Case: U.S. v. Tennessee

3:96-cv-01056 | U.S. District Court for the Middle District of Tennessee

Filed Date: Nov. 15, 1996

Closed Date: Sept. 8, 2017

Clearinghouse coding complete

Case Summary

In 1994, the United States Department of Justice investigated conditions at Clover Bottom Developmental Center in Nashville, Greene Valley Developmental Center in Greeneville, and Nat T. Winston Developmental Center in Bolivar, Tennessee. The investigation also included the Harold Jordon Habilitation Center, a program at Clover Bottom. The investigation revealed numerous violations of the constitutional and statutory rights of the developmentally delayed residents of the facilities. The Depa…

In 1994, the United States Department of Justice investigated conditions at Clover Bottom Developmental Center in Nashville, Greene Valley Developmental Center in Greeneville, and Nat T. Winston Developmental Center in Bolivar, Tennessee. The investigation also included the Harold Jordon Habilitation Center, a program at Clover Bottom. The investigation revealed numerous violations of the constitutional and statutory rights of the developmentally delayed residents of the facilities. The Department of Justice suspected that the abuse of residents by staff at Clover Bottom constituted criminal behavior.

On November 15, 1996, the United States filed this lawsuit in the U.S. District Court for the Middle District of Tennessee against the State of Tennessee on behalf of individuals residing at the three facilities. The complaint alleged numerous violations of the constitution, the Americans with Disabilities Act, and Tennessee state law. These included failure to provide education and adequate medical care, abusive treatment, and insufficient staffing. The lawsuit followed a similar private lawsuit filed against the state, People First of Tennessee v. Clover Bottom Developmental Center, Civ. No. 96-cv-01056 (M.D.Tenn.), ID-TN-0002 in the Clearinghouse, and essentially simultaneously with the complaint, the U.S. moved to consolidate the cases; this motion was granted two weeks later.

All three parties immediately settled, and the settlement was approved by Judge Echols in November of 1996. The state agreed to a number of changes, including the following:

• 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

For a record of compliance litigation information, please see ID-TN-0002.

The court monitored the settlement until September 8, 2017, when Chief Judge Waverly D. Crenshaw issued an order in a related case that stated the parties agreed that defendants had "completed and fulfilled" their obligations under the settlement.

The case is now closed.

Summary Authors

Angela Heverling (4/8/2007)

Brent Winslow (10/28/2016)

Timothy Leake (10/11/2018)

Related Cases

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

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

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

People


Judge(s)

Batchelder, Alice Moore (Ohio)

Echols, Robert L. (Tennessee)

Feikens, John (Michigan)

Nelson, David Aldrich (Ohio)

Attorneys(s) for Plaintiff

Bell, Aileen M. (District of Columbia)

Bowman, Robert C. (District of Columbia)

Derryberry, Jack W. (Tennessee)

Donehey, Darcey Kathleen (District of Columbia)

Edwards, Lisa Wilson (District of Columbia)

Frohboese, Robinsue (District of Columbia)

Judge(s)

Batchelder, Alice Moore (Ohio)

Echols, Robert L. (Tennessee)

Feikens, John (Michigan)

Nelson, David Aldrich (Ohio)

Attorneys(s) for Plaintiff

Bell, Aileen M. (District of Columbia)

Bowman, Robert C. (District of Columbia)

Derryberry, Jack W. (Tennessee)

Donehey, Darcey Kathleen (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)

Jackson, Shelley (District of Columbia)

Jones, Michelle A. (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)

Roberts, Richard W. (District of Columbia)

Rocah, David R. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Russell, Kevin K. (District of Columbia)

Schneider, Todd J. (District of Columbia)

Scott, Janine (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)

Dycus, Dianne Stanley (Tennessee)

Hubbard, William B. (Tennessee)

Maloy, Kathleen A. (Tennessee)

Documents in the Clearinghouse

Document

3:96-cv-01056

Docket (PACER)

Jan. 6, 2011

Jan. 6, 2011

Docket

3:96-cv-01056

Notice Letter re: CRIPA Investigation of Clover Bottom Developmental Center, Nashville; the Greene Valley Developmental Center, Greeneville; and the Nat T. Winston Devel., Ctr., Bolivar, Tennessee

No Court

June 22, 1994

June 22, 1994

Notice Letter

3:96-cv-01056

Findings Letter re: CRIPA Investigation of Greene Valley Developmental Center, Greeneville, Tennessee

No Court

Jan. 10, 1995

Jan. 10, 1995

Findings Letter/Report

3:96-cv-01056

Findings Letter re: CRIPA Investigation of Clover Bottom Developmental Center, Nashville, Tennessee

No Court

March 10, 1995

March 10, 1995

Findings Letter/Report

3:96-cv-01056

Findings Letter re: CRIPA Investigation of Nat T. Winston Developmental Center, Bolivar, Tennessee

No Court

May 12, 1995

May 12, 1995

Findings Letter/Report

3:96-cv-01056

Memorandum re: ""Placement of Undercover Employee at the Clover Bottom Developmental Center, a Facility for Developmentally Disabled, in Nashville, Tennessee"".

No Court

June 13, 1995

June 13, 1995

Pleading / Motion / Brief

3:96-cv-01056

Findings Letter re: Harold Jordan Habilitation Center (Jordan Center) a program of Clover Bottom Developmental Center

No Court

March 1, 1996

March 1, 1996

Findings Letter/Report

3:96-cv-01056

Complaint

Oct. 21, 1996

Oct. 21, 1996

Complaint

3:96-cv-01056

3:95-01227

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

People First of Tennessee v. Clover Bottom Developmental Center

Nov. 12, 1996

Nov. 12, 1996

Settlement Agreement
5

3:96-cv-01056

Order granting Motion to Consolidate

Dec. 2, 1996

Dec. 2, 1996

Order/Opinion

Docket

Last updated Aug. 30, 2022, 3:17 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

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

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

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

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

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

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

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

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

8

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

Dec. 29, 2009

Dec. 29, 2009

Bar status for attorney Samantha Trepel, NY verified as active this date. (km) (Entered: 01/04/2010)

Jan. 4, 2010

Jan. 4, 2010

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

9

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

Dec. 30, 2010

Dec. 30, 2010

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

Case Details

State / Territory: Tennessee

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 15, 1996

Closing Date: Sept. 8, 2017

Case Ongoing: No reason to think so

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, State

Clover Bottom Developmental Center (Nashville, Davidson), State

Greene Valley Developmental Center (Bolivar), State

Nat T. Winston Developmental Center (Greeneville), 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.

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

Constitutional Clause(s):

Due Process

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

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1996 - None

Issues

General:

Assault/abuse by staff

Education

Habilitation (training/treatment)

Neglect by staff

Restraints : physical

Sanitation / living conditions

Sexual abuse by residents/inmates

Special education

Staff (number, training, qualifications, wages)

Discrimination-basis:

Disability (inc. reasonable accommodations)

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