Case: U.S. v. Kentucky

3:06-cv-00063 | U.S. District Court for the Eastern District of Kentucky

Filed Date: Aug. 31, 2006

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On November 7, 2002, the U.S. Department of Justice's Civil Rights Division ("DOJ") sent its "findings letter" to Kentucky's governor, advising him of the results of the November 2001, DOJ investigation of conditions and practices at the Oakwood Developmental Center ("Oakwood"), a state-operated center in Somerset, Kentucky, for developmentally and mentally disabled persons. (Although legally a "commonwealth," Kentucky will be referred to in this summary as a state, as it is more commonly know…

On November 7, 2002, the U.S. Department of Justice's Civil Rights Division ("DOJ") sent its "findings letter" to Kentucky's governor, advising him of the results of the November 2001, DOJ investigation of conditions and practices at the Oakwood Developmental Center ("Oakwood"), a state-operated center in Somerset, Kentucky, for developmentally and mentally disabled persons. (Although legally a "commonwealth," Kentucky will be referred to in this summary as a state, as it is more commonly known.) 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 facility, reviewed a wide array of documents there, and conducted interviews with personnel and residents. The letter commended Oakwood and state government staff for providing a high level of cooperation during the investigation. The investigation found multiple deficiencies in resident care at Oakwood, in that numerous conditions and services there substantially departed from generally accepted standards of care. Constitutional and federal statutory rights of residents at the facility were violated in several respects, according to the DOJ.

DOJ concluded that deficiencies existed in conditions of resident care and treatment due to Oakwood's failure to provide adequate: (1) protection of its residents from harm due to abuse, mistreatment, neglect, improper use of restraints, pica behavior (ingestion of non-food items), and an overall lack of environmental safety; (2) behavioral and psychology services, including adequate treatment team meetings, individual and behavioral support plans, and training programs; (3) psychiatric services; (4) medical care, including neurological care; (5) nursing care; (6) staffing and staff training; (7) nutritional management; (8) physical therapy, and (9) quality assurance mechanisms designed to self-correct institutional problems. The letter provided details of deficiencies for all of these categories.

This summary provides examples of these details, using the numeric indicator from the prior paragraph, as follows: (1) numerous and recurring incidents of abuse and neglect by staff; continued employment of documented abusers; inadequate investigations of incidents; unacceptably high volume of abuse and neglect incidents; inadequate supervision and communication regarding residents known for pica or self-injurious behaviors; (2) inadequate interdisciplinary care team meetings and individual/behavior support plans; overuse of chemical and physical restraints; inadequate resident training programs; insufficient psychological staff resources; (3) incorrect psychiatric diagnoses and use of psychotropic medications without psychiatric diagnoses; no peer review of psychiatric care nor any functional system for treatment of movement disorders; untrained staff; (4) poor preventative care, medical monitoring, communication among medical professionals, record keeping, and mortality review; inadequate evaluation, diagnosis, and treatment for seizure disorders leading to improper medication usage; (5) fragmented, incomplete, and inconsistent nursing assessments and documentations; high level of medication errors; vague medical emergency protocols and inadequate documentation of emergencies by poorly trained staff; outdated and ineffective infection control practices; haphazard staffing; (6 and 7) inadequate individual meal management plans; unmonitored, unaided meals for residents with swallowing difficulties; under-staffing at mealtimes resulting in cold food; (7 and 8) absence of a positioning program; overuse of wheelchairs; inadequately trained direct care staff; understaffed physical therapy department; and (9) no quality improvement program capable of addressing systemic crises in clinical services; absence of formal feedback system; nursing performance goals not objective and measurable, precluding reliable assessment and monitoring; and a total lack of a management information system.

In addition to the remarkable list of deficiencies at Oakwood, the letter also noted that the state regularly deprived Oakwood residents who desired to live in the community and who reasonably can be accommodated an adequate opportunity to do so, in violation of the state's obligations under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12132 et seq., and ADA-related regulations.

Ten pages of 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 Oakwood.

Subsequently, on September 21, 2004, the state and DOJ entered into a memorandum of understanding, setting out a "Strategic Action Plan" that aimed to resolve the many deficiencies in care and conditions at Oakwood (which, by this time, had been re-named and re-organized as the Communities at Oakwood). It included the appointment of a jointly-selected monitor, Dr. Nirbhay N. Singh, Ph. D., to oversee, at state expense, Kentucky's implementation of the memorandum and its plan. The plan, an attachment to the memorandum, set specific goals and target dates for achieving them.

On August 31, 2006, in the U.S. District Court for the Eastern District of Kentucky, DOJ simultaneously filed a CRIPA complaint against the state and a settlement agreement between the parties, the latter referencing and attaching the strategic action plan obligating the state to implement remedial measures. The settlement named the same monitor, who would also now report compliance progress to the court. The lawsuit, seeking declaratory and injunctive relief, described practices at Oakwood that violated the residents' 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 document its progress in ensuring, improvements that would bring the facility up to generally accepted professional standards of care. The state also obliged itself to educate Oakwood employees about the requirements imposed by the settlement agreement. The settlement provided 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.

District Judge Karen K. Caldwell approved the settlement on September 13, 2006, retaining jurisdiction to enforce the strategic action plan.

Following several years of the parties providing periodic updates to the court, the parties filed a Joint Notice of Dismissal and the court signed an order closing the case on September 29, 2011.

Summary Authors

Elizabeth Daligga (7/25/2012)

People


Judge(s)

Caldwell, Karen K. (Kentucky)

Attorneys(s) for Plaintiff

Acosta, R. Alexander (District of Columbia)

Bohan, Mary (District of Columbia)

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

Brown Cutlar, Shanetta Y. (District of Columbia)

Chandler, A. B III (Kentucky)

Gonzales, Alberto (District of Columbia)

Johnson, Elizabeth (District of Columbia)

Kim, Wan J. (District of Columbia)

Maddox, William G. (District of Columbia)

Judge(s)

Caldwell, Karen K. (Kentucky)

Attorneys(s) for Plaintiff

Acosta, R. Alexander (District of Columbia)

Bohan, Mary (District of Columbia)

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

Brown Cutlar, Shanetta Y. (District of Columbia)

Chandler, A. B III (Kentucky)

Gonzales, Alberto (District of Columbia)

Johnson, Elizabeth (District of Columbia)

Kim, Wan J. (District of Columbia)

Maddox, William G. (District of Columbia)

Preston, Judith (Judy) C. (District of Columbia)

Schlozman, Bradley (District of Columbia)

Van Tatenhove, Gregory Frederick (Kentucky)

Walker, John (Kentucky)

Wright, Michael (Kentucky)

Attorneys(s) for Defendant

Butler, Wesley R. (Kentucky)

Fleenor, David E. (Kentucky)

Harvey, Kerry B. (Kentucky)

Herklotz, Johann Frederick (Kentucky)

Irvin, D. Brent (Kentucky)

Keith , Frederick Ryan (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 29, 2011 Docket

Re: Investigation of the Oakwood Developmental Center

CRIPA Investigation of the Oakwood Developmental Center

No Court

Nov. 7, 2002 Findings Letter/Report

Memorandum of Understanding

CRIPA Investigation of the Oakwood Developmental Center

Sept. 21, 2004 Settlement Agreement
4

Settlement Agreement

Aug. 31, 2006 Settlement Agreement
1

Complaint

US v. Kentucky

Aug. 31, 2006 Complaint

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT, filed by USA. (Attachments: # 1 Civil Cover Sheet and Case Assignment# 2 Certificate of the Attorney General Hon. Alberto R. Gonzalez)(CBD) (Entered: 08/31/2006)

Aug. 31, 2006
2

JOINT MOTION for Entry of Settlement Agreement by USA, Commonwealth of Kentucky (Attachments: # 1 Proposed Order for Entry of Settlement Agreement# 2 Tendered Settlement Agreement# 3 Tendered Exhibit A to Settlement Agreement − Pgs 1−74 Action Plan# 4 Tendered Exhibit A to Settlement Agreement − Pgs 75−104 Action Plan)(CBD) (Entered: 08/31/2006)

Aug. 31, 2006

***MOTION SUBMITTED TO CHAMBERS of Caldwell for review: 2 JOINT MOTION for Entry of Settlement Agreement by USA and Commonwealth of Kentucky (CBD) (Entered: 08/31/2006)

Aug. 31, 2006
3

PROPOSED ORDER FOR ENTRY OF SETTLEMENT AGREEMENT: Judgment shall be entered in this matter pursuant to the terms and conditions of the Settlement Agreement and its Exhibit A, the fully incorporated and enforceable Strategic Action Plan. This Court will retain jurisdiction over the case in accordance with the terms of the Settlement Agreement and its Exhibit A, the fully incorporated and enforceable Strategic Action. Signed by Judge Karen K. Caldwell. (AKR)cc: COR (Entered: 09/13/2006)

Sept. 13, 2006
4

SETTLEMENT AGREEMENT by Commissioner, Department of Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services, Deputy Commissioner of the Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services, USA, Commonwealth of Kentucky, Governor of the Commonwealth of Kentucky, Secretary of the Cabinet for Health and Family Services. (Filed pursuant to Order of Court 3 ) (Attachments: # 1 Exhibit A − Pages 1 − 74 of Action Plan# 2 Exhibit A − Pages 75 − 104 of Action Plan)(AKR) (Entered: 09/13/2006)

Sept. 13, 2006
5

NOTICE OF FILING by USA Notice of Filing October 2006 Monitor's Report (Attachments: # 1 Monitor's Rpt Pt 1# 2 Part 2# 3 Part 3# 4 Part 4# 5 Part 5)(Bohan, Mary) Additional attachment(s) added on 12/14/2006 (Dearborn, Christy). (Entered: 12/13/2006)

Dec. 13, 2006

NOTICE OF DEFICIENCY and NOTICE OF DOCKET MODIFICATION TO Mary Bohan re 5 Notice of Filing; Error 1: Pages 17−60 Part 1 and all pages of Parts 2−8 of Monitor's Report were sideways; Error by attorney; Correction: Clerk has rotated the pages and entered the corrected documents as seperate attachments; At the browse screen within ECF, attorney should always open and view each PDF document before proceeding with the filing. Error 2: Parts 2, 3, and 4 of Monitor's Report exceeded the 2MB size limit; Entry made by attorney; Correction: Clerk has seperated the PDF images into less than two (2) megabyte segments. Counsel is reminded that large documents may not upload properly to ECF or download within a reasonable amount of time, therefore, documents over 2 megabytes must be broken down into 2 megabytes, or less. Error 3: main document was scanned instead of converted into PDF format directly from the native word application. All pleadings created with a word application shall be converted to PDF format using PDF conversion software rather than being scanned. Error 4: attorney has failed to "type" name on the signature line.; The name of the Filing User under whose login and password the document is submitted must be preceded by an "s/" and typed in the space where the signature would otherwise appear. No further action required by counsel as to this entry. (cc: COR) (CBD) (Entered: 12/14/2006)

Dec. 14, 2006

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 5 Notice of Filing of Monitor's Report. (CBD) (Entered: 12/14/2006)

Dec. 14, 2006
6

NOTICE by USA Notice of Substitution of Counsel (Bohan, Mary) (Entered: 05/31/2007)

May 31, 2007

***FILE SUBMITTED TO CHAMBERS of Caldwell for review: 6 Notice of Substitution. (CBD) (Entered: 06/01/2007)

June 1, 2007
7

NOTICE by Commissioner, Department of Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services, Deputy Commissioner of the Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services, Commonwealth of Kentucky, Governor of the Commonwealth of Kentucky, Secretary of the Cabinet for Health and Family Services Notice of Substitution of Counsel (Herklotz, Johann) (Entered: 06/14/2007)

June 14, 2007

***Attorney Johann Frederick Herklotz for Commissioner, Department of Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services and Deputy Commissioner of the Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services added pursuant to QC re: 63 . (AKR) (Entered: 06/15/2007)

June 14, 2007

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 7 Notice of substitution of counsel on behalf of defendants. (AKR) (Entered: 06/15/2007)

June 15, 2007
8

NOTICE OF FILING by Commissioner, Department of Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services, Deputy Commissioner of the Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services, Commonwealth of Kentucky, Governor of the Commonwealth of Kentucky, Secretary of the Cabinet for Health and Family Services Notice of Filing Court Monitor Report 2, April, 2007 (Attachments: # 1 Exhibit Court monitor report pages 1 − 19# 2 Exhibit Court monitor report pages 20 − 39# 3 Exhibit Court monitor report pages 40 − 59# 4 Exhibit Court monitor report pages 60 − 79# 5 Exhibit Court monitor report pages 80 − 99# 6 Exhibit Court monitor report pages 100 − 119# 7 Exhibit Court monitor report pages 120 − 139# 8 Exhibit Court monitor report pages 140 − 159# 9 Exhibit Court monitor report pages 160 − 179# 10 Exhibit Court monitor report pages 180 − 199# 11 Exhibit Court monitor report pages 200 − 219# 12 Exhibit Court monitor report pages 220 − 239# 13 Exhibit Court monitor report pages 240 − 259# 14 Exhibit Court monitor report pages 260 − 279# 15 Exhibit Court monitor report pages 280 − 299# 16 Exhibit Court monitor report pages 300 − 319# 17 Exhibit Court monitor report pages 320 − 339# 18 Exhibit Court monitor report pages 340 − 359# 19 Exhibit Court monitor report pages 360 − 379# 20 Exhibit Court monitor report pages 380 − 393)(Herklotz, Johann) Modified text in italics to better describe pleading on 6/18/2007 (Ratliff, Kay). (Entered: 06/15/2007)

June 15, 2007
9

NOTICE OF FILING Court Monitor Report #3 by USA (Attachments: # 1 Court Monitor Report #, Dated December 16, 2007)(Maddox, William) Modified text w/ better desciption on 12/28/2007 (CBD). (Entered: 12/27/2007)

Dec. 27, 2007

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 9 Notice of Filing Court Monitor Report #3 (CBD) (Entered: 12/28/2007)

Dec. 28, 2007
10

NOTICE OF FILING by Commissioner, Department of Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services, Deputy Commissioner of the Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services, Commonwealth of Kentucky, Governor of the Commonwealth of Kentucky, Secretary of the Cabinet for Health and Family Services Notice of Filing Court Monitor Report 4, May 2008 (Attachments: # 1 Exhibit Court Monitor Report pages 1 to 13, # 2 Exhibit Court Monitor Report pages 14 to 25, # 3 Exhibit Court Monitor Report pages 26 − 51, # 4 Exhibit Court Monitor Report pages 52−71, # 5 Exhibit Court Monitor Reponrt pages 72 − 91, # 6 Exhibit Court Monitor Report 92−111, # 7 Exhibit Court Monitor Report pages 112−131, # 8 Exhibit Court Monitor Report pages 132−151, # 9 Exhibit Court Monitor Report pages 152−171, # 10 Exhibit Court Monitor Report pages 172−191, # 11 Exhibit Court Monitor Report pags 192−211, # 12 Exhibit Court Monitor Report pages 212−231, # 13 Exhibit Court Monitor Report pages 232−251, # 14 Exhibit Court Monitor Report 252−271, # 15 Exhibit Court Monitor Report pages 272−291, # 16 Exhibit Court Monitor Report pages 292−311, # 17 Exhibit Court Monitor Report pages 312−331, # 18 Exhibit Court Monitor Report pages 332−351, # 19 Exhibit Court Monitor Report pages 352−371, # 20 Exhibit Court Monitor Report pages 372−391, # 21 Exhibit Court Monitor Report pages 392−411, # 22 Exhibit Court Monitor Report pages 412−431, # 23 Exhibit Court Monitor Report pages 432−451, # 24 Exhibit Court Monitor Report pages 452−471, # 25 Exhibit Court Monitor Report 472−491, # 26 Exhibit Court Monitor Report pages 492−511, # 27 Exhibit Court Monitor Report pages 512−519)(Harvey, Kerry) (Additional attachment(s) added on 6/26/2008: # 28 CORRECT Exhibit Court Monitor Report pgs1−13, # 29 CORRECT Exhibit Court Monitor Report pgs14−25, # 30 CORRECT Exhibit Court Monitor Report pgs26−51, # 31 CORRECT Exhibit Court Monitor Report pgs52−71, # 32 CORRECT Exhibit Court Monitor pgs72−91, # 33 CORRECT Exhibit Court Monitor Report pgs92−111, # 34 CORRECT Exhibit Court Monitor Report pgs112−131, # 35 CORRECT Exhibit Court Monitor Report pgs132−151, # 36 Court Monitor Report pgs172−191, # 38 CORRECT Exhibit Court Monitor Report pgs192−211, # 39 CORRECT Exhibit Court Monitor Report pgs212−231, # 40 CORRECT Exhibit Court Monitor Report pgs232−251, # 41 CORRECT Exhibit Court Monitor Report pgs252−271, # 42 CORRECT Exhibit Court Monitor Report pgs272−291, # 43 CORRECT Exhibit Court Monitor Report pgs292−311, # 44 CORRECT Exhibit Court Monitor Report pgs312−331, # 45 CORRECT Exhibit Court Monitor Report pgs332−351, # 46 CORRECT Exhibit Court Monitor Report pgs352−371, # 47 CORRECT Exhibit Court Monitor Report pgs372−391, # 48 CORRECT Exhibit Court Monitor Report pgs392−411, # 49 CORRECT Exhibit Court Monitor Report pgs412−431, # 50 CORRECT Exhibit Court Monitor Report pgs432−451, # 51 CORRECT Exhibit Court Monitor Report pgs452−471, # 52 CORRECT Exhibit Court Monitor Report pgs472−491, # 53 CORRECT Exhibit Court Monitor Report pgs492−519) (AKR). (Entered: 06/25/2008)

June 25, 2008

Attorney Update. Attorney Kerry B. Harvey for Commissioner, Department of Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services, Deputy Commissioner of the Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services, Commonwealth of Kentucky, Governor of the Commonwealth of Kentucky and Secretary of the Cabinet for Health and Family Services added. (AKR) (Entered: 06/26/2008)

June 25, 2008

NOTICE OF DOCKET MODIFICATION TO K. Harvey re 10 Notice of Filing Court Monitor Report ; ERROR: ALL pages of all exhibits were sideways; Entry by attorney; CORRECTION: Clerk has rotated the pages and entered the documents as separate attachments; At the browse screen within ECF, the Attorney should always open and view each PDF document before proceeding with the filing ; No further action required by counsel. cc: COR (AKR) (Entered: 06/26/2008)

June 26, 2008
11

NOTICE OF FILING by USA Court Monitor Report 5 (Attachments: # 1 Court Monitor Report 5 Pages 1 − 40, # 2 Court Monitor Report 5 Pages 41−80, # 3 Court Monitor Report 5 Pages 81 − 120, # 4 Court Monitor Report Pages 121 − 160, # 5 Court Monitor Report 5 Pages 161 − 200, # 6 Court Monitor Report 5 Pages 201 − 240, # 7 Court Monitor Report 5 Pages 241 − 280, # 8 Court Monitor Report 5 Pages 281 − 320, # 9 Court Monitor Report 5 Pages 321 − 360, # 10 Court Monitor Report 5 Pages 361 − 400, # 11 Court Monitor Report 5 Pages 401 − 440, # 12 Court Monitor Report 5 Pages 441 − 480, # 13 Court Monitor Report 5 Pages 480 − 487)(Maddox, William) (Entered: 01/05/2009)

Jan. 5, 2009

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 11 Notice of Filing Court Monitor Report 5. (AKR) (Entered: 01/06/2009)

Jan. 6, 2009
12

NOTICE OF FILING "Court Monitor Report 6, May, 2009" by Commissioner, Department of Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services, Deputy Commissioner of the Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services, Commonwealth of Kentucky, Governor of the Commonwealth of Kentucky, Secretary of the Cabinet for Health and Family Services (Attachments: # 1 Exhibit Report Pages 1−40, # 2 Exhibit Report Pages 41−80, # 3 Exhibit Report Pages 81−120, # 4 Exhibit Report Pages 121−160, # 5 Exhibit Report Pages 161−200, # 6 Exhibit Report Pages 201−240, # 7 Exhibit Report Pages 241−280, # 8 Exhibit Report Pages 281−320, # 9 Exhibit Report Pages 321−360, # 10 Exhibit Report Pages 361−400, # 11 Exhibit Report Pages 401−440, # 12 Exhibit Report Pages 441−480, # 13 Exhibit Report Pages 481−519)(Harvey, Kerry) Modified by adding text "Court Monitor Report 6, May, 2009" to better describe pleading on 6/16/2009 (AKR). (Entered: 06/15/2009)

June 15, 2009

***FILE SUBMITTED TO CHAMBERS of Karen Caldwell for review: 12 Notice of Filing Court Monitor Report 6, May, 2009. (AKR) (Entered: 06/16/2009)

June 16, 2009
13

NOTICE of Appearance by Fredrick Ryan Keith on behalf of Commissioner, Department of Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services, Commonwealth of Kentucky, Deputy Commissioner of the Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services, Governor of the Commonwealth of Kentucky, Secretary of

June 4, 2010

Attorney Update. Attorney Kerry B. Harvey terminated. Substituted by F. Ryan Keith per DE 13 . (CBD) (Entered: 06/04/2010)

June 4, 2010

NOTICE OF DOCKET MODIFICATION TO Frederick Keith re 14 Notice of Filing; Error: attachments were insufficiently described as "Exhibit." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct.) No further action required by counsel. cc: COR (CBD) (Entered: 06/04/2010)

June 4, 2010
15

NINTH STATUS REPORT Court Monitor Report 9 by Commissioner, Department of Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services, Commonwealth of Kentucky, Deputy Commissioner of the Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services, Governor of the Commonwealth of Kentucky, Secretary of the Cabinet for Health and Family Services. (Attachments: # 1 Exhibit Court Monitor Report 9 PART 1, # 2 Exhibit Court Monitor Report 9 PART 2, # 3 Exhibit Court Monitor Report 9 PART 3, # 4 Exhibit Court Monitor Report 9 PART 4, # 5 Exhibit Court Monitor Report 9 PART 5, # 6 Exhibit Court Monitor Report 9 PART 6, # 7 Exhibit Court Monitor Report 9 PART 7, # 8 Exhibit Court Monitor Report 9 PART 8, # 9 Exhibit Court Monitor Report 9 PART 9, # 10 Exhibit Court Monitor Report 9 PART 10, # 11 Exhibit Court Monitor Report 9 PART 11, # 12 Exhibit Court Monitor Report 9 PART 12, # 13 Exhibit Court Monitor Report 9 PART 13, # 14 Exhibit Court Monitor Report 9 PART 14, # 15 Exhibit Court Monitor Report 9 PART 15, # 16 Exhibit Court Monitor Report 9 PART 16, # 17 Exhibit Court Monitor Report 9 PART 17, # 18 Exhibit Court Monitor Report 9 PART 18, # 19 Exhibit Court Monitor Report 9 PART 19, # 20 Exhibit Court Monitor Report 9 PART 20, # 21 Exhibit Court Monitor Report 9 PART 21, # 22 Exhibit Court Monitor Report 9 PART 22, # 23 Exhibit Court Monitor Report 9 PART 23, # 24 Exhibit Court Monitor Report 9 PART 24, # 25 Exhibit Court Monitor Report 9 PART 25)(Keith, Fredrick) (Entered: 12/13/2010)

Dec. 13, 2010
16

SEVENTH STATUS REPORT Court Monitor Report 7 October 2009 by Commissioner, Department of Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services, Commonwealth of Kentucky, Deputy Commissioner of the Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services, Governor of the Commonwealth of Kentucky, Secretary of the Cabinet for Health and Family Services. (Attachments: # 1 Exhibit Court Monitor Report 7 October 2009 − Part 1, # 2 Exhibit Court Monitor Report 7 October 2009 − Part 2, # 3 Exhibit Court Monitor Report 7 October 2009 − Part 3, # 4 Exhibit Court Monitor Report 7 October 2009 − Part 4, # 5 Exhibit Court Monitor Report 7 October 2009 − Part 5, # 6 Exhibit Court Monitor Report 7 October 2009 − Part 6, # 7 Exhibit Court Monitor Report 7 October 2009 − Part 7, # 8 Exhibit Court Monitor Report 7 October 2009 − Part 8, # 9 Exhibit Court Monitor Report 7 October 2009 − Part 9, # 10 Exhibit Court Monitor Report 7 October 2009 − Part 10, # 11 Exhibit Court Monitor Report 7 October 2009 − Part 11, # 12 Exhibit Court Monitor Report 7 October 2009 − Part 12, # 13 Exhibit Court Monitor Report 7 October 2009 − Part 13, # 14 Exhibit Court Monitor Report 7 October 2009 − Part 14, # 15 Exhibit Court Monitor Report 7 October 2009 − Part 15, # 16 Exhibit Court Monitor Report 7 October 2009 − Part 16, # 17 Exhibit Court Monitor Report 7 October 2009 − Part 17, # 18 Exhibit Court Monitor Report 7 October 2009 − Part 18, # 19 Exhibit Court Monitor Report 7 October 2009 − Part 19, # 20 Exhibit Court Monitor Report 7 October 2009 − Part 20, # 21 Exhibit Court Monitor Report 7 October 2009 − Part 21, # 22 Exhibit Court Monitor Report 7 October 2009 − Part 22, # 23 Exhibit Court Monitor Report 7 October 2009 − Part 23, # 24 Exhibit Court Monitor Report 7 October 2009 − Part 24, # 25 Exhibit Court Monitor Report 7 October 2009 − Part 25)(Keith, Fredrick) (Entered: 12/15/2010)

Dec. 15, 2010
17

NOTICE of Appearance by D. Brent Irvin on behalf of Commissioner, Department of Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services, Commonwealth of Kentucky, Deputy Commissioner of the Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services, Governor of the Commonwealth of Kentucky, Secretary of the Cabinet for Health and Family Services (Irvin, D.) (Entered: 08/08/2011)

Aug. 8, 2011
18

NOTICE OF FILING by Commissioner, Department of Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services, Commonwealth of Kentucky, Deputy Commissioner of the Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services, Governor of the Commonwealth of Kentucky, Secretary of the Cabinet for Health and Family Services (Attachments: # 1 Exhibit Court monitor report No. 10, part 1, # 2 Exhibit Court monitor report 10, part 2, # 3 Exhibit court monitor report 10, part 3, # 4 Exhibit court monitor report 10, part 4, # 5 Exhibit court monitor report 10, part 5 of 5)(Irvin, D.) (Entered: 08/08/2011)

Aug. 8, 2011

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 18 Notice of Filing Court Monitor Report No. 10. (AKR) (Entered: 08/09/2011)

Aug. 9, 2011
19

NOTICE by Commissioner, Department of Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services, Commonwealth of Kentucky, Deputy Commissioner of the Mental Health and Mental Retardation Services in the Cabinet for Health and Family Services, Governor of the Commonwealth of Kentucky, Secretary of the Cabinet for Health and Family Services, USA (Attachments: # 1 Proposed Order of Final Dismissal)(Irvin, D.) (Entered: 09/28/2011)

Sept. 28, 2011

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 19 Notice of Final Dismissal. (AKR) (Entered: 09/28/2011)

Sept. 28, 2011
20

ORDER OF FINAL DISMISSAL: this case is dismissed. Signed by Judge Karen K. Caldwell on 9/29/2011.(AKR)cc: COR (Entered: 09/29/2011)

Sept. 29, 2011

State / Territory: Kentucky

Case Type(s):

Intellectual Disability (Facility)

Key Dates

Filing Date: Aug. 31, 2006

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice (on behalf of individuals with developmental disabilities, residing at Oakwood)medical/dental/nursing services, psychiatric services, therapy services, and p

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

Department of Mental Health and Mental Retardation Services, State

Cabinet for Health and Family Services , State

Commonwealth of Kentucky, State

Case Details

Causes of Action:

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

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: 2006 - 2011

Issues

General:

Aggressive behavior

Assault/abuse by staff

Food service / nutrition / hydration

Incident/accident reporting & investigations

Individualized planning

Neglect by staff

Restraints : physical

Staff (number, training, qualifications, wages)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mental impairment

Mental Disability:

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Intellectual disability/mental illness dual diagnosis

Medical care, general

Medication, administration of

Mental health care, general

Untreated pain

Type of Facility:

Government-run