Case: Nick O. v. Terhune
2:89-cv-00755 | U.S. District Court for the Eastern District of California
Filed Date: May 25, 1989
Closed Date: 2001
Clearinghouse coding complete
Case Summary
On May 25, 1989, a youth confined at the Northern Reception Center Clinic (NRCC) of the California Youth Authority (CYA) filed a class action lawsuit against the NRCC and the CYA pursuant to 42 U.S.C. § 1983, the Education of the Handicapped Act (EHA), the Rehabilitation Act of 1973, and the due process and equal protection clauses of the Fourteenth Amendment. The class consisted of all current and future residents of the NRCC who are educationally handicapped and who are in need of special education and related services. At least 25% of the population at NRCC fell into this class. The class, represented by the Youth Law Center and private counsel, specifically alleged that defendants routinely failed to identify and assess special education needs and develop individual educational plans for youth confined at their facilities. Plaintiff sought declaratory and injunctive relief.
On February 15, 1990, the parties filed a stipulation and order with the United States District Court for the Eastern District of California. Defendants agreed to provide class members with free public education that included special education and related services. Related services included speech and hearing services, physical and occupational therapy, and psychological and counseling services. Defendants also agreed to implement policies and procedures to promptly identify and assess the educational needs of the youth confined at the NRCC facility and to develop and individual education program for all class members. The parties agreed that the settlement would be in effect for three years, and that monitors would evaluate defendants' compliance with the agreement.
On May 7, 1990, the district court (Judge Samuel P. King) entered a final judgment incorporating the terms of the stipulation and agreement. The court maintained jurisdiction to award attorneys fees and costs and to monitor and enforce the terms of the stipulation and order. The agreement continued to be extended until July 11, 2000, and the docket continued to May 21, 2001 with the settlement of attorneys' fees and costs approved and the case dismissed.
Summary Authors
Emilee Baker (5/18/2006)
People
Burrell, Garland Ellis Jr. (California)
King, Samuel Pailthorpe (Hawaii)
Ching, James (California)
Doyle, Dan C. (California)
Iglehart, Richard B. (California)
Documents in the Clearinghouse
Docket
Last updated March 27, 2025, 8:56 a.m.
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: May 25, 1989
Closing Date: 2001
Case Ongoing: No
Plaintiffs
Plaintiff Description:
All current and future residents of the Northern Reception Center Clinic who are educationally handicapped and who are in need of special education and related services.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
State
California Department of Corrections
Facility Type(s):
Case Details
Causes of Action:
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Constitutional Clause(s):
Other Dockets:
Eastern District of California 2:89-cv-00755
Available Documents:
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 1990 - 2000
Issues
General/Misc.:
Disability and Disability Rights:
Discrimination Basis:
Disability (inc. reasonable accommodations)
Affected Sex/Gender(s):
Case Summary of Nick O. v. Terhune, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/300/ (last updated 5/18/2006).