Garcia-Gregory ) (ft) (Entered: 04/09/2001)

April 9, 2001

April 9, 2001

PACER
64

MOTION by Commonwealth of PR, Pedro J. Rossello-Gonzalez, Carmen Feliciano-Vda.-de-Me, Jose De-Leon to Extend Time until 4/19/01 to file proposed community service plan (ct) (Entered: 04/16/2001)

April 11, 2001

April 11, 2001

PACER
65

ORDER [60-1] motion to Accept Spanish Language Documents Noted. Dfts shall file translations of the docs. w/in 60 days. Set Notice of Compliance deadline to 6/18/01 ( signed by Judge Jay A. Garcia-Gregory ) (ct) (Entered: 04/16/2001)

April 16, 2001

April 16, 2001

PACER
66

MOTION by Commonwealth of PR, Pedro J. Rossello-Gonzalez, Carmen Feliciano-Vda.-de-Me, Jose De-Leon to Extend Time until 4/23/01 to file dft's Proposed Community Service Plan (ft) (Entered: 04/20/2001)

April 18, 2001

April 18, 2001

PACER
67

ORDER [59-1] appear/appearance notice Noted. mooting [61-1] motion to Extend Time until 4/13/01 to file dft's Community Based Svc Plan ( signed by Judge Jay A. Garcia-Gregory ) (ft) (Entered: 04/20/2001)

April 20, 2001

April 20, 2001

PACER
68

ORDER granting [64-1] motion to Extend Time until 4/19/01 to file proposed community service plan ( signed by Judge Jay A. Garcia-Gregory ) (ft) (Entered: 04/20/2001)

April 20, 2001

April 20, 2001

PACER
69

MOTION SUBMITTING The community-based svc plan of the mental retardation program w/attachment by Commonwealth of PR, Pedro J. Rossello-Gonzalez, Carmen Feliciano-Vda.-de-Me, Jose (ft) (Entered: 04/24/2001)

April 23, 2001

April 23, 2001

PACER
70

MOTION SUBMITTING amended community based-svc plan of the mental retardation program. w/attachment by Commonwealth of PR, Pedro J. Rossello-Gonzalez, Carmen Feliciano-Vda.-de-Me, Jose De-Leon (ft) (Entered: 04/26/2001)

April 25, 2001

April 25, 2001

PACER

CERTIFICATION of funds deposited on: 7/28/01 and 11/13/00, amt: $73,336.75. Acc #4005646680, plus int and reg fees. (ft)

April 27, 2001

April 27, 2001

PACER
71

MOTION by Commonwealth of PR, Pedro J. Rossello-Gonzalez, Carmen Feliciano-Vda.-de-Me, Jose De-Leon for setting of S/C (ft) (Entered: 05/04/2001)

May 2, 2001

May 2, 2001

PACER
72

ORDER granting [58-1] miscellaneous ( signed by Judge Jay A. Garcia-Gregory ) (ft) (Entered: 05/07/2001)

May 7, 2001

May 7, 2001

PACER
73

ORDER granting [71-1] motion for setting of S/C resetting Status Conference for 3:30 6/14/01 before Judge Jay A. Garcia-Gregory ( signed by Judge Jay A. Garcia-Gregory ) (ft) (Entered: 05/08/2001)

May 8, 2001

May 8, 2001

PACER
74

CHECK # 2522803 in the amount of $ 20,369.70 payable to John McGee issued (ft) (Entered: 05/16/2001)

May 16, 2001

May 16, 2001

PACER
75

Informative Motion by Commonwealth of PR re: appointment of Anabelle Rodriguez as the Governor's Personal Representative . (ft) (Entered: 06/01/2001)

May 30, 2001

May 30, 2001

PACER
76

MOTION by Commonwealth of PR, Pedro J. Rossello-Gonzalez, Carmen Feliciano-Vda.-de-Me, Jose De-Leon to Extend Time 7/24/01 to file cert translations of docs attached to inf mot (ft) (Entered: 06/06/2001)

June 4, 2001

June 4, 2001

PACER
77

ORDER [75-1] informative motion Noted. ( signed by Judge Jay A. Garcia-Gregory ) (ft) (Entered: 06/07/2001)

June 7, 2001

June 7, 2001

PACER

Status Conference held before Judge Jay A. Garcia-Gregory (re)

June 15, 2001

June 15, 2001

PACER
78

Minute entry: Further status conf. held. Defts. are to file the final version of the community plan by 8/3/01 setting Motion Filing deadline to 8/3/01, and by 9/6 01 the report of the institutions, [setting Status Report deadline to 9/6/01, setting further Status Conference for 3:00 9/6/01 before Judge Jay A. Garcia-Gregory ( Judge Jay A. Garcia-Gregory ) (re) (Entered: 06/22/2001)

June 15, 2001

June 15, 2001

PACER
79

ORDER granting [76-1] motion to Extend Time 7/24/01 to file cert translations of docs attached to inf mot setting Notice of Compliance deadline to 7/24/01 ( signed by Judge Jay A. Garcia-Gregory ) (re) (Entered: 06/22/2001)

June 22, 2001

June 22, 2001

PACER
80

MOTION by all dfts requesting clarification of minutes of proceedings dated 6/15/01 (ft) (Entered: 06/29/2001)

June 27, 2001

June 27, 2001

PACER
81

RESPONSE by USA in opposition to [80-1] motion requesting clarification of minutes of proceedings dated 6/15/01 by Jose De-Leon, Carmen Feliciano-Vda.-de-Me, Pedro J. Rossello-Gonzalez, Commonwealth of PR (np) (Entered: 07/05/2001)

July 3, 2001

July 3, 2001

PACER
82

ORDER granting [80-1] motion requesting clarification of minutes of proceedings dated 6/15/01. The minutes will reflect that dfts rep that they intend to commence making community placements by July, 2002. terminating [81-1] opposition response ( signed by Judge Jay A. ) (ft) (Entered: 07/31/2001)

July 31, 2001

July 31, 2001

PACER
83

MOTION by Commonwealth of PR, Pedro J. Rossello-Gonzalez, Carmen Feliciano-Vda.-de-Me, Jose De-Leon to Extend Time until 9/6/01 to file dfts' Community Based Service Plan (ft) (Entered: 08/07/2001)

Aug. 3, 2001

Aug. 3, 2001

PACER
84

ORDER granting [83-1] motion to Extend Time until 9/6/01 to file dfts' Community Based Service Plan. Dft are granted until 9/5/01 to file the Comm. Based Svc Plan. set Notice of Compliance deadline to 9/5/01 ( signed by Judge Jay A. Garcia-Gregory ) (ft) (Entered: 08/14/2001)

Aug. 14, 2001

Aug. 14, 2001

PACER
85

MOTION by Commonwealth of PR, Pedro J. Rossello-Gonzalez, Carmen Feliciano-Vda.-de-Me, Jose De-Leon to Extend Time until 9/12/01 to file the Report of the Institutions (ft) (Entered: 09/07/2001)

Sept. 6, 2001

Sept. 6, 2001

PACER
86

Informative Motion by All Defendants re: filing of the Community Based Service Plan. (ft) (Entered: 09/07/2001)

Sept. 6, 2001

Sept. 6, 2001

PACER
87

MOTION SUBMITTING The Community Based Service Plan of the Mental Retardation Program by Commonwealth of PR (ft) (Entered: 09/07/2001)

Sept. 6, 2001

Sept. 6, 2001

PACER

Status Conference held before Judge Jay A. Garcia-Gregory (su)

Sept. 6, 2001

Sept. 6, 2001

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

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Findings Letter/Report

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/Misc.:

Food service / nutrition / hydration

Individualized planning

Neglect by staff

Totality of conditions

Disability and Disability Rights:

Developmental disability without intellectual disability

Integrated setting

Intellectual/developmental disability, unspecified

Jails, Prisons, Detention Centers, and Other Institutions:

Habilitation (training/treatment)

Medical/Mental Health Care:

Medical care, general

Medication, administration of

Mental health care, general