Filed Date: 2006
Case Ongoing
Clearinghouse coding in progress
On May 2, 2006, the U.S. Department of Justice's Civil Rights Division ("DOJ") sent its "findings letter" to California's governor, advising him of the results of the November 2005, DOJ investigation of conditions and practices at the Atascadero State Hospital ("ASH"), a facility housing residents with mental illness. The investigation 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 ASH staff for providing a high level of cooperation during the investigation, as well as the dedication many showed for patient well-being. Nevertheless, the investigation found "significant and wide-ranging" deficiencies in patient care at ASH.
DOJ concluded that deficiencies in conditions of patient care and treatment at ASH existed as to seven topical areas, including (1) psychiatry; (2) pharmaceutical services; (3) psychology; (4) medical care, including general medical services, infection control, physical and occupational therapy, dietary and dental care; (4) nursing services; (5) placement in the most integrated setting; (6) protection from harm and (7) quality assurance. Moreover, the findings letter stated that these shortcomings were materially similar to those outlined in the other findings letters to the state in 2003 and 2004. The letter provided details of deficiencies for all seven of these categories.
Minimally-acceptable remedial measures for each of these categories were outlined in the letter, which referenced a more detailed "Enhancement Plan" which had been negotiated by the state and the DOJ. That plan existed as part of a May 2, 2006, consent judgment in a separate civil rights enforcement proceeding concerning, at first, two other California mental health facilities. Settlement in that matter formed the basis for a February 27, 2007, amended consent judgment which included ASH and a fourth California mental hospital. (U.S. V. California).
Summary Authors
Mike Fagan (5/21/2008)
U.S. v. California, Central District of California (2006)
DOJ CRIPA Investigation of Patton State Hospital, Central District of California (2006)
Brown Cutlar, Shanetta Y. (District of Columbia)
Daniels, Howard F. (California)
Kim, Wan J. (District of Columbia)
Furtek, Frank S. (California)
Lockyer, Bill (California)
Schiavelli, George P. (California)
State / Territory: California
Case Type(s):
Key Dates
Filing Date: 2006
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
U.S. DOJ (Civil Rights Enforcment Division)
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
Defendants
Atascadero State Hospital, State
California Dept. of Mental Health, State
Case Details
Causes of Action:
Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
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: 2006 - 2011
Issues
General:
Staff (number, training, qualifications, wages)
Jails, Prisons, Detention Centers, and Other Institutions:
Habilitation (training/treatment)
Disability and Disability Rights:
Medical/Mental Health:
Type of Facility: