Case: Iasimone v. Garrahy

1:77-cv-00727 | U.S. District Court for the District of Rhode Island

Filed Date: Dec. 9, 1977

Closed Date: 1994

Clearinghouse coding complete

Case Summary

On December 9, 1977, a group of residents at the Dr. Joseph H. Ladd School, a state facility for intellectually disabled and other handicapped individuals, filed this class action lawsuit in the U.S. District Court for the District of Rhode Island. Represented by private counsel, the plaintiffs brought this action against the Rhode Island Department of Mental Health, Retardation and Hospitals (now the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals) and the Ladd Sc…

On December 9, 1977, a group of residents at the Dr. Joseph H. Ladd School, a state facility for intellectually disabled and other handicapped individuals, filed this class action lawsuit in the U.S. District Court for the District of Rhode Island. Represented by private counsel, the plaintiffs brought this action against the Rhode Island Department of Mental Health, Retardation and Hospitals (now the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals) and the Ladd School under 42 U.S.C. § 1983, the Declaratory Judgment Act, 28 U.S.C. § 2201, and Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. The plaintiffs claimed that the Ladd School, which was home to approximately 750 residents, failed to provide suitable living conditions to its residents in violation of the Due Process clause of the Fourteenth Amendment.

Specifically, the plaintiffs alleged that the Ladd School failed to provide residents with an individualized living program, provide safe and humane facilities, maintain adequate staffing, develop new facilities for transfer of residents into the community, and provide necessary medical and dental care. The plaintiffs claimed that as a result, the vast majority of residents had actually regressed and deteriorated since being admitted to the Ladd School. The plaintiffs also alleged that as a result of the Ladd School's actions, they had been denied benefits under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., which requires that funds appropriated pursuant to the Act be spent to provide care and treatment in non-institutional facilities when possible. The plaintiffs requested injunctive and declaratory relief from the defendants' constitutional violations.

On April 6, 1979, the parties reached agreement on an interim consent decree, which required the defendants to develop a comprehensive plan on service for all intellectually disabled citizens of Rhode Island, with special emphasis on residents of the Ladd School. The plan would include development of a policy for providing suitable facilities, rehabilitation services, and dental and medical care for these disabled individuals. The comprehensive plan was submitted to the plaintiffs on July 5, 1979.

After additional discovery and discussion, the parties reached a final stipulation, which U.S. District Judge Francis Boyle ordered effective on April 29, 1982. The Department of Mental Health, Retardation and Hospitals agreed to provide services for the development, education, rehabilitation, and care of the intellectually disabled members of the plaintiff class. In addition, the Department would provide annual individualized assessments in accordance with Title XIX regarding whether individual residents could be placed in the community to reduce the resident population at the Ladd School. The stipulation also required a court order for placement in the Ladd School and that the Ladd School would serve only as a last resort for disabled individuals. The Ladd School agreed to maintain their facilities in a manner eligible for certification as an Intermediate Care Facility for the Mentally Retarded under Title XIX. The stipulation allowed for a monitor to ensure the defendants' compliance with the stipulation. The defendants also agreed to pay the plaintiffs $48,000 for attorneys' fees and costs.

On December 15, 1985, after receiving a report from the Ladd Center Monitoring Committee, Judge Boyle ordered that the defendants reduce the resident population at the Ladd School to not more than 240 residents by January 1987. The defendants also agreed to pay the plaintiffs an additional $6,721 in attorneys' fees and costs.

In 1986, Rhode Island Governor Edward DiPrete announced the closing of the Ladd School. On November 17, 1987, the defendants moved to vacate the previous stipulation and to dismiss this action. In 1994, the Ladd School was finally closed.

Summary Authors

Margo Schlanger (9/14/2006)

John He (11/19/2015)

People


Judge(s)

Boyle, Francis Joseph (Rhode Island)

Attorneys(s) for Plaintiff

Carlin, Susan (Rhode Island)

Clifton, William (Rhode Island)

Hastings, Edwin (Rhode Island)

Jameson, Paul (Massachusetts)

Lundwall, A. Arnold (Massachusetts)

Mandell, Mark (Rhode Island)

McConnell, John James Jr. (Rhode Island)

Attorneys(s) for Defendant

Clarke, Deborah P. (Rhode Island)

Lichatin, Stephen (Rhode Island)

Judge(s)

Boyle, Francis Joseph (Rhode Island)

Attorneys(s) for Plaintiff

Carlin, Susan (Rhode Island)

Clifton, William (Rhode Island)

Hastings, Edwin (Rhode Island)

Jameson, Paul (Massachusetts)

Lundwall, A. Arnold (Massachusetts)

Mandell, Mark (Rhode Island)

McConnell, John James Jr. (Rhode Island)

Attorneys(s) for Defendant

Clarke, Deborah P. (Rhode Island)

Lichatin, Stephen (Rhode Island)

Sherman, Deming E. (Rhode Island)

Documents in the Clearinghouse

Document

1:77-cv-00727

Docket

Feb. 2, 1993

Feb. 2, 1993

Docket
1

1:77-cv-00727

Complaint

Dec. 9, 1977

Dec. 9, 1977

Complaint

1:77-cv-00727

Interim Consent Decree

April 6, 1979

April 6, 1979

Order/Opinion

1:77-cv-00727

Order and Stipulation

April 30, 1982

April 30, 1982

Order/Opinion

Ladd Center Monitoring Committee - Meeting of Advocate Parties and State Parties

Iasimone v. Garray

No Court

June 21, 1985

June 21, 1985

Correspondence

1:77-cv-00727

Order

Iasimone v. Diprete

Dec. 1, 1985

Dec. 1, 1985

Order/Opinion

Resources

Docket

Last updated July 22, 2022, 3:12 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Rhode Island

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 9, 1977

Closing Date: 1994

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Residents of the Dr. Joseph H. Ladd School, a facility for intellectually disabled and other disabled individuals

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Rhode Island Department of Mental Health, Retardation and Hospitals (Providence, Providence), State

Dr. Joseph H. Ladd School (Exeter, Washington), State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $54,721

Order Duration: 1982 - 1994

Content of Injunction:

Reporting

Recordkeeping

Monitoring

Reasonable Accommodation

Monitor/Master

Goals (e.g., for hiring, admissions)

Auditing

Issues

General:

Bathing and hygiene

Classification / placement

Commitment procedure

Conditions of confinement

Deinstitutionalization/decarceration

Discharge & termination plans

Habilitation (training/treatment)

Individualized planning

Juveniles

Neglect by staff

Placement in detention facilities

Placement in mental health facilities

Reassessment and care planning

Record-keeping

Rehabilitation

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Integrated setting

Least restrictive environment

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Dental care

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis

Medical care, general

Mental health care, general

Type of Facility:

Government-run

Benefit Source:

Medicaid