Case: U.S. v. New Mexico

1:89-cv-01165 | U.S. District Court for the District of New Mexico

Filed Date: Oct. 27, 1989

Closed Date: 1997

Clearinghouse coding complete

Case Summary

On January 21, 1987, the Civil Rights Division of the U.S. Department of Justice (DOJ), notified the State of New Mexico, of its intent to investigate, pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997, allegations of unconstitutional conditions at the Los Lunas Hospital and Training School, Los Lunas, New Mexico. Following its investigation, the DOJ issued its findings letter on September 12, 1988. The findings letter detailed the unconstitutional conditi…

On January 21, 1987, the Civil Rights Division of the U.S. Department of Justice (DOJ), notified the State of New Mexico, of its intent to investigate, pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997, allegations of unconstitutional conditions at the Los Lunas Hospital and Training School, Los Lunas, New Mexico. Following its investigation, the DOJ issued its findings letter on September 12, 1988. The findings letter detailed the unconstitutional conditions revealed by the investigation, which included Los Lunas' failure (1) to provide minimally adequate training programs sufficient to ensure that residents were free from undue bodily and chemical restraints, (2) to provide minimally adequate medical staff and medical care and (3) to provide minimally adequate resident supervision to protect residents from unreasonable risks to their health and safety.

On October 27 . 1989, the DOJ filed a lawsuit pursuant to CRIPA in United States District Court for the District of New Mexico regarding the conditions at the Los Lunas Hospital and Training School, Los Lunas, New Mexico. The case was settled shortly thereafter. A formal Settlement Agreement was signed and entered as a formal order of the District Court on February 1, 1988. The Agreement called for implementation of various reforms at Los Lunas. The implementation period followed with the parties filing quarterly compliance reports thereafter until 1997.

On September 22, 1997, the District Court (Judge James A. Parker) granted the parties' joint motion to terminate consent decree and dismiss case.

Summary Authors

Dan Dalton (4/17/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/9088226/parties/united-states-v-new-mexico-state-of/


Judge(s)
Attorney for Plaintiff

Deerinwater, Verlin Hughes (District of Columbia)

Dennis, Edward S.G. Jr. (District of Columbia)

Attorney for Defendant

Cerf, Christopher (District of Columbia)

Coppin, Chris (New Mexico)

Coskey, Susan (District of Columbia)

Documents in the Clearinghouse

Documents in this case

1:89-cv-01165

Docket (PACER)

Sept. 22, 1997

Sept. 22, 1997

Docket

1:89-cv-01165

Memorandum re: Recomendation to investigate Los Lunas Hospital and Training School, Los Lunas, New Mexico pursuant to CRIPA 42 U.S.C Section 1997-1997j

Jan. 13, 1987

Jan. 13, 1987

Justification Memo

Notice letter re: Intention to Investigate Los Lunas Hospital and Training School, Los Lunas, New Mexico

No Court

Jan. 21, 1987

Jan. 21, 1987

Notice of Investigation or Suit/Demand Letter

1:89-cv-01165

Findings letter re: Investigation of Los Lunas Hospital and Training School, 42 U.S.C. Section 1997b(a)(1)

No Court

Sept. 12, 1988

Sept. 12, 1988

Findings Letter/Report

1:89-cv-01165

Complaint

Oct. 27, 1989

Oct. 27, 1989

Complaint

1:89-cv-01165

Settlement Agreement

Feb. 2, 1990

Feb. 2, 1990

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/9088226/united-states-v-new-mexico-state-of/

Last updated March 18, 2026, 5:28 a.m.

ECF Number Date Description Link
27 March 15, 1991

NOTICE of Quarterly Compliance Report by defendant New Mexico, State of, defendant Garrey Carruthers, defendant NM Health & Envrnmt, defendant Dennis Boyd, defendant Los Lunas Hospital, defendant Miriam Brownstein (pg) (Entered: 03/15/1991)

RECAP
28 April 19, 1991

MOTION by plaintiff USA to consolidate cases w/Cv-87-839 JP (pg) (Entered: 04/22/1991)

RECAP
29 April 19, 1991

MEMORANDUM by plaintiff USA in support of motion to consolidate cases w/Cv-87-839 JP [28-1] (pg) (Entered: 04/22/1991)

RECAP
30 May 1, 1991

MOTION by New Mexico, State of, Garrey Carruthers, NM Health & Envrnmt, Dennis Boyd, Los Lunas Hospital, Miriam Brownstein to extend time in which to respond to pltfs mtn to consolidate until 5/22/91 (pg) (Entered: 05/02/1991)

RECAP
31 May 1, 1991

ENTRY OF APPEARANCE for New Mexico, State of, Garrey Carruthers, NM Health & Envrnmt, Dennis Boyd, Los Lunas Hospital, Miriam Brownstein by Robert T. Booms (pg) (Entered: 05/02/1991)

RECAP
32 May 13, 1991

MOTION to withdraw attorney Joel I Klein counsel for defts (pg) (Entered: 05/13/1991)

RECAP
33 May 13, 1991

MEMORANDUM in support of motion to withdraw attorney Joel I Klein counsel for defts [32-1] (pg) (Entered: 05/13/1991)

RECAP
34 May 13, 1991

CERTIFICATE of serrvice of mtn for w/d w/memo to opposing counsel on 5/3/91 by defts (pg) (Entered: 05/13/1991)

RECAP
35 May 13, 1991

NOTICE of the quarterly compliance report compiled as required by the settlement agreement (pg) (Entered: 05/14/1991)

RECAP
36 May 16, 1991

ORDER by Judge James A. Parker granting motion to withdraw attorney Joel I Klein counsel for defts [32-1] (cc: all counsel) (pg) (Entered: 05/16/1991)

RECAP
37 May 22, 1991

RESPONSE by defendants to motion to consolidate cases w/Cv-87-839 JP [28-1] (pg) (Entered: 05/23/1991)

RECAP
38 May 22, 1991

MEMORANDUM by plaintiff USA in opposition to motion to consolidate cases w/Cv-87-839 JP [28-1] (pg) (Entered: 05/28/1991)

RECAP
39 June 5, 1991

ORDER by Judge James A. Parker granting motion to extend time in which to respond to pltfs mtn to consolidate until 5/22/91 [30-1] (cc: all counsel) (pg) (Entered: 06/05/1991)

RECAP
40 June 6, 1991

REPLY by plaintiff USA to Jackson pltfs' and defts memoranda in opposition to to response to motion to consolidate cases w/Cv-87-839 JP [28-1] (pg) (Entered: 06/06/1991)

RECAP
41 June 20, 1991

ORDER by Judge James A. Parker denying motion to consolidate cases w/Cv-87-839 JP [28-1] (cc: all counsel) (pg) (Entered: 06/20/1991)

RECAP
42 Aug. 13, 1991

NOTICE by defendants of filing Quarterly Compliance Report as required in the Settlement Agreement for the period from 5/1/91 through 7/31/91 (pr) (Entered: 08/13/1991)

RECAP
43 Nov. 18, 1991

NOTICE of filing quarterly compliance report by defendants (pg) (Entered: 11/19/1991)

RECAP
44 Feb. 12, 1992

NOTICE of filing quarterly compliance report by defendant (pg) (Entered: 02/12/1992)

RECAP
45 May 14, 1992

NOTICE of filing quarterly compliance report by defts (pg) (Entered: 05/14/1992)

RECAP
46 Aug. 13, 1992

NOTICE of filing quarterly compliance report May 1, l992 through July 31, l992 by defendant (pg) (Entered: 08/13/1992)

RECAP
47 Nov. 17, 1992

NOTICE of filing quarterly compliance report by defts New Mexico, State of, Garrey Carruthers, NM Health & Envrnmt, Dennis Boyd, Los Lunas Hospital, Miriam Brownstein (pg) (Entered: 11/17/1992)

RECAP
48 Feb. 16, 1993

NOTICE by defendants of filing Quarterly Compliance Report (pr) (Entered: 02/17/1993)

RECAP
49 May 17, 1993

NOTICE by defendant of Quarterly Compliance Report as required in the Settlement Agreement (pg) (Entered: 05/17/1993)

RECAP
50 Aug. 16, 1993

NOTICE of filing Quarterly Compliance Report by defts New Mexico, State of, Garrey Carruthers, NM Health & Envrnmt, Dennis Boyd, Los Lunas Hospital and Miriam Brownstein (pg) (Entered: 08/16/1993)

RECAP
51 Nov. 23, 1993

NOTICE of Quarterly Compliance Report by defendants (pg) (Entered: 11/23/1993)

RECAP
52 Feb. 16, 1994

NOTICE of filing Quarterly Compliance Report by defendant (pg) (Entered: 02/16/1994)

RECAP
53 Feb. 16, 1994

SUPPLEMENT to the Quarterly Compliance Report by defendant [52-1] (pg) (Entered: 02/16/1994)

RECAP
54 May 24, 1994

NOTICE of filing quarterly compliance report by defendants (dmw) (Entered: 05/24/1994)

RECAP
55 Aug. 24, 1994

QUARTERY COMPLIANCE REPORT by defendants for period 5/1/94 through 7/31/94 (former employee) (Entered: 08/24/1994)

RECAP
56 Nov. 21, 1994

QUARTERLY COMPLIANCE REPORT by defendants for the period 8/1/94 through 10/31/94 (dmw) (Entered: 11/22/1994)

RECAP
57 Feb. 24, 1995

QUARTERLY COMPLIANCE REPORT by defendants for the period 11/1/94 through 1/31/95 (dmw) (Entered: 02/24/1995)

RECAP
58 May 25, 1995

QUARTERLY COMPLIANCE REPORT by defendants for the period of 2/1/95 - 4/30/95 (dmw) (Entered: 06/01/1995)

RECAP
59 Aug. 17, 1995

QUARTERLY COMPLIANCE REPORT by defendants (jrm) (Entered: 08/21/1995)

RECAP
60 Sept. 29, 1995

AMENDMENT by defendant to quarterly compliance report [59-1] (dmw) (Entered: 10/03/1995)

RECAP
61 Dec. 12, 1995

QUARTERLY COMPLIANCE REPORT by defendants from 8/1/95 - 10/31/95 (dmw) (Entered: 12/14/1995)

RECAP
62 Dec. 13, 1995

CERTIFICATE by defendants of service of quarterly compliance report to opposing counsel 12/12/95 (dmw) (Entered: 12/17/1995)

RECAP
63 Feb. 15, 1996

QUARTERLY COMPLIANCE REPORT by defendants from 11/1/96 [sic] - 1/31/96 (dmw) (Entered: 02/20/1996)

RECAP
64 April 29, 1996

ENTRY OF APPEARANCE for NM Health & Envrnmt & Los Lunas Hospital by Sally Malave (dmw) (Entered: 05/02/1996)

RECAP
65 May 22, 1996

QUARTERLY COMPLIANCE REPORT by defendants from 2/1/96 - 4/30/96 (dmw) (Entered: 05/28/1996)

RECAP
66 Aug. 22, 1996

QUARTERLY COMPLIANCE REPORT by defendants from 5/1/96 - 7/31/96 (dmw) (Entered: 08/22/1996)

RECAP
67 Nov. 22, 1996

QUARTERLY COMPLAINT REPORT by defendants from 8/1/96 - 10/31/96 (dmw) (Entered: 11/25/1996)

RECAP
68 Feb. 24, 1997

QUARTERLY COMPLIANCE REPORT by defendants from 11/1/96 - 1/31/97 (dmw) (Entered: 02/24/1997)

RECAP
69 May 23, 1997

QUARTERLY COMPLIANCE REPORT by defendants from 2/1/97 - 4/30/97 (dmw) (Entered: 05/23/1997)

RECAP
70 Aug. 15, 1997

QUARTERLY COMPLIANCE REPORT by defts for period 5/1/97 - 7/31/97 (pz) (Entered: 08/15/1997)

RECAP
71 Aug. 29, 1997

JOINT MOTION by the parties to terminate consent decree & dismiss case (dmw) (Entered: 08/29/1997)

RECAP
72 Sept. 22, 1997

ORDER by Judge James A. Parker granting joint motion to terminate consent decree & dismiss case [71-1] dismissing case (cc: all counsel) (dmw) (Entered: 09/22/1997)

RECAP

Case Details

State / Territory:

New Mexico

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 27, 1989

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Los Lunas Hospital and Training School

Facility Type(s):

Government-run

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Other Dockets:

District of New Mexico 1:89-cv-01165

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

Order Duration: 1989 - 1997

Issues

General/Misc.:

Neglect by staff

Staff (number, training, qualifications, wages)

Totality of conditions

Disability and Disability Rights:

Intellectual/developmental disability, unspecified

Jails, Prisons, Detention Centers, and Other Institutions:

Restraints (chemical)

Restraints (physical)

Medical/Mental Health Care:

Medical care, general

Recommended Citation