Case: U.S. v. Tennessee

2:92-cv-02062 | U.S. District Court for the Western District of Tennessee

Filed Date: Jan. 21, 1992

Closed Date: 2015

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Case Summary

In December of 1990, the United States Department of Justice, pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et al, investigated the Arlington Developmental Center (ADC) in Tennessee. The investigation revealed that conditions in the facility seriously threatened the health and safety of its developmentally delayed residents. The Department of Justice found that residents were subject to abuse and neglect, inadequate medical care, an unsafe physical en…

On January 21, 1992, the United States Department of Justice filed a lawsuit against the State of Tennessee pursuant to CRIPA in the United States District Court for the Western District of Tennessee, alleging that the state had failed to provide humane conditions and adequate treatment at Arlington Developmental Center. The case was styled United States v. Tennessee, Civ. No. 92-2062. (W.D.Tenn.1992)(''the United States case").

The case followed a similar action that was filed against the ADC by private plaintiffs, styled People First of Tennessee v. Arlington Developmental Ctr., No. 92-2213 (W.D.Tenn.1992)(''People First case'') (See ID-TN-1 of this collection).

On August 7, 1992, the District Court (Judge Jon Phipps McCalla) denied the state's motion for summary judgment in the United States case. U.S. v. Tennessee, 798 F.Supp.483 (W.D. Tenn. 1992).

A lengthy trial in the United States case began on August 30, 1993 and continued through October 1993. On November 22, 1993, the Court (Judge McCalla) made issued an oral ruling against the defendants, finding that the conditions at ADC violated the due process rights of the residents. Written findings of fact were issued by the Court on February 18, 1994. On September 2, 1994 entered a detailed remedial order to correct the violations the Court found. The order called for the appointment of a monitor. Linda R. O'Neall, Ph.D. was subsequently appointed to that position.

On June 30, 1995, Judge McCalla issued an emergency order after the monitor reported that a state of medical emergency existed at the facility. After the state failed to comply with the emergency order, the court entered a preliminary injunction on July 21, 1995 required the center to hire a Developmental Medicine Physician, additional physicians for overnight coverage, additional nurses, and a full-time psychiatrist. On August 9, 1995, Judge McCalla found the state in contempt for failure to comply. In a reported opinion dated November 6, 1995, the court described the state's history of noncompliance in this matter and approved appropriate sanctions. United States v. Tennessee, 925 F.Supp. 1292 (W.D. Tenn. 1995).

On September 27, 1995, the Plaintiffs and the Intervenor in the People First case (ID-TN-1) were named as Intervenors in the United States case.

Defendants remained in contempt and on June 26, 1996 the court entered a stipulation and order whereby, in lieu of sanctions for contempt, the defendants agreed to develop three comprehensive plans addressing compliance with previous orders, downsizing the facility, and community placement of residents.

The court approved the State's proposed community placement plan on August 21, 1997. On June 28, 1999, the court ordered the creation of workgroups to facilitate implementation of the plan but later suspended the workgroups. The parties appealed the order suspending the workgroups and submitted a mediation settlement agreement. The District Court (Judge Bernice Bouie Donald) denied a motion to approve the settlement agreement on February 24, 2003. U.S. v. Tennessee, 256 F.Supp. 2d 768 (W.D. Tenn. 2003). The United States Court of Appeals for the Sixth Circuit (Judge Boyce F. Martin Jr.) vacated and remanded the decision of the district court on June 23, 2005. United States v. Tennessee, 143 Fed. Appx. 656 (6th Cir. 2005).

On May 16, 2006, the parties submitted a proposed settlement agreement to resolve various pending matters. The goal of the settlement, reached pursuant to the state's decision to close ADC, was to "ensure an orderly and careful closure of the ADC, the safe transition of Class Members presently living at ADC to community residences, and the accelerated development of a comprehensive network of services and supports for Class Members as they enter and live in the community." The court approved the settlement on Feb. 15, 2007. The settlement set out provisions relating to the transition of class members in light of ADC's closure, including the need for a specific closure plan and transition plan, support resources for families and class members, the development and improvement of community-based services and supports for class members, and improvement of individualized services provided to ADC residents. The settlement also provided for monitoring.

Over the next several years, litigation continued over the scope and enforcement of the settlement. On January 17, 2013, the court approved a joint exit plan. If the state completed the plan's requirements by the end of 2013, the court would dismiss the case with prejudice. The court dismissed the case and vacated all injunctive relief on December 3, 2013, finding that the state had complied with the exit plan.

	Document
2:92-cv-02062	Docket [PACER] USA v. State of Tennessee	April 6, 2015	April 6, 2015 Docket
	Memorandum: Recommendation for Investigation of Arlington Developmental Center No Court	June 18, 1990	June 18, 1990 Justification Memo
	Memorandum re: Arlington Developmental Center Proposed S.10 Investigation No Court	June 18, 1990	June 18, 1990 Pleading / Motion / Brief
	Notice Letter re: CRIPA Investigation of Arlington Developmental Center, Arlington, Tennessee No Court	July 11, 1990	July 11, 1990 Notice Letter
2:92-cv-02062	Findings Letter re: CRIPA Investigation of Arlington Developmental Center, Arlington, Tennessee No Court	March 12, 1991	March 12, 1991 Findings Letter/Report
1 2:92-cv-02062	Complaint	Jan. 21, 1992	Jan. 21, 1992 Complaint
35 2:92-cv-02062	Order Denying Motion to Dismiss or in the Alternative Summary Judgment	Aug. 7, 1992	Aug. 7, 1992 Order/Opinion 798 F.Supp. 483
2:92-cv-02062	Order on Motion to Dismiss People First of Tennessee v. Arlington Developmental Center	Dec. 22, 1992	Dec. 22, 1992 Order/Opinion 878 F.Supp. 97
224 2:92-cv-02062	Opinion of the Court	Nov. 22, 1993	Nov. 22, 1993 Order/Opinion
251 2:92-cv-02062	Supplemental Findings of Fact	Feb. 18, 1994	Feb. 18, 1994 Order/Opinion

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT (Summons(es) issued) ; (WMW) (csf). (Entered: 01/27/1992)	Jan. 21, 1992	Jan. 21, 1992 PACER
2	RETURN OF SERVICE executed upon defendant Evelyn C. Robertson Jr. on 1/30/92 (WMW) (csf). (Entered: 02/12/1992)	Feb. 4, 1992	Feb. 4, 1992 PACER
3	RETURN OF SERVICE executed upon defendant Mona Reeves-Winfrey on 1/29/92 (WMW) (csf). (Entered: 02/12/1992)	Feb. 4, 1992	Feb. 4, 1992 PACER
4	RETURN OF SERVICE executed upon defendant Ned McWherter on 1/29/92 (WMW) (csf). (Entered: 02/12/1992)	Feb. 4, 1992	Feb. 4, 1992 PACER
5	STIPULATION by plaintiff USA, defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Mona Reeves-Winfrey enlarging time for defts. to respond (WMW) (csf). (Entered: 03/04/1992)	Feb. 12, 1992	Feb. 12, 1992 PACER
6	MOTION by defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Mona Reeves-Winfrey to dismiss, for summary judgment (WMW) (csf). (Entered: 03/04/1992)	March 4, 1992	March 4, 1992 PACER
7	MEMORANDUM by defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Mona Reeves-Winfrey in support of motion to dismiss [6-1], of motion for summary judgment [6-2] (WMW) (csf). (Entered: 03/04/1992)	March 4, 1992	March 4, 1992 PACER
8	EXHIBIT to motion to dismiss (WMW) (csf). (Entered: 03/04/1992)	March 4, 1992	March 4, 1992 PACER
9	COLLECTIVE EXHIBIT to motion to dismiss (WMW) (csf). (Entered: 03/04/1992)	March 4, 1992	March 4, 1992 PACER
10	STIPULATION by plaintiff USA, defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Mona Reeves-Winfrey re [6-2] extending (WMW) (Entered: 03/18/1992)	March 12, 1992	March 12, 1992 PACER
11	SETTING LETTER ; Status conference 4/24/92, @ 3:00pm (WMW) (csf). (Entered: 04/14/1992)	April 9, 1992	April 9, 1992 PACER
12	ORDER by Chief Judge Odell M. Horton resetting status conference set for 4/24/92. The court will reschedule. [entered & filed 04/14/92] (cc: all counsel) (WMW) (csf). (Entered: 04/14/1992)	April 14, 1992	April 14, 1992 PACER
13	OPPOSITION by plaintiff USA to [6-1] (WMW) (csf). (Entered: 04/21/1992)	April 20, 1992	April 20, 1992 PACER
14	MEMORANDUM by plaintiff USA in support of opposition (PLACED IN SEPARATE FOLDER) [13-1] (WMW) (csf). (Entered: 04/21/1992)	April 20, 1992	April 20, 1992 PACER
15	REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS AND/OR FOR SUMMARY JUDGMENT by defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Mona Reeves-Winfrey (WMW) (csf). (Entered: 05/04/1992)	May 4, 1992	May 4, 1992 PACER
16	SUPPLEMENTAL RESPONSE by plaintiff USA to [6-1] (WMW) (csf). (Entered: 05/15/1992)	May 15, 1992	May 15, 1992 PACER
17	MOTION by defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Mona Reeves-Winfrey for protective order (WMW) (csf). (Entered: 06/02/1992)	June 1, 1992	June 1, 1992 PACER
18	MEMORANDUM by defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Mona Reeves-Winfrey in support of motion for protective order [17-1] (WMW) (csf). (Entered: 06/02/1992)	June 1, 1992	June 1, 1992 PACER
19	CERTIFICATE OF CONSULTATION by defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Mona Reeves-Winfrey (WMW) (csf). (Entered: 06/02/1992)	June 1, 1992	June 1, 1992 PACER
20	OBJECTIONS TO PLAINTIFF'S FIRST SET OF INTERROGATORIES by defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Mona Reeves-Winfrey (WMW) (csf). (Entered: 06/02/1992)	June 1, 1992	June 1, 1992 PACER
21	OBJECTIONS TO PLAINTIFF'S FIRST REQUEST TO PRODUCE DOCUMENTS AND REQUEST FOR ENTRY UPON LAND by defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Reeves-Winfrey (WMW) (csf). (Entered: 06/02/1992)	June 1, 1992	June 1, 1992 PACER
22	REPLY by defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Mona Reeves-Winfrey re [16-1] (WMW) (csf). (Entered: 06/03/1992)	June 1, 1992	June 1, 1992 PACER
23	SUPPLEMENTAL MEMORANDUM by defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Reeves-Winfrey in support of motion for protective order [17-1] (WMW) (csf). (Entered: 06/17/1992)	June 11, 1992	June 11, 1992 PACER
26	MEMORANDUM by plaintiff USA in opposition to motion for protective order [17-1] (WMW) (csf). (Entered: 06/24/1992)	June 17, 1992	June 17, 1992 PACER
27	MOTION by plaintiff USA to set expedite hearing....on defts' motion to dismiss..... (WMW) (csf). (Entered: 06/24/1992)	June 17, 1992	June 17, 1992 PACER
28	MEMORANDUM by plaintiff USA in support of motion to set expedite hearing....on defts' motion to dismiss..... [27-1] (WMW) (csf). (Entered: 06/24/1992)	June 17, 1992	June 17, 1992 PACER
24	ORDER by Chief Judge Odell M. Horton Case reassigned to Judge Jon P. McCalla. Notice of transfer to all concerned. [entered on docket 6/18/92] (cc: all counsel) (WMW) Modified on 06/18/1992 (csf). (Entered: 06/18/1992)	June 18, 1992	June 18, 1992 PACER
25	SUPPLEMENTAL RESPONSE by plaintiff USA to [6-1] (WMW) (csf). (Entered: 06/23/1992)	June 22, 1992	June 22, 1992 PACER
29	DEFENDANTS' RESPONSE TO PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENDANTS' MOTION FOR A PROTECTIVE ORDER [26-1] by dfts (Former Emp) (csf). (Entered: 07/09/1992)	July 2, 1992	July 2, 1992 PACER
30	ORDER SETTING ORAL ARGUMENT ON DEFENDANTS' MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT by Judge Jon P. McCalla setting hearing on dft's motion to dismiss or in the alternative, for sumjgm [6-1] 9:00 am 7/24/92 (cc: all counsel) (Former Emp) (csf). (Entered: 07/20/1992)	July 20, 1992	July 20, 1992 PACER
31	MINUTES: Oral argument on dft's motion to dimiss; Parties to proceed with discovery; govt's request to inspect property- granted (Former Emp) (csf). (Entered: 07/28/1992)	July 24, 1992	July 24, 1992 PACER
32	ORDER ON DISCOVERY MOTIONS by Judge Jon P. McCalla for denying dfts' application for stay of discovery and for pla to redraft its interrogatories and submit w/in 14 days, no later than 8/7/92; pla, U.S. to proceed with 2 expedited depos; parties to submit to the Court a consent protective order by 7/31/92; pla, U.S. to be permitted to inspect the premises through 9/30/92; documents produced by dft, State of TN to be restricted to use in the proceedings and no patients to be identified in any document filed publicly with the Court Note: Dfts' application for stay of discovery not filed in Clerk's office. (cc: all counsel) (Former Emp) Modified on 09/04/1992 (csf). (Entered: 07/28/1992)	July 27, 1992	July 27, 1992 PACER
33	STIPULATION and ORDER REGARDING CONFIDENTIALITY by Judge Jon P. McCalla : for all parties to abide by stipulation to protect the confidentiality of the residents of Arlington Developmental Center during and before this litigation (cc: all counsel) (Former Emp) (csf). (Entered: 08/03/1992)	Aug. 3, 1992	Aug. 3, 1992 PACER
34	TRANSCRIPT of Oral Argument ofn dfts' motion to dism filed 7/24/92 (Clerk's Copy) (Former Emp)(Placed in Separate Folder) (csf). (Entered: 08/10/1992)	Aug. 4, 1992	Aug. 4, 1992 PACER
35	ORDER DENYING MOTION TO DISMISS OR IN THE ALTERNATIVE SUMMARY JUDGMENT by Judge Jon P. McCalla denying dfts' motion to dismiss [6-1], denying dfts' motion for summary judgment [6-2] (cc: all counsel) (Former Emp) (csf). (Entered: 08/10/1992)	Aug. 7, 1992	Aug. 7, 1992 PACER
36	MOTION by plaintiff USA for Modification and Clarification of Court's Order Dated July 24, 1992 (Former Emp) (csf). (Entered: 08/12/1992)	Aug. 11, 1992	Aug. 11, 1992 PACER
37	MEMORANDUM by plaintiff USA in support of motion for Modification and Clarification of Court's Order Dated July 24, 1992 [36-1] (Former Emp) (csf). (Entered: 08/12/1992)	Aug. 11, 1992	Aug. 11, 1992 PACER
38	RESPONSE by defendants to pla's Motion for Modification and Clarification of Court's Order dated July 24, 1992 [36-1] (Former Emp) (csf). (Entered: 08/18/1992)	Aug. 12, 1992	Aug. 12, 1992 PACER
39	PROPOSED SCHEDULING ORDER by defendants (Former Emp) (csf). (Entered: 08/18/1992)	Aug. 12, 1992	Aug. 12, 1992 PACER
40	MINUTES: Status conf. held 8/13/92: Both parties submitted Proposed Scheduling Order. Discussion on documents due to be provided to gov't by 8/17/92. (Former Emp) (csf). (Entered: 08/19/1992)	Aug. 13, 1992	Aug. 13, 1992 PACER

Case: U.S. v. Tennessee

2:92-cv-02062 | U.S. District Court for the Western District of Tennessee

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