Case: People First of Tenn. v. Arlington Developmental Center

2:92-cv-02213 | U.S. District Court for the Western District of Tennessee

Filed Date: March 9, 1992

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On December 12, 1991, People First of Tennessee filed a lawsuit in the United States District Court for the Middle District of Tennessee on behalf of its members who were residents of Arlington Developmental Center (ADC) against the center and state agencies. The plaintiffs were represented by the Public Interest Law Center of Philadelphia and private attorneys. On March 5, 1992, this case was transferred to the United States District Court for the Western District of Tennessee on defendants'…

On December 12, 1991, People First of Tennessee filed a lawsuit in the United States District Court for the Middle District of Tennessee on behalf of its members who were residents of Arlington Developmental Center (ADC) against the center and state agencies. The plaintiffs were represented by the Public Interest Law Center of Philadelphia and private attorneys. On March 5, 1992, this case was transferred to the United States District Court for the Western District of Tennessee on defendants' motion. The case was assigned the caption People First of Tennessee v. Arlington Developmental Ctr., No. 92-2213 (W.D.Tenn.1992)(''People First case''). The Parent Guardian Association Intervened on behalf of the defendants.

The defendants filed a motion to dismiss, which the district court (Judge Jon McCalla) granted on December 22, 1992 with respect to claims brought under the Social Security Act, the Rehabilitation Act, the Americans with Disabilities Act and Equal Protection Clause, and the First Amendment. People First of Tenn. v. Arlington Developmental, 878 F.Supp. 97 (W.D. Tenn. 1992). Causes of action remained under the Due Process Clause and the First Amendment.

Meanwhile, in January, 1992, the United States Department of Justice filed a similar action against the State of Tennessee pursuant to Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et al, alleging that the state had failed to provide humane conditions and adequate treatment at Arlington Developmental Center. United States v. Tennessee, Civ. No. 92-2062. (W.D.Tenn.1992)(''the United States case") (See ID-TN-0003 of this collection).

The United States case (ID-TN-3) proceeded to trial and resulted in the court entering judgment against the defendants, finding that the conditions at ADC violated the due process rights of the residents.

On April 29, 1994, a hearing was held on the People First plaintiffs' motion for summary judgment and on September 30, 1994, the court (Judge McCalla) entered an order denying the motion and staying the proceedings. On September 26, 1995, the court adopted the findings from the United States case as findings in the People First case and certified a class that included all past, present, and future residents of ADC. The Plaintiffs and the Intervenor in the People First case were also named as Intervenors in the United States case.

A settlement in both the United States case and the People First case was reached on June 26, 1996. Judge McCalla entered an Order Approving Settlement of Class Action on January 6, 1997. The Settlement Agreement acknowledged that there were violations of plaintiffs' First Amendments rights because they were prevented from associating and communicating with persons of their choice. Defendants agreed to take steps to protect these rights.

The intervenors appealed, asking the Sixth Circuit to overturn the certification of the class, the approval of the settlement, and three related rulings. We find no basis for doing so. The Sixth Circuit affirmed. People First of Tennessee v. Arlington Developmental Center, 145 F.3d 1332 (Table), 1998 WL 246146, 1998 U.S. App. LEXIS 19530 ( 6th Cir. 1998) People First v. Arlington Developmental Ctr., 145 F.3d 13326th Cir. Tenn. 1998). The Supreme Court denied certiorari. Parent-Guardian Ass'n of Arlington Dev. Ctr. v. People First, 525 U.S. 1001, 119 S. Ct. 510, 142 L. Ed. 2d 423 (1998).

The PACER docket entries for the People First case continue through July of 1999 when attorneys' fees were awarded to the plaintiffs. No further case activity is noted.

See ID-TN-0003, the United States case, for additional information on post settlement case activity that occurred in that case.

Summary Authors

Angela Heverling (4/1/2007)

Related Cases

U.S. v. Tennessee, Western District of Tennessee (1992)

People First of Tenn. v. Clover Bottom Devel. Center, Middle District of Tennessee (1995)

U.S. v. Tennessee, Middle District of Tennessee (1996)

People


Judge(s)

Batchelder, Alice Moore (Ohio)

Krupansky, Robert B. (Ohio)

McCalla, Jon Phipps (Tennessee)

Nelson, David Aldrich (Ohio)

Attorneys(s) for Plaintiff

Burson, Charles W. (Tennessee)

Connette, Edward G. III (North Carolina)

Derryberry, Jack W. (Tennessee)

Gran, Judith A. (Pennsylvania)

Laski, Frank J. (Pennsylvania)

Maloy, Kathleen A. (Tennessee)

Judge(s)

Batchelder, Alice Moore (Ohio)

Krupansky, Robert B. (Ohio)

McCalla, Jon Phipps (Tennessee)

Nelson, David Aldrich (Ohio)

Attorneys(s) for Plaintiff

Burson, Charles W. (Tennessee)

Connette, Edward G. III (North Carolina)

Derryberry, Jack W. (Tennessee)

Gran, Judith A. (Pennsylvania)

Laski, Frank J. (Pennsylvania)

Maloy, Kathleen A. (Tennessee)

Schwarz, Earle J. (Tennessee)

Attorneys(s) for Defendant

Dycus, Dianne Stanley (Tennessee)

Frohboese, Robinsue (District of Columbia)

Hughes, Verlin (District of Columbia)

Maddox, William G. (District of Columbia)

Oxford, Judy A. (Tennessee)

Patrick, Deval L. (District of Columbia)

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

Ross, Linda A. (Tennessee)

Selby, Sharon S. (Tennessee)

Other Attorney(s)

Buchanan, Gary (Tennessee)

Galanter, Seth Michael (District of Columbia)

Sherman, William F. (Arkansas)

Documents in the Clearinghouse

Document

Docket (PACER)

July 21, 1999 Docket
97

Order on Motion to Dismiss

878 F.Supp. 97

Dec. 22, 1992 Order/Opinion

Lawsuit Fact Sheet

No Court

June 23, 1994 Other
305

Order Granting Class Certification

Sept. 26, 1995 Order/Opinion

Emailed Press Release

No Court

June 25, 1996 Press Release
405

Judgment in a Civil Case

Jan. 7, 1997 Order/Opinion

Consent Decree Introduction

USA v. State of Tennessee

March 15, 1998 Settlement Agreement

Opinion

People First of Tennessee v. Arlington Developmental Center

U. S. Court of Appeals for the Sixth Circuit

145 F.3d 1332, 1998 WL 246146, 1998 U.S.App.LEXIS 9537

May 7, 1998 Order/Opinion

[Untitled]

Parent-Guardian Association of Arlington Developmental Center v. People First of Tennessee

Supreme Court of the United States

525 U.S. 1001, 119 S.Ct. 510, 142 L.Ed.2d 423

Nov. 16, 1998 Order/Opinion

Resources

Title Description External URL

Deinstitutionalization Nationwide

The Public Interest Law Center

In 1990, the U.S. Department of Justice (DOJ) began an investigation of the Arlington Developmental Center, a state-run institution for people with developmental disabilities in Tennessee. DOJ found … July 23, 2007 https://www.pubintlaw.org/cases-and-projects/deinstitutionalization-nationwide-tennessee/

The Role of Informed Choice in Advancing Competitive Integrative Employment

Ruby Moore & Mark Friedman

Recent laws, regulations, court cases and policies have included the requirement that people with disabilities be provided the opportunity to exercise informed choice in decision-making to promote in… Feb. 16, 2017

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
35

ORIGINAL file, certified copy of transfer order and docket sheet received from Middle District of TN (Former Emp) Modified on 11/24/1992 (Entered: 11/24/1992)

March 9, 1992
36

DEFENDANTS' REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS by defendant Arlington Dev Ctr, defendant Ned McWherter, defendant Mona Reeves-Winfrey, defendant Mental Health, TN, defendant Evelyn C. Robertson Jr., defendant Marjorie Nelle Cardwell, defendant Health, TN, Dept. of, defendant Russell White, defendant Mannie Martin, defendant Human Services, TN, defendant Robert - Grunow, defendant Betty Gayle, defendant Patsy Matthews (Former Emp) (Entered: 01/12/1993)

March 11, 1992
37

MOTION by intervenor Parent-Guardian for attorney William F. Sherman to appear pro hac vice (Former Emp) (Entered: 01/12/1993)

March 24, 1992
38

MOTION by intervenor Parent-Guardian to intervene (Former Emp) (Entered: 01/12/1993)

March 24, 1992
38

OBJECTION TO CLASS CERTIFICATION by intervenor Parent- Guardian (Former Emp) (Entered: 01/12/1993)

March 24, 1992
39

MEMORANDUM by intervenor Parent-Guardian in support of motion to intervene [38-1] (Former Emp) (Entered: 01/12/1993)

March 24, 1992
40

SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT by defendants re reply [36-1] of Dfts Motion to Dismiss (Former Emp) (Entered: 01/12/1993)

April 1, 1992
41

RESPONSE by defendants to motion to intervene [38-1] and Objection to Class Certification (Former Emp) Modified on 01/12/1993 (Entered: 01/12/1993)

April 3, 1992
42

MOTION by plaintiffs to extend time until 4/16/92 to respond to Motion to Intervene and Objection to Class Certification (Former Emp) (Entered: 01/12/1993)

April 9, 1992
43

ORDER by Judge Jon P. McCalla granting motion to extend time until 4/16/92 to respond to Motion to Intervene and Objection to Class Certification [42-1] (cc: all counsel) (Former Emp) (Entered: 01/12/1993)

April 13, 1992
44

ORDER by Judge Jon P. McCalla granting motion to extend time until 4/16/92 to respond to Motion to Intervene and Objection to Class Certification [42-1] (cc: all counsel) (Former Emp) (Entered: 01/12/1993)

April 17, 1992
45

RESPONSE by plaintiffs to motion to intervene [38-1] (Former Emp) (Entered: 01/12/1993)

April 20, 1992
46

MEMORANDUM by plaintiffs in opposition to motion to intervene [38- 1] (Former Emp) (Entered: 01/12/1993)

April 20, 1992
47

MOTION by intervenor Parent-Guardian for leave to file reply to plas' response to motion to intervene (Former Emp) (Entered: 01/12/1993)

April 27, 1992
48

ORDER by Judge Jon P. McCalla granting motion for leave to file reply to plas' response to motion to intervene [47-1] extending time until 5/15/92 for Parent-Guardian Assoc to file reply to plas' response to motion to intervene (cc: all counsel) (Former Emp) (Entered: 01/12/1993)

April 28, 1992
49

AMENDMENT by intervenor Parent-Guardian to Motion to Intervene [38-1] (Former Emp) (Entered: 01/12/1993)

April 30, 1992
49

AMENDMENT by intervenor Parent-Guardian to Objection to Class Certification [38-1] (Former Emp) (Entered: 01/12/1993)

April 30, 1992
50

REPLY by intervenor Parent-Guardian re Plas' Memorandum in Opposition to Motion to Intervene [46-1] (Former Emp) (Entered: 01/12/1993)

May 14, 1992
51

SECOND SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS MOTION TO DISMISS by defendants (Former Emp) (Entered: 01/12/1993)

May 28, 1992
52

SUPPLEMENTAL MEMORANDUM by defendants in support of Motion to Dismiss (Former Emp) (Entered: 01/12/1993)

June 15, 1992
53

NOTICE of Change by intervenor Parent-Guardian Assoc's counsel, William F. Sherman that law firm JACOWAY, SHERMAN & PENCE has been dissolved; William F. Sherman, as individual counsel, will represent Parent-Guardian Assoc. (Former Emp) (Entered: 01/12/1993)

June 16, 1992
54

SETTING LETTER ; Status conference set for 9/3/92 at 1:00 p.m. (Former Emp) (Entered: 01/12/1993)

July 21, 1992
55

ATTORNEY APPEARANCE for plaintiffs by Earle J. Schwarz of WARING COX (Former Emp) (Entered: 01/12/1993)

Aug. 3, 1992
57

MOTION by plaintiffs to compel production of documents (Former Emp) (Entered: 01/12/1993)

Aug. 3, 1992
58

MEMORANDUM by plaintiff in support of motion to compel production of documents [57-1] (Former Emp) (Entered: 01/12/1993)

Aug. 3, 1992
59

LETTER from Cecil H. Ross stating that he is not an attorney involved in this case (Former Emp) (Entered: 01/12/1993)

Aug. 13, 1992
60

LETTER from Robert E. Johnson stating that he is not an attorney involved in this case (Former Emp) (Entered: 01/12/1993)

Aug. 14, 1992
61

ORDER by Judge Jon P. McCalla referring to Mag Judge Aaron C. Brown Jr. the motion to compel production of documents [57-1] (cc: all counsel) (Former Emp) (Entered: 01/12/1993)

Aug. 14, 1992
62

SETTING LETTER ; Status conference reset for 9/3/93 at 11:00 a.m. (Former Emp) (Entered: 01/12/1993)

Aug. 17, 1992
63

NOTICE OF Filing Documents under seal by defendants (Former Emp) (Entered: 01/12/1993)

Aug. 19, 1992
64

AFFIDAVIT filed under Seal (Former Emp) (Entered: 01/26/1993)

Aug. 19, 1992
65

RESPONSE filed under Seal (Former Emp) (Entered: 01/26/1993)

Aug. 19, 1992
66

CERTIFICATE Of Counsel by plaintiffs (Former Emp) (Entered: 01/26/1993)

Aug. 19, 1992
67

SUPPLEMENTAL MOTION by defendants for protective order (Attachments included.) (Former Emp) (Entered: 01/26/1993)

Aug. 20, 1992
68

MEMORANDUM by defendants in support of supplemental motion for protective order [67-1] (Former Emp) (Entered: 01/26/1993)

Aug. 20, 1992
69

THIRD SUPPLEMENTAL MEMORANDUM by defendants in support of dfts motion to dismiss ( See Records from district case transferred from for dfts' motion to dismiss.) (Former Emp) (Entered: 01/26/1993)

Aug. 20, 1992
70

RESPONSE by defendants in opposition to plas' motion for class action (Former Emp) (Entered: 01/26/1993)

Aug. 28, 1992
71

MOTION by intervenor Parent-Guardian to quash notice of deposition (Former Emp) (Entered: 01/26/1993)

Aug. 31, 1992
72

RESPONSE by plaintiffs to motion to quash notice of deposition [71-1] (Former Emp) (Entered: 01/26/1993)

Sept. 3, 1992
73

RESPONSE by plaintiffs to motion for protective order [67-1] (Former Emp) (Entered: 01/26/1993)

Sept. 3, 1992
74

MINUTES: Status conference held 9/3/92 ; Hearing on motion to dismiss and other pending motions set for 9/30/92 at 10:00 a.m.; Parties trying to work out a protective order. Case may be consolidated w/92-2062 USA v. State of TN (Former Emp) (Entered: 01/26/1993)

Sept. 3, 1992
75

SETTING LETTER ; In-court hearing set for 9/30/92 at 10:00 a.m. (Former Emp) (Entered: 01/26/1993)

Sept. 8, 1992

MAIL Returned [75-1] addressed to Judith Gran: Wrong address on mail; Address has been corrected. (Former Emp) (Entered: 01/26/1993)

Sept. 28, 1992
76

MINUTES: Order filed in Open Court to admit pro hac vice, Judith Gran, Jack W. Derryberry, Jr. Edward G. Connette and Frank J. Laski; Also filed in Open Court, Supplement to plas's response to dfts' motion to dismiss w/exhibits attached; Motion to dismiss taken under advisement; Plas to file motion to amend complaint; Status conference set for 11/18/92 at 12:30 p.m. ; In-court hearing on motion to dismiss held 9/30/92 (Former Emp) (Entered: 01/26/1993)

Sept. 30, 1992
77

SUPPLEMENT by plaintiffs to response to dfts' motion to dismiss (Former Emp) (Entered: 01/26/1993)

Sept. 30, 1992
78

ORDER by Judge Jon P. McCalla for attorney Judith A. Gran, Jack W. Derryberry, Jr. Edward G. Connette and Frank J. Laski to appear pro hac vice(cc: all counsel) (Former Emp) (Entered: 01/26/1993)

Sept. 30, 1992
79

ORDER SETTING STATUS CONFERENCE by Judge Jon P. McCalla ; Status conference set for 11/18/92 at 12:30 p.m. (cc: all counsel) (Former Emp) (Entered: 01/26/1993)

Oct. 5, 1992
80

SETTING LETTER ; Status conference set for 11/18/92 at 12:30 p.m. (Former Emp) (Entered: 01/26/1993)

Oct. 8, 1992
81

SECOND MOTION by plaintiffs to amend complaint (Former Emp) (Entered: 01/26/1993)

Oct. 19, 1992
82

MEMORANDUM by plaintiffs in support of motion to amend complaint [81-1] (Former Emp) (Entered: 01/26/1993)

Oct. 19, 1992
83

ATTORNEY APPEARANCE for defendant Arlington Dev Ctr by (Docket Clerk could not read atty's signature. Also, atty's name was not printed on pleading.) (Former Emp) (Entered: 01/26/1993)

Oct. 27, 1992
84

MOTION by plaintiffs for preliminary injunction (Former Emp) (Entered: 01/26/1993)

Oct. 29, 1992
85

MEMORANDUM/Brief by plaintiffs in support of motion for preliminary injunction [84-1] (Former Emp) (Entered: 01/26/1993)

Oct. 29, 1992
86

EXHIBITS to plas' motion for temporary restraining order and preliminary injunction (Former Emp) (Entered: 01/26/1993)

Oct. 29, 1992
87

MOTION by defendants to extend time to respond to plas' motion for preliminary injunction (Former Emp) (Entered: 01/26/1993)

Nov. 5, 1992
88

ORDER RESETTING RULE 16 (b) SCHEDULING CONFERENCE by Judge Jon P. McCalla ; Status conference reset for 12/2/92 at 12:30 p.m (cc: all counsel) (Former Emp) (Entered: 01/26/1993)

Nov. 13, 1992
89

SETTING LETTER ; Status conference set for 12/2/92 at 12:30 p.m. (Former Emp) (Entered: 01/26/1993)

Nov. 13, 1992
90

MEMORANDUM AND ORDER: by Mag Judge Aaron C. Brown Jr. denying motion to compel production of documents [57-1] w/o prejudice (cc: all counsel) (Former Emp) (Entered: 01/26/1993)

Nov. 24, 1992
91

Defendants' Proposed Litigation Plan (Former Emp) (Entered: 01/26/1993)

Dec. 2, 1992
92

ORDER by Judge Jon P. McCalla granting motion to amend complaint [81-1] and adding Stevelyn Danieal Tucker as pla (cc: all counsel) (Former Emp) (Entered: 01/26/1993)

Dec. 10, 1992
93

RULE 16 (b) SCHEDULING ORDER by Judge Jon P. McCalla State of TN to make all discovery documents and responses available to plaintiffs and intervenor w/in 5 days of having made documents available to Dept of Justice in accordance w/discovery order in USA v. State of TN 92- 2062; Plas and intervenor to be allowed to attend any depos taken in USA v. State of TN (Amended Discovery Order for 92-2062 attached.) In-court hearing set for 1/25/93 at 1:00 p.m. (cc: all counsel) (Former Emp) (Entered: 01/26/1993)

Dec. 11, 1992
94

MOTION by defendants to extend time to respond to plas motion for a preliminary injunction (Former Emp) (Entered: 01/26/1993)

Dec. 14, 1992
95

SETTING LETTER ; In-court hearing set for 1/25/93 at 1:00 p.m. (Former Emp) (Entered: 01/26/1993)

Dec. 15, 1992
96

ORDER by Judge Jon P. McCalla granting motion to extend time to respond to plas motion for a preliminary injunction [94-1] extending time to respond to plas motion for a preliminary injunction until 1/8/93 (cc: all counsel) (Former Emp) (Entered: 01/26/1993)

Dec. 17, 1992
97

ORDER ON MOTION TO DISMISS by Judge Jon P. McCalla for motion to dismiss to be granted in part and denied in part: Claims under Title XIX of the Social Security Act, Sections 100 and 504 of the Rehabilitation Act of 1973, Title II of the American With Disabilities Act of 1990, the First Amendment as set out in Count IV(b), (d), & (e), and the Equal Protection Clause are DISMISSED; Claims remaining are those under the First Amendment as set out in Count IV(a) and (c) and the Due Process Clause. (cc: all counsel) (Former Emp) (Entered: 01/26/1993)

Dec. 22, 1992
98

ORDER DIRECTING PLAINTIFFS AND INTERVENOR TO EXECUTE PROTECTIVE ORDER by Judge Jon P. McCalla: Any entity or individuals reviewing discovery materials on behalf of plas and intervenor in Case no. 92-2213 shall first execute, as required in pto in 92-2062, necessary affidavits and protective orders required by a party in Case no. 92-2062, in order to participate in discovery. Application of US for relief from orders previously entered, allowing presence and receipt of discovery materials by plas and intervenor in Case no. 92-2213, is denied. (cc: all counsel) (Former Emp) (Entered: 01/26/1993)

Dec. 28, 1992
99

RESPONSE by defendants to motion for preliminary injunction [84-1] (Former Emp) (Entered: 01/26/1993)

Jan. 8, 1993
100

EXHIBITS to Defendants Response in Opposition to Plaintiffs' Motion for Preliminary Injunction (Former Emp) (Entered: 01/26/1993)

Jan. 8, 1993
101

MOTION by defendant to extend time to answer until 3-5-93 (Former Emp) Modified on 01/26/1993 (Entered: 01/21/1993)

Jan. 20, 1993
102

MOTION by defendant to exclude/disallow oral testimony (Former Emp) Modified on 01/26/1993 (Entered: 01/21/1993)

Jan. 20, 1993
103

RESPONSE by plaintiffs to motion to exclude/disallow oral testimony [65-1] (Former Emp) Modified on 01/26/1993 (Entered: 01/21/1993)

Jan. 20, 1993
104

MOTION by defendants to quash the 1-19-93 subpoena commanding appearance by Records Custodian at hearing (Former Emp) Modified on 01/26/1993 (Entered: 01/21/1993)

Jan. 21, 1993
105

MEMORANDUM in support of motion to quash the 1-19-93 subpoena commanding appearance by Records Custodian at hearing [67-1] (Former Emp) Modified on 01/26/1993 (Entered: 01/21/1993)

Jan. 21, 1993
106

ORDER by Judge Jon P. McCalla granting motion to extend time to answer until 3-5-93 [64-1] (cc: all counsel) (Former Emp) Modified on 01/26/1993 (Entered: 01/21/1993)

Jan. 21, 1993
107

ORDER by Judge Jon P. McCalla denying motion to exclude/disallow oral testimony [65-1] (cc: all counsel) (EHG) Modified on 01/26/1993 (Entered: 01/22/1993)

Jan. 21, 1993
108

MOTION by defendants (for leave to) to submit late-filed affidavit (EHG) Modified on 01/26/1993 (Entered: 01/22/1993)

Jan. 21, 1993
109

ORDER GRANTING DEFENDANTS' MOTION TO QUASH IN PART AND DENYING IN PART by Judge Jon P. McCalla re [104-1] motion to quash subpoenaed records of Phillip Renshaw and James Finley-- granted; motion to quash subpoenaed minutes of Mortality Review Committee held since 6-1-91--granted; motion to quash subpoena served on custodian of records--denied; and motion to quash production of charts of Carl Beard and Stevelyn Tucker--denied (cc: all counsel) (Former Emp) (Entered: 01/26/1993)

Jan. 22, 1993
110

MINUTES: Witnesses sworn: Lee Ellen Phillips; Proof on physical therapy issue concluded; Court will allow everyone to complete submittals by tomorrow except intervenor, who has 15 days from tomorrow to file submittals along w/his argument in writing; To correct status on all matters, new set of orders will be entered as intervenor did not receive copies; Mr. Connette and Ms. Oxford highlighted arguments as to the 1st Amendment and Ms. Gran and Ms. Ross as to physical therapy issue; Order on intervention will be entered tomorrow. Hearing on motion for preliminary injunction held 1/25/93 (Former Emp) (Entered: 01/26/1993)

Jan. 25, 1993
114

AFFIDAVIT of Mary M. Horton (Former Emp) (Entered: 01/26/1993)

Jan. 25, 1993
111

ORDER ON MOTION TO DISMISS by Judge Jon P. McCalla for motion to dismiss to be granted in part and denied in part: Claims under Title XIX of Social Security Act, Sections 100 and 504 of the Rehabilitation Act of 1973, Title II of the American With Disabilities Act of 1990, the Equal Protection Clause, and the First Amendment as set out in Count IV(b), (d), & (e) are DISMISSED. Claims remaining are those under the First Amendment as set out in Count IV(a) and (c) and the Due Process Clause. (cc: all counsel) (Former Emp) (Entered: 01/26/1993)

Jan. 26, 1993
112

ORDER WITHDRAWING ORDER DOCKETED DECEMBER 23,1992, AND FILING ORDER DOCKETED JANUARY 26, 1993 by Judge Jon P. McCalla withdrawing order [97-2], (cc: all counsel) (Former Emp) (Entered: 01/26/1993)

Jan. 26, 1993
113

ORDER by Judge Jon P. McCalla granting motion to intervene [38-1] (cc: all counsel) (Former Emp) (Entered: 01/26/1993)

Jan. 26, 1993
115

AFFIDAVIT of Ronald C. Bingham, M.D. re [84-1] (Former Emp) (Entered: 01/27/1993)

Jan. 26, 1993
116

ORDER by Judge Jon P. McCalla granting motion (for leave to) to submit late-filed affidavit [108-1] (cc: all counsel) (Former Emp) (Entered: 02/02/1993)

Feb. 1, 1993
117

RESPONSE (Answer in Intervention) by intervenor Parent-Guardian (Former Emp) (Entered: 02/08/1993)

Feb. 5, 1993
118

SUPPLEMENT by defendants re motion response [99-1] (Former Emp) (Entered: 02/09/1993)

Feb. 8, 1993
119

NOTICE of Filing Documents by defendants (Former Emp) (Entered: 02/09/1993)

Feb. 8, 1993
120

AFFIDAVIT of Ruth Mulvany w/photos attached (Former Emp) (Entered: 02/16/1993)

Feb. 8, 1993
121

AFFIDAVIT of Christine Jenkins (Former Emp) (Entered: 02/16/1993)

Feb. 8, 1993
122

RESPONSE by intervenor Parent-Guardian to motion for preliminary injunction [84-1] (Former Emp) (Entered: 02/16/1993)

Feb. 9, 1993
123

MEMORANDUM by intervenor Parent-Guardian in support of motion response [122-1] (Former Emp) (Entered: 02/16/1993)

Feb. 9, 1993
124

EXHIBITS to Intervenor's response to plaintiffs' motion for preliminary injunction (Former Emp) (Entered: 02/16/1993)

Feb. 9, 1993
125

NOTICE by defendants of filing documents (Supplemental afdt of Barbara Connolly) (Former Emp) (Entered: 02/16/1993)

Feb. 10, 1993
127

ORDER CLARIFYING CIRCUMSTANCES UNDER WHICH SECOND AMENDED COMPLAINT SHALL BE FILED by Judge Jon P. McCalla: for pla to file Second Amended Complaint w/in 5 days of entry of this Order; for the Order on Motion to Dismiss entered 1/26/93 to apply to the Second Amended Complaint; and for the dfts to not file an answer to the First Amended Complaint, but to file an answer to the Second Amended Complaint by 3/5/93 (cc: all counsel) (Former Emp) (Entered: 02/16/1993)

Feb. 16, 1993
128

SETTING LETTER ; In-court hearing set for 3/22/93 at 3:00 p.m. (Former Emp) (Entered: 02/22/1993)

Feb. 18, 1993
129

AMENDED COMPLAINT [35-1] by plaintiffs; adding Stevelyn Danieal Tucker (Former Emp) (Entered: 02/22/1993)

Feb. 19, 1993
130

NOTICE OF FILING OF Deposition by plaintiffs (Former Emp) (Entered: 02/24/1993)

Feb. 22, 1993
131

DEPOSITION of Lee E. Phillips taken on the following date(s): 2/9/93 (Former Emp) (Entered: 02/24/1993)

Feb. 22, 1993
132

MOTION by intervenor Parent-Guardian to continue hearing set for 3/22/93 (Former Emp) (Entered: 02/24/1993)

Feb. 24, 1993
133

MOTION by intervenor Parent-Guardian to reduce time to answer interrogatories (Former Emp) (Entered: 02/24/1993)

Feb. 24, 1993

State / Territory: Tennessee

Case Type(s):

Intellectual Disability (Facility)

Key Dates

Filing Date: March 9, 1992

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Residents of the Arlington Developmental Center

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Arlington Developmental Center (Arlington), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

Social Security (Title XX), 42 U.S.C. §§ 1397 et seq.

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1997 - None

Issues

General:

Totality of conditions

Visiting

Mental Disability:

Intellectual/developmental disability, unspecified

Type of Facility:

Government-run