Filed Date: April 27, 1988
Clearinghouse coding complete
On April 27, 1988, persons with intellectual disabilities residing at Greenbrook Manor in Monroe, Michigan, the Kalamazoo Total Living Center in Kalamazoo, Michigan, the Mt. Pleasant Total Living Center in Mt. Pleasant, Michigan, the Taylor Total Living Center in Taylor, Michigan, and the Wayne Total Living Center in Wayne, Michigan, filed a class action lawsuit under the Michigan State Constitution and under 42 U.S.C. § 1983 against the Michigan Department of Mental Health (MDMH) in the Michigan Third Judicial Court in Wayne County, Michigan. The plaintiffs, represented by the Michigan Protection and Advocacy Service, asked the court for declaratory and injunctive relief, as well as damages. They alleged that their constitutional rights had been violated by the defendants' failure to provide the following: habilitation services, psychological services and behavioral management services needed to reduce maladaptive behaviors or self-injurious behaviors, medical services, recreational and social activities, community placements, physical and mental examinations on an annual basis. The plaintiffs alleged that the failure to provide these things constituted discrimination on the basis of their handicaps.
On June 8, 1993, the Michigan Circuit Court for the County of Ingham (Judge James R. Giddings) issued a consent decree in the case. The decree provided for comprehensive assessments and plans of care for each patient, safe and sanitary living conditions, privacy consistent with the care and treatment setting, freedom from unnecessary restraints, adequate medical supervision, record-keeping, regular outdoor physical exercise and recreational activities, a structured habilitative day program, community placements for residents when possible, and $150,000 in attorneys' fees to be paid to the plaintiffs.
We have no further information on the proceedings in this case.
Summary Authors
Kristen Sagar (7/21/2006)
Giddings, James R. (Michigan)
Coulter, Delores M. (Michigan)
Harris, Kathleen N. (Michigan)
Mattison, Deborah A. (Alabama)
Marsden, Erica Weiss (Michigan)
Giddings, James R. (Michigan)
Last updated Aug. 30, 2023, 1:41 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Michigan
Case Type(s):
Intellectual Disability (Facility)
Key Dates
Filing Date: April 27, 1988
Case Ongoing: Unknown
Plaintiffs
Plaintiff Description:
all developmentally disabled persons who are or may be residents at Greenbrook Manor, Kalamazoo Total Living Center, Mt. Pleasant Total Living Center, Taylor Total Living Center, or Wayne Total Living Center
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Greenbrook Manor (Monroe), State
Kalamazoo Total Living Center (Kalamazoo), State
Mt. Pleasant Total Living Center (Mt. Pleasant), State
Taylor Total Living Center (Taylor), State
Michigan Department of Mental Health (Wayne), State
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 1993 - 0
Issues
General:
Jails, Prisons, Detention Centers, and Other Institutions:
Habilitation (training/treatment)
Disability and Disability Rights:
Intellectual/developmental disability, unspecified
Medical/Mental Health:
Intellectual disability/mental illness dual diagnosis
Type of Facility: