Case: U.S. v. Texas (DOJ CRIPA lawsuit involving many State Schools)

1:09-cv-00490 | U.S. District Court for the Western District of Texas

Filed Date: June 26, 2009

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 11, 2006, the U.S. Department of Justice's Civil Rights Division sent a "findings letter" to the governor of Texas, advising him of the results of its investigation into conditions and practices at the Lubbock State School ("LSS"), which housed people with developmental disabilities. The DOJ advised that its investigation found that conditions and services at LSS substantially departed from generally accepted standards of care. The DOJ issued additional "findings letters" on Decembe…

On December 11, 2006, the U.S. Department of Justice's Civil Rights Division sent a "findings letter" to the governor of Texas, advising him of the results of its investigation into conditions and practices at the Lubbock State School ("LSS"), which housed people with developmental disabilities. The DOJ advised that its investigation found that conditions and services at LSS substantially departed from generally accepted standards of care.

The DOJ issued additional "findings letters" on December 1, 2008 regarding its investigation of additional State-Sponsored Living centers (SSLCs) for people with intellectual and developmental disabilities (ID/DD) in Abilene, Austin, Benham, Corpus Christi, Denton, El Paso, Lufkin, Mexia, Richmond, San Angelo, and San Antonio, Texas. They identified significant deficiencies in care at these facilities and identified remedial measures to improve their care.

On June 26, 2009, the U.S. Attorney General filed suit against the state of Texas, the governor, the Texas Department of Aging and Disability, the Texas Department of State Health Services, and the superintendents of the thirteen state-operated facilities for people with ID/DD to whom it had issued findings letters. 2009 WL 2350318. The suit was filed in U.S. District Court for the Western District of Texas pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997. The complaint claimed violations of the Fourteenth Amendment's Due Process Clause, Title XIX of the Social Security Act, and the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132. It alleged that the facilities failed to provide its residents with reasonably safe conditions, adequate healthcare, adequate therapeutic or psychological services, or proper evaluation for placement in the most integrated settings. The A.G. sought injunctive relief to halt these unlawful practices and comply with the relevant laws.

On that same day, the parties filed a joint settlement agreement with the court regarding services provided for people with ID/DD in these facilities, as well as the transition of those individuals into the most integrated settings appropriate to their needs. 2009 WL 5053774. The settlement agreement included plans for improvement as well as ongoing monitoring and enforcement provisions. The agreement stated that the court would retain jurisdiction over the case for five years, provided the facilities had reached substantial compliance for at least one year. The case was assigned to Judge Sam Sparks.

Judge Sparks approved the parties' joint settlement agreement on June 27, 2009 and conditionally dismissed the suit subject to the appointment of monitors to evaluate ongoing efforts to comply with the agreement. Judge Sparks retained the court's jurisdiction to enforce the settlement agreement.

In January 2010, the monitors and expert consultants conducted baseline reviews of each facility. Beginning in July 2010, compliance reviews were completed every 6 months for each facility. This continued until 2015, with the exception of a three month period in 2013.

On October 11, 2012, Judge Sparks issued an order establishing parameters for the monitors and their communications with the Texas state legislature, allowing them to answer, decline, or postpone their responses to questions as they saw fit. It also allowed for counsel for the United States and the State of Texas and its relevant agencies to be present for these meetings between the monitors and legislature.

In January 2013, the parties agreed to delay the four-year report until June 2014. That same month, Judge Sparks approved the parties' request to postpone monitoring inspection dates to coincide with the postponement of the production of the four-year report.

In compliance with the deadline, the parties filed a joint report with the court by three monitors who had been visiting the facilities approximately every six months over the past four years on June 23, 2014. By the time the report was prepared, each facility had undergone seven compliance review visits. The monitors reported that the facilities made significant progress towards compliance with the agreement, but that it was unlikely that Texas would achieve substantial progress on most of the provisions any time soon. It noted that no facility was fully in compliance and that only 3 of the facilities had achieved substantial compliance with any substantive provision (e.g., minimum common elements of clinical care, protection from harm- restraints, etc.). They also made statewide recommendations for change across the centers. For example, it noted that system-wide action was sorely needed to decrease the use of restraints on patients for routine medical and dental care so that staff used restraints only when safe and appropriate. As an additional example, it noted that four facilities failed to timely report incidents and allegations of abuse and neglect within the facility and/or to law enforcement or protective services.

On August 29, 2014, the court granted the parties' joint motion to suspend late 2014 monitoring visits and set the next round of monitoring visits for 2015. In their motion requesting this order, the parties explained that they sought suspension of monitoring in order to restructure the monitoring approach to focus more directly on outcomes for individuals. They also provided recommendations for action across the state-supported living system.

The parties notified the court to agreed upon modifications to the monitoring framework moving forward on June 23, 2014. Over the course of the next three years, the parties negotiated an amended settlement agreement, reaching an agreement in June 2017. However, Texas sought additional changes after that, and so the parties reentered negotiations.

On September 1, 2021, the parties filed a joint motion to modify the settlement agreement (reflected in the court’s order of June 29, 2009) and continue the court’s retained jurisdiction. Specifically, the parties agreed to focus the State’s obligations more directly on improved outcomes for SSLC residents. On the same day, the case was reassigned to Judge Lee Yeakel. The court granted the parties’ joint motion to modify the settlement agreement on September 7, 2021.

On December 21, 2021, the monitors filed a motion for a protective order to protect their independent records and communications. This motion was based in part on the resignation of one of the two remaining monitors. In response, on September 23, 2022, the court ordered a status report due by October 24, 2022. On October 20, 2022, the parties submitted a joint status report regarding the monitor’s motion for a protective order. The parties agreed that the first monitor would turn over any documents in her possession, custody, and control related to this case to the second monitor. The parties also requested the court to enter an order denying the monitor’s motion for protective order as moot. On October 26, 2022, the court denied the motion’s monitor for protective order.

This case is ongoing.

Summary Authors

Mike Fagan (5/30/2008)

Veronica Portillo Heap (10/5/2018)

Stephanie Chin (3/8/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/48063175/parties/united-states-v-state-of-texas/


Judge(s)

Sparks, Sam (Texas)

Attorneys(s) for Plaintiff

Becker, Grace Chung (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Castillo, Daniel M (Texas)

Coles, Arethea (District of Columbia)

Dean, Kerry Krentler (District of Columbia)

Deerinwater, Verlin Hughes (District of Columbia)

Farano, Richard J. (District of Columbia)

Holder, Eric H. Jr. (District of Columbia)

Jansen, Regina (District of Columbia)

Judge(s)

Sparks, Sam (Texas)

Attorneys(s) for Plaintiff

Becker, Grace Chung (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Castillo, Daniel M (Texas)

Coles, Arethea (District of Columbia)

Dean, Kerry Krentler (District of Columbia)

Deerinwater, Verlin Hughes (District of Columbia)

Farano, Richard J. (District of Columbia)

Holder, Eric H. Jr. (District of Columbia)

Jansen, Regina (District of Columbia)

Kim, Wan J. (District of Columbia)

King, Loretta (District of Columbia)

Mazor, Marina (District of Columbia)

Murphy, John E. (Texas)

Roper, Richard B. III (Texas)

Smith, Jonathan Mark (District of Columbia)

Tayloe, Benjamin O. (District of Columbia)

Attorneys(s) for Defendant

Abbott, Greg (Texas)

Davis, James E. (Texas)

Eccles, James B. (Texas)

Hodge, Daniel (Texas)

Mattax, David C (Texas)

Morales, David Steven (Texas)

O’Keefe, Robert B. (Texas)

Paxton, Ken (Texas)

Roy, Charles E. (Texas)

Todd, James Carlton (Texas)

Other Attorney(s)

Eecles, James B. (Texas)

Documents in the Clearinghouse

Document

1:09-cv-00490

Docket [PACER]

U.S. v. Texas

Jan. 14, 2015

Jan. 14, 2015

Docket

Re: CRIPA Investigation of the Lubbock State School Lubbock, Texas

DOJ CRIPA Investigation of the Lubbock State School Lubbock, Texas

No Court

Dec. 11, 2006

Dec. 11, 2006

Findings Letter/Report

Statewide CRIPA Investigation of the Texas State Schools and Centers

Statewide DOJ CRIPA Investigation of the Texas State Schools and Centers

No Court

Dec. 1, 2008

Dec. 1, 2008

Findings Letter/Report
2

1:09-cv-00490

Settlement Agreement

U.S. v. Texas

June 26, 2009

June 26, 2009

Settlement Agreement
1

1:09-cv-00490

Complaint

U.S. v. Texas

June 26, 2009

June 26, 2009

Complaint
4

1:09-cv-00490

Order Granting Joint Motion for Entry of Settlement Agreement

U.S. v. Texas

June 29, 2009

June 29, 2009

Order/Opinion
16

1:09-cv-00490

Order

U.S. v. Texas

Oct. 11, 2012

Oct. 11, 2012

Order/Opinion
19

1:09-cv-00490

Order

U.S. v. Texas

Jan. 7, 2013

Jan. 7, 2013

Order/Opinion
21-1

1:09-cv-00490

Four-Year Report

U.S. v. Texas

June 23, 2014

June 23, 2014

Monitor/Expert/Receiver Report
23

1:09-cv-00490

Joint Motion for Postponement in, and Changes in Timing of, Monitoring Visits

U.S. v. Texas

Aug. 26, 2014

Aug. 26, 2014

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/48063175/united-states-v-state-of-texas/

Last updated May 27, 2023, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( Filing fee $ 350 waived), filed by United States Of America. (Attachments: # 1 Civil Cover Sheet)(tdk, ) (Entered: 06/26/2009)

June 26, 2009

June 26, 2009

Clearinghouse
2

SETTLEMENT AGREEMENT by Rick Perry, Adelaide Horn, David L. Lakey, Barry Waller, Linda Hinshaw, Dave Ptomey, Robert Ham, Iva Benson, United States Of America, Nancy Condon, Antonio Ochoa, Kristen Weems, Gale Wasson, W. H. Lowry, Adalberto Barrera, Sonia Hernandez-Keeble, Philip Baugh, Ralph Henry, State of Texas. (tdk, ) (Entered: 06/26/2009)

June 26, 2009

June 26, 2009

Clearinghouse
3

Joint MOTION That the Court Enter the Parties' Negotiated Settlement Agreement re 2 Settlement Agreement, by United States Of America, State of Texas. (Attachments: # 1 Proposed Order)(tdk, ) (Entered: 06/26/2009)

June 26, 2009

June 26, 2009

PACER
4

ORDER GRANTING 3 MOTION That the Court Enter the Parties' Negotiated Settlement Agreement re 2 Settlement Agreement, filed by State of Texas, United States Of America. Signed by Judge Sam Sparks. (jk, ) (Entered: 06/29/2009)

June 29, 2009

June 29, 2009

Clearinghouse
5

Joint MOTION for Extension of Time to File Selection of Monitors by Rick Perry, Adelaide Horn, David L. Lakey, Barry Waller, Linda Hinshaw, Dave Ptomey, Robert Ham, Iva Benson, United States Of America, Nancy Condon, Antonio Ochoa, Kristen Weems, Gale Wasson, W. H. Lowry, Adalberto Barrera, Sonia Hernandez-Keeble, Philip Baugh, Ralph Henry, State of Texas. (Todd, James) (Entered: 09/14/2009)

Sept. 14, 2009

Sept. 14, 2009

PACER
6

ORDER GRANTING 5 Joint MOTION for Extension of Time to File Selection of Monitors filed by Robert Ham, Iva Benson, United States Of America, Barry Waller, Adelaide Horn, State of Texas, Gale Wasson, Kristen Weems, Linda Hinshaw, Dave Ptomey, Nancy Condon, Philip Baugh, Rick Perry, David L. Lakey, Sonia Hernandez-Keeble, Antonio Ochoa, Adalberto Barrera, Ralph Henry, W. H. Lowry. Signed by Judge Sam Sparks. (jk, ) (Entered: 09/18/2009)

Sept. 17, 2009

Sept. 17, 2009

PACER
7

NOTICE Notice of Selection of Monitors by United States Of America, and all defendants (Mazor, Marina) Modified on 10/8/2009 to add all defendants as joint filers of this document. (jk, ). (Entered: 10/07/2009)

Oct. 7, 2009

Oct. 7, 2009

PACER
8

MOTION to Extend Scheduling Order Deadlines to Conduct Baseline Evaluations by United States Of America, Rick Perry, Adelaide Horn, David L. Lakey, Barry Waller, Linda Hinshaw, Dave Ptomey, Robert Ham, Iva Benson, Nancy Condon, Antonio Ochoa, Kristen Weems, Gale Wasson, W. H. Lowry, Adalberto Barrera, Sonia Hernandez-Keeble, Philip Baugh, Ralph Henry, State of Texas. (Mazor, Marina) Modified on 1/15/2010 to add Rick Perry, Adelaide Horn, David L. Lakey, Barry Waller, Linda Hinshaw, Dave Ptomey, Robert Ham, Iva Benson, Nancy Condon, Antonio Ochoa, Kristen Weems, Gale Wasson, W. H. Lowry, Adalberto Barrera, Sonia Hernandez-Keeble, Philip Baugh, Ralph Henry, State of Texas as joint filers of this document. (jk, ). (Entered: 01/14/2010)

Jan. 14, 2010

Jan. 14, 2010

PACER
9

ORDER GRANTING 8 Motion to Extend Scheduling Order Deadlines to Conduct Baseline Evaluations. Signed by Judge Sam Sparks. (jk, ) (Entered: 01/25/2010)

Jan. 25, 2010

Jan. 25, 2010

PACER
10

Vacation Letter as to State of Texas. (jk, ) (Entered: 05/28/2010)

May 28, 2010

May 28, 2010

PACER
11

NOTICE Vacation Letter by Adalberto Barrera, Philip Baugh, Iva Benson, Nancy Condon, Robert Ham, Ralph Henry, Sonia Hernandez-Keeble, Linda Hinshaw, Adelaide Horn, David L. Lakey, W. H. Lowry, Antonio Ochoa, Rick Perry, Dave Ptomey, State of Texas, Barry Waller, Gale Wasson, Kristen Weems (Todd, James) (Entered: 09/14/2011)

Sept. 14, 2011

Sept. 14, 2011

PACER
12

Unopposed MOTION for Entry of Order Establishing a Mechanism for Monitor Legislative Contacts by United States Of America. (Mazor, Marina) (Entered: 09/20/2012)

Sept. 20, 2012

Sept. 20, 2012

PACER
13

MOTION to Substitute Attorney by Rick Perry, Adelaide Horn, David L. Lakey, Barry Waller, Linda Hinshaw, Dave Ptomey, Robert Ham, Iva Benson, Nancy Condon, Antonio Ochoa, Kristen Weems, Gale Wasson, W. H. Lowry, Adalberto Barrera, Sonia Hernandez-Keeble, Philip Baugh, Ralph Henry, State of Texas. (Eccles, James) Modified on 10/3/2012 (jk). (Entered: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

PACER
14

DEFICIENCY NOTICE: re 13 MOTION to Substitute Attorney. (jk) (Entered: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

PACER
15

ATTACHMENT Proposed Order to 13 MOTION to Substitute Attorney by Adalberto Barrera, Philip Baugh, Iva Benson, Nancy Condon, Robert Ham, Ralph Henry, Sonia Hernandez-Keeble, Linda Hinshaw, Adelaide Horn, David L. Lakey, W. H. Lowry, Antonio Ochoa, Rick Perry, Dave Ptomey, State of Texas, Barry Waller, Gale Wasson, Kristen Weems. (Eccles, James) (Entered: 10/04/2012)

Oct. 4, 2012

Oct. 4, 2012

PACER
16

ORDER GRANTING 12 Motion for Entry of Order Establishing a Mechanism for Monitor Legislative Contacts. Signed by Judge Sam Sparks. (jk) (Entered: 10/11/2012)

Oct. 11, 2012

Oct. 11, 2012

Clearinghouse
17

ORDER GRANTING 13 Motion to Substitute Attorney. Attorney James "Beau" Eccles substituted for attorneys Robert B. O'Keefe and David Morales. Signed by Judge Sam Sparks. (jk) (Entered: 10/11/2012)

Oct. 11, 2012

Oct. 11, 2012

PACER
18

Joint MOTION for Schedule Adjustment by United States Of America. (Mazor, Marina) (Entered: 01/02/2013)

Jan. 2, 2013

Jan. 2, 2013

PACER
19

ORDER GRANTING 18 Joint Motion for Schedule Adjustment. Signed by Judge Sam Sparks. (jk) (Entered: 01/07/2013)

Jan. 7, 2013

Jan. 7, 2013

Clearinghouse
20

NOTICE Vacation Letter by Adalberto Barrera, Philip Baugh, Iva Benson, Nancy Condon, Robert Ham, Ralph Henry, Sonia Hernandez-Keeble, Linda Hinshaw, Adelaide Horn, David L. Lakey, W. H. Lowry, Antonio Ochoa, Rick Perry, Dave Ptomey, State of Texas, Barry Waller, Gale Wasson, Kristen Weems (Todd, James) (Entered: 02/05/2014)

Feb. 5, 2014

Feb. 5, 2014

PACER
21

NOTICE Joint Filing of Four-Year Report and Notice Regarding Anticipated Proposed Changes in Settlement Agreement and Monitoring Structure by United States Of America (Attachments: # 1 Appendix Monitors' Four-Year Report)(Mazor, Marina) (Entered: 06/25/2014)

June 25, 2014

June 25, 2014

PACER
22

NOTICE Vacation letter by Adelaide Horn, David L. Lakey, Rick Perry, State of Texas (Todd, James) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER
23

Joint MOTION for Postponement in, and Changes in Timing of, Monitoring Visits by United States Of America. (Attachments: # 1 Proposed Order)(Mazor, Marina) (Entered: 08/26/2014)

Aug. 26, 2014

Aug. 26, 2014

Clearinghouse
24

NOTICE of Filing Notice of Filing of Corrected Proposed Order by United States Of America (Attachments: # 1 Proposed Order Corrected proposed order for joint motion to postponement in, and changes in timing of, monitoring visits)(Mazor, Marina) (Entered: 08/27/2014)

Aug. 27, 2014

Aug. 27, 2014

PACER
25

ORDER GRANTING 23 Joint Motion for Postponement in, and Changes in Timing of, Monitoring Visits. Signed by Judge Sam Sparks. (jk) (Entered: 09/02/2014)

Sept. 2, 2014

Sept. 2, 2014

PACER
26

NOTICE OF AGREED-UPON MODIFICATIONS TO MONITORING FRAMEWORK by United States Of America (Tayloe, Benjamin) (Entered: 01/14/2015)

Jan. 14, 2015

Jan. 14, 2015

Clearinghouse
27

NOTICE of Attorney Appearance by Shayna Emily Stern on behalf of United States Of America. Attorney Shayna Emily Stern added to party United States Of America(pty:pla) (Stern, Shayna) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

RECAP
28

Joint MOTION to Modify Settlement Agreement by United States Of America. (Attachments: # 1 Amended Settlement Agreement, # 2 Redline of Amended Settlement Agreement, # 3 Proposed Order)(Stern, Shayna) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

RECAP

Case Assigned/Reassigned

Sept. 1, 2021

Sept. 1, 2021

PACER

Case reassigned to Judge Lee Yeakel. Judge Sam Sparks no longer assigned to the case. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (klw)

Sept. 1, 2021

Sept. 1, 2021

PACER
29

ORDER GRANTING 28 Joint Motion to Modify Settlement Agreement by USA. Signed by Judge Lee Yeakel. (cc3) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

Clearinghouse
30

NOTICE of Attorney Appearance by Kyle Marie Stock on behalf of United States Of America. Attorney Kyle Marie Stock added to party United States Of America(pty:pla) (Stock, Kyle) (Entered: 09/08/2021)

Sept. 8, 2021

Sept. 8, 2021

PACER
31

Memorandum in Support of Monitor's MOTION for Protective Order (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(cc3) (Entered: 12/21/2021)

Dec. 21, 2021

Dec. 21, 2021

RECAP
32

Unopposed MOTION for Extension of Time to File Response/Reply to Monitor's Motion for Protective Order by United States Of America. (Attachments: # 1 Proposed Order)(Stock, Kyle) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

PACER
33

ORDER GRANTING 32 Unopposed Motion for Extension of Time to File Response/Reply. Signed by Judge Lee Yeakel. (cc3) (Entered: 12/27/2021)

Dec. 27, 2021

Dec. 27, 2021

PACER
34

RESPONSE to Motion, filed by Adalberto Barrera, Philip Baugh, Iva Benson, Nancy Condon, Robert Ham, Ralph Henry, Sonia Hernandez-Keeble, Linda Hinshaw, Adelaide Horn, David L. Lakey, W. H. Lowry, Antonio Ochoa, Rick Perry, Dave Ptomey, State of Texas, Barry Waller, Gale Wasson, Kristen Weems, re 32 Unopposed MOTION for Extension of Time to File Response/Reply to Monitor's Motion for Protective Order filed by Plaintiff United States Of America (Attachments: # 1 Ex 1, # 2 Ex 2)(Gdula, Kimberly) (Entered: 01/07/2022)

Jan. 7, 2022

Jan. 7, 2022

PACER
35

RESPONSE to Motion, filed by United States Of America, re 31 MOTION for Protective Order (Attachments: # 1 Exhibit Declaration of Ryan King, # 2 Exhibit Email from Kimberly Gdula)(Stock, Kyle) (Entered: 01/07/2022)

Jan. 7, 2022

Jan. 7, 2022

PACER
36

NOTICE Regarding Provisions in Compliance with Amended Settlement Agreement by Adalberto Barrera, Philip Baugh, Iva Benson, Nancy Condon, Robert Ham, Ralph Henry, Sonia Hernandez-Keeble, Linda Hinshaw, Adelaide Horn, David L. Lakey, W. H. Lowry, Antonio Ochoa, Rick Perry, Dave Ptomey, State of Texas, Barry Waller, Gale Wasson, Kristen Weems (Attachments: # 1 Ex. A, # 2 Ex. B)(Gdula, Kimberly) (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER
37

ORDER SETTING TELEPHONE CONFERENCE for 9/6/2022 at 09:30 AM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (cc3) (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

PACER
38

ORDER RESETTING TELEPHONE CONFERENCE for 9/23/2022 at 01:30 PM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (cc3) Modified on 8/31/2022 to correct document title (so). (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
39

Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 9/23/2022. Written order forthcoming. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(jv2) (Entered: 09/23/2022)

Sept. 23, 2022

Sept. 23, 2022

PACER
40

ORDER FOR JOINT STATUS REPORT. Status Report due by 10/24/2022. Signed by Judge Lee Yeakel. (jv2) (Entered: 09/23/2022)

Sept. 23, 2022

Sept. 23, 2022

PACER
41

STATUS REPORT by United States Of America. (Attachments: # 1 Proposed Order)(Stock, Kyle) (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

RECAP
42

ORDER DENYING 31 Monitor's MOTION for Protective Order. Signed by Judge Lee Yeakel. (cc3) (Entered: 10/26/2022)

Oct. 26, 2022

Oct. 26, 2022

PACER
43

NOTICE Joint Notice Regarding Provisions in Compliance with Amended Settlement Agreement by State of Texas re 29 Order on Motion for Miscellaneous Relief (Attachments: # 1 Exhibit A)(Gdula, Kimberly) (Entered: 01/09/2023)

Jan. 9, 2023

Jan. 9, 2023

PACER

Case Details

State / Territory: Texas

Case Type(s):

Intellectual Disability (Facility)

Key Dates

Filing Date: June 26, 2009

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

U.S. Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Texas Department of Aging and Disability Service (Lubbock), State

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Special Case Type(s):

Out-of-court

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Conditional Dismissal

Issues

General:

Assault/abuse by staff

Bathing and hygiene

Classification / placement

Communication skills

Food service / nutrition / hydration

Habilitation (training/treatment)

Incident/accident reporting & investigations

Individualized planning

Neglect by staff

Reassessment and care planning

Record-keeping

Restraints : chemical

Restraints : physical

Staff (number, training, qualifications, wages)

Disability:

Integrated setting

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Bed care (including sores)

Dental care

Medical care, general

Medication, administration of

Mental health care, general

Wound care

Type of Facility:

Government-run