Filed Date: Jan. 21, 1992
Closed Date: 2015
Clearinghouse coding complete
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 environment, and lack of educational services.
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.
Over the course of the litigation, People First were granted attorney's fees periodically. In total, the court awarded them over $4.4 million.
The case is now closed.
Summary Authors
Angela Heverling (4/8/2007)
Virginia Weeks (3/17/2018)
People First of Tenn. v. Arlington Developmental Center, 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)
For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4644373/parties/united-states-v-tennessee-state-of/
Batchelder, Alice Moore (Ohio)
Donald, Bernice Bouie (Tennessee)
Feikens, John (Michigan)
Martin, Boyce Ficklen Jr. (Kentucky)
McCalla, Jon Phipps (Tennessee)
McKinley, Joseph H. Jr. (Kentucky)
Nelson, David Aldrich (Ohio)
Pham, Tu M. (Tennessee)
Rogers, John M (Ohio)
Aminfar, Amin (District of Columbia)
Batchelder, Alice Moore (Ohio)
Donald, Bernice Bouie (Tennessee)
Feikens, John (Michigan)
Martin, Boyce Ficklen Jr. (Kentucky)
McCalla, Jon Phipps (Tennessee)
McKinley, Joseph H. Jr. (Kentucky)
Nelson, David Aldrich (Ohio)
Pham, Tu M. (Tennessee)
Rogers, John M (Ohio)
Aminfar, Amin (District of Columbia)
Barkoff, Alison (District of Columbia)
Barr, William P. (District of Columbia)
Bell, Aileen M. (District of Columbia)
Bowers, Susan (District of Columbia)
Bowman, Robert C. (District of Columbia)
Brown Cutlar, Shanetta Y. (District of Columbia)
Bryant, Edward G. (Tennessee)
Deerinwater, Verlin Hughes (District of Columbia)
Donehey, Darcey Kathleen (District of Columbia)
Donnelly, Matthew J. (District of Columbia)
Dunne, John R. (District of Columbia)
Frohboese, Robinsue (District of Columbia)
Geissler, R. Jonas (District of Columbia)
Halmon, Harriett M. (Tennessee)
Harris, Terrell L. (Tennessee)
Hill, Eve L. (District of Columbia)
Jackson, Shelley (District of Columbia)
Jones, Michelle A. (District of Columbia)
Keyser, Linda L. (District of Columbia)
Kim, Wan J. (District of Columbia)
Koch, Robert A. (District of Columbia)
Kustoff, David F. (Tennessee)
Laski, Frank J. (Pennsylvania)
Maddox, William G. (District of Columbia)
Murphy, Amie S. (District of Columbia)
Patrick, Deval L. (District of Columbia)
Peabody, Arthur E. Jr. (District of Columbia)
Perez, Thomas E. (District of Columbia)
Picciotti-Bayer, Andrea (District of Columbia)
Porter, Nicole (District of Columbia)
Preston, Judy C. (District of Columbia)
Rocah, David R. (District of Columbia)
Sanders, Corey M. (District of Columbia)
Schneider, Todd J. (District of Columbia)
Schoen, Benjamin P. (District of Columbia)
Scott, Janine (District of Columbia)
Smith, Jonathan Mark (District of Columbia)
Stanton, Edward L. III (Tennessee)
Stevens, Karen L. (District of Columbia)
Todd, Gordon Dwyer (District of Columbia)
Urban, Thomas F. II (District of Columbia)
Weinstein, Laurie J. (District of Columbia)
Bearman, Leo Maurice Jr. (Tennessee)
Burson, Charles W. (Tennessee)
Campbell, Martha A. (Tennessee)
Connette, Edward G. III (North Carolina)
Cooper, Robert E. Jr. (Tennessee)
Dean, Kimberly Jennings (Tennessee)
Derryberry, Jack W. (Tennessee)
Dimond, Douglas Earl (Tennessee)
Dycus, Dianne Stanley (Tennessee)
Edwards, Lisa Wilson (District of Columbia)
Franklin, Mary Beth (Tennessee)
Gran, Judith A. (Pennsylvania)
Gross, Mark L. (District of Columbia)
Hayden-Wood, Pamela A. (Tennessee)
Kirk, Michael W. (District of Columbia)
Lakey, Jonathan P. (Tennessee)
Lehn, David (District of Columbia)
Maloy, Kathleen A. (Tennessee)
Moss, Nicole J. (District of Columbia)
Oxford, Judy A. (Tennessee)
Panuccio, Jesse Michael (District of Columbia)
Ross, Linda A. (Tennessee)
Russell, Kevin K. (District of Columbia)
Selby, Sharon S. (Tennessee)
Shaffer, Derek L. (District of Columbia)
Turner, Janice L. (Tennessee)
Barrick, William M. (Tennessee)
Headrick, S. Russell (Tennessee)
Houseal, John I. Jr. (Tennessee)
Hubbard, William B. (Tennessee)
Klein, Buffey (Tennessee)
Likens, Steven W. (Tennessee)
Manus, Roger (North Carolina)
Mullins, Kimbrough Brown (Tennessee)
Prewitt, Thomas R. Jr. (Tennessee)
Ray, Nancy K. (New York)
Schwarz, Earle J. (Tennessee)
Spears, Diane C. (Tennessee)
Ransom, Barbara E. (Pennsylvania)
Sherman, William F. (Arkansas)
See docket on RECAP: https://www.courtlistener.com/docket/4644373/united-states-v-tennessee-state-of/
Last updated March 13, 2023, 3:10 a.m.
State / Territory: Tennessee
Case Type(s):
Intellectual Disability (Facility)
Special Collection(s):
Key Dates
Filing Date: Jan. 21, 1992
Closing Date: 2015
Case Ongoing: No
Plaintiffs
Plaintiff Description:
United States Department of Justice
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
State of Tennessee (Arlington , Shelby), State
Arlington Developmental Center (Arlington), State
Case Details
Causes of Action:
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
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: 4407398.52
Order Duration: 1994 - 2013
Content of Injunction:
Issues
General:
Food service / nutrition / hydration
Habilitation (training/treatment)
Disability:
Mental Disability:
Developmental disability without intellectual disability
Intellectual/developmental disability, unspecified
Medical/Mental Health:
Type of Facility: