Case: Dixon v. Weinberger

1:74-cv-00285 | U.S. District Court for the District of District of Columbia

Filed Date: April 8, 1986

Closed Date: March 30, 2014

Clearinghouse coding complete

Case Summary

In 1974, patients confined at the Federal Mental Institution (FMI) in the District of Columbia filed this class action lawsuit in the U.S. District Court for the District of Columbia. The plaintiffs filed under the Hospitalization of the Mentally Ill Act (HMIA), 21 D.C. Code §501, against the District of Columbia. The plaintiffs, represented by the Center for Law and Social Policy and the Mental Health Law Project, asked the court for a declaration of the following: 1) that they had a right to…

In 1974, patients confined at the Federal Mental Institution (FMI) in the District of Columbia filed this class action lawsuit in the U.S. District Court for the District of Columbia. The plaintiffs filed under the Hospitalization of the Mentally Ill Act (HMIA), 21 D.C. Code §501, against the District of Columbia. The plaintiffs, represented by the Center for Law and Social Policy and the Mental Health Law Project, asked the court for a declaration of the following: 1) that they had a right to treatment at facilities outside the FMI where such placement was determined to be consistent with the rehabilitative purposes of the HMIA; 2) that the District of Columbia and the federal government had a joint duty to provide for such treatment where appropriate; and 3) that this duty had been breached because there were numerous individuals in the hospital who had been determined to be in need of placement in such outside facilities, but who had been denied such placement.

On December 23, 1975, the U.S. District Court for the District of Columbia (Judge Aubrey E. Robinson, Jr.) granted partial summary judgment to the plaintiffs, holding: 1) that the plaintiffs had the right to the treatment in question where the institution had determined that such treatment was appropriate; 2) that the primary responsibility for exploring and providing alternative facilities at the commitment level rested upon the District of Columbia; 3) and that the District of Columbia and the federal government would bear the joint responsibility for provision of alternative facilities for individuals who were still in need of psychiatric care despite their readiness for placement in alternative facilities. Dixon v. Weinberger, 405 F.Supp. 974 (D.D.C. 1975).

In 1980, the District Court entered a Consent Order and Final Plan to implement the findings of its 1975 decision. The Plan had a target completion date of 1985, but the defendants were unable to meet their obligations under it. After extended negotiations, the parties agreed upon a Service Development Plan, which was incorporated into another Consent Order of the Court on January 27, 1992.

In early 1993, the plaintiffs asked the court to hold the defendants in contempt for failure to meet the terms of the 1992 Consent Order. On May 14, 1993, the District Court (Judge Robinson) held that the defendants' failure stemmed from inability, rather than unwillingness, to meet the terms of the 1992 Order. To ensure progress, the Court appointed Dr. Danna Mauch as Special Master to monitor and report on implementation of the 1992 Consent Order. Dixon v. Kelly, No. 74-285, 1993 U.S. Dist. LEXIS 6511 (D.D.C., May 14, 1993).

In 1996, the plaintiffs asked the District Court to appoint a Receiver over the District of Columbia Commission on Mental Health Services (CMHS) due to repeated failures of defendants to comply with the Court's orders. On June 13, 1997, the District Court granted the request and approved the appointment of a Receiver. Dixon v. Barry, 967 F.Supp. 535 (D.D.C. 1997). On September 11, 1997, appointed Scott H. Nelson as the Receiver to administer the CMHS in accordance with its June 13, 1997 Order. The Court also terminated the duties of Special Master Mauch. The Receiver administered the operation of the CMHS until 2000.

On March 6, 2000, the District Court (Judge Thomas F. Hogan) entered a Consent Order which reflected the agreement of the parties as to the process by which to terminate the receivership and return the day-to-day operation of the mental health system to the District of Columbia. The District Court appointed Dennis R. Jones to act as Transitional Receiver.

The Transactional Receiver submitted a plan to the Court for the implementation of compliance with the various orders and decrees of the District Court. That plan called for the creation of a separate Department of Mental Health which would set mental health policy for D.C., certify and license mental health institutions and operate a hospital and core service agency. The District Court (Chief Judge Norma H. Johnson) approved the plan of the Transactional Receiver on April 2, 2001.

On May 23, 2002, the District Court entered an order terminating the receivership. The Court ordered that the former Transactional Receiver Dennis R. Jones be appointed as Monitor to ensure the defendants' compliance with the April 2, 2001 Plan.

On December 12, 2003 the parties agreed to a consent order that established 19 exit criteria that the Defendants were to seek to substantially comply with. The parties further agreed that once the District of Columbia substantially complied with each of the 19 criteria, the litigation was to be dismissed.

On September 4, 2009 the Defendant District of Columbia filled a motion to vacate the December 12, 2003 Consent Order and dismiss the litigation. The District of Columbia argued that it had remedied the statutory violation that had given rise to the Consent Order. Furthermore, the District argued that it had remedied the original systematic violations and had faced a "change in circumstances" recognized by the Supreme Court in Horne v. Flores, 129 S. Ct. 2579, 2593 (2009) which makes the continued enforcement of the Consent Decree inequitable. Lastly, the District of Columbia argued that it had substantially complied with the exit criteria established by the Court in 2003. From the date of the 2003 Consent Order, the District had filled 14 monitoring reports with the court detailing its progress substantially complying with the 19 exit criteria. As of the date of the motion, the Court monitor had moved 6 exit criteria to inactive status, and had found the district had made notable progress in regard to 6 additional exit criteria. Taken together, this progress, the District argued, rendered it in substantial compliance with the exit criteria established by the Court in the December 12, 2003 Consent Decree.

According to the Court Monitor's July 26, 2011 report to the court, the District of Columbia had complied with 14 of the 19 exit criteria. However, the Court did not act on Defendant's motion.

Instead, on September 8, 2011, the parties reached another class-action settlement agreement settling all remaining claims. The court retained jurisdiction to enforce the settlement. On February 16, 2012, the court approved the consent decree. The agreement would terminate on March 30, 2014, unless an enforcement action was filed before then. No enforcement action were filed and the case was finally closed in 2014.

Summary Authors

Justin Benson (8/31/2011)

Jessica Kincaid (2/13/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/9898451/parties/dixon-v-fenty/


Judge(s)
Attorney for Plaintiff

Burke, Susan L. (District of Columbia)

Burnim, Ira Abraham (District of Columbia)

Attorney for Defendant

Adams, Eugene A. III (District of Columbia)

Dodge, John D (District of Columbia)

Expert/Monitor/Master/Other

Duncan, Robert Bruce (District of Columbia)

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Documents in the Clearinghouse

Document

1:74-cv-00285

Docket (PACER)

Dixon v. Fenty

July 22, 2014

July 22, 2014

Docket

1:74-cv-00285

Opinion

Dec. 23, 1975

Dec. 23, 1975

Order/Opinion

405 F.Supp. 405

1:74-cv-00285

Findings of Fact and Conclusions of Law

Dixon v. Kelly

May 14, 1993

May 14, 1993

Order/Opinion

1993 U.S.Dist.LEXIS 1993

105

1:74-cv-00285

Memorandum Opinion

Dixon v. Barry

June 13, 1997

June 13, 1997

Order/Opinion

967 F.Supp. 967

143

1:74-cv-00285

Order

Dixon v. Williams

March 6, 2000

March 6, 2000

Settlement Agreement
161

1:74-cv-00285

Memorandum and Order

Dixon v. Williams

March 28, 2001

March 28, 2001

Order/Opinion
208

1:74-cv-00285

Consent Order Terminating and Vacating Receivership Prospectively, Appointing Monitor and Approving Agreed Exit Criteria

Dixon v. Williams

May 22, 2002

May 22, 2002

Settlement Agreement
242

1:74-cv-00285

Consent Order Approving Agreed Exist Criteria With Measuring Methodology and Performance Levels

Dixon v. Williams

Dec. 12, 2003

Dec. 12, 2003

Settlement Agreement
265

1:74-cv-00285

Consent Order

Dixon v. Williams

Nov. 16, 2006

Nov. 16, 2006

Settlement Agreement
295-1

1:74-cv-00285

Status Report of Defendants Regarding Court Monitor Recommendations

Dixon v. Williams

No Court

Jan. 4, 2007

Jan. 4, 2007

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/9898451/dixon-v-fenty/

Last updated April 21, 2024, 3:14 a.m.

ECF Number Description Date Link Date / Link

--- ALL DOCKET ENTRIES PRIOR TO 5/16/95 WILL BE FOUND ON THE MANUAL DOCKET SHEETS --- (ks)

May 16, 1995

May 16, 1995

PACER

MOTIONS HEARING before Judge Aubrey E. Robinson: taken under advisement Reporter: Christy Masri (ks)

May 17, 1995

May 17, 1995

PACER
1

ORDER by Judge Aubrey E. Robinson : directing that the District shall pay the vendors specifiled amounts (See Order for amounts) (N) (ks) (Entered: 05/17/1995)

May 17, 1995

May 17, 1995

PACER
2

ORDER by Judge Aubrey E. Robinson : directing that the parties conduct a joint meeting, or series of meetings if necessary, with the Dixon Special Master for the purpose of modifying the Settlement Agreement; and that no later than 5/22/95, the parties shall submit proposed Amendments to the Settlement Agreement addressing the areas set forth in the first ordering paragraph (See Order for details) (N) (ks) (Entered: 05/18/1995)

May 17, 1995

May 17, 1995

PACER
3

SUBMISSION by defendant MARION BARRY of fourth annual implementation timetable, pursuant to Court's Order of 1/23/92 and the 4/28/95 Agreement; Attachments (ks) (Entered: 05/19/1995)

May 18, 1995

May 18, 1995

PACER
4

ORDER FOR COMPENSATION by Judge Aubrey E. Robinson : that the Dixon Special Master Operations Account be paid the sum of TWENTY THOUSAND SIX HUNDRED TWENTY DOLLARS AND SEVENTY FOUR CENTS ($20,620.74) for services and expenses of the Office of the Special Master for the month of March of 1995; that this payment be drawn from the Office of the Special Master Fund Account established by previous orders of this Court. (N) (dot) (Entered: 05/22/1995)

May 22, 1995

May 22, 1995

PACER
5

ORDER by Judge Aubrey E. Robinson : that the first ordering paragraph of this Court's Order filed November 24, 1993 directing that the Special Master be paid the sum of THIRTY SIX THOUSAND SEVEN HUNDRED FOUR DOLLARS AND SIXTY TWO CENTS ($36,704.62) be and hereby is MODIFIED to direct payment to the DIXON Special Master in the amount of SEVENTEEN THOUSAND FIVE HUNDRED THIRTY NINE DOLLARS AND SIXTEEN CENTS ($17, 539.16) for services and expenses of the Office of the Special Master for the month of October, 1993; that the first ordering paragraph of this Court's Order filed August 10, 1994 directing that the Special Master be paid the sum of FIFTY NINE THOUSAND THREE HUNDRED EIGHT DOLLARS AND THIRTY FIVE CENTS ($59,308.35) be and hereby is MODIFIED to direct payment to the DIXON Special Master in the amount of SEVENTY TWO THOUSAND ONE HUNDRED THREE DOLLARS AND SEVENTY THREE CENTS ($72,103.73) for services and expenses of the Office of the Special Master for the months of March, April and May of 1994. (N) (dot) (Entered: 05/22/1995)

May 22, 1995

May 22, 1995

PACER
6

NOTICE OF FILING by plaintiff WILLIAM DIXON, defendant MARION BARRY of of a letter Agreement, approved by the Special Master; Appendix (ks) (Entered: 05/24/1995)

May 23, 1995

May 23, 1995

PACER
7

ORDER by Judge Aubrey E. Robinson : that the Settlement Agreement be and hereby is incorporated by reference into this Order; that the Letter Agreement be and hereby is incorporated by reference into this Order; that the Settlement Agreement and the Leter Agreement shall define the rights and obligations of the parties under this Order; that the District shall transfer to the Dixon Immplementation Monitoring Committee within 30 days of the file-stamped date on this Order the sum of SEVENTY FIVE THOUSAND DOLLARS ($75,000.00), to be used for the full compensation of the consultants selected by the parties in accordance with the Settlement Agreement; that if defendants miss a dealine set forth under Objective A of the Settlement Agreement, defendants shall incur monetary penalties for each deadline missed, such penalties to begin three business days after the deadline expiration, in accordance with the following schedule: $50.00 a day for the first week of delay; $100.00 a day for the second week; $150.00 a day for the third week; and $200.00 a day for each week thereafter; that any monetary penalties assessed pursuant to this Order shall be paid into a fund to be administered by the DIMC, which shall expend all such funds for the provision of direct services to DIXON class members; that the monetary penalties authorized by this Order shall terminate at the end of the 120-day period set forth in the Settlement Agreement; that should defendants fail to comply with the obligations set forth in either the Settlement Agreement or the Letter Agreement, plaintiffs shall notify the court forthwith and submit proposed dates for a hearing on plaintiffs' motion for expansion of the Powers of the Special Master. (N) (dot) (Entered: 05/26/1995)

May 25, 1995

May 25, 1995

PACER
8

NOTICE OF FILING by plaintiff WILLIAM DIXON, defendant MARION BARRY of the original of the Letter of Agreement; Attachment (ks) (Entered: 05/30/1995)

May 25, 1995

May 25, 1995

PACER
9

ORDER by Judge Aubrey E. Robinson : that the appointment of Dr. Danna Mauch, as Special Master, be extended for one calendar year, from June 1, 1995 to May 31, 1996; that the powers and duties of the Special Master, as set forth in paragraphs 1 through 14 of this Court's Order filed May 14, 1993, are continued in full force and effect; that no later than June 9, 1995, the Special Master shall submit to the Court with copies to counsel for the parties her proposed budget for the 1995-1996 appointment year; that no later than June 23, 1995, the parties shall file objectons, if any, to the Special Master's proposed budget; that defendants, by any reasonable method of their choosing, shall provide funds for deposit into the checking account previously created by the Special Master for the purpose of implementing this Court's orders, in accordance with a schedule to be determined after the Special Master's budget is approved by the Court; that the Special Masster shall serve upon counsel for the parties a copy of each request for compensation, with supporting documentation if requested by either party or the Court, when and in the same manner she submits such requests to the Court, and defendants shall have ten business days within which to file any objections; that the bank at which the checking account is maintained shall not release to the Special Master, and the Special Master shall not request from the bank, any monies out of the account unless the Special Master presents to the bank a true copy of an order of the Court permitting access to an amount certain in the account. Upon receipt of such order of the Court the bank may release, and the Special Master may withdraw, any amount up to and including the amount stated in such order; that the monies shall be held in an interestbearing account, which interest shall revert to the District upon closure of the account, which shall be no later than September 30, 1996, unless otherwise agreed to by the parties; that any amounts remaining in the account at the end of the term of the Special Master, after all fees and expense applications covering activities during the term of the Special Master are fully processed, shall be paid back to defendants; that the Special Master shall provide a copy of this Order to the bank at which the account is maintained; that defendants' obligations under Article VI of this Court's Order filed January 28, 1992 be suspended during Dr. Mauch's tenure as Special Master; that all other provisions of this Court's Order filed January 28, 1992 remain in full force and effect. (N) (dot) (Entered: 05/31/1995)

May 31, 1995

May 31, 1995

PACER
10

TRANSCRIPT filed of motion hearing for date(s) of 5/17/95. Reporter: Christi Macri (ks) (Entered: 06/07/1995)

June 6, 1995

June 6, 1995

PACER
13

CERTIFIED COPY of order filed in USCA dated 6/2/95, on, dismissing appeal . USCA # 95-5134 (cjp) (Entered: 06/09/1995)

June 7, 1995

June 7, 1995

PACER
11

ORDER by Judge Aubrey E. Robinson : that the District of Columbia shall make the following payments to these vendors: Anchor Mental Health, Psychosocial $24,336.75 Mobile Treatment $126,161.00; Andromeda Transcultural $11,142.54; Barney Neighborhood House $13,566.26; Careco $23,249.00; Community Connections, Crisis Beds $57,66.00, Support $173,945.56, Residential $63,037.27; Defense Logistics Agency $234,303.78; Friendship House $10,307.07; JMC Inc., Crisis $35,767.00, Residential $48,451.79, $76,224.86, $67,364.62; Potomac Residence $27,757.00; Psychiatric Center, Chartered $26,812.43; Threshhold $4,575.00; Some, Inc. $13,013.00, $8,507.94; United States Public Health Service $621,841.79. (N) (dot) (Entered: 06/08/1995)

June 8, 1995

June 8, 1995

PACER
12

MOTION filed by defendant MARION BARRY to pay vendors who have provided services to Dixon class members without benefits of contracts (ks) (Entered: 06/09/1995)

June 8, 1995

June 8, 1995

PACER
14

ORDER by Judge Aubrey E. Robinson : that the DIXON Special Master Operations Account be paid the sum of #34,133.21 for services and expenses of the Office of the Special Master for the months of April and May of 1995; that this payment be drawn from the Office of the Special Master Fund Account established by previous orders of this Court. (N) (dot) (Entered: 06/19/1995)

June 19, 1995

June 19, 1995

PACER
15

TRANSCRIPT filed of status call for date of 3/13/95. Reporter: Harry Deutsch (ks) (Entered: 06/23/1995)

June 22, 1995

June 22, 1995

PACER
17

OBJECTIONS by defendant MARION BARRY to the proposed Budget of the Special Master (ks) (Entered: 06/27/1995)

June 23, 1995

June 23, 1995

PACER
18

MOTION filed by defendant MARION BARRY to substitute parties (ks) (Entered: 06/27/1995)

June 23, 1995

June 23, 1995

PACER
16

ORDER by Judge Aubrey E. Robinson : granting motion to substitute parties; that SHARON PRATT KELLY be and hereby is stricken from the caption as the lead defendant; that MARION BARRY, JR. be and hereby is substituted in the caption as the lead defendant; that the caption be and hereby is revised to reflect the title as WILLIAM DIXON, ET AL v. MARRION BARRY, JR., ET AL. (N) (dot) (Entered: 06/26/1995)

June 26, 1995

June 26, 1995

PACER
19

NOTICE OF FILING by defendant MARION BARRY of supplement to their oppositions to the Proposed Budget to the Special Master; Attachments (ks) (Entered: 06/27/1995)

June 26, 1995

June 26, 1995

PACER
20

WITHDRAWAL OF OBJECTIONS by defendant MARION BARRY to Special Master's proposed revised budget. (bm) (Entered: 08/07/1995)

Aug. 4, 1995

Aug. 4, 1995

PACER

MOTION HEARING before Judge Aubrey E. Robinson Reporter: Theresa Sorenson (dot)

Aug. 4, 1995

Aug. 4, 1995

PACER
21

ORDER by Judge Aubrey E. Robinson : that defendants pay the Special Master the sum of $260,820.00 for the 1995-1996 appointment year; that no later than 8/21/95, defendants shall transfer the sum of $130,000.00 to the Office of the Special Master Fund Account; that no later than 12/1/95, defendants shall transfer the sum of $130,820.00 to the Office of the Special Master Fund Account; that all provisions of this Court's Order filed 5/31/95 remain in full force and effect. (N) (dot) (Entered: 08/07/1995)

Aug. 4, 1995

Aug. 4, 1995

PACER
22

MOTION filed by defendant MARION BARRY to substitute the withdrawal of objections to Special Master's proposed revised Budget ; EXHIBIT (SUBSTITUTED WITHDRAWAL OF OBJECTIONS) (ks) (Entered: 08/11/1995)

Aug. 10, 1995

Aug. 10, 1995

PACER
23

ORDER by Judge Aubrey E. Robinson : granting motion to substitute the withdrawal of objections to Special Master's proposed revised Budget [22-1] by MARION BARRY; directing Clerk to file defendants' Substituted Withdrawal of Objections to the Special Master's Proposed Revised Budget. (N) (dot) (Entered: 08/11/1995)

Aug. 11, 1995

Aug. 11, 1995

PACER
28

NOTICE OF FILING by defendant MARION BARRY of substituted withdrawal of objections to Speical Master's proposed revised budget (ks) (Entered: 10/03/1995)

Aug. 11, 1995

Aug. 11, 1995

PACER
24

ORDER by Judge Aubrey E. Robinson : parties shall appear for a hearing on the status of compliance with the Settlement Agreement and the Supplemental Letter Agreement on 10:00 9/8/95 ; (N) (ks) (Entered: 08/24/1995)

Aug. 24, 1995

Aug. 24, 1995

PACER

SCHEDULING NOTICE: status hearing on compliance with the 4/28/95 Settlement Agreement set for 11:00 9/14/95 ; before Judge Aubrey E. Robinson . (ks)

Sept. 7, 1995

Sept. 7, 1995

PACER

SCHEDULING NOTICE: status hearing on compliance with the 4/28/95 Settlement Agreement re-set for 1:00 9/19/95 ; before Judge Aubrey E. Robinson . (ks)

Sept. 11, 1995

Sept. 11, 1995

PACER
25

ORDER by Judge Aubrey E. Robinson : that Matthew S. Yeo be and hereby is permitted to appear on behalf of the plaintiffs for all purposes. (N) (dot) (Entered: 09/18/1995)

Sept. 18, 1995

Sept. 18, 1995

PACER
26

MOTION filed by plaintiff WILLIAM DIXON for Matthew S. Yeo to appear pro hac vice ( COVINGTON & BURLING 1201 Pennsylvania Ave., NW, Washington, D.C. 20044, (202) 662-5457 ) ; Certificate (1) (ks) (Entered: 09/19/1995)

Sept. 18, 1995

Sept. 18, 1995

PACER

STATUS HEARING before Judge Aubrey E. Robinson : Reporter: Vernell Marshall (dot)

Sept. 19, 1995

Sept. 19, 1995

PACER
27

SUBMISSION OF JOINT REPORT by plaintiff WILLIAM DIXON, defendant MARION BARRY on status of Objectives in the 1995 Agreement; Report (Bulky) (ks) (Entered: 10/02/1995)

Sept. 29, 1995

Sept. 29, 1995

PACER
29

ORDER by Judge Aubrey E. Robinson : that the Dixon Special Master Operations Account be paid the sum of $39,206.53 for the services and expenses of Dr. Mauch, her staff and expert consultants; and that this payment be drawn from the Office of the Special Master Fund Account extablished by previous Orders of this Court (N) (ks) Modified on 10/13/1995 (Entered: 10/10/1995)

Oct. 10, 1995

Oct. 10, 1995

PACER
30

ORDER by Judge Aubrey E. Robinson : that the Dixon Special Master Operations Account be paid the sum of $16,671.42 for the services and expenses of Dr. Mauch, her staff and expert consultants; that this payment be drawn from the Office of the Special Master Fund Account established by previous orders of this Court. (N) (dot) (Entered: 10/10/1995)

Oct. 10, 1995

Oct. 10, 1995

PACER
31

NOTICE OF FILING by plaintiff WILLIAM DIXON of submission of the Dixon Implementation Monitoring Committee's proposed budget for FY 96 (ks) (Entered: 10/19/1995)

Oct. 18, 1995

Oct. 18, 1995

PACER
32

ORDER by Judge Aubrey E. Robinson : that plaintiffs will provide to the court an accounting of monitoring expenses for the period 10/1/94 to 9/30/95 by 11/15/95. Any funds designated for monitoring activities by the Dixon Implementation Monitoring Committee that were unspent during this period may be carried over for monitoring activities in the period 10/1/95 through 9/30/96; that in addition to carry-over funds the District of Columbia shall provide $180,000 to the Bazelon Center for Mental Health Law as fiscal agent for the Dixon Implementation Monitoring Committee for monitoring activities during the period 10/1/95 to 9/30/96(N) (dot) (Entered: 10/19/1995)

Oct. 19, 1995

Oct. 19, 1995

PACER
33

MOTION filed by plaintiff WILLIAM DIXON for temporary restraining order ; affidavit of Robert R. Moon, MSW; attachment. (bm) (Entered: 11/15/1995)

Nov. 15, 1995

Nov. 15, 1995

PACER

MOTION HEARING before Judge Aubrey E. Robinson for Temporary Restraining Order heard and taken under advisement; witness: Helen Bergman; Reporter: Zephyra Hatcher (dot)

Nov. 15, 1995

Nov. 15, 1995

PACER
34

ORDER by Judge Aubrey E. Robinson : that the defendants shall classify the following services as "essential services": Medication and pharmacy clinics; Case management (regular, intensive, and community outreach); Homeless services, including mobile treatment; Day treatment; Psychosocial and rehabilitation services, as defined by the Service Development Plan; Drop-in center; Allied therapies; Specialty medical clinics; Medical records; and Intake, assessment, and referral; defendants shall continue to provide these services during the period of partial government closure; defendants shall provide these services at the Community Mental Health Centers and through private service providers under contract to the District of Columbia commission on Mental Health Services; defendants shall immediately notify all relevant government personnel and private contractors that they are to resume opperation of these services. (N) (dot) (Entered: 11/17/1995)

Nov. 16, 1995

Nov. 16, 1995

PACER
35

MOTION filed by plaintiff WILLIAM DIXON for temporary restraining order to compel defendants to pay outstanding obligations to providers of DIXON class services (ks) (Entered: 12/04/1995)

Dec. 4, 1995

Dec. 4, 1995

PACER

MOTION HEARING before Judge Aubrey E. Robinson for Temporary Restraining Order; witness(es) Anthony Williams; Reporter: Susan Tyner (dot)

Dec. 4, 1995

Dec. 4, 1995

PACER
36

ORDER by Judge Aubrey E. Robinson : granting motion for temporary restraining order to compel defendants to pay outstanding obligations to providers of DIXON class services by Friday, 12/8/95. [35-1] by WILLIAM DIXON (N) (ks) (Entered: 12/07/1995)

Dec. 6, 1995

Dec. 6, 1995

PACER
37

ORDER FOR COMPENSATION by Judge Aubrey E. Robinson : that the Dixon special Master Operations Account be paid the sum of $20,538.69 for the services and expenses of Dr. Mauch, her staff and expert consultants; that this payment be drawn from the Office of the Special Master Fund Account established by previous orders of this Court; attachment. (N) (dot) (Entered: 12/14/1995)

Dec. 14, 1995

Dec. 14, 1995

PACER
38

ORDER by Judge Aubrey E. Robinson : that the Dixon Special Master Operations Account be paid the sum of $39,275.06 for the services and expenses of Dr. Mauch, her staff and expert consultants; that this payment be drawn from the Office of the Special Master Fund Account established by previous orders of this Court; attachment. (N) (dot) (Entered: 12/18/1995)

Dec. 15, 1995

Dec. 15, 1995

PACER
39

JOINT MOTION by plaintiff WILLIAM DIXON, defendant MARION BARRY for adoption of settlement agreement and to dismiss without prejudice plaintiffs' motion for expansion of the powers of the Special Master ; Attachments (ks) (Entered: 01/30/1996)

Jan. 29, 1996

Jan. 29, 1996

PACER

STATUS HEARING before Judge Aubrey E. Robinson : hearing on consent decree set for 10:00 2/7/96; Reporter: Gloria Williams (dot) Modified on 01/31/1996

Jan. 30, 1996

Jan. 30, 1996

PACER

SCHEDULING NOTICE: hearing on consent decree set for 10:00 2/7/96 ; before Judge Aubrey E. Robinson . (dot)

Jan. 31, 1996

Jan. 31, 1996

PACER
40

JOINT MOTION by plaintiff, defendant for payment of funds (ks) (Entered: 02/06/1996)

Feb. 5, 1996

Feb. 5, 1996

PACER
43

NOTICE by plaintiff WILLIAM DIXON, defendant MARION BARRY of amended Settlement agreement; Attachments (ks) (Entered: 02/26/1996)

Feb. 5, 1996

Feb. 5, 1996

PACER

HEARING before Judge Aubrey E. Robinson : on Consent Decree; Reporter: Pam Briggle, Miller Reporting Co. (ks)

Feb. 7, 1996

Feb. 7, 1996

PACER
41

ORDER by Judge Aubrey E. Robinson : granting joint motion for payment of funds [40-1] by MARION BARRY, WILLIAM DIXON; that the District shall, within 45 days of this Order, pay to the Bazelon Center for Mental Health Law the sum of Sixty Thousand Dollars ($60,000.00) to be used exclusively for the payment to consultants retained under the December 1995 Agreement. (N) (dot) (Entered: 02/08/1996)

Feb. 7, 1996

Feb. 7, 1996

PACER
42

JOINT CONSENT ORDER by Judge Aubrey E. Robinson : granting joint motion for adoption of settlement agreement and to dismiss without prejudice plaintiffs' motion for expansion of the powers of the Special Master [39-1] by MARION BARRY, WILLIAM DIXON; that the Agreement entered into by the parties to this action on 12/19/95 and subsequently amended as attached to this Order, shall be incorporated by reference and shall define the rights and obligations of the parties under this Order; that plaintiff's motion for expansion of the powers of Special master, filed with this court on 3/9/96, be and hereby is dismissed without prejudice; attachment. (N) (dot) (Entered: 02/08/1996)

Feb. 7, 1996

Feb. 7, 1996

PACER
44

ORDER FOR COMPENSATION by Judge Aubrey E. Robinson : that the Dixon special Master Operations Account be paid the sum of $59,202.11 for the services and expenses of Dr. Mauch, her staff and expert consultants; that this payment be drawn from the Office of the Special Master Fund Account established by previous orders of this Order. (N) (dot) (Entered: 03/07/1996)

March 5, 1996

March 5, 1996

PACER
45

MOTION filed by plaintiff WILLIAM DIXON for temporary restraining order (ks) (Entered: 04/16/1996)

April 15, 1996

April 15, 1996

PACER

MOTION HEARING before Judge Aubrey E. Robinson Reporter: Robert H. Haines (ks)

April 16, 1996

April 16, 1996

PACER
46

ORDER by Judge Aubrey E. Robinson : that the District of Columbia, through its Department of Human Services' Controller, shall schedule for payment all Dixon invoices within thirty days of receipt by the Commission on Mental Health Services, and payment shall be made within forty five days of receipt of the invoice, except for reasonable cause. If payment is not scheduled within the thirty day period, the Controller of the Department of Human Services shall notify counsel for the District of Columbia, who shall then notify the plaintiffs and the Special Master. (N) (dot) (Entered: 04/23/1996)

April 23, 1996

April 23, 1996

PACER
47

JOINT MOTION by defendant MARION BARRY to substitute attachment to joint consent Order dated 2/7/96 ; EXHIBIT (AMENDED SETTLEMENT AGREEMENT) (ks) (Entered: 05/01/1996)

May 1, 1996

May 1, 1996

PACER
48

ORDER by Judge Stanley S. Harris : granting joint motion to substitute attachment to joint consent Order dated 2/7/96 [47-1] by MARION BARRY amending order [42-1], and that the attached Agreement shall be substituted as the Agreement to be implemented by the parties. (N) (dot) (Entered: 05/02/1996)

May 2, 1996

May 2, 1996

PACER
51

NOTICE OF FILING by defendant MARION BARRY of attachments to the joint Consent Order dated 2/7/96. (ks) (Entered: 07/12/1996)

May 2, 1996

May 2, 1996

PACER
49

TRANSCRIPT filed of hearing via Telephonic Communication for dates of 4/16/96. Reporter: Robert H. Haines, Miller Reporting Company, Inc. (ks) (Entered: 05/10/1996)

May 9, 1996

May 9, 1996

PACER
50

ORDER by Judge Stanley S. Harris : withdrawing Leonard S. Rubenstein as attorney for WILLIAM DIXON attorney Leonard S. Rubenstein for WILLIAM DIXON (N) (dot) (Entered: 05/22/1996)

May 22, 1996

May 22, 1996

PACER
52

MOTION filed by plaintiff WILLIAM DIXON for adoption of order (ks) (Entered: 08/21/1996)

Aug. 20, 1996

Aug. 20, 1996

PACER
53

ERRATA by plaintiff WILLIAM DIXON regarding error in plaintiff's motion for adoption of order filed 8/20/96, vendors listed on order was "HOME BOX OFFICE & COMPANY"; correct name is "HBO & COMPANY" (blj) (Entered: 08/27/1996)

Aug. 26, 1996

Aug. 26, 1996

PACER
54

ORDER by Judge Aubrey E. Robinson : granting motion for adoption of order [52-1] by WILLIAM DIXON; that the follwing vendors shall be considered providers of DIXON class services for the purposes of this Court's order of 4/23/96, requiring timely payment to DIXON class providers: (see order). (N) (dot) (Entered: 09/10/1996)

Sept. 10, 1996

Sept. 10, 1996

PACER
55

ATTORNEY APPEARANCE for plaintiff WILLIAM DIXON by Ira A. Burnim (ks) (Entered: 09/12/1996)

Sept. 11, 1996

Sept. 11, 1996

PACER
56

ORDER by Judge Aubrey E. Robinson : amending this Court's Order of 9/10/96; that the vendors Home Box Office & Company (ADP) and Home Box Office & Company (Business Office) are not considered providers of DIXON class services for the purposes of this Court's order of 4/23/96, requiring timely payment to DIXON class providers; that the vendors HBO & Company (ADP) and HBO & Company (Business Office) are considered providers of DIXON class services for the purposes of this Court's order of 4/23/96, requiring timely payment to DIXON class providers. (N) (dot) (Entered: 09/13/1996)

Sept. 13, 1996

Sept. 13, 1996

PACER
57

MOTION filed by plaintiff WILLIAM DIXON to withdraw Shelley R. Jackson as attorney for WILLIAM DIXON (ks) (Entered: 10/04/1996)

Oct. 3, 1996

Oct. 3, 1996

PACER
58

MOTION filed by plaintiff WILLIAM DIXON for reappointment of the Special Master Dr. Danna F. Mauch as Special Master and approval of the DIMC's Budget for FY 1997 ; Attachment. (ks) (Entered: 10/15/1996)

Oct. 11, 1996

Oct. 11, 1996

PACER
59

ORDER by Judge Aubrey E. Robinson : granting motion for reappointment of the Special Master Dr. Danna F. Mauch as Special Master effective 6/1/96, for a period ending 5/31/97, with all the powers enumerated in the Court's Order of 5/14/93; and approval of the DIMC's Budget for FY 1997 [58-1] by WILLIAM DIXON; and that the District of Columbia shall provide $195,000, less any amount remaining from last year's budget, to the Bazelon Center for Mental Health Law as fiscal agent for the Dixon Implementation monitoring Committee for monitoring activities during the period 10/1/96, through 9/30/97; this money shall not be due until the DIMC has provided a full accounting of funds for FY 1996; and that plaintiffs will provide to the Court an accounting of the Dixon Implementation monitoring Committee's expenses for the period 10/1/95, through 9/30/96. (N) (ks) (Entered: 11/01/1996)

Nov. 1, 1996

Nov. 1, 1996

PACER
60

ORDER by Judge Aubrey E. Robinson : that the Dixon Special Master Operations Account be paid the sum of $78,616.18 for the services and expenses of Dr. Mauch, her staff and expert consultants; that this payment be drawn from the office of the Special Master Fund Account established by previous orders of this Court. (N) (dot) (Entered: 11/21/1996)

Nov. 21, 1996

Nov. 21, 1996

PACER
61

MOTION filed by plaintiff WILLIAM DIXON for appointment of a Receiver ; Appendices (5) (Bulky). (ks) (Entered: 12/18/1996)

Dec. 17, 1996

Dec. 17, 1996

PACER
62

MOTION filed by defendant MARION BARRY to extend time to 1/13/97 to file their opposition to plaintiffs' motion for appointment of receiver (blj) (Entered: 12/23/1996)

Dec. 20, 1996

Dec. 20, 1996

PACER
63

ORDER by Judge Ricardo M. Urbina for Judge Aubrey E. Robinson, Jr. : granting motion to extend time to 1/13/97 to file their response to plaintiffs' motion for appointment of receiver [62-1] by MARION BARRY (N) (ks) Modified on 01/02/1997 (Entered: 01/02/1997)

Jan. 2, 1997

Jan. 2, 1997

PACER
66

MOTION filed by Non Party JEAN HARRIS to be heard in opposition to plaintiff's motion for Appointment of a Receiver over the District of Columbia's Mental health System ; Exhibits (2). "Leave to file Granted" (fiat) JUDGE ROBINSON (ks) (Entered: 01/14/1997)

Jan. 7, 1997

Jan. 7, 1997

PACER
64

MOTION filed by defendant MARION BARRY to extend time to 1/15/97 to file their opposition to plaintiffs' motion for appointment of receiver (blj) (Entered: 01/10/1997)

Jan. 9, 1997

Jan. 9, 1997

PACER
65

ORDER by Judge Aubrey E. Robinson : granting motion to extend time to 1/15/97 to file their opposition to plaintiffs' motion for appointment of receiver [64-1] by MARION BARRY; response to motion(s) due by 1/15/97. (N) (dot) (Entered: 01/13/1997)

Jan. 13, 1997

Jan. 13, 1997

PACER
67

RESPONSE by defendant MARION BARRY in opposition to motion for appointment of a Receiver [61-1] by WILLIAM DIXON; Affidavits (3); Exhibits (10). (Bulky) (ks) (Entered: 01/16/1997)

Jan. 15, 1997

Jan. 15, 1997

PACER
68

MOTION filed by defendant MARION BARRY to substitute affidavit of Wanda Moorman in their opposition to the motion for Receiver ; Affidait (1). (ks) (Entered: 01/17/1997)

Jan. 16, 1997

Jan. 16, 1997

PACER
69

ATTORNEY APPEARANCE for plaintiff WILLIAM DIXON by Philip A. Nickles (Not a member of our Court). (ks) (Entered: 01/21/1997)

Jan. 17, 1997

Jan. 17, 1997

PACER
70

ORDER by Judge Aubrey E. Robinson : granting motion to substitute affidavit of Wanda Moorman in their opposition to the motion for Appointment of a Receiver [68-1] by MARION BARRY (N) (ks) (Entered: 01/22/1997)

Jan. 21, 1997

Jan. 21, 1997

PACER
71

JOINT MOTION by plaintiff WILLIAM DIXON, defendant MARION BARRY for adoption of scheduling order (ks) (Entered: 01/23/1997)

Jan. 22, 1997

Jan. 22, 1997

PACER
72

MOTION filed by plaintiff WILLIAM DIXON to extend time to 1/27/97 to file a reply to their motion for appointment of Receiver. (ks) (Entered: 01/23/1997)

Jan. 22, 1997

Jan. 22, 1997

PACER
73

ORDER by Judge Aubrey E. Robinson : granting motion to extend time to 1/27/97 to file a reply to their motion for appointment of Receiver. [72-1] by WILLIAM DIXON (N) (ks) (Entered: 01/23/1997)

Jan. 23, 1997

Jan. 23, 1997

PACER
74

SCHEDULING ORDER by Judge Aubrey E. Robinson granting joint motion for adoption of scheduling order [71-1] by MARION BARRY, WILLIAM DIXON defendant to file the first compliance report of the Dixon Administrator, as specified in Mayor's Order No. 96-172, as amended by Mayor's Order No. 97-6, due 2/20/97 ; that parties shall schedule all necessary depositions to occur betwwen 2/24/97 and 3/3/97; parties shall submit to the Court a list of witnesses and exhibits that each party intends to present at the hearing on plaintiff's motion for appointment of a Receiver; motion hearing for Appoint of a Reciver to begin on 9:30 3/11/97 ; (N) (ks) (Entered: 01/23/1997)

Jan. 23, 1997

Jan. 23, 1997

PACER
75

TRANSCRIPT filed of status call for date(s) of 2/7/96. Reporter: Pamela Briggle, Miller Reporting Co. (ks) (Entered: 01/27/1997)

Jan. 24, 1997

Jan. 24, 1997

PACER
76

REPLY by plaintiff WILLIAM DIXON to response to motion for appointment of a Receiver [61-1] by WILLIAM DIXON (ks) (Entered: 01/27/1997)

Jan. 27, 1997

Jan. 27, 1997

PACER
77

ORDER FOR COMPENSATION by Judge Aubrey E. Robinson: directing that the Dixon Special Master Operations Account be paid the sum of $103,402.95 for the services and expenses of Dr. Mauch, her staff and expert consultants; this payment be drawn from the Office of the Special Master Fund Account established by previous orders of this Court. (N) (bm) (Entered: 01/31/1997)

Jan. 31, 1997

Jan. 31, 1997

PACER
79

TRANSCRIPT filed of motions hearing for date(s) of 1/30/96. Reporter: Gloria Williams (ks) (Entered: 02/05/1997)

Feb. 3, 1997

Feb. 3, 1997

PACER
78

ORDER by Judge Aubrey E. Robinson : that this Court's Order for Compensation filed 1/31/97, be and hereby is stayed until 2/10/97, or until further Order of this Court. (N) (ks) (Entered: 02/04/1997)

Feb. 4, 1997

Feb. 4, 1997

PACER
80

OBJECTIONS by defendant MARION BARRY to Special Master's Request for compensation; Attachments. (ks) (Entered: 02/11/1997)

Feb. 10, 1997

Feb. 10, 1997

PACER
81

ORDER by Judge Aubrey E. Robinson : that the hearing on plaintiff's motion for appointment of a Receiver scheduled to commence on 3/11/97 is hereby continued until further order of this court. (N) (ks) (Entered: 02/11/1997)

Feb. 11, 1997

Feb. 11, 1997

PACER
82

ORDER by Judge James Robertson for Aubrey E. Robinson : granting motion for appointment of a Receiver [61-1] by WILLIAM DIXON; that defendants shall pay the Special Master as provided in the next two paragraphs of this order the sum of $227.850.00 for the 1996-1997 appointment year, which constitutes the 1996-1997 budget minus the 1995-1996 fund balance; and that no later than 3/28/97, defendants shall transfer the sum of $166,000.00 to the Office of the Special Master Fund Account; and that no later than 4/15/97, defendants shall transfer the sum of $61,850,00 to the Office of the Special Master Fund Account. (N) (ks) Modified on 03/18/1997 (Entered: 03/18/1997)

March 17, 1997

March 17, 1997

PACER
83

ORDER by Judge James Robertson : hearing on plaintiffs' motion for appointment of a Receiver set for 9:30 4/15/97 ; and that by 4/8/97, the parties shall submit to the court a list of witnesses and exhibits that each party intends to present at the hearing on plaintiffs' motion for Appointment of a Receiver. (N) (ks) (Entered: 03/25/1997)

March 21, 1997

March 21, 1997

PACER
84

MOTION filed by defendant MARION BARRY to continue the hearing set for 4/15/97. (ks) (Entered: 04/07/1997)

April 4, 1997

April 4, 1997

PACER
85

RESPONSE by plaintiff WILLIAM DIXON in opposition to motion to continue the hearing set for 4/15/97. [84-1] by MARION BARRY . (ks) (Entered: 04/07/1997)

April 4, 1997

April 4, 1997

PACER
86

MOTION filed by plaintiff WILLIAM DIXON for adoption of scheduling order (ks) (Entered: 04/07/1997)

April 4, 1997

April 4, 1997

PACER
87

SUBMISSION by defendant MARION BARRY of Fifth Annual Implementation Timetable; Attachments. (ks) (Entered: 04/07/1997)

April 4, 1997

April 4, 1997

PACER

MOTION HEARING before Judge Aubrey E. Robinson: denying defendant's motion for continuance of hearing; that the hearing on plaintiffs' motion for Appointment of a Receiver shall commence at 2:00 p.m. on 4/14/97; Reporter: Kay Mooney, Miller Reporting Co. (ks) Modified on 04/07/1997

April 7, 1997

April 7, 1997

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Mental Health (Facility)

Special Collection(s):

Court-ordered receiverships

Key Dates

Filing Date: April 8, 1986

Closing Date: March 30, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Patients confined at the Federal Mental Institution (FMI) in the District of Columbia

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Bazelon Center

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

District of Columbia (District of Columbia), Federal

Facility Type(s):

Government-run

Case Details

Causes of Action:

State law

Available Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Receivership

Reporting

Monitor/Master

Monitoring

Order Duration: 1975 - 2014

Issues

General/Misc.:

Classification / placement

Deinstitutionalization/decarceration

Jails, Prisons, Detention Centers, and Other Institutions:

Commitment procedure

Medical/Mental Health Care:

Mental health care, unspecified