Case: U.S. v. Iowa

4:04-cv-00636 | U.S. District Court for the Southern District of Iowa

Filed Date: Nov. 18, 2004

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On July 9, 2002, the U.S. Department of Justice's Civil Rights Division ("DOJ") sent its "findings letter" to Iowa's governor, advising him of the results of the November 1999, and April-May 2001, DOJ investigations of conditions and practices at two state-operated centers for developmentally and mentally disabled persons: the Woodward State Hospital-School (subsequently renamed Woodward Resource Center) ("Woodward") in Woodward, Iowa, and the Glenwood State Hospital-School (subsequently renam…

On July 9, 2002, the U.S. Department of Justice's Civil Rights Division ("DOJ") sent its "findings letter" to Iowa's governor, advising him of the results of the November 1999, and April-May 2001, DOJ investigations of conditions and practices at two state-operated centers for developmentally and mentally disabled persons: the Woodward State Hospital-School (subsequently renamed Woodward Resource Center) ("Woodward") in Woodward, Iowa, and the Glenwood State Hospital-School (subsequently renamed Glenwood Resource Center) ("Glenwood"), in Glenwood, Iowa. The investigations occurred under the authority of the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997. DOJ and expert consultants visited the facilities twice, reviewed a wide array of documents there, and conducted interviews with personnel and residents. The letter commended Woodward and Glenwood staff for providing a high level of cooperation during the investigation, as well as the dedication many showed for resident well-being. Nevertheless, the investigation found deficiencies in resident care at both facilities, in that certain conditions and services at one or both substantially departed from generally accepted standards of care. Constitutional and federal statutory rights of residents at the facilities were violated in several respects, according to the DOJ.

DOJ concluded that deficiencies existed in conditions of resident care and treatment (1) at Woodward (and, to a lesser degree at Glenwood), regarding the use of restraints and restrictive procedures (e.g., over-use of restraints; use of electronic tracking devices at Woodward for staff convenience rather than resident care); (2) at Glenwood, regarding the substandard general medical care provided (e.g., lack of a medical director, a peer review quality assurance tool, a pharmacy and therapeutics committee, or policies and protocols to ensure consistent provision of care; insufficient provision of neurological resources) and, (3) at both centers, in their provision of deficient (a) psychiatric and psychological care (e.g., inadequate psychiatric and psychological assessments and diagnoses; unjustified use of psychotropic medications; poor monitoring of treatment outcomes; defective or non-existent pharmacy and therapeutics oversight; failure to obtain informed consent; inappropriate behavior plan development; non-integrated pharmacological and behavior plans), and (b) community placement programs (neither facility had established protocols ensuring adequate assessments to determine the most integrated setting appropriate for individuals' wants and needs). Nutrition management, physical and occupational therapy, and protection from harm deficiencies were described in the letter, depending on the facility, as ranging from non-existent to notable, with Woodward also described as lacking in appropriate habilitation services. Erroneous and incomplete record keeping plagued both facilities, according to the DOJ. The letter provided details of deficiencies for all of these categories.

Minimally-acceptable remedial measures for each of these categories were outlined in the letter, which concluded by inviting continued further collaboration in implementing the remediation. The letter provided notice that, absent a resolution of the federal concerns, the DOJ would file a CRIPA lawsuit to compel correction of the identified deficiencies at Woodward and Glenwood.

On November 18, 2004, in the U.S. District Court for the Southern District of Iowa, DOJ simultaneously filed a CRIPA complaint against Iowa and tendered a settlement agreement between the parties, the latter referencing an attached plan obligating the state to implement remedial measures (believed to be those set out in the findings letter; we do not have a copy of the "plan," so we infer this). The lawsuit, seeking declaratory and injunctive relief, set out that the state's practices at Woodward and Glenwood violated their patients' Fourteenth Amendment due process rights and their rights under the Americans with Disabilities Act ("ADA"), 42 U.S.C §§ 12101 et seq., and the ADA's implementing regulations, 28 C.F.R. Part 35.

The settlement obligated the state to ensure, and to periodically report upon its progress in ensuring, improvements that would bring the facilities up to generally accepted professional standards of care. The settlement also allowed for the United States to conduct regular compliance reviews, with facility inspections and interviews of staff and residents, and to fully access and review relevant documents.

The Court (Judge Ronald E. Longstaff) approved the settlement on November 24, 2004. On December 9, 2004, he issued an unpublished order which administratively closed the case, but retained jurisdiction to enforce his order of November 24th.

In April 2009, the DOJ filed a notice to update the court on the monitoring activities and changes at the two facilities, and extending the monitoring period another year. By May 13, 2010, the defendants filed a notice with the court that the consent decrees for both facilities had expired. The case is now closed.

Summary Authors

Elizabeth Daligga (7/25/2012)

People


Judge(s)

Longstaff, Ronald Earl (Iowa)

Walters, Ross A. (Iowa)

Attorneys(s) for Plaintiff

Acosta, R. Alexander (District of Columbia)

Ashcroft, John (District of Columbia)

Boyd, Ralph F. Jr. (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Gonzalez, Gregory (District of Columbia)

Hagen, Christopher D. (Iowa)

Johnson, Elizabeth (District of Columbia)

Koch, Robert A. (District of Columbia)

Judge(s)

Longstaff, Ronald Earl (Iowa)

Walters, Ross A. (Iowa)

Attorneys(s) for Plaintiff

Acosta, R. Alexander (District of Columbia)

Ashcroft, John (District of Columbia)

Boyd, Ralph F. Jr. (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Gonzalez, Gregory (District of Columbia)

Hagen, Christopher D. (Iowa)

Johnson, Elizabeth (District of Columbia)

Koch, Robert A. (District of Columbia)

Tayloe, Benjamin O. (District of Columbia)

Whitaker, Matthew G. (Iowa)

Attorneys(s) for Defendant

Allen, Gordon E. (Iowa)

Colloton, Steven M. (Iowa)

Kraemer, Gretchen Witte (Iowa)

Miller, Thomas J. (Iowa)

Documents in the Clearinghouse

Document

4:04-cv-00636

Docket [PACER]

May 13, 2010

May 13, 2010

Docket

4:04-cv-00636

Re: Investigation of Woodward State Resource Center and Glenwood State Resource Center

DOJ CRIPA Investigation of Woodward State Resource Center and Glenwood State Resource Center (Iowa)

July 9, 2002

July 9, 2002

Findings Letter/Report
1

4:04-cv-00636

Complaint

Nov. 18, 2004

Nov. 18, 2004

Complaint
4

4:04-cv-00636

Settlement Agreement

Nov. 24, 2004

Nov. 24, 2004

Settlement Agreement
21-2

4:04-cv-00636

Memorandum of Agreement Between the United States and the State of Iowa Regarding the Woodward Resource Center

United States v. Iowa

April 1, 2009

April 1, 2009

Settlement Agreement
21

4:04-cv-00636

Notice of Information Regarding Memorandum Agreement at Woodward Resource Center

United States v. Iowa

April 1, 2009

April 1, 2009

Notice Letter
23

4:04-cv-00636

Notice of Information

United States v. Iowa

May 13, 2010

May 13, 2010

Pleading / Motion / Brief

Resources

Docket

Last updated Aug. 11, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants, filed by United States of America. Rule 16 Notice of Dismissal set for 3/18/2005. Notice of Dismissal for lack of Service deadline set for 3/18/2005.(Hagen, Christopher) (Entered: 11/18/2004)

Nov. 18, 2004

Nov. 18, 2004

2

MOTION for Settlement/Settlement Conference Motion for Approval of Proposed Settlement Agreement by United States of America. Responses due by 12/6/2004 (Attachments: # 1Settlement Agreement # 2Iowa State Resourse Centers Plan)(Hagen, Christopher) Modified on 11/19/2004, added descriptions to attachments (bp, ). (Entered: 11/18/2004)

Nov. 18, 2004

Nov. 18, 2004

3

MEMORANDUM in Support re 2 MOTION for Settlement/Settlement Conference Motion for Approval of Proposed Settlement Agreement filed by United States of America. (Hagen, Christopher) (Entered: 11/18/2004)

Nov. 18, 2004

Nov. 18, 2004

Judge Ronald E. Longstaff and Ross A. Walters added. (bp, ) (Entered: 11/18/2004)

Nov. 18, 2004

Nov. 18, 2004

4

SETTLEMENT AGREEMENT ORDERED BY JUDGE LONGSTAFF AND FILED by United States of America. (Hagen, Christopher) (Entered: 11/24/2004)

Nov. 24, 2004

Nov. 24, 2004

5

ORDER allowing case to be closed administratively but the Court retains jurisdiction to enforce the Order of November 24, 2004. Entered by Ronald E. Longstaff on 12/9/2004. (dsg) (Entered: 12/09/2004)

Dec. 9, 2004

Dec. 9, 2004

6

Joint MOTION for Entry of Stipulation for Supplemental Relief Motions referred to Ross A. Walters. by United States of America, STATE OF IOWA, Thomas J Vilsack. Responses due by 3/24/2008 (Attachments: # 1 Proposed Order)(Hagen, Christopher) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

7

NOTICE of Appearance by Gretchen Witte Kraemer on behalf of STATE OF IOWA (Kraemer, Gretchen) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

8

MOTIONS REFERRAL − NO DOCUMENT − 6 Joint MOTION for Entry of Stipulation for Supplemental Relief. Motion referred to Ronald E. Longstaff. (sc) (Entered: 03/27/2008)

March 27, 2008

March 27, 2008

9

ORDER granting 6 Stipulated motion for supplemental relief. Signed by Senior Judge Ronald E. Longstaff on 4/1/2008. (sk, ) (Entered: 04/03/2008)

April 3, 2008

April 3, 2008

11

MOTIONS REFERRAL − NO DOCUMENT − 10 Joint MOTION for Entry of Plans of Correction as an Order Motions referred to Ronald E. Longstaff. (don) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

12

ORDER granting 10 Motion for entry of plans of correction. Signed by Senior Judge Ronald E. Longstaff on 7/17/2008. (sk, ) Modified on 8/13/2008 (sk, ). (Entered: 07/22/2008)

July 22, 2008

July 22, 2008

13

NOTICE by STATE OF IOWA *** Report filed under entry 14 *** Notice of Information Regarding Plans of Correction (Attachments: # 1 Notice of Manual Filing)(Kraemer, Gretchen) Modified on 8/11/2008 (don, ). (Entered: 08/07/2008)

Aug. 7, 2008

Aug. 7, 2008

14

STATUS REPORT by STATE OF IOWA Part of entry 13 . (Attachments: # 1 part 2) (don) (Entered: 08/11/2008)

Aug. 11, 2008

Aug. 11, 2008

15

NOTICE by State of Iowa filed with consent of the US DOJ (Attachments: # 1 Exhibit WRC, # 2 Exhibit GRC Letter, # 3 Exhibit GRC Chart)(Kraemer, Gretchen) (Entered: 10/30/2008)

Oct. 30, 2008

Oct. 30, 2008

16

MOTION to Substitute Attorney for the Plaintiff. Motions referred to Ross A. Walters. by United States of America. Responses due by 1/8/2009 (Koch, Robert) (Entered: 12/22/2008)

Dec. 22, 2008

Dec. 22, 2008

17

TEXT ORDER: ORDER granting 16 motion for leave to withdraw. Mr. Gonzalez's appearance may be terminated and Mr. Koch shall be shown as proceeding on behalf of the United States. Entered by Magistrate Judge Ross A. Walters on 12/22/2008. (klw) (Entered: 12/22/2008)

Dec. 22, 2008

Dec. 22, 2008

18

NOTICE by State of Iowa (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Kraemer, Gretchen). (Entered: 03/09/2009)

March 9, 2009

March 9, 2009

19

TEXT ORDER: IT IS ORDERED that the motion filed March 9, 2009 seeking to have the documents filed under seal is hereby granted. Signed by Senior Judge Ronald E. Longstaff on 3/30/2009. (dsg) (Entered: 03/30/2009)

March 30, 2009

March 30, 2009

20

Sealed Document. (Attachments: # 1 Exhibit)(Kraemer, Gretchen) (Entered: 03/30/2009)

March 30, 2009

March 30, 2009

21

NOTICE by United States of America (Attachments: # 1 Memorandum of Agreement)(Hagen, Christopher) (Entered: 04/01/2009)

April 1, 2009

April 1, 2009

22

NOTICE by State of Iowa, Thomas J Vilsack (Attachments: # 1 Exhibit, # 2 Exhibit)(Kraemer, Gretchen) (Entered: 06/30/2009)

June 30, 2009

June 30, 2009

23

NOTICE by State of Iowa (Kraemer, Gretchen) (Entered: 05/13/2010)

May 13, 2010

May 13, 2010

Case Details

State / Territory: Iowa

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 18, 2004

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice (on behalf of mentally retarded residents of the Glenwood and Woodward Resource Centers).

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

State of Iowa, State

Glenwood Resource Center, State

Case Details

Causes of Action:

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.

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

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:

Court Approved Settlement or Consent Decree

Order Duration: 2004 - 2010

Issues

General:

Classification / placement

Food service / nutrition / hydration

Habilitation (training/treatment)

Individualized planning

Record-keeping

Restraints : physical

Disability:

Integrated setting

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Intellectual disability/mental illness dual diagnosis

Medical care, general

Medication, administration of

Mental health care, general

Type of Facility:

Government-run