Case: U.S. v. Georgia

1:10-cv-00249 | U.S. District Court for the Northern District of Georgia

Filed Date: Jan. 28, 2010

Case Ongoing

Clearinghouse coding complete

Case Summary

In 2008 and 2009, the United States Department of Justice investigated Georgia’s seven state-operated psychiatric hospitals. The investigations found that the hospitals were violating patients’ constitutional and statutory rights in multiple ways, such as by: failing to adequately protect patients from harm; improperly utilizing seclusion and restraints; providing inadequate nursing and health care; failing to provide adequate services for populations with specialized needs; and failing to disc…

In 2008 and 2009, the United States Department of Justice investigated Georgia’s seven state-operated psychiatric hospitals. The investigations found that the hospitals were violating patients’ constitutional and statutory rights in multiple ways, such as by:

  • failing to adequately protect patients from harm;
  • improperly utilizing seclusion and restraints;
  • providing inadequate nursing and health care;
  • failing to provide adequate services for populations with specialized needs; and
  • failing to discharge patients to placement “in the most integrated setting” as required by the Supreme Court in L.C. v. Olmsted.
As a result of these investigations, the DOJ filed a federal lawsuit under the Civil Rights of Institutionalized Persons Act on January 15, 2009. That lawsuit was filed together with a proposed settlement agreement.

A year later, the settlement agreement in that case was still awaiting final court approval, and the DOJ was concerned that Georgia continued to provide deficient services, exposing patients to serious harm. The DOJ filed this lawsuit seeking injunctive relief on January 28, 2010 in the U.S. District Court for the Northern District of Georgia, on the same day that it filed a motion for a preliminary injunction in the other lawsuit. This case was assigned to Judge Charles A. Pannell, Jr., who was also presiding over the other lawsuit. In this lawsuit, the DOJ alleged that Georgia was violating the Americans with Disabilities Act by unnecessarily institutionalizing people with disabilities. Georgia’s system had previously been the subject of a landmark U.S. Supreme Court case (L.C. v. Olmsted), but ten years after Olmsted, Georgia had still failed to adequately implement policies to prevent unnecessary institutionalization.

The DOJ moved to consolidate this ADA-focused case with the 2009 CRIPA-focused case.

The parties initially engaged in settlement negotiations, but those negotiations failed, and Georgia moved to dismiss the suit on July 1, 2010. On August 9, the court denied the motion, and ordered the parties to proceed to discovery. Negotiations resumed and the parties agreed to a settlement, which was approved by the court on October 29, 2010. (In the meantime, the court had denied the DOJ’s motion to consolidate the cases, and had given final approval to the settlement agreement in the 2009 case.)

The October 2010 settlement provided for an increase in community-based services over a five-year period. Specifically, the state would:

  1. discontinue admissions to state institutions for certain categories of patients, and instead provide community-based treatment services;
  2. increase crisis support services and create new options for community living;
  3. create new Medicaid waiver enrollment slots for individuals with developmental disabilities;
  4. increase home-based services for individuals participating in the waiver program;
  5. provide additional services to keep individuals with mental illness from being institutionalized;
  6. increase assertive community treatment, crisis management, and other services in the community; and
  7. provide for housing options and support services to allow individuals with mental illness to remain in the community.
The parties agreed to the appointment of an independent reviewer. Her first annual report, issued in October 2011, documented substantial progress by the state.

On August 29, 2012, the court approved a modification of the settlement agreement, which was focused on implementing assertive community treatment.

The independent reviewer’s reports continued to note Georgia’s considerable efforts in attempting to reach the standards set out in the settlement agreement (including the closure of two of the seven state hospitals), but on September 18, 2015, reported that not all of the goals set by the settlement agreement had been met by the five-year deadline. Georgia had done an acceptable job of providing resources for the deinstitutionalization of adults with persistent serious mental illness, but had not complied with the standards for persons with developmental disabilities. The independent reviewer did note that there were acceptable plans on the horizon that had not yet been implemented, and that delays in implementation were not necessarily because of idleness on the part of the state.

In January 2016, however, the DOJ moved to hold the state in contempt for its failure to comply with the settlement agreement. This motion was eventually dismissed as moot: the DOJ and the state filed a joint motion for extension of the settlement agreement. They sought to have the court maintain jurisdiction while the state worked toward a June 30, 2018 compliance deadline. The court approved this settlement extension on May 27, 2016. The extension was supported by a coalition of community stakeholders, including the Carter Center Mental Health Program, Mental Health America of Georgia, Georgia Mental Health Consumer Network, Georgia Parent Support Network, Georgia Council on Substance Abuse, Atlanta Legal Aid Society’s Disability Integration Project, and the National Alliance on Mental Illness–Georgia.

Georgia did not achieve full compliance by the June 2018 deadline; however, the independent reviewer found that the state had continued to make progress. As of August 2020, the court maintains jurisdiction, and the independent reviewer continues to monitor the state’s progress.

Summary Authors

Beth Kurtz (11/20/2012)

Megan Brown (11/6/2016)

Lauren Latterell Powell (10/21/2017)

Michael Beech (4/1/2019)

Gregory Marsh (8/26/2020)

Related Cases

U.S. v. State of Georgia, Northern District of Georgia (2009)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12837083/parties/united-states-v-the-state-of-georgia/


Judge(s)
Attorney for Plaintiff

Aminfar, Amin (District of Columbia)

Bagenstos, Samuel R. (District of Columbia)

Bailey, Regan (Washington)

Attorney for Defendant

Baker, Thurbert E. (Georgia)

Expert/Monitor/Master/Other

Barkoff, Alison (District of Columbia)

Expert/Monitor/Master

Documents in the Clearinghouse

Documents in this case

1:10-cv-00249

Docket (PACER)

March 21, 2019

March 21, 2019

Docket

Re: CRIPA Investigation of the Georgia Regional Hospital in Atlanta

CRIPA Investigation of the Georgia Regional Hospital

No Court

May 30, 2008

May 30, 2008

Findings Letter/Report

Re: CRIPA Investigation of the Northwest Georgia Regional Hospital in Rome

CRIPA Investigation of the Northwest Georgia Regional Hospital

No Court

Jan. 15, 2009

Jan. 15, 2009

Findings Letter/Report

Settlement Agreement

CRIPA Investigation of the Georgia Regional Hospital

No Court

Jan. 18, 2009

Jan. 18, 2009

Settlement Agreement
26

1:09-cv-00119

Joint Status Report

United States of America v. Georgia

June 12, 2009

June 12, 2009

Pleading / Motion / Brief
29

1:09-cv-00119

Order

United States of America v. Georgia

Sept. 30, 2009

Sept. 30, 2009

Order/Opinion

1:09-cv-00119

Joint Status Report of the United States and Amici Cuirae

United States of America v. Georgia

Sept. 30, 2009

Sept. 30, 2009

Pleading / Motion / Brief

1:10-cv-00249

Re: Investigation of the State Psychiatric Hospitals

No Court

Dec. 8, 2009

Dec. 8, 2009

Findings Letter/Report
1

1:10-cv-00249

Complaint

United States v. Georgia

Jan. 28, 2010

Jan. 28, 2010

Complaint
28-1

1:10-cv-00249

Memorandum of Law in Support of Defendant's Motion to Dismiss Plaintiff's Complaint

July 1, 2010

July 1, 2010

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12837083/united-states-v-the-state-of-georgia/

Last updated March 28, 2026, 5:32 a.m.

ECF Number Date Description Link
1 Jan. 28, 2010

COMPLAINT filed by The United States of America. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. (Attachments: # 1 Civil Cover Sheet)(adg) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 01/29/2010)

Clearinghouse
2 Jan. 29, 2010

NOTICE Of Filing Exhibit to Complaint by The United States of America re 1 Complaint, Exhibit 1 (Mygatt, Timothy) (Entered: 01/29/2010)

RECAP
3 Jan. 29, 2010

NOTICE Of Filing Exhibit 2 to Complaint by The United States of America (Mygatt, Timothy) (Entered: 01/29/2010)

RECAP
4 Jan. 29, 2010

NOTICE Of Filing Exhibit 3 to Complaint by The United States of America (Mygatt, Timothy) (Entered: 01/29/2010)

RECAP
5 Jan. 29, 2010

NOTICE Of Filing Exhibit 4 to Complaint by The United States of America (Mygatt, Timothy) (Entered: 01/29/2010)

RECAP
6 Jan. 29, 2010

NOTICE Of Filing Exhibit 5 to Complaint by The United States of America (Mygatt, Timothy) (Entered: 01/29/2010)

RECAP
7 Jan. 29, 2010

NOTICE Of Filing Exhibit 6 to Complaint by The United States of America (Mygatt, Timothy) (Entered: 01/29/2010)

RECAP
8 Feb. 4, 2010

Minute Entry for proceedings held before Judge Charles A. Pannell, Jr: Telephone Conference/Status Conference held on 2/4/2010, This case is set for a hearing on 3/1/2010 at 10:00 AM before Judge Charles A. Pannell Jr. The court will hold another conference call a week from today. Hearing concluded. (Court Reporter Martha Frutchey)(adg) (Entered: 02/05/2010)

RECAP
9 Feb. 12, 2010

TRANSCRIPT of Proceedings held on 2/4/10 (Tele Conf) before Judge Charles A. Pannell, Jr. Court Reporter/Transcriber Martha J. Frutchey, Telephone number 404-215-1573. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/5/2010. Redacted Transcript Deadline set for 3/15/2010. Release of Transcript Restriction set for 5/13/2010. (Attachments: # 1 Notice of Filing Transcript) (pjm) (Entered: 02/12/2010)

RECAP
10 Feb. 19, 2010

TRANSCRIPT of Proceedings held on 2/4/10 (Tele Conf) before Judge Charles A. Pannell, Jr. Court Reporter/Transcriber Martha J. Frutchey, Telephone number 404-215-1573. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/12/2010. Redacted Transcript Deadline set for 3/22/2010. Release of Transcript Restriction set for 5/20/2010. (Attachments: # 1 Notice of Filing Transcript) (pjm) (Entered: 02/19/2010)

RECAP
11 Feb. 19, 2010

TRANSCRIPT of Proceedings held on 2/16/10 (Tele Conf) before Judge Charles A. Pannell, Jr. Court Reporter/Transcriber Martha J. Frutchey, Telephone number 404-215-1573. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/12/2010. Redacted Transcript Deadline set for 3/22/2010. Release of Transcript Restriction set for 5/20/2010. (Attachments: # 1 Notice of Filing Transcript) (pjm) (Entered: 02/19/2010)

RECAP
12 Feb. 25, 2010

MOTION to Stay by The United States of America. (Mygatt, Timothy) (Entered: 02/25/2010)

RECAP
13 Feb. 26, 2010

ORDER GRANTING 12 Motion to Stay so that the Parties may engage in settlementnegotiations. The Court also hereby GRANTS the request to toll until 3/15/2010, the response time on all pending responses and replies. Should negotiationsfail, the Court will reschedule the proceedings to begin on 3/15/2010, or assoon as possible thereafter. Signed by Judge Charles A. Pannell, Jr on 2/26/2010. (adg) (Entered: 02/26/2010)

RECAP
14 April 1, 2010

PROPOSED CONSENT ORDER re: Agreed Extension for Defendants to File Answer, Motion, or Other Responsive Pleading re: 1 Complaint,. (Cohen, Mark) (Entered: 04/01/2010)

RECAP
15 April 7, 2010

ORDER TO EXTEND TIME TO ANSWER Complaint to and through 5/6/2010. Signed by Judge Charles A. Pannell, Jr on 4/7/2010. (adg) (Entered: 04/07/2010)

RECAP
16 April 7, 2010

NOTICE of Appearance by Joshua Barrett Belinfante on behalf of The State of Georgia, Frank E. Shelp, Rhonda M. Medows and Sonny Perdue (Belinfante, Joshua) Modified on 4/8/2010 to correct docket text (adg). (Entered: 04/07/2010)

RECAP
17 April 7, 2010

NOTICE of Appearance by Mark Howard Cohen on behalf of Frank E. Shelp, Rhonda M. Medows, The State of Georgia, Sonny Perdue (Cohen, Mark) (Entered: 04/07/2010)

RECAP
18 April 30, 2010

PROPOSED CONSENT ORDER re: Agreed Extension of Time for Defendants to File Answer, Motion, or Other Responsive Pleading. (Cohen, Mark) (Entered: 04/30/2010)

RECAP
19 May 3, 2010

ORDER TO EXTEND TIME TO ANSWER; defendants answer to complaint due 5/13/2010. Signed by Judge Charles A. Pannell, Jr on 5/3/2010. (adg) (Entered: 05/03/2010)

RECAP
20 May 12, 2010

PROPOSED CONSENT ORDER re: Agreed Extension of Time for Defendants to File Answer, Motion, or Other Responsive Pleading. (Cohen, Mark) (Entered: 05/12/2010)

RECAP
21 May 17, 2010

ORDER TO EXTEND TIME TO ANSWER, defendants answer due 6/1/2010. Signed by Judge Charles A. Pannell, Jr on 5/17/2010. (adg) (Entered: 05/17/2010)

RECAP
22 May 28, 2010

PROPOSED CONSENT ORDER re: Agreed Extension of Time for Defendants to File Answer, Motion, or Other Responsive Pleading. (Cohen, Mark) (Entered: 05/28/2010)

RECAP
23 May 28, 2010

CONSENT ORDER TO EXTEND TIME TO ANSWER COMPLAINT. Defendants shall have through and including 6/22/2010 to answer complaint. Signed by Judge Charles A. Pannell, Jr on 5/28/2010. (adg) (Entered: 05/28/2010)

RECAP
24 June 18, 2010

PROPOSED CONSENT ORDER re: Agreed Extension of Time for Defendants to File Answer, Motion, or Other Responsive Pleading. (Cohen, Mark) (Entered: 06/18/2010)

RECAP
25 June 21, 2010

ORDER TO EXTEND TIME TO ANSWER. The Defendants shall have through and including July 1, 2010 to file their answer, motion, or other responsive pleading to Plaintiff's Complaint. Signed by Judge Charles A. Pannell, Jr on 6/21/2010. (ank) (Entered: 06/21/2010)

RECAP
June 21, 2010

Clerks Certificate of Mailing

June 21, 2010

Clerk's Certificate of Mailing as to US Dept of Justice re 25 Order (ank)

26 June 30, 2010

MOTION for Order Setting Status Conference by The United States of America. (Attachments: # 1 Text of Proposed Order)(Rhee, Mina) (Entered: 06/30/2010)

RECAP
27 July 1, 2010

MOTION for Leave to File Excess Pages (for Memorandum of Law in Support of Motion to Dismiss) by The State of Georgia. (Attachments: # 1 Text of Proposed Order)(Cohen, Mark) (Entered: 07/01/2010)

RECAP
28 July 1, 2010

MOTION to Dismiss with Brief In Support by The State of Georgia. (Attachments: # 1 Brief in Support)(Cohen, Mark) (Entered: 07/01/2010)

RECAP
29 July 15, 2010

MOTION for Leave to File Excess Pages with Brief In Support by The United States of America. (Koch, Robert) (Entered: 07/15/2010)

RECAP
30 July 15, 2010

RESPONSE re 28 MOTION to Dismiss filed by The United States of America. (Koch, Robert) (Entered: 07/15/2010)

Clearinghouse
31 July 22, 2010

RESPONSE re 26 MOTION for Order Setting Status Conference (Defendants' Status Update and Proposed Agenda for Status Conference) filed by The State of Georgia. (Attachments: # 1 Exhibit A)(Cohen, Mark) (Entered: 07/22/2010)

RECAP
32 July 27, 2010

APPLICATION for Admission of Timothy D. Mygatt Pro Hac Vice with Brief In Support by The United States of America. (Rhee, Mina) (Entered: 07/27/2010)

RECAP
33 July 27, 2010

APPLICATION for Admission of Max Lapertosa Pro Hac Vice with Brief In Support by The United States of America. (Rhee, Mina) (Entered: 07/27/2010)

RECAP
July 27, 2010

Submission of 27 MOTION for Leave to File Excess Pages (for Memorandum of Law in Support of Motion to Dismiss), submitted to District Judge Charles A. Pannell. (adg)

July 27, 2010

Submission to District Judge

34 July 29, 2010

APPLICATION for Admission of Robert A. Koch Pro Hac Vice by The United States of America. (Rhee, Mina) (Entered: 07/29/2010)

RECAP
35 July 29, 2010

APPLICATION for Admission of Judy C. Preston Pro Hac Vice by The United States of America. (Rhee, Mina) (Entered: 07/29/2010)

RECAP
36 July 29, 2010

APPLICATION for Admission of Mary R. Bohan Pro Hac Vice by The United States of America. (Rhee, Mina) (Entered: 07/29/2010)

RECAP
July 29, 2010

APPROVAL by Clerks Office. Attorney Max P. Lapertosa, Timothy D. Mygatt added appearing on behalf of The United States of America (cdg) Modified on 8/2/2010 to create doc. link (cdg).

July 29, 2010

Approval of Application for Admission Pro Hac Vice

37 Aug. 2, 2010

REPLY BRIEF re 28 MOTION to Dismiss filed by The State of Georgia. (Cohen, Mark) (Entered: 08/02/2010)

Clearinghouse
38 Aug. 2, 2010

ORDER GRANTING 34 Application for Admission Pro Hac Vice of Robert A. Koch. Signed by Judge Charles A. Pannell, Jr on 8/2/2010. (adg) (Entered: 08/03/2010)

RECAP
39 Aug. 2, 2010

ORDER GRANTING 35 Application for Admission Pro Hac Vice of Judy C. Preston. Signed by Judge Charles A. Pannell, Jr on 8/2/2010. (adg) (Entered: 08/03/2010)

RECAP
40 Aug. 2, 2010

ORDER GRANTING 36 Application for Admission Pro Hac Vice of Mary R. Bohan. Signed by Judge Charles A. Pannell, Jr on 8/2/2010. (adg) (Entered: 08/04/2010)

RECAP
Aug. 2, 2010

APPROVAL by Clerks Office re: 36 APPLICATION for Admission of Mary R. Bohan Pro Hac Vice, 34 APPLICATION for Admission of Robert A. Koch Pro Hac Vice, 35 APPLICATION for Admission of Judy C. Preston Pro Hac Vice. Attorney Robert Koch, Mary R. Bohan, Judy C. Preston added appearing on behalf of The United States of America (cdg)

Aug. 2, 2010

Approval of Application for Admission Pro Hac Vice

Aug. 3, 2010

Submission of 29 MOTION for Leave to File Excess Pages, 28 MOTION to Dismiss, submitted to District Judge Charles A. Pannell. (adg)

Aug. 3, 2010

Submission to District Judge

Aug. 5, 2010

NOTICE of TELECONFERENCE Hearing: Status Conference set for 8/6/2010 at 11:15 AM before Judge Charles A. Pannell Jr.. Participants are directed to dial (866)742-9889. Id No.: 93154695. The court plans to address the issues proposed by the parties.(yrm)

Aug. 5, 2010

Notice of Hearing

41 Aug. 6, 2010

Minute Entry for proceedings held before Judge Charles A. Pannell, Jr: Telephone Conference held on 8/6/2010. Court heard from counsel. Hearing to be set for 11/8/2010. Written order to follow. Hearing Concluded. (Court Reporter Martha Frutchey)(adg) (Entered: 08/09/2010)

RECAP
42 Aug. 9, 2010

ORDER DENYING 28 Motion to Dismiss and DIRECTING the parties to initiate discovery in the matter. The Joint Proposed Preliminary Report and Discovery Plan will be filed within 20 days of the date of this order. Discovery shall begin upon the filing of this order. Discovery in one action may be used and incorporated in the other action.. Signed by Judge Charles A. Pannell, Jr on 8/9/2010. (adg) (Entered: 08/10/2010)

Clearinghouse
43 Aug. 12, 2010

APPLICATION for Admission of Richard J. Farano Pro Hac Vice with Brief In Support by The United States of America. (Rhee, Mina) (Entered: 08/12/2010)

RECAP
44 Aug. 12, 2010

APPLICATION for Admission of Jeffrey R. Murray Pro Hac Vice with Brief In Support by The United States of America. (Rhee, Mina) (Entered: 08/12/2010)

RECAP
45 Aug. 12, 2010

APPLICATION for Admission of Aaron S. Fleisher Pro Hac Vice with Brief In Support by The United States of America. (Rhee, Mina) (Entered: 08/12/2010)

RECAP
46 Aug. 16, 2010

CERTIFICATE OF SERVICE re: First Set of Interrogatories by The United States of America.(Lapertosa, Max) (Entered: 08/16/2010)

RECAP
47 Aug. 16, 2010

CERTIFICATE OF SERVICE re: First Set of Requests for Production of Documents by The United States of America.(Lapertosa, Max) (Entered: 08/16/2010)

RECAP
Aug. 16, 2010

Approval of Application for Admission Pro Hac Vice

Aug. 16, 2010

APPROVAL by Clerks Office re: 44 APPLICATION for Admission of Jeffrey R. Murray Pro Hac Vice, 45 APPLICATION for Admission of Aaron S. Fleisher Pro Hac Vice, 43 APPLICATION for Admission of Richard J. Farano Pro Hac Vice. Attorney Aaron S. Fleisher, Jeffrey R. Murray, Richard J. Farano added appearing on behalf of The United States of America (cdg)

48 Aug. 17, 2010

ORDER GRANTING 43 Application for Admission Pro Hac Vice of Richard J. Farano. Signed by Judge Charles A. Pannell, Jr on 8/17/2010. (adg) (Entered: 08/17/2010)

RECAP
49 Aug. 17, 2010

ORDER GRANTING 45 Application for Admission Pro Hac Vice of Aaron S. Fleisher. Signed by Judge Charles A. Pannell, Jr on 8/17/2010. (adg) (Entered: 08/17/2010)

RECAP
50 Aug. 17, 2010

ORDER GRANTING 44 Application for Admission Pro Hac Vice of Jeffrey R. Murray. Signed by Judge Charles A. Pannell, Jr on 8/17/2010. (adg) (Entered: 08/17/2010)

RECAP
51 Aug. 23, 2010

ANSWER to 1 COMPLAINT by Rhonda M. Medows, Sonny Perdue, Frank E. Shelp, The State of Georgia. Discovery ends on 1/20/2011.(Cohen, Mark) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 08/23/2010)

Clearinghouse
52 Aug. 24, 2010

CERTIFICATE OF SERVICE for Defendants' First Set of Interrogatories to Plaintiff AND Defendants' First Request for Production of Documents to Plaintiff by The State of Georgia.(Cohen, Mark) (Entered: 08/24/2010)

RECAP
53 Aug. 30, 2010

Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by The United States of America. (Mygatt, Timothy) (Entered: 08/30/2010)

RECAP
54 Sept. 2, 2010

NOTICE to Take Deposition of All Defendants 30(b)(6) filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

RECAP
55 Sept. 2, 2010

NOTICE to Take Deposition of Shelp 30(b)(6) filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

RECAP
56 Sept. 2, 2010

NOTICE to Take Deposition of Clyde Reese 30(b)(6) filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

RECAP
57 Sept. 2, 2010

NOTICE to Take Deposition of All Defendants 30(b)(6) filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

RECAP
58 Sept. 2, 2010

NOTICE to Take Deposition of Jason Bearden filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

RECAP
59 Sept. 2, 2010

NOTICE to Take Deposition of Greg Hoyt filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

RECAP
60 Sept. 2, 2010

NOTICE to Take Deposition of William H. Janes filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

RECAP
61 Sept. 2, 2010

NOTICE to Take Deposition of Donald Manning filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

RECAP
62 Sept. 2, 2010

NOTICE to Take Deposition of Denise McClain filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

RECAP
63 Sept. 2, 2010

NOTICE to Take Deposition of William McDonald filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

RECAP
64 Sept. 2, 2010

NOTICE to Take Deposition of Karen Green McGowan filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

RECAP
65 Sept. 2, 2010

NOTICE to Take Deposition of Jewel Norman filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

RECAP
66 Sept. 2, 2010

NOTICE to Take Deposition of Andrew Phillips filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

RECAP
67 Sept. 2, 2010

NOTICE to Take Deposition of Mary Lou Rahn filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

RECAP
68 Sept. 2, 2010

NOTICE to Take Deposition of Frank Shelp filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

RECAP
69 Sept. 2, 2010

NOTICE to Take Deposition of Nirbhay Singh filed by The United States of America (Lapertosa, Max) (Entered: 09/02/2010)

RECAP
70 Sept. 14, 2010

Amended NOTICE to Take Deposition of Rule 30(b)(6) deposition of Clyde Reese, in his official capacity as Director of the Georgia Department of Community Health filed by The United States of America (Lapertosa, Max) (Entered: 09/14/2010)

RECAP
71 Sept. 14, 2010

Amended NOTICE to Take Deposition of Mary Lou Rahn filed by The United States of America (Lapertosa, Max) (Entered: 09/14/2010)

RECAP
72 Sept. 14, 2010

PROPOSED CONSENT ORDER Consent Confidentiality and Protective Order. (Cohen, Mark) (Entered: 09/14/2010)

RECAP
73 Sept. 14, 2010

NOTICE by The State of Georgia Notice of Subpoenas for Depositions of Non-Party Witnesses (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Cohen, Mark) (Entered: 09/14/2010)

RECAP
74 Sept. 15, 2010

CERTIFICATE OF SERVICE of Defendants' Responses and Objections to Plaintiff's First Set of Interrogatories and Defendants' Responses and Objections to Plaintiff's First Request for Production of Documents by The State of Georgia.(Cohen, Mark) (Entered: 09/15/2010)

RECAP
75 Sept. 16, 2010

TRANSCRIPT of Proceedings held on 8/6/10 (Tele Conf) before Judge Charles A. Pannell, Jr. Court Reporter/Transcriber Martha J. Frutchey, Telephone number 404-215-1573. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/7/2010. Redacted Transcript Deadline set for 10/18/2010. Release of Transcript Restriction set for 12/15/2010. (Attachments: # 1 Notice of Filing Transcript) (pjm) (Entered: 09/17/2010)

RECAP
Sept. 17, 2010

NOTICE The court will conduct a status conference at 2:00 p.m. on September 23, 2010 in Courtroom 2307. Participation by telephone will not be possible. The topics the court intends to address are: (1) the proposed preliminary report and discovery plan; and (2) the amici curiae's motion seeking copies of discovery. (mam)

Sept. 17, 2010

Notice (Other)

76 Sept. 20, 2010

ORDER granting 33 Application for Admission Pro Hac Vice of Max Lapertosa. Signed by Judge Charles A. Pannell, Jr on 9/20/2010. (adg) (Entered: 09/20/2010)

RECAP
77 Sept. 20, 2010

ORDER granting 32 Application for Admission Pro Hac Vice of Timothy D. Mygatt. Signed by Judge Charles A. Pannell, Jr on 9/20/2010. (adg) (Entered: 09/20/2010)

RECAP
78 Sept. 20, 2010

Amended NOTICE to Take Deposition of 30(b)(6) GAMH Budget filed by The United States of America (Fleisher, Aaron) (Entered: 09/20/2010)

RECAP
79 Sept. 20, 2010

Amended NOTICE to Take Deposition of 30(b)(6) Housing filed by The United States of America (Fleisher, Aaron) (Entered: 09/20/2010)

RECAP
80 Sept. 20, 2010

Amended NOTICE to Take Deposition of Greg Hoyt filed by The United States of America (Fleisher, Aaron) (Entered: 09/20/2010)

RECAP
81 Sept. 20, 2010

Amended NOTICE to Take Deposition of William Janes filed by The United States of America (Fleisher, Aaron) (Entered: 09/20/2010)

RECAP
82 Sept. 20, 2010

Amended NOTICE to Take Deposition of Jewel Norman filed by The United States of America (Fleisher, Aaron) (Entered: 09/20/2010)

Clearinghouse
83 Sept. 20, 2010

Amended NOTICE to Take Deposition of Denise McClain filed by The United States of America (Fleisher, Aaron) (Entered: 09/20/2010)

Clearinghouse
84 Sept. 21, 2010

NOTICE by The State of Georgia re: Subpoenas for Depositions of Non-Party Witnesses (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cohen, Mark) (Entered: 09/21/2010)

RECAP

Case Details

State / Territory:

Georgia

Case Type(s):

Public Benefits/Government Services

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Olmstead Cases

Key Dates

Filing Date: Jan. 28, 2010

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The United States filed this suit on behalf of individuals with developmental disabilities and mental illness in Georgia’s state institutions.

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

State

Georgia Department of Behavioral Health and Developmental Disabilities

Georgia Department of Community Health

State of Georgia

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Other Dockets:

Northern District of Georgia 1:10-cv-00249

Northern District of Georgia 1:09-cv-00119

Available Documents:

Complaint (any)

Findings Letter/Report

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Monitoring

Monitor/Master

Preliminary relief request withdrawn/mooted

Reasonable Accommodation

Reporting

Training

Order Duration: 2010 - 2019

Issues

General/Misc.:

Discharge & termination plans

Individualized planning

Payment for care

Public assistance grants

Benefits (Source):

Medicaid

Disability and Disability Rights:

Developmental disability without intellectual disability

Disability, unspecified

Integrated setting

Intellectual/developmental disability, unspecified

Least restrictive environment

Mental Illness, Unspecified

Mental impairment

Reasonable Accommodations

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Deinstitutionalization/decarceration

Habilitation (training/treatment)

Placement in mental health facilities

Medical/Mental Health Care:

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis

Medication, administration of

Mental health care, general

Mental health care, unspecified

Recommended Citation