Case: USA v. Arkansas

4:09-cv-00033 | U.S. District Court for the Eastern District of Arkansas

Filed Date: Jan. 16, 2009

Closed Date: 2011

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Case Summary

On April 24, 2004, the U.S. Department of Justice's Civil Rights Division ("DOJ") sent a findings letter to Arkansas's governor, advising him of the results of the Spring 2003, DOJ investigation of conditions and practices at the Conway Human Development Center ("CHDC"), a facility housing developmentally disabled persons, including those with intellectual disabilities, cerebral palsy, epilepsy, and/or autism. The investigation occurred under the authority of the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997. DOJ and expert consultants visited the facility, reviewed a wide array of documents there, and conducted interviews with personnel and residents. The letter commended CHDC staff for providing a high level of cooperation during the investigation, as well as the dedication many showed for resident well-being. Nevertheless, the investigation found deficiencies in resident care at CHDC, in that conditions and services at CDHC substantially departed from generally accepted standards of care. Constitutional and federal statutory rights of residents at CHDC were violated in several respects, according to the DOJ.

DOJ concluded that deficiencies in conditions of resident care and treatment at CHDC existed as to multiple topic areas, including CDHC's causing residents significant harm or risk of harm through inadequate: (1) health care (termed "grossly deficient," with particular problems in "terribly inadequate" medical and neurological care, physical and nutritional management and therapy services, and infection control and medication administration practices); (2) habilitative treatment services (e.g., "grossly deficient" and unreviewed restraint practices; "critically inadequate" activity programming and psychiatric services; inadequately trained and supervised staff; ineffective behavior programs; invalid data collection and recording practices; poor medication management); and (3) protection from harm policies (e.g., failure to conduct mortality reviews after resident deaths, meager investigation of abuse or neglect incidents, inadequacies in residents' rights and consent policies); as well as CHDC's (4) failure to provide required special education and related services pursuant to the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1401; and (5) failure to provide services to individuals with disabilities in the most integrated setting appropriate to individual residents' needs, pursuant to statutory obligations imposed by Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12131 et seq., and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. The letter provided details of deficiencies for all five of these categories.

Minimally-acceptable remedial measures for each of the five categories were outlined in the letter, which concluded by inviting continued further collaboration in implementing the remediation. The letter also provided notice that, absent a resolution of federal concerns, the DOJ would file a CRIPA lawsuit to compel correction of the identified deficiencies at CHDC.

On January 16, 2009, the DOJ filed a complaint in the U.S. District Court for the Eastern District of Arkansas. The complaint mirrored the findings letter. The State filed an answer on February 17, 2009.

Over a year later, the U.S. filed a Motion for Preliminary Injunction on March 9, 2010. Arkansas opposed the motion, and on April 7, 2010, the court (Judge J. Leon Holmes) denied the motion. Both parties then filed Motions for Partial Summary Judgment, which were denied by the court on July 30, 2010.

On August 27, 2010, a group of parents and guardians of residents of CHDC filed an amicus curiae brief in support of the state.

A six-week bench trial was held in September 2010. The court allowed the parties to extend the filing period for post-trial briefs to provide time for the transcripts to be prepared. The court issued its findings on June 8, 2011. The court found that the U.S. had not met its burden under the first claim for relief, that the practices at CHDC departed from generally accepted professional standards. The court also found the U.S. failed to meet its burden for the second claim for relief, that CHDC was not in compliance with the Americans with Disabilities Act (ADA). On the U.S.'s third claim for relief, the court found that DOJ had shown that CHDC was not providing free appropriate public education for resident children. However, because CHDC had submitted a proposal for changing their education policy to the appropriate state agency (Arkansas Department of Education) at the time of trial, the court did not find it necessary to take any action. Accordingly, the court dismissed the action with prejudice. The court denied, however, the state's later request for attorneys' fees and only awarded costs in the amount of $150,580. Although the U.S. did not prove its case during the bench trial, the court found that CHDC had made certain changes in policies and practices, most likely as a result of the DOJ investigation. Apparently, the court did not want to find the DOJ's claims frivolous or groundless and have to grant attorney's fees to the defendants. The case is now closed.


4:09-cv-00033	Docket [PACER] United States v. Arkansas	Feb. 27, 2012	Feb. 27, 2012 Docket
	CRIPA Investigation of Conway Human Developmental Center in Arkansas DOJ CRIPA Investigation of Conway Human Developmental Center in Arkansas No Court	April 21, 2004	April 21, 2004 Findings Letter/Report
1 4:09-cv-00033	Complaint United States v. Arkansas	Jan. 16, 2009	Jan. 16, 2009 Complaint
4 4:09-cv-00033	Answer and Affirmative Defenses United States v. Arkansas	Feb. 17, 2009	Feb. 17, 2009 Pleading / Motion / Brief
42 4:09-cv-00033	United States' Motion for Preliminary Injunction United States v. Arkansas	March 9, 2010	March 9, 2010 Pleading / Motion / Brief
43 4:09-cv-00033	Memorandum of Points and Authorities in Support of United States' Motion for Preliminary Injunction United States v. Arkansas	March 9, 2010	March 9, 2010 Pleading / Motion / Brief
50 4:09-cv-00033	Brief in Support of "Defendants' Motion to Strike Plaintiff's Motion for Preliminary Injunction, or, in the Alternative, Defendants' Motion for an Enlargement of Time to Respond to Plaintiff's Motion for Preliminary Injunction" United States v. Arkansas	March 23, 2010	March 23, 2010 Pleading / Motion / Brief
52 4:09-cv-00033	Opinion and Order United States v. Arkansas	April 7, 2010	April 7, 2010 Order/Opinion 2010 WL 1408818
218 4:09-cv-00033	United States' Post-Trial Brief United States v. Arkansas	Feb. 10, 2011	Feb. 10, 2011 Pleading / Motion / Brief
219 4:09-cv-00033	Defendants' Post-Trial Brief United States v. Arkansas	Feb. 10, 2011	Feb. 10, 2011 Pleading / Motion / Brief

ECF Number	Date	Description	Link
1	Jan. 16, 2009	COMPLAINT against all defendants, filed by USA, summons issued and returned to counsel for plaintiff (filing fee waived) (jap) (Entered: 01/20/2009)	RECAP
	Jan. 22, 2009	Summons Reissued as to Arkansas, State of c/o Governor Beebe. (kjp)
2	Feb. 3, 2009	SUMMONS Returned Executed by USA. State of Arkansas served on 1/30/2009. (mkf) (Entered: 02/03/2009)	RECAP
3	Feb. 4, 2009	NOTICE of Appearance by Lori Freno-Engman on behalf of Arkansas, State of, Mike Beebe, John M Selig, James C Green, Calvin Price (Freno-Engman, Lori) (Entered: 02/04/2009)	RECAP
4	Feb. 17, 2009	ANSWER to 1 Complaint by Arkansas, State of, Mike Beebe, John M Selig, James C Green, Calvin Price.(Freno-Engman, Lori) (Entered: 02/17/2009)	RECAP
5	Feb. 17, 2009	INITIAL SCHEDULING ORDER (DOC): Rule 26(f) Conference to occur by 4/27/2009; Rule 26(f) Report due by 5/11/2009; Bench Trial set for 4/6/2010 at 9:00 AM in Little Rock Courtroom #4C before Judge William R. Wilson Jr. (maj) (Entered: 02/17/2009)	RECAP
6	Feb. 19, 2009	SUMMONS Returned Executed by USA. Mike Beebe served on 1/25/2009. (vjt) (Entered: 02/19/2009)	RECAP
7	Feb. 19, 2009	SUMMONS Returned Executed by USA. James C Green served on 1/29/2009. (vjt) (Entered: 02/19/2009)	RECAP
8	Feb. 19, 2009	SUMMONS Returned Executed by USA. Calvin Price served on 1/28/2009. (vjt) (Entered: 02/19/2009)	RECAP
9	Feb. 19, 2009	SUMMONS Returned Executed by USA. John M Selig served on 1/29/2009. (vjt) (Entered: 02/19/2009)	RECAP
10	Feb. 19, 2009	Summons Returned Unexecuted by USA as to Arkansas, State of. (vjt) (Entered: 02/19/2009)	RECAP
11	March 30, 2009	NOTICE of Appearance by Thomas B. York on behalf of Arkansas, State of, Mike Beebe, John M Selig, James C Green, Calvin Price (York, Thomas) (Entered: 03/30/2009)	RECAP
12	March 30, 2009	NOTICE of Appearance by Donald B. Zaycosky on behalf of Arkansas, State of, Mike Beebe, John M Selig, James C Green, Calvin Price (Zaycosky, Donald) (Entered: 03/30/2009)	RECAP
13	May 11, 2009	REPORT of Rule 26(f) Planning Meeting by Arkansas, State of, Mike Beebe, John M Selig, James C Green, Calvin Price. Parties' Rule 26 (f) Discovery Plan (Attachments: # 1 Exhibit Attachment A)(York, Thomas) (Entered: 05/11/2009)	RECAP
14	May 21, 2009	FINAL SCHEDULING ORDER (DOC): Bench Trial set for 4/6/2010 at 9:30 AM in Little Rock Courtroom #4C before Judge William R. Wilson Jr; Discovery due by 2/12/2010; Motions due by 2/5/2010; Pretrial Disclosure Sheet due by 3/8/2010. (maj) (Entered: 05/21/2009)	RECAP
15	June 4, 2009	NOTICE by USA First Entry Onto Land (Cheng, Christopher) (Entered: 06/04/2009)	RECAP
16	June 5, 2009	CERTIFICATE OF SERVICE by USA re 15 Notice (Other) (substitute certificate of service) (Cheng, Christopher) (Entered: 06/05/2009)	RECAP
17	July 2, 2009	NOTICE of Appearance by Laura L. Coon on behalf of USA (jap) (Entered: 07/06/2009)	RECAP
18	July 2, 2009	NOTICE of Appearance by Vincent P. Herman on behalf of USA (jap) (Entered: 07/06/2009)	RECAP
19	July 10, 2009	STIPULATION For Protective Order by Arkansas, State of, Mike Beebe, John M Selig, James C Green, Calvin Price. (York, Thomas) (Entered: 07/10/2009)	RECAP
20	Aug. 20, 2009	ORDER REASSIGNING CASE to Chief Judge J. Leon Holmes for all further proceedings. Signed by Judge William R. Wilson Jr. on 8/20/09. (bfw) (Entered: 08/20/2009)	RECAP
22	Oct. 9, 2009	Unopposed MOTION to Extend Time in Scheduling Order by USA (Dean, Kerry) (Entered: 10/09/2009)	RECAP
23	Oct. 21, 2009	(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute entry for proceedings held before Chief Judge J. Leon Holmes: TELEPHONE CONFERENCE held on Wednesday, 10/21/2009 re 22 Unopposed MOTION to Extend Time in Scheduling Order filed by USA; Benjamin Taylor, Christopher Cheng, Laura Coon present for plaintiff; Thomas York, Lori Freno present for defendant; Court informs parties trial will be reset for fall, 2010; parties to confer and submit proposed scheduling order to Court. (Court Reporter K. Baker) (cdw) (Entered: 10/21/2009)	RECAP
24	Nov. 13, 2009	AMENDED DOCUMENT by USA. Amendment to 14 Scheduling Order, Set Scheduling Order Deadlines (Parties Joint Submission of Proposed Revised Scheduling Order) (Attachments: # 1 Document Proposed Order)(Cheng, Christopher) (Entered: 11/13/2009)	RECAP
25	Nov. 16, 2009	AMENDED FINAL SCHEDULING ORDER (DOC): Bench Trial reset for the week of 9/8/2010 at 9:15 AM in Little Rock, Courtroom #4D before Chief Judge J. Leon Holmes; Discovery due by 6/8/2010; Pretrial Disclosure Sheet due by 7/30/2010; Status Report due by 7/12/2010. (cdw) (Entered: 11/16/2009)	RECAP
27	Nov. 25, 2009	First MOTION to Compel Entry Upon Land by USA (Dean, Kerry) (Entered: 11/25/2009)	RECAP
28	Nov. 25, 2009	BRIEF IN SUPPORT filed by USA re 27 Motion to Compel Entry Upon Land (Attachments: # 1 Exhibit 1 - 6-30-09 Letter from C.Cheng, # 2 Exhibit 2 - Crawford Report, # 3 Exhibit 3 - 10-20-09 email from T.York, # 4 Exhibit 4 - 11-2-09 email from T.York, # 5 Exhibit 5 - 11-4-09 email from C.Cheng, # 6 Exhibit 6 - 11-6-09 Letter from B.Tayloe, # 7 Exhibit 7 - 11-12-09 email from T.York, # 8 Exhibit 8 - 11-16-09 email from C.Cheng, # 9 Exhibit 9 - 11-17-09 email from T.York, # 10 Exhibit 10 - 11-17-09 email from K.Dean, # 11 Exhibit 11 - Notice of Entry Upon Land, # 12 Exhibit 12 - Objections to Notice of Entry, # 13 Exhibit 13 - 10-26-09 email from T.York)(Dean, Kerry) (Entered: 11/25/2009)	RECAP
29	Nov. 25, 2009	First MOTION to Compel Production of Documents by USA (Dean, Kerry) (Entered: 11/25/2009)	RECAP
30	Nov. 25, 2009	BRIEF IN SUPPORT filed by USA re 29 Motion to Compel Production of Documents (Attachments: # 1 Exhibit A - U.S. 3d Request for Production of Documents, # 2 Exhibit B - Defendants' Response to 3d Request for Production, # 3 Exhibit C -10-15-09 Letter from T.York, # 4 Exhibit D - 11-3-09 Letter from B.Tayloe)(Dean, Kerry) (Entered: 11/25/2009)	RECAP
31	Nov. 30, 2009	ORDER REFERRING MOTIONS to Compel 27 29 to Magistrate Judge Henry L. Jones, Jr., for disposition. Signed by Chief Judge J. Leon Holmes on 11/30/09. (vjt) (Entered: 11/30/2009)	RECAP
33	Nov. 30, 2009	ORDER directing defts to file no later than December 2, 2009, responses to 29 First MOTION to Compel Production of Documents and 27 First MOTION to Compel Entry Upon Land. Signed by Magistrate Judge Henry L. Jones, Jr on 11/30/09. (bkp)	RECAP
35	Dec. 2, 2009	RESPONSE in Opposition re 27 First MOTION to Compel Entry Upon Land Defendants' Brief In Opposition To The United States' Motion To Compel Entry Upon Land filed by Arkansas, State of, Mike Beebe, John M Selig, James C Green, Calvin Price. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(York, Thomas) (Entered: 12/02/2009)	RECAP
36	Dec. 2, 2009	RESPONSE in Opposition re 29 First MOTION to Compel Production of Documents filed by Arkansas, State of, Mike Beebe, John M Selig, James C Green, Calvin Price. (Attachments: # 1 Exhibit A)(York, Thomas) (Additional attachment added on 12/7/2009: # 2 defendant's Exhibit B) (bfw). (entry modified to add Exhibit B at the direction of chambers) (Entered: 12/02/2009)	RECAP
37	Dec. 7, 2009	NOTICE OF DOCKET CORRECTION re 36 Response in Opposition to Motion: (entry modified to add Exhibit B as an attachment at the direction of chambers) (copy of Exhibit B attached hereto for service on parties) (bfw) (Entered: 12/07/2009)	RECAP
39	Dec. 7, 2009	ORDER denying 27 pltf's Motion to Compel entry upon land; denying 29 pltf's Motion to Compel State of Arkansas to adequately respond to the United States' discovery requests without prejudice as moot. Signed by Magistrate Judge Henry L. Jones, Jr on 12/7/09. (tjj) (Entered: 12/07/2009)	RECAP
41	Dec. 8, 2009	NOTICE of Appearance by Nicholas M. May on behalf of USA. (vjt) (Entered: 12/09/2009)	RECAP
42	March 9, 2010	MOTION for Preliminary Injunction by USA (Dean, Kerry) (Entered: 03/09/2010)	RECAP
43	March 9, 2010	BRIEF IN SUPPORT filed by USA re 42 Motion for Preliminary Injunction (Attachments: # 1 Exhibit List of Complete Exhibits to PI, # 2 Exhibit 1 - Findings Letter, # 3 Exhibit 3 - Richardson Declaration, # 4 Exhibit 3.A - Richardson Report, # 5 Exhibit 4 - Green Dep, # 6 Exhibit 7 - Mikkelsen Declaration, # 7 Exhibit 7.A.1 - Mikkelsen Report, # 8 Exhibit 7.A.2 - Mikkelsen Report, # 9 Exhibit 7.A.3 - Mikkelsen Report, # 10 Exhibit 7.A.4 - Mikkelsen Report, # 11 Exhibit 8 - Gettings Declaration, # 12 Exhibit 8.A - Gettings Report, # 13 Exhibit 8.B - Residential Services 2008, # 14 Exhibit 8.D - Case for Inclusion, # 15 Exhibit 8.E - Choices in Living, # 16 Exhibit 8.F - Status of Olmstead Plan, # 17 Exhibit 8.G - HCBS Waiver App, # 18 Exhibit 8.C.1 - Residential Services 2007, # 19 Exhibit 8.C.2 - Residential Services 2007, # 20 Exhibit 9 - Thibadeau Declaration, # 21 Exhibit 9.A - Thibadeau Report, # 22 Exhibit 9.B - Thibadeau CV, # 23 Exhibit 10 - Hill Dep, # 24 Exhibit 11 - Millum Dep, # 25 Exhibit 12.1 - Olmstead Plan, # 26 Exhibit 12.2 - Olmstead Plan, # 27 Exhibit 13 - Higgs Dep, # 28 Exhibit 14 - Cromer Dep, # 29 Exhibit 15 - Lee Dep, # 30 Exhibit 16 - Lee Email and Attachment, # 31 Exhibit 17 - Harris Email and Attachment, # 32 Exhibit 18 - Mercer Email, # 33 Exhibit 20 - Response to RFP, # 34 Exhibit 22 - Holloway Declaration, # 35 Exhibit 22.A - Holloway Report, # 36 Exhibit 24 - Callahan Dep, # 37 Exhibit 25 - Thomas Dep, # 38 Exhibit 26 - Matson Declaration, # 39 Exhibit 26.A - Matson Report, # 40 Exhibit 26.B - Matson CV, # 41 Exhibit 27 - Manikam Declaration, # 42 Exhibit 27.A - Manikam Report, # 43 Exhibit 27.B - Manikam CV, # 44 Exhibit 34 - Psychology Services Meeting, # 45 Exhibit 41 - DDS Mission Statement, # 46 Exhibit 42 - Reddig Email, # 47 Exhibit 43 - Reddig Dep)(Dean, Kerry) (Entered: 03/09/2010)	RECAP
44	March 9, 2010	MOTION to Seal Document Exhibits to Memo in Support of PI by USA (Dean, Kerry) (Entered: 03/09/2010)	RECAP
45	March 10, 2010	ORDER granting USA's 44 Motion to File Documents Under Seal; the referenced exhibits to 43 USA's Memorandum of Points and Authorities in Support of their 42 MOTION for Preliminary Injunction shall be FILED UNDER SEAL. Signed by Chief Judge J. Leon Holmes on 3/10/10. (vjt) (Entered: 03/10/2010)	RECAP

Case: USA v. Arkansas

4:09-cv-00033 | U.S. District Court for the Eastern District of Arkansas

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