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 disabilites. The DOJ advised that its investigation found that conditions and services at LSS substantially departed from generally accepted standards of care.On December 1, 2008, the DOJ issued additional "findings …

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 disabilites. The DOJ advised that its investigation found that conditions and services at LSS substantially departed from generally accepted standards of care.

On December 1, 2008, the DOJ issued additional "findings letters" 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 an 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.

On June 27, 2009, Judge Sparks approved the parties' joint settlement agreement 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.

On June 23, 2014, 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. 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.

On January 14, 2015, the parties notified the court to agreed upon modifications to the monitoring framework moving forward. For unknown reasons, no additional documents were filed nor court orders issued on this case after this notification.

The case is likely closed.

Summary Authors

Mike Fagan (5/30/2008)

Veronica Portillo Heap (10/5/2018)

People

For PACER's information on parties and their attrorneys, 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
1

1:09-cv-00490

Complaint

U.S. v. Texas

June 26, 2009

June 26, 2009

Complaint
2

1:09-cv-00490

Settlement Agreement

U.S. v. Texas

2009 WL 5053774

June 26, 2009

June 26, 2009

Settlement Agreement
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 Aug. 24, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
27

Notice of Attorney Appearance

Sept. 1, 2021

Sept. 1, 2021

RECAP
27

Notice of Attorney Appearance

Sept. 1, 2021

Sept. 1, 2021

RECAP
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

27

Notice of Attorney Appearance

Sept. 1, 2021

Sept. 1, 2021

RECAP
27

Notice of Attorney Appearance

Sept. 1, 2021

Sept. 1, 2021

RECAP
28

Miscellaneous Relief

Sept. 1, 2021

Sept. 1, 2021

PACER
28

Miscellaneous Relief

Sept. 1, 2021

Sept. 1, 2021

PACER
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

28

Miscellaneous Relief

Sept. 1, 2021

Sept. 1, 2021

PACER
28

Miscellaneous Relief

Sept. 1, 2021

Sept. 1, 2021

PACER
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

Case Assigned/Reassigned

Sept. 1, 2021

Sept. 1, 2021

PACER

Case Assigned/Reassigned

Sept. 1, 2021

Sept. 1, 2021

PACER

Case Assigned/Reassigned

Sept. 1, 2021

Sept. 1, 2021

PACER

Case Assigned/Reassigned

Sept. 1, 2021

Sept. 1, 2021

PACER
29

Order on Motion for Miscellaneous Relief

Sept. 7, 2021

Sept. 7, 2021

PACER
29

Order on Motion for Miscellaneous Relief

Sept. 7, 2021

Sept. 7, 2021

PACER
29

Order on Motion for Miscellaneous Relief

Sept. 7, 2021

Sept. 7, 2021

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

29

Order on Motion for Miscellaneous Relief

Sept. 7, 2021

Sept. 7, 2021

PACER
30

Notice of Attorney Appearance

Sept. 8, 2021

Sept. 8, 2021

PACER
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

30

Notice of Attorney Appearance

Sept. 8, 2021

Sept. 8, 2021

PACER
30

Notice of Attorney Appearance

Sept. 8, 2021

Sept. 8, 2021

PACER
30

Notice of Attorney Appearance

Sept. 8, 2021

Sept. 8, 2021

PACER
31

Protective Order

Dec. 21, 2021

Dec. 21, 2021

PACER
31

Protective Order

Dec. 21, 2021

Dec. 21, 2021

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

31

Protective Order

Dec. 21, 2021

Dec. 21, 2021

PACER
31

Protective Order

Dec. 21, 2021

Dec. 21, 2021

PACER
32

Extension of Time to File Response/Reply

Dec. 22, 2021

Dec. 22, 2021

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

32

Extension of Time to File Response/Reply

Dec. 22, 2021

Dec. 22, 2021

PACER
32

Extension of Time to File Response/Reply

Dec. 22, 2021

Dec. 22, 2021

PACER
32

Extension of Time to File Response/Reply

Dec. 22, 2021

Dec. 22, 2021

PACER
33

Order on Motion for Extension of Time to File Response/Reply

Dec. 27, 2021

Dec. 27, 2021

PACER
33

Order on Motion for Extension of Time to File Response/Reply

Dec. 27, 2021

Dec. 27, 2021

PACER
33

Order on Motion for Extension of Time to File Response/Reply

Dec. 27, 2021

Dec. 27, 2021

PACER
33

Order on Motion for Extension of Time to File Response/Reply

Dec. 27, 2021

Dec. 27, 2021

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

34

Response to Motion

Jan. 7, 2022

Jan. 7, 2022

PACER
34

Response to Motion

Jan. 7, 2022

Jan. 7, 2022

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

34

Response to Motion

Jan. 7, 2022

Jan. 7, 2022

PACER
34

Response to Motion

Jan. 7, 2022

Jan. 7, 2022

PACER
35

Response to Motion

Jan. 7, 2022

Jan. 7, 2022

PACER
35

Response to Motion

Jan. 7, 2022

Jan. 7, 2022

PACER
35

Response to Motion

Jan. 7, 2022

Jan. 7, 2022

PACER
10

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

May 28, 2010

May 28, 2010

35

Response to Motion

Jan. 7, 2022

Jan. 7, 2022

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

36

Notice

Feb. 11, 2022

Feb. 11, 2022

PACER
36

Notice

Feb. 11, 2022

Feb. 11, 2022

PACER
36

Notice

Feb. 11, 2022

Feb. 11, 2022

PACER
36

Notice

Feb. 11, 2022

Feb. 11, 2022

PACER
12

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

Sept. 20, 2012

Sept. 20, 2012

14

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

Oct. 3, 2012

Oct. 3, 2012

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

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

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

18

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

Jan. 2, 2013

Jan. 2, 2013

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

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

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

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

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

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

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

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

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

Availably 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