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On February 8, 1995, the Civil Rights Division of the U.S. Department of Justice [DOJ] sent notice to the State of South Carolina that it was conducting an investigation into the conditions of confinement at the Whitten Center in Clinton, South Carolina, pursuant to its authority under the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997 et seq. Whitten was a state-operated institution housing approximately 800 developmentally disabled children and adults.
The DOJ advised the State that it would be examining resident safety, the adequacy of medical care, training, staffing, the use of psychotropic medication, and issues involving community placement.
The DOJ's decision to launch a formal investigation followed interviews with employees of the South Carolina Protection & Advocacy System for the Handicapped, Inc., and a parent of a Whitten resident, who reported various instances of daily abuse and neglect at Whitten. The abuse included residents being left unattended, sitting in their own urine and feces for hours. 10 unexplained resident deaths were said to have occurred in just one month.
Additional information regarding abuse came from reports of state surveyors, who annually enforced the Health Care Financing Administration's ("HCFA") Title XIX regulations by inspecting the Whitten facility. One report, for example, noted that on a recent visit surveyors noted full urinals, toilets with unflushed feces, and dirty clothes with bad odors.
A separate State-generated report of incidents of reported abuse, listed 44 separate allegations of abuse at Whitten during the fiscal year 1992-93.
A spreadsheet on CRIPA matters shared by the DOJ does not show any additional action (no findings letter or lawsuit is noted) until the matter was closed on March 1, 2002.
Note: The same spreadsheet shows an earlier matter involving a Whitten Center listed as being in Laurens, South Carolina. Laurens is the name of both the county in which Clinton is situated, and also a town in that county. It's unclear whether this earlier matter involved the same facility or a related one. In any event, apparently no formal investigation was opened, and the preliminary inquiry was closed Sept. 15, 1993. (DJ 168-67-85)
Summary Authors
Dan Dalton (3/19/2007)
Patrick, Deval L. (District of Columbia)
Peabody, Arthur E. Jr. (District of Columbia)
Last updated Aug. 30, 2023, 1:47 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: South Carolina
Case Type(s):
Intellectual Disability (Facility)
Key Dates
Case Ongoing: No reason to think so
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
Whitten Center (Clinton), State
Case Details
Causes of Action:
Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General:
Sanitation / living conditions
Jails, Prisons, Detention Centers, and Other Institutions:
Habilitation (training/treatment)
Assault/abuse by staff (facilities)
Disability and Disability Rights:
Developmental disability without intellectual disability
Intellectual/developmental disability, unspecified
Medical/Mental Health: