Case: C.P.X. v. Garcia

4:17-cv-00417 | U.S. District Court for the Southern District of Iowa

Filed Date: Nov. 27, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 27, 2017, three individuals seeking to represent a class of all persons confined to the Boys State Training School in Eldora, Iowa (the “School”), then or in the future, and who had a significant mental illness or emotional impairment, filed this suit in the U.S. District Court for the Southern District of Iowa.  The School housed young boys incarcerated after adjudication as “juvenile delinquents” in state civil proceedings. The plaintiffs sued the Director of the Iowa Department o…

On November 27, 2017, three individuals seeking to represent a class of all persons confined to the Boys State Training School in Eldora, Iowa (the “School”), then or in the future, and who had a significant mental illness or emotional impairment, filed this suit in the U.S. District Court for the Southern District of Iowa.  The School housed young boys incarcerated after adjudication as “juvenile delinquents” in state civil proceedings. The plaintiffs sued the Director of the Iowa Department of Human Services (DHS), the administrator of the division of Mental Health and Disability Services, and the Superintendent of the Boys State Training School under 42 U.S.C. § 1983. Represented by both Disability Rights’ Iowa (the state protection and advocacy system) and Children’s Rights Inc., the plaintiffs sought certification of their class as well as declaratory and injunctive relief. The case was assigned to Judge Stephanie M. Rose and Magistrate Judge Helen C. Adams. 

The plaintiffs claimed that the defendants had improperly treated students with mental illnesses residing at the school. Such mistreatment included failing to provide care that addressed the mental health issues of the children, administering medication without adequate consent, and subjecting the children to solitary confinement and restraints as punishment for minor infractions.

In particular, the plaintiffs alleged that the defendants’ failure to provide adequate mental health treatment, inadequate oversight of and informed consent for administration of psychotropic medication, and unnecessary use of solitary confinement and mechanical restraints violated their substantive due process rights under the Fourteenth Amendment and the Eighth Amendment prohibition on cruel and unusual punishments. They also asserted that the defendants had violated the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504) by denying them programming and services based on their mental impairments and by failing to reasonably accommodate them.  

On January 26, 2018, the defendants filed a motion for summary judgment. On February 16, 2018, the plaintiffs filed an amended complaint. The amended complaint added K.N.X., a named plaintiff who had been administered psychotropic drugs without the consultation of his guardians. K.N.X. had also been taken off of the psychotropic drugs at the time of the filing of the amended complaint without the consent of either himself or his guardians and without receiving any information about the possible side effects of stopping medication. 

On February 28, 2018, the defendants filed a motion for Independent Medical Examination (IME). The magistrate judge denied this motion exactly one month later, finding that the defendants had not established good cause for the examination because they had failed to show what was missing from the current medical record. The magistrate judge also concluded that it would be inappropriate for the defendants’ chosen doctor to perform the examinations because they were likely to be called as witnesses at the trial since they had previously examined one of the plaintiffs. On April 11, 2018, the defendants objected to the magistrate judge’s decision before the district court. On July 20, 2018, the district court overruled the defendants’ objections, holding that the magistrate judge’s decision was not clearly erroneous or contrary to law since the defendants had not put forward any reason that the current medical record was insufficient. 2018 WL 4701870. 

Meanwhile, on June 28, 2018, the court denied the defendants’ motion for summary judgment. The defendants had argued that one of the named plaintiffs, G.R.X., had been discharged from the School and therefore lacked standing to pursue the action. The court concluded that the plaintiffs’ claims fell within the inherently transitory exception to the mootness doctrine and that his discharge from the School did not moot his claims, noting that G.R.X. had previously been discharged and then sent back to the School. 2018 WL 4701869. Nonetheless, on July 6, 2018, the plaintiffs filed an unopposed motion seeking to dismiss G.R.X. as a plaintiff, and on July 12, 2018, the court granted the motion. 

On August 3, 2018, the plaintiffs filed a motion to certify the putative class. They defined the class as all boys confined to the School since the filing of the complaint, now, or in the future, and who had a mental illness or emotional impairment as evidenced through either receiving psychotropic medications or having a diagnosis for a mental health disorder specified in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (“DSM-V”), or the Fourth Edition in effect prior to 2013 (“DSM-IV”), as determined by a mental health professional.

On November 30, 2018, while the motion for class certification was pending, the defendants filed a second motion for summary judgment. The court granted in part and denied in part this motion on February 19, 2019. 

The district court held:

  1. The Fourteenth Amendment due process clause, rather than the Eighth Amendment, applied to the plaintiffs’ claims given the non-penal and non-criminal nature of Iowa juvenile delinquency proceedings. The court therefore granted summary judgment to the defendants as to the plaintiffs’ Eighth Amendment claims. 
  2. Genuine issue of material fact existed as to whether mental health care provided to students at the school was inadequate, precluding summary judgment on the plaintiffs’ due process claim. While the court agreed with the defendants’ broad proposition that the plaintiffs were not entitled to optimal mental health care, the court did not grant summary judgment because plaintiffs asserted that the defendants had failed to provide “minimally adequate” mental health care.
  3. Genuine issue of material fact also existed as to whether the defendants acted appropriately based on their knowledge of various deficiencies with the mental health care at school for juveniles adjudicated delinquent, further precluding summary judgment on due process claim.
  4. The plaintiffs sufficiently alleged a disability, as would be required to support ADA and Rehabilitation Act claims.
  5. A genuine issue of material fact as to whether students were denied educational opportunities available to other students without disabilities precluded summary judgment on the ADA and Rehabilitation Act claims. 

Lastly, the court rejected the defendants’ argument that the relief sought by the plaintiffs required dismissal of their claims because it would require a “significant infusion of state resources in violation of the Eleventh Amendment.” The fact that some of the relief requested by the plaintiffs would require ancillary costs was not enough of a reason to render it unconstitutional. 361 F.Supp.3d 822. 

On March 13, 2019, the court granted the plaintiffs’ motion to certify their class, certifying a class of “all boys confined to the School since the filing of the Complaint, now, or in the future, who have received psychotropic medications or a diagnosis for a mental health disorder specified in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (“DSM-V”) or Fourth Edition (“DSM-IV”), as determined by a mental health professional.” 330 F.R.D. 197. 

On March 30, 2020, following a bench trial, the court rendered judgment in the case. The court found in the plaintiffs' favor as to count I (substantive due process, Fourteenth Amendment Claims) and in the favor of the defendants on Counts III (ADA Claim) and IV (Rehabilitation Act Claim). 

First, the court addressed the defendants’ asserted affirmative defense that the plaintiffs had not exhausted all administrative remedies available to them as required by the Prison Litigation Reform Act (PLRA). The court found that the plaintiffs had properly exhausted their Fourteenth Amendment claim, but not their ADA and Rehabilitation Act Claim. 

The court agreed that the defendants had violated the Fourteenth Amendment after taking into account the evidence the School, by failing to provide adequate mental health care to the students, had created a substantial risk of serious harm to the Class. The lack of psychotherapy was key in this determination because it “should be the ‘primary treatment modality’ for the mental health disorders common at institutions like the School” and yet it was nonexistent. Furthermore the School was deliberately indifferent to this need as evidenced by their ignoring of previous advice that their mental health treatments were insufficient. Lack of funding was not a valid excuse for this behavior and no meaningful steps had been taken to address these failures. The court emphasized the following failures to : (1) formulate mental health treatment plans; (2) provide adequate crisis services by offering the therapy needed to assess the underlying causes of students’ self-harming or suicidal ideations; (3) maintain confidential mental health records; (4) provide adequate discharge planning; and (5) properly oversee the mental health programming at the School, be that through a qualified mental health authority or other structure. Based upon these findings, the court determined that the School’s mental health care provisions violated the Class’s substantive due process rights.

The court separately considered the plaintiffs’ solitary confinement claim which asserted that the School’s use of isolation and restraints was employed excessively and as a means of punishment. The court agreed with the plaintiffs that it violated their due process rights under the anti-punishment standard of Bell v. Wolfish and that the defendants were deliberately indifferent to the substantial risk of serious harm the practices caused the class. The court also found that the defendants’ use of the wrap, a mechanical restraining device, also violated the Fourteenth Amendment for similar reasons. 

As to the ADA and RA claims, the court determined that the plaintiffs had failed to establish the defendants’ liability because of their inability to satisfy the third Olmstead factor. This factor required the plaintiffs to offer a reasonable accommodation. Here, though they sought elimination of isolation and restraints to treat students with mental health illnesses, they had not shown that this could be reasonably accommodated. 

The court ordered injunctive relief including the following:

  • Within 45 days, the defendants would submit a plan to the court that would address the mental health are deficiencies of the School;
  • The School would only employ isolation in situations where a student’s behavior posed a serious or substantial risk of physical harm;
  • The School would increase the privileges of students who were subject to administrative segregation;
  • The School would not use the wrap and would seek court approval for use of mechanical restraints;
  • The School would provide training to their staff focused on safety of both the students and the staff.
  • The court also appointed a monitor to oversee the implementation of the injunctive relief. The monitor would last until the School was in substantial compliance with the remedial plan for two full years. 450 F.Supp.3d 854.

On April 10, 2020, the plaintiffs filed a motion for attorneys fees and expenses. On January 7, 2021, the court granted in part the plaintiffs' motion. The court found it appropriate to reduce the amount of fees by $10,000, citing the defendants’ argument that some of the fees billed to paralegals were purely administrative and clerical and did not require the professional expertise of a paralegal and therefore should not be subject to a paralegal-level rate. In total, the plaintiffs were awarded $4,540,762.90 in attorneys fees and $390,363.05 in expenses. 2021 WL 302754. 

On April 22, 2020, the court appointed Dr. Kelly Dedel as monitor. 

On January 27, 2021, the defendants filed a notice of appeal with the U.S. Court of Appeals for the Eighth Circuit of the court’s award of attorneys fees. 

On February 14, 2021, the monitor filed their initial report in which they found that the defendants had substantially or partially complied with all applicable provisions. 

On July 7, 2021, the monitor filed an interim report that updated its findings. The monitor concluded that the new programs and practices for addressing mental health care were complete and appropriate. But, the monitor noted that their efficacy was undercut by the increase in youth violence at the School. The monitor urged that the increase in violence demanded action and that if not properly addressed the violence would prevent the success of the new programs and policies. 

On November 5, 2021, a second comprehensive report was filed with the court. The monitor found non-compliance only in regards to multi-sensory de-escalation tools and spaces. The defendants had initially successfully created a multi-sensory de-escalation room (MSDR) that was frequently used. When the room had to be relocated because of a Heating, Ventilation, and Air Conditioning (HVAC) project in the room, most of the tools had been misplaced or broken which led to underutilization. 

On December 15, 2021, the court of appeals affirmed the district court’s decision awarding fees and expenses. 2021 WL 5917780. 

On December 27, 2022, the monitor filed a third report. The monitor reported that the School had substantially or partially complied with all relevant provisions. 

As of November 8, 2023, this case was ongoing. 

Summary Authors

Rhea Sharma (11/21/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6542363/parties/cpx-v-garcia/


Judge(s)
Attorney for Plaintiff

Driscoll, Whitney Elizabeth (Iowa)

Attorney for Defendant

Berg, Nicholas M. (Iowa)

Farrell, Timothy R. (Iowa)

Expert/Monitor/Master/Other

Dedel, Kelly (Iowa)

Dixit, Anagha (Iowa)

Documents in the Clearinghouse

Documents in this case
1

4:17-cv-00417

Class Action Complaint

G.R. v. Foxhoven

Nov. 27, 2017

Nov. 27, 2017

Complaint
33

4:17-cv-00417

Amended Class Action Complaint

Feb. 16, 2018

Feb. 16, 2018

Complaint

4:17-cv-00417

Order on Motion for Summary Judgment

J.S.X. v. Foxhoven

Feb. 19, 2019

Feb. 19, 2019

Order/Opinion

361 F.Supp.3d 822

196

4:17-cv-00417

Order on Motions for Class Certification and Evidentiary Hearing

March 13, 2019

March 13, 2019

Order/Opinion
328

4:17-cv-00417

Trial Order

March 30, 2020

March 30, 2020

Order/Opinion

450 F.Supp.3d 854

4:17-cv-00417

Order on Plaintiffs' Motion for Attorneys' Fees and Expenses

Jan. 7, 2021

Jan. 7, 2021

Order/Opinion

2021 WL 302754

386

4:17-cv-00417

Initial Monitor's Report

Feb. 14, 2021

Feb. 14, 2021

Monitor/Expert/Receiver Report
404

4:17-cv-00417

Interim Status Report

July 7, 2021

July 7, 2021

Monitor/Expert/Receiver Report
410

4:17-cv-00417

2nd Comprehensive Monitor’s Report

Nov. 5, 2021

Nov. 5, 2021

Monitor/Expert/Receiver Report
428

4:17-cv-00417

3rd Comprehensive Monitor’s Report

Dec. 27, 2022

Dec. 27, 2022

Monitor/Expert/Receiver Report

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6542363/cpx-v-garcia/

Last updated April 14, 2026, 5:41 a.m.

ECF Number Date Description Link
1 Nov. 27, 2017

COMPLAINT against All Defendants Filing fee paid in the amount of $ 400, receipt number 0863-3357998., filed by G.R.. Notice of Dismissal for lack of Service deadline set for 2/26/2018. Rule 16 Notice of Dismissal set for 2/26/2018.(Kirstein, Nathan) (Entered: 11/27/2017)

Clearinghouse
2 Nov. 27, 2017

MOTION re 1 Complaint, by C.P., G.R., J.S.Motions referred to Helen C. Adams. Responses due by 12/11/2017. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Attachments: # 1 Brief in Support, # 2 Text of Proposed Order)(Kirstein, Nathan) (Entered: 11/27/2017)

RECAP
3 Nov. 27, 2017

ORDER granting as modified 2 plaintiffs' Motion for leave to proceed with the use of pseudonyms for the named plaintiffs and next friends. Plaintiffs to serve copy of order on defendants. Signed by Chief Magistrate Judge Helen C. Adams on 11/27/2017. (kln) (Entered: 11/27/2017)

RECAP
4 Nov. 29, 2017

CERTIFICATE by C.P., G.R., J.S. (Kirstein, Nathan) (Entered: 11/29/2017)

RECAP
5 Nov. 29, 2017

WAIVER OF SERVICE Returned Executed filed by Jerry Foxhoven; Jerry Foxhoven waiver served on 11/27/2017, answer due 1/26/2018. (Kraemer, Gretchen) (Entered: 11/29/2017)

RECAP
6 Nov. 29, 2017

WAIVER OF SERVICE Returned Executed filed by Richard Shults; Richard Shults waiver served on 11/27/2017, answer due 1/26/2018. (Kraemer, Gretchen) (Entered: 11/29/2017)

RECAP
7 Nov. 29, 2017

WAIVER OF SERVICE Returned Executed filed by Mark Day; Mark Day waiver served on 11/27/2017, answer due 1/26/2018. (Kraemer, Gretchen) (Entered: 11/29/2017)

RECAP
8 Nov. 29, 2017

NOTICE of Appearance by Gretchen Witte Kraemer on behalf of All Defendants (Kraemer, Gretchen) (Entered: 11/29/2017)

RECAP
9 Nov. 29, 2017

MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3361197 Fee paid in the amount of $75. by C.P., G.R., J.S. (Rosenthal, Joshua) (Entered: 11/29/2017)

RECAP
10 Nov. 29, 2017

MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3361241 Fee paid in the amount of $75. by C.P., G.R., J.S. (Frischer, Harry) (Entered: 11/29/2017)

RECAP
11 Nov. 29, 2017

MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3361265 Fee paid in the amount of $75. by C.P., G.R., J.S. (Frizell, Catherine) (Entered: 11/29/2017)

RECAP
12 Nov. 29, 2017

TEXT ORDER granting 9 Motion for Leave to Appear Pro Hac Vice Joshua Rosenthal; granting 10 Motion for Leave to Appear Pro Hac Vice Harry Frischer; granting 11 Motion for Leave to Appear Pro Hac Vice Catherine Frizell. Signed by Clerk of Court John Courter on 11/29/2017. (kjw) (Entered: 11/29/2017)

RECAP
Nov. 29, 2017

Appear Pro Hac Vice AND Appear Pro Hac Vice AND Appear Pro Hac Vice

13 Dec. 11, 2017

MOTION to Amend/Correct 3 Order on Motion for Miscellaneous Relief, by Mark Day, Jerry Foxhoven, Richard Shults.Motions referred to Helen C. Adams. Responses due by 12/26/2017. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Attachments: # 1 Text of Proposed Order)(Kraemer, Gretchen) (Entered: 12/11/2017)

RECAP
14 Dec. 15, 2017

MOTION for Protective Order by Mark Day, Jerry Foxhoven, Richard Shults.Motions referred to Helen C. Adams. Responses due by 12/29/2017. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Attachments: # 1 Text of Proposed Order)(Kraemer, Gretchen) (Entered: 12/15/2017)

RECAP
15 Dec. 18, 2017

TEXT ORDER re 14 MOTION for Protective Order filed by Jerry Foxhoven, Richard Shults, Mark Day: Status Conference set for 12/21/2017 at 11:00 AM in Phone Hearing before Chief Magistrate Judge Helen C. Adams. Counsel should call 1-866-390-1828 and enter access code 1176783 to be joined with the call. Signed by Chief Magistrate Judge Helen C. Adams on 12/18/2017. (kln) (Entered: 12/18/2017)

RECAP
Dec. 18, 2017

Order AND ~Util - Set Hearings

16 Dec. 20, 2017

RESPONSE to Motion re 13 MOTION to Amend/Correct 3 Order on Motion for Miscellaneous Relief, filed by C.P., G.R., J.S.. Replies due by 12/27/2017. (Attachments: # 1 Text of Proposed Order Plaintiffs' Proposed Amended Order Granting Leave to Use Pseudonyms)(Frischer, Harry) (Entered: 12/20/2017)

RECAP
17 Dec. 20, 2017

RESPONSE to Motion re 14 MOTION for Protective Order filed by C.P., G.R., J.S.. Replies due by 12/27/2017. (Attachments: # 1 Text of Proposed Order Plaintiffs' Proposed Protective Order)(Frischer, Harry) (Entered: 12/20/2017)

RECAP
18 Dec. 20, 2017

NOTICE of Appearance by Matthew Kenneth Gillespie on behalf of All Defendants (Gillespie, Matthew) (Entered: 12/20/2017)

RECAP
19 Dec. 20, 2017

NOTICE of Appearance by Anagha Dixit on behalf of All Defendants (Dixit, Anagha) (Entered: 12/20/2017)

RECAP
20 Dec. 21, 2017

TEXT MINUTE ENTRY for proceedings held before Chief Magistrate Judge Helen C. Adams: Telephonic Status Conference held on 12/21/2017. Attorney Nathan Kirstein, Catherine Frizell, Harry Frischer, and Joshua Rosenthal appeared for plaintiff. Attorneys Gretchen Witte Kraemer, Anagha Dixit and Matthew Gillespie appeared for defendants. Status of case discussed. Separate order to follow. Total Court Time: 21 minutes. (Court Reporter Kelli Mulcahy.) (kln) (Entered: 12/21/2017)

RECAP
21 Dec. 21, 2017

TEXT ORDER: ORDER SETTING STATUS CONFERENCE. Status Conference is set for 2/7/2018 at 10:00 AM in Phone Hearing before Chief Magistrate Judge Helen C. Adams. To join the conference, counsel shall call the court's conference line at 1-866-390-1828 and enter access code 1176783 to be joined with the call. Signed by Chief Magistrate Judge Helen C. Adams on 12/21/2017.(kln) (Entered: 12/21/2017)

RECAP
Dec. 21, 2017

Order AND ~Util - Set Hearings

Dec. 21, 2017

Status Conference

22 Dec. 27, 2017

ORDER granting in part 14 Defendants' Motion for Protective Order. Protective Order filed separately. Signed by Chief Magistrate Judge Helen C. Adams on 12/27/2017. (kln) (Entered: 12/27/2017)

RECAP
23 Dec. 27, 2017

PROTECTIVE ORDER. See order for particulars. Signed by Chief Magistrate Judge Helen C. Adams on 12/27/2017. (kln) (Entered: 12/27/2017)

RECAP
24 Dec. 27, 2017

TEXT ORDER: ORDER granting in part 13 defendants' motion to modify order regarding pseudonyms. The Court will enter an Amended Order which modifies the proposed order submitted by plaintiffs [16-1]. Entered by Chief Magistrate Judge Helen C. Adams on 12/27/2017.(kln) (Entered: 12/27/2017)

RECAP
25 Dec. 27, 2017

AMENDED ORDER GRANTING LEAVE TO USE PSEUDONYMS. See order for particulars. Signed by Chief Magistrate Judge Helen C. Adams on 12/27/2017. (kln) (Entered: 12/27/2017)

RECAP
Dec. 27, 2017

Amend/Correct

26 Jan. 26, 2018

DEFENDANTS' ANSWER to Complaint, COUNTERCLAIM against All Plaintiffs by Richard Shults, Jerry Foxhoven, Mark Day.(Gillespie, Matthew) (Entered: 01/26/2018)

RECAP
27 Jan. 26, 2018

MOTION for Partial Summary Judgment Confidential Appendix filed separately under seal by Mark Day, Jerry Foxhoven, Richard Shults. Responses due by 2/16/2018. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Attachments: # 1 Statement of Material Facts, # 2 Brief in Support)(Kraemer, Gretchen) (Entered: 01/26/2018)

RECAP
28 Jan. 26, 2018

Sealed Document re 27 MOTION for Partial Summary Judgment Confidential Appendix filed separately under seal by Richard Shults, Mark Day, Jerry Foxhoven. (Kraemer, Gretchen) (Entered: 01/26/2018)

RECAP
29 Feb. 5, 2018

Consent MOTION for Extension of Time to File Proposed Scheduling Order/Discovery Plan by C.P.X., G.R.X., J.S.X..Motions referred to Helen C. Adams. Responses due by 2/20/2018. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Frischer, Harry) (Entered: 02/05/2018)

RECAP
30 Feb. 7, 2018

TEXT MINUTE ENTRY for proceedings held before Chief Magistrate Judge Helen C. Adams: Telephonic Status Conference held on 2/7/2018. Attorneys Nathan Kirstein, Catherine Frizell, Harry Frischer, and Joshua Rosenthal appeared for plaintiff. Attorneys Gretchen Witte Kraemer, Anagha Dixit and Matthew Gillespie appeared for defendants. Status of case discussed. Separate order to follow. Total Court Time: 9 minutes.(pjc) (Entered: 02/07/2018)

RECAP
31 Feb. 7, 2018

TEXT ORDER granting 29 Motion for Extension of Time to File. The parties shall have their Rule 26(f) hearing on or before 2/23/2018. The parties shall file their proposed scheduling order on or before 3/12/2018. Signed by Chief Magistrate Judge Helen C. Adams on 2/7/2018. (pjc) (Entered: 02/07/2018)

RECAP
32 Feb. 7, 2018

TEXT ORDER: Scheduling Conference set for 3/27/2018 at 10:30 AM by Phone Hearing before Chief Magistrate Judge Helen C. Adams. To join the conference, counsel shall call the court's conference line at 1-866-390-1828 and enter access code 1176783 to be joined with the call. Signed by Chief Magistrate Judge Helen C. Adams on 2/7/2018. (pjc) (Entered: 02/07/2018)

RECAP
Feb. 7, 2018

Order AND ~Util - Set Hearings

Feb. 7, 2018

Extension of Time to File

Feb. 7, 2018

Status Conference

33 Feb. 16, 2018

First AMENDED COMPLAINT against Mark Day, Jerry Foxhoven, Richard Shults., filed by C.P.X., G.R.X., J.S.X., K.N.X..(Frischer, Harry) (Entered: 02/16/2018)

Clearinghouse
34 Feb. 16, 2018

Plaintiffs' ANSWER to 26 Answer to Complaint, Counterclaim by C.P.X., G.R.X., J.S.X., K.N.X..(Frischer, Harry) (Entered: 02/16/2018)

RECAP
35 Feb. 16, 2018

RESPONSE to Motion re 27 MOTION for Partial Summary Judgment Confidential Appendix filed separately under seal filed by C.P.X., G.R.X., J.S.X., K.N.X.. Replies due by 2/23/2018. (Attachments: # 1 Statement of Material Facts, # 2 Declaration of Joshua M. Rosenthal, # 3 Appendix 1)(Frischer, Harry) (Entered: 02/16/2018)

RECAP
36 Feb. 16, 2018

Sealed Document re 35 Response to Motion, by C.P.X., G.R.X., J.S.X., K.N.X.. (Frischer, Harry) (Entered: 02/16/2018)

RECAP
37 Feb. 22, 2018

REPLY Confidential Reply Appendix File Separately under seal re 27 MOTION for Partial Summary Judgment Confidential Appendix filed separately under seal filed by Mark Day, Jerry Foxhoven, Richard Shults. (Attachments: # 1 Statement of Material Facts)(Kraemer, Gretchen) (Entered: 02/22/2018)

RECAP
38 Feb. 22, 2018

Sealed Document re 37 Reply to Response, by Richard Shults, Mark Day, Jerry Foxhoven. (Kraemer, Gretchen) Modified on 2/22/2018 Linked to motion for partial s/j 27 (don). (Entered: 02/22/2018)

RECAP
39 Feb. 26, 2018

DEFENDANTS' ANSWER to 33 Amended Complaint, COUNTERCLAIM against All Plaintiffs by Richard Shults, Mark Day, Jerry Foxhoven.(Gillespie, Matthew) (Entered: 02/26/2018)

RECAP
40 Feb. 28, 2018

MOTION for IME filed by Jerry Foxhoven, Richard Shults and Mark Day. Motion referred to Helen C. Adams. Responses due by 3/14/2018. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Attachments: # 1 Brief in Support, # 2 Exhibit). (Kraemer, Gretchen) (Entered: 02/28/2018)

RECAP
41 Feb. 28, 2018

TEXT ORDER ACCELERATING TIME FOR RESPONSE TO 40 MOTION for IME filed by Jerry Foxhoven, Richard Shults and Mark Day: Plaintiffs should respond to the motion by 3/7/2018. Signed by Chief Magistrate Judge Helen C. Adams on 2/28/2018. (kln) (Entered: 02/28/2018)

RECAP
Feb. 28, 2018

Order

42 March 7, 2018

RESPONSE to Motion re 40 MOTION Court order permitting IME filed by C.P.X., G.R.X., J.S.X., K.N.X.. Replies due by 3/14/2018. (Attachments: # 1 Affidavit Koch, # 2 Affidavit Kirstein)(Frischer, Harry) (Entered: 03/07/2018)

RECAP
43 March 8, 2018

TEXT ORDER EXPEDITING REPLY DEADLINE AND SETTING MOTION HEARING: Defendants have until 3/13/2018 at noon to reply on their motion for IME 40 . Motion Hearing on defendants' motion 40 set for 3/14/2018 at 9:00 AM in Phone Hearing before Chief Magistrate Judge Helen C. Adams. To join the call, counsel shall call the court's conference line at 1-866-390-1828 and enter access code 1176783. Signed by Chief Magistrate Judge Helen C. Adams on 3/8/2018. (pjc) (Entered: 03/08/2018)

RECAP
44 March 8, 2018

REPLY re 40 MOTION Court order permitting IME filed by Mark Day, Jerry Foxhoven, Richard Shults.(Kraemer, Gretchen) (Entered: 03/08/2018)

RECAP
45 March 8, 2018

Sealed Document re 44 Reply to Response Reply Appendix re Rule 35 Eval by Richard Shults, Mark Day, Jerry Foxhoven. (Kraemer, Gretchen) (Entered: 03/08/2018)

RECAP
46 March 8, 2018

TEXT ORDER CONCERNING 3/14/2018 HEARING. Counsel are notified that the call-in number for the hearing set for 9:00 AM on 3/14/2018 has been changed. Counsel should call 1-877-336-1829 and enter access number 1176783 to be joined with the call. Signed by Chief Magistrate Judge Helen C. Adams on 3/8/2018. (kln) (Entered: 03/08/2018)

RECAP
March 8, 2018

Order AND ~Util - Set Hearings

March 8, 2018

Order

47 March 9, 2018

MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3441404 Fee paid in the amount of $75. by C.P.X., G.R.X., J.S.X., K.N.X.. (Berg, Nicholas) (Entered: 03/09/2018)

RECAP
48 March 9, 2018

MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3441417 Fee paid in the amount of $75. by C.P.X., G.R.X., J.S.X., K.N.X.. (Farrell, Timothy) (Entered: 03/09/2018)

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49 March 9, 2018

MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3441434 Fee paid in the amount of $75 by C.P.X., G.R.X., J.S.X., K.N.X.. (Zagnoli, Charles) Modified on 3/9/2018 to add payment information. (tae) (Entered: 03/09/2018)

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50 March 9, 2018

TEXT ORDER granting 47 Motion for Leave to Appear Pro Hac Vice Nicholas M. Berg; granting 48 Motion for Leave to Appear Pro Hac Vice Timothy R. Farrell; granting 49 Motion for Leave to Appear Pro Hac Vice Charles D. Zagnoli. Signed by Clerk of Court John Courter on 3/9/2018. (kjw) (Entered: 03/09/2018)

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March 9, 2018

Appear Pro Hac Vice AND Appear Pro Hac Vice AND Appear Pro Hac Vice

51 March 12, 2018

PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN . (Dixit, Anagha) (Entered: 03/12/2018)

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52 March 14, 2018

TEXT MINUTE ENTRY for proceedings held before Chief Magistrate Judge Helen C. Adams: Motion Hearing held on 3/14/2018. Attorneys Nathan Kirstein, Catherine Frizell, and Harry Frischer appeared for plaintiff. Attorneys Anagha Dixit and Matthew Gillespie appeared for defendants. Oral argument on motion to compel IME 40 . Ruling reserved. Total Court Time: 51 minutes. (Court Reporter Kelli Mulcahy.) (kln) (Entered: 03/14/2018)

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March 14, 2018

Motion Hearing

53 March 15, 2018

Plaintiffs' Renewed ANSWER to 39 Answer to 33 Amended Complaint, Counterclaim by C.P.X., G.R.X., J.S.X., K.N.X..(Farrell, Timothy) (Entered: 03/15/2018)

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54 March 23, 2018

TEXT ORDER: ORDER CONCERNING CALL-IN NUMBER FOR SCHEDULING CONFERENCE. Counsel are notified that the call-in number for the scheduling conference on 3/27/2018 at 10:30 AM has been changed. Counsel should call 1-877-336-1829 and enter access code 1176783 at the prompt to be joined with the call. Signed by Chief Magistrate Judge Helen C. Adams on 3/23/2018. (kln) (Entered: 03/23/2018)

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March 23, 2018

Order

55 March 26, 2018

MOTION to Withdraw as Attorney by C.P.X., G.R.X., J.S.X., K.N.X..Motions referred to Helen C. Adams. Responses due by 4/9/2018. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Rosenthal, Joshua) (Entered: 03/26/2018)

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56 March 26, 2018

TEXT ORDER: ORDER granting 55 motion for withdrawal of appearance of Joshua M. Rosenthal. Attorneys Kirstein, Frizell, Zagnoli, Frischer, Hudson, Berg and Farrell continue to represent plaintiffs. Mr. Rosenthal's appearance may be terminated. Signed by Chief Magistrate Judge Helen C. Adams on 3/26/2018.(kln) (Entered: 03/26/2018)

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March 26, 2018

Withdraw as Attorney

57 March 27, 2018

TEXT MINUTE ENTRY for proceedings held before Chief Magistrate Judge Helen C. Adams: Telephonic Scheduling Conference held on 3/27/2018. Attorneys Nathan Kirstein, Timothy Farrell, Catherine Frizell, and Harry Frischer appeared for plaintiff. Attorneys Gretchen Kraemer, Anagha Dixit and Matthew Gillespie appeared for defendants. Status of case discussed. Separate orders to follow. Total Court Time: 19 minutes. (kln) (Entered: 03/27/2018)

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58 March 27, 2018

ORDER adopting 51 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN: Initial Disclosures Deadline 3/8/2018. Motions to Add Parties due by 5/14/2018. Motions to Amend Pleadings due by 5/14/2018. Motion for class certification due by 5/29/2018. Plaintiffs Expert Witness Disclosures due by 5/29/2018. Defendants Expert Witness Disclosures due by 7/30/2018. Plaintiffs Rebuttal Witness Disclosures due by 8/20/2018. Discovery Deadline 9/4/2018. Dispositive Motion Deadline 10/4/2018. Final Pretrial Conference set for 2/20/2019 at 10:30 AM in Des Moines Courthouse before Chief Magistrate Judge Helen C. Adams. Bench Trial set for 3/11/2019 at 09:00 AM in Des Moines - Room 145 - 1st Floor South before Judge Stephanie M. Rose. Estimated 9 days. Signed by Chief Magistrate Judge Helen C. Adams on 3/27/2018. (kln) (Entered: 03/27/2018)

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59 March 27, 2018

ORDER REGARDING FINAL PRETRIAL CONFERENCE REQUIREMENTS. See order for particulars. Signed by Chief Magistrate Judge Helen C. Adams on 3/27/2018. (kln) (Entered: 03/27/2018)

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60 March 27, 2018

ORDER SCHEDULING STATUS CONFERENCES: Status Conference set for 5/29/2018 at 10:00 AM; 7/26/2018 at 10:00 AM; 9/20/2018 at 10:00 AM; 11/27/2018 at 10:00 AM; 1/16/2019 at 10:00 AM in Phone Hearing before Chief Magistrate Judge Helen C. Adams. See order for particulars. Signed by Chief Magistrate Judge Helen C. Adams on 3/27/2018. (kln) (Entered: 03/27/2018)

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March 27, 2018

Scheduling Conference

61 March 28, 2018

ORDER denying 40 Motion for IME. See order for particulars. Signed by Chief Magistrate Judge Helen C. Adams on 3/28/2018. (pjc) (Entered: 03/28/2018)

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62 March 30, 2018

STATUS REPORT Jointly Submitted by Plaintiffs and Defendants Requesting Hearing Date by C.P.X., G.R.X., J.S.X., K.N.X.. (Frischer, Harry) (Entered: 03/30/2018)

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63 March 30, 2018

TEXT ORDER: ORDER CONCERNING DISCOVERY ISSUES. As agreed by the parties 62, defendants will file a motion for protective order by 4/9/2018. Plaintiff's response is due by 4/19/2018. No reply will be filed. Hearing on the motion is set for 5/2/2018 at 10:00 AM CDT by means of the Court's conference line. Counsel should call 1-877-336-1829 and enter access code 1176783 at the prompt to be joined with the call. Signed by Chief Magistrate Judge Helen C. Adams on 3/30/2018.(kln) (Entered: 03/30/2018)

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March 30, 2018

Order AND ~Util - Set Hearings

64 April 9, 2018

MOTION for Protective Order by Mark Day, Jerry Foxhoven, Richard Shults.Motions referred to Helen C. Adams. Responses due by 4/23/2018. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Attachments: # 1 Brief in Support)(Kraemer, Gretchen) (Entered: 04/09/2018)

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65 April 9, 2018

Sealed Document re 64 MOTION for Protective Order Appendix in support of Motion for Protective Order by Richard Shults, Mark Day, Jerry Foxhoven. (Kraemer, Gretchen) (Entered: 04/09/2018)

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66 April 11, 2018

APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 61 Order on Motion for Miscellaneous Relief by Mark Day, Jerry Foxhoven, Richard Shults. (Gillespie, Matthew) Modified on 4/11/2018: Corrected event. (sjc) (Entered: 04/11/2018)

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67 April 19, 2018

MOTION requesting the Court conduct a site visit by Mark Day, Jerry Foxhoven, Richard Shults.Motions referred to Helen C. Adams. Responses due by 5/3/2018. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Kraemer, Gretchen) (Entered: 04/19/2018)

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68 April 19, 2018

RESPONSE to Motion re 64 MOTION for Protective Order filed by C.P.X., G.R.X., J.S.X., K.N.X.. Replies due by 4/26/2018. (Attachments: # 1 Exhibit A, Declaration of Nathan D. Kirstein, # 2 Exhibit B, Declaration of Rachel Antonuccio, # 3 Appendix A)(Farrell, Timothy) (Entered: 04/19/2018)

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69 April 19, 2018

MOTION to Expedite Hearing on Defendants' Motion for Protective Order 68 by C.P.X., G.R.X., J.S.X., K.N.X..Motions referred to Helen C. Adams. Responses due by 5/3/2018. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Farrell, Timothy) (Entered: 04/19/2018)

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70 April 20, 2018

Sealed Document re 68 Response to Motion, by C.P.X., G.R.X., J.S.X., K.N.X.. (Farrell, Timothy) (Entered: 04/20/2018)

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71 April 23, 2018

TEXT ORDER denying 69 plaintiff's Motion to Expedite hearing on defendants' motion for protective order. The earliest the Court can hold a hearing is on the date currently scheduled, 5/2/2018. Signed by Chief Magistrate Judge Helen C. Adams on 4/23/2018. (kln) (Entered: 04/23/2018)

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72 April 25, 2018

RESPONSE to Motion re 66 APPEAL OF MAGISTRATE JUDGE DECISION to District Court filed by C.P.X., G.R.X., J.S.X., K.N.X.. Replies due by 5/2/2018.(Frischer, Harry) (Entered: 04/25/2018)

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73 April 30, 2018

TRANSCRIPT of Proceedings re 52 Motion Hearing, held on March 14, 2018 before Judge Helen C. Adams. Court Reporter: Kelli Mulcahy, Telephone Number: (515)284-6219. Page No(s).: 1 - 31. Transcript may be viewed at court public terminal or purchased through Court Reporter before deadline for Release of Transcript Restriction. After that date it may be obtained through court reporter, Clerk's Office, or PACER.. Redaction Request due 5/24/2018. Redacted Transcript Deadline set for 6/4/2018. Release of Transcript Restriction set for 8/2/2018. (Mulcahy, Kelli) (Entered: 04/30/2018)

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74 May 1, 2018

MOTION for Protective Order Regarding Defendants' Notice of Depositions for the Named Plaintiffs by C.P.X., G.R.X., J.S.X., K.N.X..Motions referred to Helen C. Adams. Responses due by 5/15/2018. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Attachments: # 1 Brief in Support)(Frischer, Harry) (Entered: 05/01/2018)

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75 May 1, 2018

TEXT ORDER ACCELERATING RESPONSE TO AND SETTING HEARING ON 74 MOTION for Protective Order Regarding Defendants' Notice of Depositions for the Named Plaintiffs filed by K.N.X., J.S.X., G.R.X., C.P.X. Defendants should respond to the motion by 5/4/2018. Motion Hearing set for 5/8/2018 at 11:00 AM in Phone Hearing before Chief Magistrate Judge Helen C. Adams. Counsel should call 1-877-336-1829 and enter access code 1176783 at the prompt to be joined with the call. The Court notes reference to an affidavit in the motion but it is not attached. Plaintiffs should promptly file an errata to the motion. Signed by Chief Magistrate Judge Helen C. Adams on 5/1/2018. (kln) (Entered: 05/01/2018)

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76 May 1, 2018

Errata Affidavit, not attached to prior filling re 74 Motion for Protective Order,, filed by K.N.X., J.S.X., G.R.X., C.P.X.. (Frischer, Harry) (Entered: 05/01/2018)

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May 1, 2018

Set/Reset Hearings

May 1, 2018

Set/Reset Hearings: Motion Hearing set for 5/2/2018 10:00 AM in Phone Hearing before Chief Magistrate Judge Helen C. Adams. (kln)

77 May 2, 2018

TEXT MINUTE ENTRY for proceedings held before Chief Magistrate Judge Helen C. Adams: Telephonic Motion Hearing held on 5/2/2018. Attorneys Nathan Kirstein, Timothy Farrell, Catherine Frizell, Harry Frischer, Amanda Seitz, and Charles Zagnoli appeared for plaintiff. Attorneys Gretchen Kraemer, Anagha Dixit and Matthew Gillespie appeared for defendants. Argument on defendants motion for protective order 64 . Separate order to follow. Total Court Time: 1 hour, 18 minutes. (Court Reporter Kelli Mulcahy.) (pjc) (Entered: 05/02/2018)

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78 May 2, 2018

TEXT ORDER RESETTING MOTION HEARING: Motion hearing previously set for 5/8/2018 is reset for 5/10/2018 at 9:00 AM in Des Moines - Room 460 - 4th Floor North before Chief Magistrate Judge Helen C. Adams. Signed by Chief Magistrate Judge Helen C. Adams on 5/2/2018. (pjc) (Entered: 05/02/2018)

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79 May 3, 2018

RESPONSE to Motion re 67 MOTION requesting the Court conduct a site visit filed by C.P.X., G.R.X., J.S.X., K.N.X.. Replies due by 5/10/2018.(Farrell, Timothy) (Entered: 05/03/2018)

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80 May 4, 2018

ORDER denying 64 Motion for Protective Order. See order for particulars. Signed by Chief Magistrate Judge Helen C. Adams on 5/4/2018. (pjc) (Entered: 05/04/2018)

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81 May 4, 2018

RESPONSE to Motion re 74 MOTION for Protective Order Regarding Defendants' Notice of Depositions for the Named Plaintiffs filed by Mark Day, Jerry Foxhoven, Richard Shults. Replies due by 5/11/2018. (Attachments: # 1 Exhibit Ex. A - Plaintiffs' Responses and Objections to Defendants' Interrogatories)(Gillespie, Matthew) (Entered: 05/04/2018)

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Case Details

State / Territory:

Iowa

Case Type(s):

Disability Rights

Child Welfare

Healthcare Access and Reproductive Issues

Juvenile Institution

Key Dates

Filing Date: Nov. 27, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons who are confined to the Boys State Training School in Eldora, Iowa, now or in the future, and who have a significant mental illness or emotional impairment, as determined by a mental health professional qualified under the laws and regulations of Iowa

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Children's Rights, Inc.

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Boys State Training School

Division of Mental Health and Disability Services

Iowa Department of Human Services

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Other Dockets:

Southern District of Iowa 4:17-cv-00417

U.S. Court of Appeals for the Eighth Circuit 21-01206

Available Documents:

Any published opinion

Complaint (any)

Findings Letter/Report

Injunctive (or Injunctive-like) Relief

Monetary Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Monitoring

Monitor/Master

Training

Amount Defendant Pays: $4,931,125.95

Issues

General/Misc.:

Informed consent/involuntary medication

Juveniles

Parents (visitation, involvement)

Disability and Disability Rights:

Intellectual/developmental disability, unspecified

Mental Illness, Unspecified

Mental impairment

Reasonable Accommodations

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Commitment procedure

Disciplinary segregation

Recreation / Exercise

Restraints (physical)

Solitary confinement/Supermax (conditions or process)

Recommended Citation