Case: Weston v. Wyoming State Training School

2:90-cv-00004 | U.S. District Court for the District of Wyoming

Filed Date: Jan. 3, 1990

Closed Date: Dec. 5, 1994

Clearinghouse coding complete

Case Summary

In 1990, prior to the passage of the Americans with Disabilities Act, a group of residents of the Wyoming State Training School, an institution that housed individuals with intellectual disabilities, brought this lawsuit. Represented by the Wyoming Protection and Advocacy System, the plaintiffs sought to remedy unconstitutional conditions and statutory violations at the institution and aimed to force Wyoming to create community living options for many of its residents.Though it predated the ADA…

In 1990, prior to the passage of the Americans with Disabilities Act, a group of residents of the Wyoming State Training School, an institution that housed individuals with intellectual disabilities, brought this lawsuit. Represented by the Wyoming Protection and Advocacy System, the plaintiffs sought to remedy unconstitutional conditions and statutory violations at the institution and aimed to force Wyoming to create community living options for many of its residents.

Though it predated the ADA (and the ADA interpretation endorsed by the Supreme Court in Olmstead v. L.C.), the lawsuit alleged numerous legal violations. The plaintiffs alleged violations of state and federal disability-focused statutes, most prominently Section 504 of the Rehabilitation Act of 1973 and Medicaid. The plaintiffs also alleged violations of the Education for All Handicapped Children Act (now the Individuals with Disabilities in Education Act) based on the institutions' failures to assess the individual needs of and provide educational services to school-age children in the institution. Finally, via 42 U.S.C. § 1983, the plaintiffs alleged that the institution and its officials violated the U.S. Constitution (including a number of Due Process-based liberty interests and Equal Protection).

The Complaint detailed an extensive set of inhumane and neglectful circumstances that led to these violations. Individuals in the Wyoming State Training School were not individually assessed or provided with sufficient habilitation, training, and treatment for their needs. Staff routinely failed to protect residents from abuse and physical injuries (including self-inflicted injuries). There was insufficient space and lack of privacy for the residents. Residents were not provided socialization, stimulation, education, therapy, or training in self-care. Staff were overwhelmed, unsupported and not provided with adequate training.

The Complaint further alleged that the plaintiffs had a right to live in the community where possible, and that the state was responsible for providing the services that would allow Training School residents to live in integrated settings.

The litigation process moved toward settlement. On April 27, 1990, the parties stipulated to the certification of the class and entered a Stipulation to Establish the Framework for Settlement. In this Stipulation, the parties laid out areas to resolve, appointed an expert committee to carry out the negotiation, made plans to provide for the immediate needs of the plaintiffs, and set ground rules for future negotiation. In July 1990, the parties entered a stipulation on the immediate needs of the plaintiffs, which included the creation of an Immediate Needs Assessment Team to engage in the necessary individualized planning for each plaintiff.

After several more months of discovery and negotiations, the parties entered a complete Settlement Agreement on March 31, 1991 to address the needs of both those residing at the institution and individuals with disabilities who would be at risk of placement in the institution without additional support services. The Agreement sought to substantially improve conditions at the Wyoming State Training School. It covered the nature of the institution, its staffing, educational opportunities, and individualized planning, with substantial monitoring and reporting requirements. The agreement also sought to increase the availability of community placement options. The parties selected a Compliance Advisory Board (CAB) composed of two experts who would both assist in carrying out the agreement and report to the court on its implementation.

The CAB continued to report to the court until the fall of 1994. During this period, a bout of litigation emerged in the case over the placement of class member Sara Kawulok. With the Kawulok issue resolved and substantial progress documented, the parties agreed to relieve the CAB of its reporting requirements in late 1994. The parties entered a permanent settlement in October 1994 and in December 1994, the court dismissed its jurisdiction over the case.

Summary Authors

Beth Kurtz (11/27/2012)

People


Judge(s)
Attorney for Plaintiff

Davis, Michael K. (Wyoming)

Attorney for Defendant

Coll, Dennis (Wyoming)

Freudenthal, Steven F. (Wyoming)

Heckert, Rowena L. (Wyoming)

Documents in the Clearinghouse

Documents in this case

2:90-cv-00004

Docket

Dec. 30, 1996

Dec. 30, 1996

Docket
1

2:90-cv-00004

Class Action Complaint

Jan. 3, 1990

Jan. 3, 1990

Complaint
28

2:90-cv-00004

Plaintiff's Motion for Class Certification

March 16, 1990

March 16, 1990

Pleading / Motion / Brief
29

2:90-cv-00004

Plaintiff's Memorandum of Law in Support of Motion for Class Certification

March 16, 1990

March 16, 1990

Pleading / Motion / Brief
39

2:90-cv-00004

Defendants' Motion in Opposition of Class Certification

April 19, 1990

April 19, 1990

Pleading / Motion / Brief
40

2:90-cv-00004

Brief in Oppostition of Class Action

April 19, 1990

April 19, 1990

Pleading / Motion / Brief
41

2:90-cv-00004

Stipulation to Establish Framework for Settlement

April 27, 1990

April 27, 1990

Pleading / Motion / Brief
42

2:90-cv-00004

Stipulation of Class Action Certification

April 27, 1990

April 27, 1990

Pleading / Motion / Brief

2:90-cv-00004

Affidavits of Publication

April 30, 1990

April 30, 1990

Pleading / Motion / Brief
43

2:90-cv-00004

Order of Class Action Certification

April 30, 1990

April 30, 1990

Order/Opinion

Docket

Last updated March 24, 2025, 8:19 a.m.

ECF Number Date Description Link
1 Jan. 3, 1990

COMPLAINT (Summons(es) issued) Filing fee paid − $120.00 Receipt # 273857 (dktclerk) (Entered: 10/12/1994)

PACER
2 Jan. 3, 1990

ATTORNEY APPEARANCE for plaintiffs by Danny Wilde (dktclerk) (Entered: 10/12/1994)

PACER
3 Jan. 3, 1990

ATTORNEY APPEARANCE for plaintiffs by Michael R O'Donnell (dktclerk) (Entered: 10/12/1994)

PACER
4 Jan. 3, 1990

ATTORNEY APPEARANCE for plaintiffs by Michael H Reese (dktclerk) (Entered: 10/12/1994)

PACER
5 Jan. 8, 1990

RETURN OF SERVICE of summons on Stan Smith on 1/4/90 (dktclerk) (Entered: 10/12/1994)

PACER
6 Jan. 8, 1990

RETURN OF SERVICE of summons on Jack Sidi on 1/4/90 (dktclerk) (Entered: 10/12/1994)

PACER
7 Jan. 8, 1990

RETURN OF SERVICE of summons on Lynn Simons as Superintendent of Public Instructions on 1/4/90 (dktclerk) (Entered: 10/12/1994)

PACER
8 Jan. 8, 1990

RETURN OF SERVICE of summons on Lynn Simons as a member of the board on 1/4/90 (dktclerk) (Entered: 10/12/1994)

PACER
9 Jan. 8, 1990

RETURN OF SERVICE of summons on Steven E Zimmerman on 1/4/90 (dktclerk) (Entered: 10/12/1994)

PACER
10 Jan. 8, 1990

RETURN OF SERVICE of summons on WY Dept of Health and Social Services on 1/4/90 (dktclerk) (Entered: 10/12/1994)

PACER
11 Jan. 8, 1990

RETURN OF SERVICE of summons on Kenneth B Heinlein on 1/4/90 (dktclerk) (Entered: 10/12/1994)

PACER
12 Jan. 8, 1990

RETURN OF SERVICE of summons on Mike Sullivan on 1/4/90 (dktclerk) (Entered: 10/12/1994)

PACER
13 Jan. 8, 1990

RETURN OF SERVICE of summons on Kathy Karpan on 1/4/90 (dktclerk) (Entered: 10/12/1994)

PACER
14 Jan. 8, 1990

RETURN OF SERVICE of summons on K Gary Sherman on 1/4/90 (dktclerk) (Entered: 10/12/1994)

PACER
15 Jan. 8, 1990

RETURN OF SERVICE of summons on Sherri Lovercheck on 1/4/90 (dktclerk) (Entered: 10/12/1994)

PACER
16 Jan. 8, 1990

RETURN OF SERVICE of summons on WY Board of Charities and Reform on 1/4/90 (dktclerk) (Entered: 10/12/1994)

PACER
17 Jan. 10, 1990

RETURN OF SERVICE of summons on WY State Training School on 1/8/90 (dktclerk) (Entered: 10/12/1994)

PACER
18 Jan. 10, 1990

RETURN OF SERVICE of summons on Robert Clabby II on 1/8/90 (dktclerk) (Entered: 10/12/1994)

PACER
20 Jan. 25, 1990

ATTORNEY APPEARANCE by Dennis M Coll, Josephine Porter and Terry Armitage as attorneys for defendants (dktclerk) (Entered: 10/12/1994)

PACER
21 Jan. 25, 1990

MOTION by defendant to extend time (dktclerk) (Entered: 10/12/1994)

PACER
22 Jan. 29, 1990

ORDER by Honorable Alan B. Johnson granting motion to extend time to respond until 2/23/90 [21−1] (cc: all counsel mld 1/29/90) (dktclerk) (Entered: 10/12/1994)

PACER
23 Feb. 23, 1990

MOTION by defendants for order requiring plaintiff to furnish more definite statement of claim (dktclerk) (Entered: 10/12/1994)

PACER
24 Feb. 23, 1990

MOTION by defendants to dismiss (dktclerk) (Entered: 10/12/1994)

PACER
25 Feb. 23, 1990

MEMORANDUM of points and authorities by defendants in support of motion to dismiss [24−1] (dktclerk) (Entered: 10/12/1994)

PACER
26 March 8, 1990

MOTION by plaintiffs for enlargement of time (dktclerk) (Entered: 10/12/1994)

PACER
27 March 8, 1990

ORDER by Magistrate William C. Beaman granting motion for enlargement of time to respond to motion to dismiss until 3/26/90 [26−1] (cc: all counsel) (dktclerk) (Entered: 10/12/1994)

PACER
28 March 16, 1990

MOTION by plaintiff to certify class action (jg) (Entered: 10/12/1994)

PACER
29 March 16, 1990

MEMORANDUM by plaintiff in support of motion to certify class action [28−1] (jg) (Entered: 10/12/1994)

PACER
30 March 26, 1990

MOTION by plaintiff to amend complaint (jg) (Entered: 10/12/1994)

PACER
31 March 26, 1990

RESPONSE by plaintiffs to motion to dismiss [24−1] (jg) (Entered: 10/12/1994)

PACER
32 March 26, 1990

MEMORANDUM by plaintiffs in support of motion response [31−1] (jg) (Entered: 10/12/1994)

PACER
32 March 29, 1990

MOTION (PETITION) to intervene as 3d party plaintiff (A Hamburg) (jg) Modified on 10/12/1994 (Entered: 10/12/1994)

PACER
32 April 2, 1990

NOTICE setting hearing before Honorable Alan B. Johnson on the motion to certify class action [28−1] at 10:30 4/6/90 Casper (cc: all counsel) (jg) (Entered: 10/12/1994)

PACER
33 April 4, 1990

NOTICE RESETTING hearing before Honorable Alan B. Johnson on the motion to certify class action [28−1] at 8:30 4/19/90 Casper (cc: all counsel) (jg) (Entered: 10/12/1994)

PACER
34 April 4, 1990

ORDER by Honorable Alan B. Johnson setting hearing before Honorable Alan B. Johnson on all pending motions at 8:30 am on 4/19/90 in Casper (cc: all counsel) (jg) Modified on 10/13/1994 (Entered: 10/12/1994)

PACER
35 April 9, 1990

ORDER by Honorable Alan B. Johnson denying motion to intervene as 3d party plaintiff (A Hamburg) [32−1] (cc: counsel) (jg) (Entered: 10/12/1994)

PACER
36 April 12, 1990

PETITION by Albert Hamburg for writ of mandamus (jg) (Entered: 10/12/1994)

PACER
37 April 12, 1990

OPPOSITION by defendants to motion to amend complaint [30−1] (jg) (Entered: 10/12/1994)

PACER
38 April 16, 1990

ORDER by Honorable Alan B. Johnson denying petition [36−1] (cc: all counsel) (jg) Modified on 10/12/1994 (Entered: 10/12/1994)

PACER
39 April 19, 1990

OPPOSITION by defendants to motion to certify class action [28−1] (jg) (Entered: 10/12/1994)

PACER
40 April 19, 1990

MEMORANDUM (BRIEF) by defendants in opposition to motion to certify class action [28−1] (jg) (Entered: 10/12/1994)

PACER
41 April 27, 1990

STIPULATION to establish framework for settlement (jg) (Entered: 10/12/1994)

PACER
43 April 30, 1990

ORDER by Honorable Alan B. Johnson granting motion to certify class action [28−1] (cc: all counsel) (jg) (Entered: 10/12/1994)

PACER
44 July 13, 1990

STIPULATION on immediate needs issues (jg) (Entered: 10/12/1994)

PACER
45 July 13, 1990

AMENDMENT (MODIFICATION) of stipulation [44−1] (jg) Modified on 10/13/1994 (Entered: 10/12/1994)

PACER
48 July 24, 1990

ORDER by Honorable Alan B. Johnson re stipulation on immediate needs issue: adopted as a resolution and compromise of part of the issues and is incorporated within this order; FURTHER ORDERED that attached notice of partial compromise shall be given to all members of the class by publication in newspapers in Lander, Casper and Cheyenne; State of Wyoming to bear costs of publication [44−1] (cc: all counsel) (jg) (Entered: 10/12/1994)

PACER
46 July 25, 1990

NOTICE of pendency of class action (jg) (Entered: 10/12/1994)

PACER
47 July 25, 1990

ORDERED, ADJUDGED AND DECREED by Honorable Alan B. Johnson that stipulation dated 4/24/90 be modified re modification of stipulation [45−1] (cc: all counsel) (jg) (Entered: 10/12/1994)

PACER
49 Aug. 1, 1990

NOTICE OF PARTIAL COMPROMISE (Judge Johnson; mld 8/2/90) (jg) (Entered: 10/12/1994)

PACER
50 Aug. 10, 1990

MOTION by plaintiffs' attorneys for interim costs and fees (jg) (Entered: 10/12/1994)

PACER
51 Aug. 10, 1990

AFFIDAVIT of Jeanne Kawcak in support of motion for fees and costs [50−1] (jg) (Entered: 10/12/1994)

PACER
52 Aug. 10, 1990

AFFIDAVIT of Michael J O'Donnell in support of motion for fees and costs [50−1] (jg) (Entered: 10/12/1994)

PACER
53 Aug. 10, 1990

AFFIDAVIT of Michael H Heese in support of motion for fees and costs [50−1] (jg) (Entered: 10/12/1994)

PACER
54 Aug. 10, 1990

AFFIDAVIT of Danny S Wilde in support of motion for fees and costs [50−1] (jg) (Entered: 10/12/1994)

PACER
55 Aug. 15, 1990

NOTICE setting hearing before Honorable Alan B. Johnson on the motion for interim costs and fees [50−1] at 8:00 in Cheyenne (cc: all counsel) (jg) (Entered: 10/12/1994)

PACER
56 Aug. 15, 1990

NOTICE setting hearing before Honorable Alan B. Johnson on the motion for interim costs and fees [50−1] at 8:00 in Cheyenne (cc: all counsel) (jg) (Entered: 10/12/1994)

PACER
57 Aug. 17, 1990

MEMORANDUM by plaintiffs in support of motion for interim costs and fees [50−1] (jg) (Entered: 10/12/1994)

PACER
58 Aug. 17, 1990

MOTION by defendants to continue (jg) (Entered: 10/12/1994)

PACER
59 Aug. 17, 1990

REQUEST by defendants for evidentiary hearing (jg) (Entered: 10/12/1994)

PACER
60 Aug. 17, 1990

OPPOSITION (OBJECTION) by defendant to motion for interim costs and fees [50−1] (jg) (Entered: 10/12/1994)

PACER
61 Aug. 17, 1990

OBJECTION by plaintiff to request for evidentiary hearing [59−1] and to motion for continuance [58−1] (jg) (Entered: 10/12/1994)

PACER
62 Aug. 17, 1990

RENEWAL OF MOTION by defendant to continue (jg) (Entered: 10/12/1994)

PACER
63 Aug. 22, 1990

BRIEF by plaintiff regarding entitlement to interim attorneys' fees [50−1] (jg) (Entered: 10/12/1994)

PACER
64 Aug. 22, 1990

CIVIL MINUTE SHEET: re request for evidentiary hearing [59−1]; re motion for continuance [58−1]; re motion for interim fees and costs [50−1] (jg) (Entered: 10/12/1994)

PACER
Sept. 28, 1990

REMARK: attorneys called re location of conference on 10/5/90 in Cheyenne (not Casper) (jg) Modified on 10/12/1994 (Entered: 10/12/1994)

PACER
66 Dec. 6, 1990

MOTION by plaintiffs to compel (provide) immediate access to Protection &Advocacy System of all records of class members at Wyo State Training School (jg) (Entered: 10/12/1994)

PACER
67 March 31, 1991

STIPULATED AGREEMENT (for settlement) (jg) (Entered: 10/12/1994)

PACER
68 June 14, 1991

STIPULATION for Agreement (jg) (Entered: 10/12/1994)

PACER
69 June 28, 1991

ORDER by Honorable Alan B. Johnson: stipulation on atty fees and other costs is accepted [50−1]; FURTHER ORDERED Clerk of Court accept funds and remit same to agent of Protection and Advocacy System Inc (cc: all counsel) (jg) (Entered: 10/12/1994)

PACER
70 July 1, 1991

CONSENT DECREE AND ORDER by Honorable Alan B. Johnson: decree shall continue in full force until 12/31/94; Compliance Advisory Board shall submit a final written report to the Court prior to entry of the dismissal of this action(cc: all counsel) (jg) (Entered: 10/12/1994)

PACER
71 July 16, 1991

AFFIDAVITS of publication (jg) (Entered: 10/12/1994)

PACER
72 Aug. 5, 1991

APPENDIX "A" filed by defendant (jg) (Entered: 10/12/1994)

PACER
74 Oct. 31, 1991

INDEPENDENT DEATH REVIEW COMMITTEE &PROCEDURES (jg) (Entered: 10/12/1994)

PACER
75 Nov. 4, 1991

COMPLIANCE ADVISORY BOARD first fifteen and one half month budget (jg) (Entered: 10/12/1994)

PACER
73 Nov. 5, 1991

SIX−MONTH REVIEW &REPORT by plaintiff to Compliance Advisory Board (jg) (Entered: 10/12/1994)

PACER
76 Feb. 18, 1992

FINDINGS &DIRECTIVES OF THE COMPLIANCE ADVISORY BOARD re 4−year plan dispute (jg) (Entered: 10/12/1994)

PACER
77 Feb. 21, 1992

STIPULATION modifying consent decree (jg) (Entered: 10/12/1994)

PACER
78 Feb. 25, 1992

MOTION by defendant WY Brd Education for amendment (modification) of consent decree (jg) (Entered: 10/12/1994)

PACER
79 Feb. 27, 1992

FIRST ORDER MODIFYING CONSENT DECREE by Honorable Alan B. Johnson [78−1] (cc: all counsel) (jg) (Entered: 10/12/1994)

PACER
80 March 23, 1992

NOTICE by plaintiffs of SIX−MONTH REVIEW &REPORT to Compliance Advisory Board (jg) (Entered: 10/12/1994)

PACER
81 June 9, 1992

REMARK: COMPLIANCE ADVISORY BOARD − from Wiederspahn Lummis &Liepas (jg) (Entered: 10/12/1994)

PACER
82 Sept. 30, 1992

PETITION for judicial review (jg) (Entered: 10/12/1994)

PACER
83 Oct. 5, 1992

NOTICE: THIRD ANNUAL REVIEW &REPORT to Compliance Advisory Board (jg) (Entered: 10/12/1994)

PACER
84 Oct. 9, 1992

MOTION by defendant WY Brd Education to strike , dismiss or deny petition for judicial review of Kawulok Placement decision (jg) (Entered: 10/12/1994)

PACER
85 Oct. 9, 1992

MEMORANDUM by defendant WY Brd Education in support of motion to strike [84−1], of motion dismiss or deny for judicial review of Kawulok Placement decision [84−2] (jg) (Entered: 10/12/1994)

PACER
86 Oct. 30, 1992

NOTICE setting hearing before Honorable Alan B. Johnson on the motion to strike [84−1] at 9:00 11/5/92 in Cheyenne, setting hearing before Honorable Alan B. Johnson on the motion dismiss or deny petition for judicial review of Kawulok Placement decision [84−2] at 9:00 11/5/92 in Cheyenne (cc: all counsel) (jg) (Entered: 10/12/1994)

PACER
88 Nov. 4, 1992

STIPULATION of continuance (jg) (Entered: 10/12/1994)

PACER
89 Nov. 4, 1992

ORDER by Honorable Alan B. Johnson vacating hearing re motion to strike [84−1], vacating hearing re motion dismiss or deny petition for judicial review of Kawulok Placement decision [84−2] on 11/5/92 (cc: all counsel) (jg) (Entered: 10/12/1994)

PACER
90 Nov. 20, 1992

NOTICE setting hearing before Honorable Alan B. Johnson on the motion to strike [84−1] at 8:00 12/2/92 in Casper (cc: all counsel) (jg) (Entered: 10/12/1994)

PACER
91 Dec. 2, 1992

ORDER by Honorable Alan B. Johnson: all medical and residential issues re Sara Kawulok should be remanded to Compliance Advisory Board for decision and further finds that Sara Kawulok's educational placement at BOCES is temporarily subject to the CAB decision; further proceedings will comply with provisions of stipulated agreement and consent decree entered herein; parties shall bear their own costs [84−2] (cc: all counsel) (jg) (Entered: 10/12/1994)

PACER
92 Sept. 28, 1993

REPORT to Compliance Advisory Board by State of Wyoming (jg) (Entered: 10/12/1994)

PACER
93 Oct. 15, 1993

ATTORNEY SUBSTITUTION: Shirley Kingston substituted for Dennis M Coll (jg) (Entered: 10/12/1994)

PACER
94 Nov. 22, 1993

STIPULATED AGREEMENT re documenting the current status of the terms, conditions and obligations of the Consent Decree (jg) (Entered: 10/12/1994)

PACER
95 March 25, 1994

NOTICE by plaintiffs: SIX−MONTH REVIEW AND REPORT to Compliance Advisory Board (jg) (Entered: 10/12/1994)

PACER
96 March 25, 1994

LETTER re sixth semi−annual report of Consent Decree (jg) (Entered: 10/12/1994)

PACER
97 April 7, 1994

PETITION to Compliance Advisory Board for appointment of hearing officer and review of recommendation of residential placement of Sara Kuwulok and review of medical recommendation (jg) (Entered: 10/12/1994)

PACER
98 April 7, 1994

REMARK: COMPLIANCE ADVISORY BOARD DIRECTIVE re Sara Kawulok (jg) (Entered: 10/12/1994)

PACER
99 April 15, 1994

OBJECTIONS to Compliance Advisory Board Directive [98−1] (jg) (Entered: 10/12/1994)

PACER
100 April 15, 1994

MEMORANDUM information re all medical and residential issues; PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW; and proposed compliance advisory board directive filed by WY Attorney General (jg) (Entered: 10/12/1994)

PACER
101 April 18, 1994

PRAECIPE by Robert and Debra Kawulok for filing (jg) (Entered: 10/12/1994)

PACER

Case Details

State / Territory:

Wyoming

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 3, 1990

Closing Date: Dec. 5, 1994

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were individuals with intellectual disabilities who were housed in the Wyoming State Training School, a state facility.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Wyoming State Training School

Defendant Type(s):

Hospital/Health Department

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Other Dockets:

District of Wyoming 2:90-cv-00004

Available Documents:

Complaint (any)

Findings Letter/Report

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Monitoring

Monitor/Master

Preliminary relief granted

Reasonable Accommodation

Recordkeeping

Reporting

Issues

General/Misc.:

Bathing and hygiene

Classification / placement

Conditions of confinement

Education

Failure to supervise

Failure to train

Incident/accident reporting & investigations

Individualized planning

Neglect by staff

Reassessment and care planning

Record-keeping

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Benefits (Source):

Medicaid

Disability and Disability Rights:

Disability, unspecified

Integrated setting

Intellectual/developmental disability, unspecified

Least restrictive environment

Mental impairment

Special education

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by non-staff (facilities)

Assault/abuse by staff (facilities)

Deinstitutionalization/decarceration

Habilitation (training/treatment)

Medical/Mental Health Care:

ICF/MR & HCFA standards

Intellectual/Developmental Disability

Recommended Citation