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

Clearinghouse coding complete

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…

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)

Related Cases

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)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4644373/parties/united-states-v-tennessee-state-of/


Judge(s)

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)

Attorneys(s) for Plaintiff

Aminfar, Amin (District of Columbia)

Judge(s)

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)

Attorneys(s) for Plaintiff

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)

Attorneys(s) for Defendant

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)

Other Attorney(s)

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)

Expert/Monitor/Master

Ransom, Barbara E. (Pennsylvania)

Sherman, William F. (Arkansas)

Documents in the Clearinghouse

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

798 F.Supp. 483

Aug. 7, 1992

Aug. 7, 1992

Order/Opinion
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
338

2:92-cv-02062

Remedial Order

Sept. 2, 1994

Sept. 2, 1994

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4644373/united-states-v-tennessee-state-of/

Last updated July 21, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1999

ORDER - Signed by Judge Bernice B. Donald. The Monitor incurred fees and expenses in the amount of $83,135.40 in March 2005. Dft State of TN is ORDERED to pay amount set out in this invoice into the registry of the Court.(ldc, )

May 31, 2005

May 31, 2005

RECAP
2000

ORDER - Signed by Judge Bernice B. Donald. The Monitor incurred fees and expenses in the amount of $67,423.18 in February 2005. Dft State of TN is ORDERED to pay the amount set out in this invoice into the registry of the Court.(ldc, )

May 31, 2005

May 31, 2005

RECAP
2001

ORDER DIRECTING CLERK TO DISBURSE FUNDS. Clerk is directed to pay Court Monitor, Dr. Nancy K. Ray a total of $150,558.58 for expenses incurred in February and March, 2005. Signed by Judge Bernice B. Donald. (jae, )

June 21, 2005

June 21, 2005

RECAP
2004

ORDER granting 2002 Motion : The Hearing on the Motion for Temporary Restraining Order, which was set for 7/25/2005, is hereby continued. The Hearing on the Motion for Temporary Restraining Order will be reset for a date certain some date after 10/21/2005. Signed by Judge Bernice B. Donald. (ldc, )

June 22, 2005

June 22, 2005

RECAP
2025

ORDER granting 2019 Joint Motion for Extension of Time to File Response re 2007 People First's MOTION for Mandatory Preliminary and Permanent Injunction On Behald of Class Member Sondra H. Responses due by 7/26/2005. Signed by Judge Bernice B. Donald. (jae, )

July 11, 2005

July 11, 2005

RECAP
2026

ORDER granting 2005 Motion to allow temporary placement of Jeffrey C. in a skilled nursing facility . Signed by Judge Bernice B. Donald. (jml, )

July 14, 2005

July 14, 2005

RECAP
2027

ORDER denying as moot 1987 Motion for Disbursement of of fime monies. Signed by Judge Bernice B. Donald. (jml, )

July 14, 2005

July 14, 2005

RECAP
2028

ORDER denying as moot 1992 Motion for Extension of Time to Respond . Signed by Judge Bernice B. Donald. (jml, )

July 14, 2005

July 14, 2005

RECAP
2030

ORDER to pay the amount set out in this invoice(98,870.02) into the registry of the Court. Signed by Judge Bernice B. Donald. (jml, )

July 21, 2005

July 21, 2005

RECAP
2029

ORDER to pay the amount set out in this invoice(83,482.88) unto the registry of the Court.. Signed by Judge Bernice B. Donald. (jml, ) Modified on 7/22/2005 (jml, ).

July 22, 2005

July 22, 2005

RECAP
2041

ORDER Directing Clerk to Disburse Funds. Funds in the amount of $182,352.90 to be disbursed to NKR & Asso. Signed by Judge Bernice B. Donald. (jml, )

Aug. 19, 2005

Aug. 19, 2005

RECAP
2042

ORDER to pay the amount set out in this invoice into the registry of the court. All funds received by Clerk of Court are directed to be deposited into an interest-bearing account and shall be used to reinburse the Monitor for her expenses and fees up to and including the total sum of the money deposited by Defendant State of Tennessee. Any money not spent by the Monitor shall be credited to Defendants. Signed by Judge Bernice B. Donald. (Document placed in separate folder)

Aug. 24, 2005

Aug. 24, 2005

RECAP
2045

ORDER to pay the amount set out in this invoice into the registry of the Court. Signed by Judge Bernice B. Donald. (jml, )

Sept. 6, 2005

Sept. 6, 2005

RECAP
2046

ORDER Directing Clerk to Disburse Funds. Signed by Judge Bernice B. Donald. (jml, )

Sept. 8, 2005

Sept. 8, 2005

RECAP
2049

ORDER granting 2044 Motion Temporary Admission of Angela H. to ADC . Signed by Judge Bernice B. Donald. (jml, )

Sept. 9, 2005

Sept. 9, 2005

RECAP
2050

ORDER Directing Clerk to DISBURSE Funds to NKR & Associates, Inc. Signed by Judge Bernice B. Donald. (jml, )

Sept. 26, 2005

Sept. 26, 2005

RECAP
2051

ORDER:Monitor, Dr. Nancy K. Ray has submitted invoce for fees and expenses incurred in August, 2005 in the amount of $101,903.85. State of TN is ordered to pay the amount set out in the invoice into the registry of the court. Signed by Judge Bernice B. Donald. (document placed in separate folder)(jae, )

Oct. 26, 2005

Oct. 26, 2005

RECAP
2052

ORDER granting 2043 Joint Application for an Award of Attorneys' Fees and Expenses to Plantiffs/Intervener People First of Tennessee. Signed by Judge Bernice B. Donald. (jml, )

Nov. 2, 2005

Nov. 2, 2005

RECAP
2053

ORDER Directing Clerk to Disburse Funds re 2051 ORDER:Monitor, Dr. Nancy K. Ray has submitted invoce for fees and expenses incurred in August, 2005 in the amount of $101,903.85. State of TN is ordered to pay the amount set out in the invoice into the registry of the court. Signed by Judge Bernice B. Donald. (jml, )

Nov. 8, 2005

Nov. 8, 2005

RECAP
2054

ORDER : Dft State of TN is ordered to pay the amount set out in the invoice to the registry of the Court. Signed by Judge Bernice B. Donald. (document placed in separate folder) (jae, )

Nov. 16, 2005

Nov. 16, 2005

RECAP
2055

ORDER granting 2040 MOTION by People First of Tennessee for Leave to File Reply to Response by State of Tennessee and parent guardian association to Motion seeking Preliminary Injunctive Relief on behalf of Class Member Sondra H.. Signed by Judge Bernice B. Donald. (jml, )

Nov. 18, 2005

Nov. 18, 2005

RECAP
2056

ORDER Directing Clerk to Disburse Funds. The Clerk is therefore directed to disburse the sum of $78,817.01, previously placed in the Registry of the Court, to NKR & Associates, Inc.. Signed by Judge Bernice B. Donald. (jml, )

Dec. 7, 2005

Dec. 7, 2005

RECAP
2057

ORDER to pay the amount set out in this invoice into the registry of the Court. Signed by Judge Bernice B. Donald.(Document place in separate folder) (jml, )

Dec. 9, 2005

Dec. 9, 2005

RECAP
2058

ORDER Directing Clerk to Disburse Funds. Signed by Judge Bernice B. Donald. (jml, )

Dec. 29, 2005

Dec. 29, 2005

RECAP
2517

MEMORANDUM AND OPINION per D.E. 2511 . Signed by Judge Bernice B. Donald on 10/27/2009. (Donald, Bernice)

Oct. 27, 2009

Oct. 27, 2009

RECAP
2558

REPORT AND RECOMMENDATIONS re 2429 MOTION to Compel Further Production From People First of Tennessee And/Or The Monitor's Office, And To Suspend and Discontinue Further Activity (proposed order submitted) filed by State of Tennessee, A NY OBJECTIONS OR EXCEPTIONS TO THIS REPORT MUST BE FILED WITHIN FOURTEEN (14) DAYS AFTER BEING SERVED WITH A COPY OF THE REPORT. 28 U.S.C. § 636(b)(1)(C). FAILURE TO FILE THEM WITHIN FOURTEEN (14) DAYS MAY CONSTITUTE A WAIVER OF OBJECTIONS, EXCEPTIONS, AND ANY FURTHER APPEAL. Signed by Magistrate Judge Tu M. Pham on 02/16/10. (Pham, Tu)

Feb. 16, 2010

Feb. 16, 2010

RECAP
2572

ORDER Adopting Report and Recommendation of the United States Magistrate Judge re 2558 and Denying 2429 Motion of Defendants State of Tennessee et al. to Suspend and Discontinue Activity by the Monitor's Office. Signed by Judge Bernice B. Donald on 3/23/2010. (Donald, Bernice)

March 23, 2010

March 23, 2010

RECAP
2655

REPORT AND RECOMMENDATIONS re 2608 MOTION to Enforce Judgment of 2006 Settlement Agreement (proposed order submitted) filed by USA, 2604 MOTION For an Order to the State to Proceed with Enrollment of At Risk Class Members (Proposed Orde r Submitted) MOTION For an Order to the State to Proceed with Enrollment of At Risk Class Members (Proposed Order Submitted) filed by People First of Tennessee Objections to R&R due by 2/18/2011. Signed by Magistrate Judge Charmiane G. Claxton on 2/4/2011. (Claxton, Charmiane)

Feb. 4, 2011

Feb. 4, 2011

RECAP
2676

ORDER on 2655 Report and Recommendation of the United States Magistrate Judge and Setting Schedule for Disposition of Pending Motions. Signed by Judge Bernice B. Donald on 4/8/2011. (Donald, Bernice)

April 8, 2011

April 8, 2011

RECAP
2957

REPORT AND RECOMMENDATIONS -- Objections to R&R due by 3/26/2013. Signed by Magistrate Judge Diane K. Vescovo on 3/12/2013. (Vescovo, Diane)

March 12, 2013

March 12, 2013

RECAP
2959

REPORT AND RECOMMENDATIONS: Objections to R&R due by 4/5/2013. Signed by Magistrate Judge Diane K. Vescovo on 3/22/2013. (Vescovo, Diane)

March 22, 2013

March 22, 2013

RECAP
2963

ORDER adopting Report and Recommendations re 2957 Report and Recommendations.. Signed by Chief Judge Jon Phipps McCalla on 4/1/13. (McCalla, Jon)

April 1, 2013

April 1, 2013

RECAP
2967

ORDER adopting Report and Recommendations re 2959 Report and Recommendations.. Signed by Chief Judge Jon Phipps McCalla on 4/15/13. (McCalla, Jon)

April 15, 2013

April 15, 2013

RECAP
2970

REPORT AND RECOMMENDATIONS -- Objections to R&R due by 6/14/2013. Signed by Magistrate Judge Diane K. Vescovo on 5/31/2013. (Vescovo, Diane)

May 31, 2013

May 31, 2013

RECAP
2974

REPORT AND RECOMMENDATIONS - Objections to R&R due by 7/1/2013. Signed by Magistrate Judge Diane K. Vescovo on 6/17/2013. (Vescovo, Diane)

June 17, 2013

June 17, 2013

RECAP
2975

ORDER adopting Report and Recommendations re 2970 Report and Recommendations.. Signed by Chief Judge Jon Phipps McCalla on 6/17/13. (McCalla, Jon)

June 17, 2013

June 17, 2013

RECAP
2978

REPORT AND RECOMMENDATIONS. Objections to R&R due by 7/15/2013. Signed by Magistrate Judge Diane K. Vescovo on 7/1/2013. (Vescovo, Diane)

July 1, 2013

July 1, 2013

RECAP
2980

ORDER adopting Report and Recommendations re 2974 Report and Recommendations.. Signed by Chief Judge Jon Phipps McCalla on 7/8/13. (McCalla, Jon)

July 8, 2013

July 8, 2013

RECAP
2981

ORDER adopting Report and Recommendations re 2978 Report and Recommendations.. Signed by Chief Judge Jon Phipps McCalla on 7/16/13. (McCalla, Jon)

July 16, 2013

July 16, 2013

RECAP
2983

REPORT AND RECOMMENDATIONS. Objections to R&R due by 8/23/2013. Signed by Magistrate Judge Diane K. Vescovo on 8/8/2013. (Vescovo, Diane)

Aug. 9, 2013

Aug. 9, 2013

RECAP
2986

ORDER adopting Report and Recommendations re 2983 Report and Recommendations.. Signed by Judge Jon Phipps McCalla on 8/26/13. (McCalla, Jon)

Aug. 26, 2013

Aug. 26, 2013

RECAP
2988

REPORT AND RECOMMENDATIONS - Objections to R&R due by 9/20/2013. Signed by Magistrate Judge Diane K. Vescovo on 9/6/2013. (Vescovo, Diane)

Sept. 6, 2013

Sept. 6, 2013

RECAP
2996

REPORT AND RECOMMENDATIONS. Objections to R&R due by 10/21/2013. Signed by Magistrate Judge Diane K. Vescovo on 10/7/2013. (Vescovo, Diane)

Oct. 7, 2013

Oct. 7, 2013

RECAP
3004

REPORT AND RECOMMENDATIONS - Objections to R&R due by 11/8/2013. Signed by Magistrate Judge Diane K. Vescovo on 10/25/2013. (Vescovo, Diane)

Oct. 25, 2013

Oct. 25, 2013

RECAP
3010

ORDER adopting Report and Recommendations re 2988 Report and Recommendations.. Signed by Judge Jon Phipps McCalla on 11/8/13. (McCalla, Jon)

Nov. 8, 2013

Nov. 8, 2013

RECAP
3011

ORDER adopting Report and Recommendations re 2996 Report and Recommendations.. Signed by Judge Jon Phipps McCalla on 11/8/13. (McCalla, Jon)

Nov. 8, 2013

Nov. 8, 2013

RECAP
3012

ORDER adopting Report and Recommendations re 3004 Report and Recommendations.. Signed by Judge Jon Phipps McCalla on 11/8/13. (McCalla, Jon)

Nov. 8, 2013

Nov. 8, 2013

RECAP

Case Details

State / Territory: Tennessee

Case Type(s):

Intellectual Disability (Facility)

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

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:

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 4407398.52

Order Duration: 1994 - 2013

Content of Injunction:

Preliminary relief granted

Issues

General:

Assault/abuse by staff

Education

Food service / nutrition / hydration

Habilitation (training/treatment)

Neglect by staff

Restraints : physical

Special education

Disability:

Least restrictive environment

Mental Disability:

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run