Filed Date: Jan. 12, 2004
Closed Date: 2007
Clearinghouse coding complete
On September 19, 1994, the United States Department of Justice (DOJ) instituted an investigation into the conditions of confinement at the Pinecrest Developmental Center in Pineville, Louisiana, pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997. The investigation was instituted due to concerns that the constitutional rights of the residents at Pinecrest were being violated by abuse, neglect, inadequate medical care, inadequate psychiatric care, and failure to provide residents with adequate training.
On October 12, 1994, the DOJ issued a letter to the state of Louisiana, informing the governor of their intention to investigate the conditions at Pinecrest. From January 9-13, 1995, the DOJ conducted an investigative tour of the facility. On June 29, 1995, the DOJ issued a findings letter to the governor, informing him that they had found unconstitutional conditions at the facility, including inadequate psychiatric care, inadequate behavioral programs, inadequate training programs, excessive use of restraints, inadequate medical care, inadequate nursing services, inadequate nutrition, inadequate occupational therapy, inadequate physical therapy, inadequate record-keeping, and inadequate staffing.
On January 12, 2004, the DOJ filed a lawsuit in the US District Court for the Middle District of Louisiana. On that same day, the parties entered into a settlement agreement, which was approved by Judge James J. Brady. The agreement provided for changes in the areas of restraints, protection from abuse and harm, protection of resident possessions from theft, record-keeping, medical care, dental care, mental healthcare, placement of residents in the least confining environment possible, and nutrition.
On June 15, 2007, Judge Brady granted the parties' joint motion to dismiss. The case is now closed.
Summary Authors
Kristen Sagar (3/21/2007)
Jessica Kincaid (4/9/2015)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/19690334/parties/united-states-of-ame-v-state-of-louisiana/
Brady, James J. (Louisiana)
Acosta, R. Alexander (District of Columbia)
Ashcroft, John (District of Columbia)
Brown Cutlar, Shanetta Y. (District of Columbia)
Dawkins, Kathleen (Louisiana)
Brady, James J. (Louisiana)
Acosta, R. Alexander (District of Columbia)
Ashcroft, John (District of Columbia)
Brown Cutlar, Shanetta Y. (District of Columbia)
Farano, Richard J. (District of Columbia)
Gerhart, Sarah H. (District of Columbia)
Low, Daniel L. (District of Columbia)
Patrick, Deval L. (District of Columbia)
Peabody, Arthur E. Jr. (District of Columbia)
Preston, Judith (Judy) C. (District of Columbia)
Schlozman, Bradley (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/19690334/united-states-of-ame-v-state-of-louisiana/
Last updated Feb. 7, 2024, 3 a.m.
State / Territory: Louisiana
Case Type(s):
Intellectual Disability (Facility)
Key Dates
Filing Date: Jan. 12, 2004
Closing Date: 2007
Case Ongoing: No
Plaintiffs
Plaintiff Description:
United States 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
Pinecrest Developmental Center (Pineville), 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.
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Mixed
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 2004 - 2007
Issues
General:
Food service / nutrition / hydration
Staff (number, training, qualifications, wages)
Jails, Prisons, Detention Centers, and Other Institutions:
Habilitation (training/treatment)
Assault/abuse by staff (facilities)
Disability and Disability Rights:
Intellectual/developmental disability, unspecified
Medical/Mental Health:
Mental health care, unspecified
Type of Facility: