Case: People First of Tenn. v. Clover Bottom Devel. Center

3:95-cv-01227 | U.S. District Court for the Middle District of Tennessee

Filed Date: Dec. 22, 1995

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On December 22, 1995, People First of Tennessee filed a lawsuit in the United States District Court for the Middle District of Tennessee against the State of Tennessee on behalf of residents of the Clover Bottom Developmental Center, Greene Valley Developmental Center, and Winston Developmental Center. The plaintiff sued the Clover Bottom Development Center and the Tennessee Department of Health under the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act …

On December 22, 1995, People First of Tennessee filed a lawsuit in the United States District Court for the Middle District of Tennessee against the State of Tennessee on behalf of residents of the Clover Bottom Developmental Center, Greene Valley Developmental Center, and Winston Developmental Center. The plaintiff sued the Clover Bottom Development Center and the Tennessee Department of Health under the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). The complaint alleged that a Department of Justice CRIPA investigation of the facilities in 1994 found a pattern of injury, abuse, and neglect, deficient medical care, a lack of activities, and a failure to provide educations to school-age children as required by the Individuals with Disabilities Education Act. It also alleged the use of unnecessary restraints, inadequate discharge planning, and failure to provide habilitation and training. The People First of Tennessee, represented by the Public Interest Law Center of Philadelphia and private counsel, sought injunctive relief to permanently enjoin the defendants from continuing the acts, practices, and omissions described above.

On November 15, 1996, the United States Department of Justice also filed a lawsuit in the Middle District of Tennessee against the state, alleging similar violations. That case was styled U.S. v. Tennessee Civ. No. 96-cv-01056 (M.D.Tenn.) ("United States case") (See ID-TN-0004).

On December 2, 1996, the district court (Judge Robert L. Echnols) granted a motion to consolidate the People First case with the United States case.

People First, the Department of Justice, and the State of Tennessee entered into a settlement agreement, which was approved by Judge Echnols on November 27, 1996. In the settlement, the state agreed to, among other things:

• Create person-centered evaluation of citizens in need of services

• Develop community programs and resources

• Increase staffing and staff training

• Improve living conditions in the centers

• Provide education for school-age residents

On the same date, the court granted plaintiff People First of Tennessee's motion to amend their complaint.

According to the PACER docket, litigation continued after the settlement regarding defendants' compliance with the settlement agreement, the Parent-Guardian Association's (PGA) intervention in the action, and attorneys' fees.

Community Rehabilitation Agencies of Tennessee (CMRA), an association of agencies providing services to individuals with intellectual disabilities, moved to intervene in the consolidate suits. The court (Judge Jon McCalla) denied the motions for each case. On August 8, 2001, the Sixth Circuit Court of Appeals (District Judge John Feikens, Eastern District of Michigan, sitting by designation) affirmed the denials. U.S. v. Tennessee, 260 F.3d 587 (6th Cir. 2001).

On Mar. 18, 2002, the court ordered the case administratively closed in light of the ongoing settlement process. The court allowed the case to be reopened by either party.

The case was reopened on Feb. 22, 2006 to address the state's motion for partial termination of the settlement regarding Greene Valley Developmental Center. The settlement agreement allowed the state to seek partial termination of the agreement after two years if the state showed compliance with provisions related to institutional care services and protection from harm. The court had to address if "the State has substantially complied with" the provisions. The court granted the motion on Mar. 16, 2006, finding that the state had achieved compliance with respect to the conditions at the Greene Valley Developmental Center.

The court terminated the settlement agreement with respect to the Harold Jordan Center on Sept. 30, 2008, finding that the state showed compliance with provisions related to institutional care services and protection from harm at that particular facility.

The court once again ordered the case administratively closed on Mar. 31, 2009. While the case remained closed, a series of procedural developments occurred. First, on Nov. 19, the state indicated that budgetary considerations compelled it to close the Clover Bottom Developmental Center and Harold Jordan Center. On Dec. 21, 2009, the PGA filed a motion for temporary restraining order and preliminary injunction in response to the state's asserted intent to close the facilities without a comprehensive closure plan. The court denied the motion on Jan. 12, 2010, holding that the parties did not make a sufficient effort to confer with the state, as required by the settlement agreement, before bringing their motion.

After many months of negotiation, the parties drafted an exit plan that established criteria that, if the state satisfied, would result in a dismissal of this case. The court approved the exit plan on Jan. 29, 2015. A year later, on Jan. 12, 2016, the court found that the state had complied with the exit plan provisions and ordered the case dismissed with prejudice. The court also vacated previously-granted injunctive relief, except as to class members residing at Greene Valley Developmental Center while they continued to reside there. The court maintained jurisdiction over the matter only as to these residents. On Sept. 8, 2017, after the parties filed a joint motion to dismiss the case as to the outstanding injunction, the court dismissed the case with prejudice, finding that the state was in full compliance with the exit plan as to Greene Valley Developmental Center.

Throughout the course of this litigation, the court awarded installments of attorneys' fees and reimbursements totaling $2,778,833.84 for the plaintiffs and $753,433.86 for the PGA.

The case was then closed, though the court currently retained jurisdiction solely over matters related to attorneys' fees. On November 9, 2017, People First filed a final motion for attorneys' fees. The PGA filed a similar motion the following day. On November 14, 2017, the court granted both motions, awarding People First $377,944.28 and PGA $65,750. All motions for attorneys' fees have been resolved. The case is presumably closed.

Summary Authors

Angela Heverling (4/1/2007)

Virginia Weeks (10/10/2017)

Jake Parker (7/17/2018)

Related Cases

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

People First of Tenn. v. Arlington Developmental Center, Western District of Tennessee (1992)

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

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4383155/parties/people-first-of-tn-v-clover-bottom-devel/


Judge(s)

Crenshaw, Waverly David Jr. (Tennessee)

Echols, Robert L. (Tennessee)

Feikens, John (Michigan)

Haynes, William Joseph Jr. (Tennessee)

Holmes, Barbara D. (Tennessee)

Sharp, Kevin Hunter (Tennessee)

Attorneys(s) for Plaintiff

Bell, Aileen M. (District of Columbia)

Bowman, Robert C. (District of Columbia)

Coleman, Veronica F. (District of Columbia)

Connette, Edward G. III (North Carolina)

Judge(s)

Crenshaw, Waverly David Jr. (Tennessee)

Echols, Robert L. (Tennessee)

Feikens, John (Michigan)

Haynes, William Joseph Jr. (Tennessee)

Holmes, Barbara D. (Tennessee)

Sharp, Kevin Hunter (Tennessee)

Attorneys(s) for Plaintiff

Bell, Aileen M. (District of Columbia)

Bowman, Robert C. (District of Columbia)

Coleman, Veronica F. (District of Columbia)

Connette, Edward G. III (North Carolina)

Derryberry, Jack W. (Tennessee)

Donehey, Darcey Kathleen (District of Columbia)

Donnelly, Matthew J. (District of Columbia)

Edwards, Lisa Wilson (District of Columbia)

Frohboese, Robinsue (District of Columbia)

Geissler, R. Jonas (District of Columbia)

Goggin, Wendy Hildreth (Tennessee)

Gran, Judith A. (Pennsylvania)

Gross, Mark L. (District of Columbia)

Gupta, Vanita (District of Columbia)

Hill, Eve L. (District of Columbia)

Hughes, Verlin (District of Columbia)

Jackson, Shelley (District of Columbia)

Jones, Michelle A. (District of Columbia)

Keyser, Linda L. (District of Columbia)

Lowenthal, Jessica R. (Pennsylvania)

Manus, Roger (North Carolina)

Murphy, Amie S. (District of Columbia)

Patrick, Deval L. (District of Columbia)

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

Picciotti-Bayer, Andrea (District of Columbia)

Porter, Nicole (District of Columbia)

Reno, Janet (District of Columbia)

Rieger, Alexander Stuart (Tennessee)

Rivera, David (Tennessee)

Rocah, David R. (District of Columbia)

Roden, Michael (Tennessee)

Rosenbaum, Steven H. (District of Columbia)

Russell, Kevin K. (District of Columbia)

Schneider, Todd J. (District of Columbia)

Schwarz, Earle J. (Tennessee)

Scott, Janine (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Trepel, Samantha Kay (District of Columbia)

Watson, Robert C. (Tennessee)

Weinstein, Laurie J. (District of Columbia)

Attorneys(s) for Defendant

Barrick, William M. (Tennessee)

Campbell, Martha A. (Tennessee)

Dycus, Dianne Stanley (Tennessee)

Ferguson, Randall Chadwell (Tennessee)

Ferrara, Mary Byrd (Tennessee)

Floyd, John F. (Tennessee)

Hollabaugh, Lewis Berkley (Tennessee)

Lakey, Jonathan P. (Tennessee)

Maloy, Kathleen A. (Tennessee)

Slatery, Herbert III (Tennessee)

Other Attorney(s)

Carlton, Jonathan Stephen (Tennessee)

Carson, Lisa M. (Tennessee)

Hardin, Hal D. (Tennessee)

Harrington, Nancy Penny (Tennessee)

Howser, Hugh C. Jr. (Tennessee)

Hubbard, William B. (Tennessee)

Robinson, Charles M. (Tennessee)

Schaffner, Mary Martin (Tennessee)

West, Dudley Mack (Tennessee)

Woods, Larry D. (Tennessee)

Documents in the Clearinghouse

Document

3:96-cv-01056

Docket (PACER)

U.S. v. Tennessee

Jan. 6, 2011

Jan. 6, 2011

Docket

3:95-cv-01227

Docket (PACER)

Sept. 8, 2017

Sept. 8, 2017

Docket

3:95-cv-01227

First Amended Complaint Class Action

Jan. 1, 1995

Jan. 1, 1995

Complaint

3:95-cv-01227

Settlement Agreement Between People First, the United States, and the State of Tennessee

Nov. 15, 1996

Nov. 15, 1996

Settlement Agreement
327

3:95-cv-01227

Order Approving Settlement Agreement

People First of Tennessee v. Clover Bottom Developmental Center

Nov. 23, 1996

Nov. 23, 1996

Order/Opinion

3:95-cv-01227

Order to Amend Plaintiff's Complaint

People First of Tennessee v. Clover Bottom Developmental Center

Nov. 27, 1996

Nov. 27, 1996

Order/Opinion
46

3:95-cv-01227

Order Granting Class Certification

People First of Tenessee v. Clover Bottom Developmental Center

Dec. 2, 1996

Dec. 2, 1996

Order/Opinion

00-05342

00-06514

Opinion

U.S. v. Tennessee

U. S. Court of Appeals for the Sixth Circuit

Oct. 1, 2001

Oct. 1, 2001

Order/Opinion
770

3:95-cv-01227

Agreed Order Granting Defendants' Motion For Partial Termination of the Settlement Agreement

People First of Tennessee v. Clover Bottom Developmental Center

March 16, 2006

March 16, 2006

Order/Opinion
871

3:95-cv-01227

Order Granting Defendants' Motion For Partial Termination of the Settlement Agreement As to Harold Jordan Center

People First of Tennessee v. Clover Bottom Developmental Center

Sept. 30, 2008

Sept. 30, 2008

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4383155/people-first-of-tn-v-clover-bottom-devel/

Last updated Aug. 24, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (NO Summons(es) issued) (af) (Entered: 11/18/1996)

Nov. 15, 1996

Nov. 15, 1996

1117

PACER
886

AGREED ORDER re 885 Consent MOTION for Attorney Fees. The Intervenor Parent Guardian Associations (the PGA) and the State of Tennessee have filed a Joint Application For Award of Attorneys Fees and Reimbursement of Expenses to the PGA. The PGA are "prevailing parties" entitled to awards of expenses and reasonable attorney's fees in this case. The parties have agreed that Thirty-Three Thousand One Hundred Fourteen and No/100 Dollars ($33,114.00) for attorney's fees and Sixty and 95/100 Dollars ($60.95) for expenses, which collectively represents an aggregate award of Thirty-Three Thousand One Hundred Seventy-Four and 95/100 Dollars ($33,174.95), represents an appropriate award of attorneys fees and expen ses for monitoring and enforcement related work during the period from December 1, 2007 through November 12, 2008. Accordingly, it is hereby ordered that the Intervenor PGA are awarded attorney's fees and expenses in the aggregate amount of Thi rty-Three Thousand One Hundred Seventy-Four and 95/100 Dollars ($33,174.95). Based on the statements made in the joint application, this award shall be in satisfaction of hours expended and costs incurred in connection with the PGA's monitoring and enforcement work during the period from December 1, 2007 through November 12, 2008. It is so ORDERED. Signed by Senior Judge Robert Echols on 12/23/08. (af)

Dec. 23, 2008

Dec. 23, 2008

RECAP
2

NOTICE of Initial Case Management Conference Case referred to Magistrate Judge William J. Haynes Jr. , Case Management Conference set for 10:00 1/2/97 (af) (Entered: 11/18/1996)

Nov. 15, 1996

Nov. 15, 1996

3

MOTION & MEMORANDUM by pltf USA to consolidate cases 3:96−1056 w/ 3:95−1227 w/ att'd copy of Settlement Agreement in Case No. 3:95−1227 (af) (Entered: 11/18/1996)

Nov. 15, 1996

Nov. 15, 1996

912

AGREED ORDER ON JOINT APPLICATION FOR AN AWARD OF ATTORNEYS' FEES AND EXPENSES TO PEOPLE FIRTS: granting 911 Motion for Attorney Fees. Plaintiffs/Intervener People First, et al. are awarded attorneys fees and litigation expenses in the amount of $$88,332.98 to be paid by the State ofTennessee. Signed by Senior Judge Robert Echols on 10/26/09. (dt)

Oct. 26, 2009

Oct. 26, 2009

RECAP
4

ORDER by Magistrate Judge William J. Haynes Jr.: Case Management Conference is reset for 9:00 on 2/14/97. EOD 11/25/96 (cc: all counsel) (gi) (Entered: 11/25/1996)

Nov. 25, 1996

Nov. 25, 1996

959

AGREED ORDER: Experts and/or staff employed by the Quality Review Panel shall be permitted access to class members, meetings and discussions concerning class members and class member records and information to the same extent as the Quality Review Panel as described in Section X. of the Settlement Agreement. Signed by Senior Judge Robert Echols on 3/30/10. (km)

April 1, 2010

April 1, 2010

RECAP
960

ORDER: The parties in this litigation participated an additional settlement conference at their request with the Magistrate Judge. Two cases were discussed and the Magistrate Judge believes that the parties have reached informal agreements that will hopefully resolve these two issues without the necessity of the parties seeking formal Court rulings on the terms of the settlement agreement. Signed by Magistrate Judge Joe Brown on 4/1/10. (km)

April 1, 2010

April 1, 2010

RECAP
5

ORDER by Judge Robert L. Echols granting motion to consolidate case 3:96−1056 w/ 3:95−1227 [3−1]. EOD 12/2/96 (cc: all counsel) (gi) (Entered: 12/02/1996)

Dec. 2, 1996

Dec. 2, 1996

971

ORDER: Pending before the Court is Defendant's "Motion for Leave to File Accompanying Emergency Motion to Compel Quality Review Panel to Comply with Settlement Agreement or, in the Alternative, for Declaratory Relief" (Docket Entry No. 964). The Motion is hereby GRANTED. A Hearing on the Emergency Motion to Compel is hereby scheduled for Thursday, May 13, 2010, at 9:00 a.m. Any response to the Motion must be filed by Wednesday, May 12, 2010, at 4:00 p.m. IT IS SO ORDERED. Signed by Senior Judge Robert Echols on 5/11/10. (af)

May 11, 2010

May 11, 2010

RECAP

ATTORNEY APPEARANCE for pltf USA by Shelley R. Jackson filed in lead case 3:95−1227 [264−1] (jb) Modified on 04/19/1999 (Entered: 04/19/1999)

April 19, 1999

April 19, 1999

991

ORDER granting 984 Motion for Leave to File Emergent Motion to Enforce Settlement Agreement and Enjoin The Planned June 22 Transition of L.S. to GVDC without QRP Review or Approval. The Clerk is hereby directed to file the documents appearing at D E Nos 984-1 through 984-5 under separate docket entry numbers. Due to the time constraints faced by the Court in ruling on the United States' motion, the Court hereby GRANTS a TRO restraining the State from transferring L.S. from Clover Bottom Developmental Center to Greene Valley Developmental Center on June 22, 2010, as planned, and until further Order of the Court after the Court has had the opportunity to consider the filings and positions of the parties. The Court may set a hearing on the United States' motion in a separate Order. It is so ordered. Signed by Senior Judge Robert Echols on 6/21/10. (xc:Pro se party by regular and certified mail.)(af)

June 21, 2010

June 21, 2010

RECAP

NOTICE OF APPEAL by Comm Rehab of TN filed in lead case 3:95−1227 (af) (Entered: 03/13/2000)

March 7, 2000

March 7, 2000

NOTICE by pltf USA of filing of consultants' Selected Findings and Recommendations (attached) (mg) (Entered: 03/27/2000)

March 24, 2000

March 24, 2000

1067

MEMORANDUM. An appropriate Order will be entered. Signed by District Judge Kevin H. Sharp on 2/1/12. (tmw) Modified text on 2/1/2012 (tmw).

Feb. 2, 2012

Feb. 2, 2012

RECAP
1069

MEMORANDUM. An appropriate Order shall be entered. Signed by District Judge Kevin H. Sharp on 2/6/12. (tmw)

Feb. 7, 2012

Feb. 7, 2012

RECAP

ORDER by Judge William J. Haynes Jr. withdrawing attorney Shelley R. Jackson for USA (Order docketed in lead case 3:95−1227 DE#432) (cc: all counsel) EOD 10/2/00 (mg) Modified on 10/03/2000 (Entered: 10/02/2000)

Oct. 2, 2000

Oct. 2, 2000

1119

1 Attachment NOTICE OF JOINT MOTION OF ALL PARTIES TO APPROVE EXIT PLAN

View on PACER

Feb. 7, 2012

Feb. 7, 2012

PACER
7

MANDATE issued 10/10/91 from 6th CCA affirming the decision of the District Court [0−1] filed 8/8/01 (mg) (Entered: 02/11/2002)

Feb. 8, 2002

Feb. 8, 2002

1093

AGREED ORDER ON JOINT APPLICATION FOR AWARD OF ATTORNEY'S FEES AND REIMBURSEMENT OF EXPENSES TO THE PARENT GUARDIAN ASSOCIATIONS. Signed by District Judge Kevin H. Sharp on 10/30/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

Oct. 30, 2013

Oct. 30, 2013

RECAP

ATTORNEY APPEARANCE for pltf USA by Janine Scott per notice [627−1] in lead case 3:95−1227. (rls) (Entered: 02/13/2002)

Feb. 11, 2002

Feb. 11, 2002

ATTORNEY APPEARANCE for pltf USA by Todd Schneider filed in lead case #3:95−1227 (km) (Entered: 04/22/2003)

April 22, 2003

April 22, 2003

1136

MEMORANDUM OPINION OF THE COURT. Signed by Chief Judge Kevin H. Sharp on 1/29/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)

Jan. 29, 2015

Jan. 29, 2015

RECAP
1137

ORDER: For the reasons set forth in the accompanying Memorandum, the Court hereby GRANTS the Parties' joint motion seeking approval of an Exit Plan (Docket No. 1118-1) and entry of a proposed Agreed Order (Docket No. 1118-2). The Agreed Order is contemporaneously herewith ENTERED. The Motion to Intervene brought by Brian Bragdon, Lisa Hill, Gail King, Ricky Lingerfelt, Gena Wexler, Russell Wexler, Leonard Wyrick Jr., and Citizens for a Better Tennessee (Docket No. 1121) is hereby DENIED. It is SO ORDERED Signed by Chief Judge Kevin H. Sharp on 1/29/15. (af)

Jan. 29, 2015

Jan. 29, 2015

RECAP

ATTORNEY APPEARANCE for pltf USA by R. Jonas Geissler filed in lead case 3:95−1227 (km) Modified on 03/24/2004 (Entered: 03/24/2004)

March 23, 2004

March 23, 2004

1138

AGREED ORDER re Exit Plan, Compliance Conferences, Compliance with Sections II-IX of the Exit Plan, Compliance with Sections X of the Exit Plan, Monitoring & Other Issues. Signed by Chief Judge Kevin H. Sharp on 1/29/15. (Attachments: # 1 Attachment Exit Plan, # 2 Exhibit B to Exit Plan, # 3 Exhibit C to Exit Plan, # 4 Exhibit D to Exit Plan)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)

Jan. 29, 2015

Jan. 29, 2015

RECAP
8

NOTICE of Appearance by Samantha Kay Trepel on behalf of USA (Trepel, Samantha) (Entered: 12/29/2009)

Dec. 29, 2009

Dec. 29, 2009

Note to Filer Samantha Trepel re DE #8: All pleadings should be filed in the lead case 3:95cv1227. This document needs to be re−filed.(km) (Entered: 01/04/2010)

Jan. 4, 2010

Jan. 4, 2010

1141

REPORT AND RECOMMENDATION: Based upon the compliance meeting conducted by this Court on March 24, 2015, this Court finds, and hereby recommends, that good cause exist to enter an Order holding that Defendants have complied with Section II, Section III.A., III.B., III.C., Section VIII, and Section X.A. and X.B of the Exit Plan. Signed by Magistrate Judge Juliet E. Griffin on 4/8/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)

April 8, 2015

April 8, 2015

RECAP
9

NOTICE of Appearance by Michelle A. Jones on behalf of USA (Jones, Michelle) (Entered: 12/30/2010)

Dec. 30, 2010

Dec. 30, 2010

1149

REPORT AND RECOMMENDATION FOR ENTRY OF AN ORDER FINDING THAT DEFENDANTS HAVE COMPLETED A MATERIAL PROVISION OF THE EXIT PLAN. Signed by Magistrate Judge Juliet E. Griffin on 7/14/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)

July 14, 2015

July 14, 2015

RECAP

Note to filer re 9 : This document has been scanned. Documents generated from a word processor (Word of WordPerfect) should NOT be scanned, but rather printed directly to PDF via a PDF writer. Future scanned pleadings of this nature may require refiling. (rd) (Entered: 01/06/2011)

Jan. 6, 2011

Jan. 6, 2011

1155

REPORT AND RECOMMENDATION: Based upon the compliance meeting conducted by this Court on October 7, 2015 and the agreement of all parties, this Court finds, and hereby recommends, that good cause exists to enter an Order holding that Defendants have complied with and completed Section III.E and III.G; Section IV.A, IV.B, and IV.F; and, Section VI.D of the Exit Plan. Signed by Magistrate Judge Barbara D. Holmes on 11/3/2015. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)

Nov. 3, 2015

Nov. 3, 2015

RECAP
1156

ORDER: As scheduled during the settlement/compliance session on November 3, 2015, the next such session is scheduled for Wednesday, December 9, 2015, at 10:00 a.m. in Courtroom 764, U.S. Courthouse, 801 Broadway, Nashville, Tennessee. Signed by Magistrate Judge Barbara D. Holmes on 11/19/15. (dt)

Nov. 19, 2015

Nov. 19, 2015

RECAP
1157

REPORT AND RECOMMENDATION: Based upon the compliance meeting conducted by this Court on November 3, 2015 and the agreement of all parties, this Court finds, and hereby recommends, that good cause exist to enter an Order holding that Defendants hav e complied with and completed Section III.F; Section IV.C and IV.D; and, Section V.A. Pursuant to paragraph 7 of the Agreed Order, People First, the United States, and the Parent Guardian Associations of Clover Bottom Developmental Center and of Greene Valley Developmental Center have fourteen (14) days from the entry of this Report and Recommendation to file an objection to it. If no such objection is filed within the prescribed period of time, the findings in this Report and Recommendation shall be final and binding on all parties. Signed by Magistrate Judge Barbara D. Holmes on 11/20/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

Nov. 19, 2015

Nov. 19, 2015

RECAP
1158

REPORT AND RECOMMENDATION: Based upon the compliance meeting conducted by this Court on December 9, 2015 and the agreement of all parties, this Court finds, and hereby recommends, that good cause exist to enter an Order holding that Defendants have complied with and completed Section IV.E; Section VI.B; Section VII.B; and, Section IX. Furthermore, pursuant to the Agreed Order and based upon the Court's previous findings of compliance with all of the other material provisions of Sections II-IX of the Exit Plan, (see Report and Recommendations, ECF No. 1141; Report and Recommendations, ECF No. 1145; Report and Recommendations, ECF No. 1147; Report and Recommendations, ECF. No. 1149; Report and Recommendations, ECF No. 1155; and, Report and Recommendations, ECF No. 1157), the Court finds that the State has complied with all material provisions of Sections II-IX of the Exit Plan. Signed by Magistrate Judge Barbara D. Holmes on 12/11/2015. (xc:Pro se party via email.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) Modified on 12/15/2015 (jw).

Dec. 11, 2015

Dec. 11, 2015

RECAP
1159

ORDER: The R & Rs (Docket Nos. 1155 & 1157 ) are hereby ACCEPTED and APPROVED. The Court hereby FINDS that Defendants have complied with the following sections of the Exit Plan: III.E, III.F, III.G, IV.A, IV.B, IV.C, IV.D, IV.F, V.A, and VI.D. Signed by Chief Judge Kevin H. Sharp on 12/14/15. (xc:Pro se party via email.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 12/15/2015 (dt).

Dec. 14, 2015

Dec. 14, 2015

RECAP
1160

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Accordingly, the Court hereby rules as follows: (1) The R & Rs (Docket Nos. 1141, 1149, & 1158) are hereby ACCEPTED and APPROVED; (2) The Court hereby FINDS that Defendants have complied with the follow ing sections of the Exit Plan: II, III.A, III.B, III.C, IV.E, V.B, VI.B, VII.B, VIII, IX, X.A, and X.B. Signed by Chief Judge Kevin H. Sharp on 1/8/2016. (xc:Pro se party by email.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) Modified on 1/12/2016 (jw).

Jan. 8, 2016

Jan. 8, 2016

RECAP
1201

REPORT AND RECOMMENDATION: Based upon the compliance meeting conducted by this Court on June 6, 2017, this Court FINDS, and hereby recommends, that good cause exists to enter an Order holding that Defendants have complied with Section X.D., Section X.E. and Section X.F. In addition, the Court specifically FINDS that Section X.C. of the Exit Plan does not include any objective and measureable criteria that were required to be satisfied by Defendants. (jw)

June 27, 2017

June 27, 2017

RECAP
1203

REPORT AND RECOMMENDATION: Based upon the compliance meeting conducted by this Court on June 30, 2017, this Court FINDS, and hereby recommends, that good cause exist to enter an Order holding that Defendants have complied with Section X.G. of the Exit Plan. Furthermore, pursuant to the Agreed Order and based upon the Court's findings of compliance with all material provisions of Section X of the Exit Plan (in addition to this Report and Recommendation, see Report and Recommenda tion ECF 1141 and ECF 1201), the Court FINDS that the State now has complied with all material provisions of Section X of the Exit Plan. Signed by Magistrate Judge Barbara D. Holmes on 6/30/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)

June 30, 2017

June 30, 2017

RECAP
1206

ORDER: Pending before the Court are two Reports and Recommendations of the Magistrate Judge (Doc. Nos. 1201, 1203), to which no party filed timely objections. The Court has reviewed the Reports and Recommendations and conducted a de novo review of the record. The Reports and Recommendations are ADOPTED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 8/14/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)

Aug. 14, 2017

Aug. 14, 2017

RECAP

Case Details

State / Territory: Tennessee

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 22, 1995

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Residents of the Clover Bottom Developmental Center, Greene Valley Developmental Center, and Winston Developmental Center

Attorney Organizations:

Public Interest Law Center (PILCOP)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Clover Bottom Developmental Center (Nashville, Davidson), State

Greene Valley Developmental Center (Greene), State

Winston Developmental Center, State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

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

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

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

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

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 3,975,961.98

Content of Injunction:

Preliminary relief denied

Issues

General:

Assault/abuse by staff

Education

Habilitation (training/treatment)

Individualized planning

Neglect by staff

Recreation / Exercise

Restraints : physical

Staff (number, training, qualifications, wages)

Mental Disability:

Intellectual/developmental disability, unspecified

Type of Facility:

Government-run