Certified classes in institutional reform cases

 

CERTIFIED CLASSES IN INSTITUTIONAL REFORM CASES

            
                                Center for Public Representation
Northampton, Massachusetts

Case Name (Cite)

Plaintiff

Institution

Relief Sought

ABC of ND v Olson
No. A1-80-141 561
F. Supp. 473
(D.N.D. 1982), aff'd
713 F.2d 1384 (8th
Cir.1983); 942 F.2d
1235 (8th Cir. 1991);
872 F.Supp. 689
(D.N.D. 1995)

Certified class of all
persons who are or
may become residents
of Grafton or San
Haven; ARC of ND

Grafton; San Haven

Community placement
and institutional
improvement.

Baldridge v. Clinton
No. LR C-83-1004
674 F.Supp. 665
(E.D. Ard. 1987);
139 F.R.D. 119
(E.D. Ark. 1991)

Certified class of
institutionalized
persons in the custody
of DHS who are
receiving inadequate
treatment or
inappropriate
placement

Various institutions in
Arkansas

Alternative placement
and institutional
improvement

Benjamin B. v. Cuomo
No. 86-4248
(E.D.N.Y.)

Certified class of 70
persons with
retardation
institutionalized in
psychiatric institution

Creedmoor
Psychiatric Center

Provision of services
required by
professional
judgement; additional
staffing at instutition
pending placement in
appropriate
community facilities

Bogard v. Duffy
No. 88-C-2414
(N.D.Ill.)

Certified class of
persons with
developmental
disabilities who, on or
before march 1986,
resided in ICF

Nursing facilities in
Illinois

Appropriate
developmental
services in the least
restrictive community
setting appropriate to
classmember's needs;

Case Name (Cite)

Plaintiff

Institution

Relief Sought

Bonnie S. v Drew
Altman
No. 87-3709 1989
W.L. 71795
(D.N.J.)

N.J. developmental

centers on behalf of
class of approximately
1,500 persons

NJ mental retardation

institutions

Community placement

Brewster v. Dukakis
No. 76-4423 F
544 F. Supp. 1069
(D.Ma.1982)

Class of persons with
mental illness
hospitalized at
Northampton

Northampton State
Hospital

Creation and
maintenance of
appropriate
community programs

CARC v. Thorne
C.A. H-78-653
(D.Conn.)

Certified class of
residents (now former
residents) of
Mansfield Training
School and
Connecticut Assoc.
For Retarded Citizens

Mansfield Training
School

Community placement
and institutional
improvement.

Coffelt v. DDS
No. 916401
(Ca.Super.San
Francisco)

Californians with
developmental
disabilities who are or
will be clients of four
regional centers and are
inappropriately placed
in institutions or in need
of appropriate
community services;
Assoc. For Retarded
Citizens -- California;
The Assoc. For Persons
with Severe Handicaps,
Calif. Chpt.;United
Cerebral Palsy Assoc.
Of Calif.,Inc.; Capitol
People First; the Oaks
Group

State Developmental
Centers where class
members were placed
including Porterville,
Stockton, Laterman,
Agnew, Fairview,
Sonoma and Camarillo

Development of an
array of individualized
quality community
living arrangements to
meet the needs of each
class member

Case Name (Cite)

Plaintiff

Institution

Relief Sought

Connecticut Traumatic
Brain Injury Assoc. v.
Hogan
No. 2:90CV97
(D.Conn.), 161
F.R.D.8
(D.Conn. 1995)

Certified class all
persons with traumatic
brain injury and
mental retardation
who reside or may
reside at Norwich,
Fairfield Hills
Hospital and Conn.
Valley Hosp.

Norwich Hospital;
Fairfield Hills
Hospital; Connecticut
Valley Hospital

Prevention of
placement and
retention of dangerous
persons with mental
retardation or
traumatic brain
injuries in state
hospitals for the
mental ill

Consumer Advisory
Board v. Glover
No. 91-321-P-C
151 F.R.D. 490
(D. Ma. 1993)

Residents, outpatients,
and advocates of
Pineland Center

Pineland Center

Placement in least
restrictive setting;
physical safety of
residents

Gieseking v. Schaler
No. 86-4636
672 F.Supp. 1249
(W.D. Mo. 1987)

Developmentally
disabled persons in
Missouri for whom
DMH has failed to
develop plan or secure
treatment

Various DMH
operated institutions

Development of
habilitation plans and
comprehensive
services

Halderman v.
Pennhurst StateSchool
and Hospital
No. 74-1345 446 F.
Supp. 1295 (E.D. Pa.
1978) aff'd in part;
modified on appeal,
612 F.2d.84
(3d Cir. 1979)
rev'd and remanded,
451 U.S. 1 (1981),
aff'd on remand,
(3d Cir. 1982), rev'd
and remanded,
465 U.S. 89 (1984)
consent degree
entered, 610 F. Supp
1221 (E.d. Pa. 1985)

All retarded at
Pennhurst and those at
risk of placement

Pennhurst

Creation of community
living arrangements;
institutional
improvement; damages

Case Name (Cite)

Plaintiff

Institution

Relief Sought

Homeward Bound v.
Hissom Memorial Center
No. 85-C 437-E
1987 WI. 27104
(N.D. Ok. 1987)

Certified Class of
residents and former
residents of The
Hissom Memorial
Center

The Hissom Memorial
Center

Institutional
improvement and
placement in
integrated community
setting

Horacek v. Fxon
No. CV72-L-299
357 F. Supp. 71
(D. Neb. 1973)

Class of persons
institutionalized at
Beatrice State Home

Beatrice State Home

Placement in less
restrictive community
alternatives

Jackson v. Fort
Stanton Hospital and
Training School
No. 87-839
757 F. Supp. 1243
(D.N.M. 1990),
appeal dismissed in
part, rev'd in part

Certified class of all
persons who are or
will reside at Fort
Stanton or Los Lunas
and all persons who
have been transferred
to nursing facilities
and similar facilities
funded by defendants

Fort Stanton and Los
Lunas State School

Institutional
improvements and
placement in
integrated community
settings

Kentucky ARC v. Conn
No. 78-0157(A)
510 F. Supp. 1233
(W.D. Ky. 1980)
674 F.2d 582
(6th Cir. 1982)

Certified class of all
persons who reside or
may reside at
Outwood; KY ARC

Outwood

Prevent new
construction or
purchase of new
institutional facilities

Kope v. Watkins
No. 88-61424 CZ
(3rd Judicial Cir.,
Wayne Cty., Mich.)

Class of
developmentally
disabled residents who
are or may be
residents of
specialized nursing
homes for
developmentally
disabled persons

Greenbrook Manor,
Kalamazoo Total
Living Center, Mt.
Pleasant Total Living
Center, Taylor Total
Living Center, and
Wayne Total Living
Center

Provision of
developmental
services, placement in
community residential
settings

Case Name (Cite)

Plaintiff

Institution

Relief Sought

Lelsz v. Kavanaugh
No. 3--8502462
673 F. Supp. 828
(N.D. Tex 1987);
783 F. Supp. 286
(N.D. Tex. 1991)

Certified class of
2,400 residents at Fort
Worth State School
representing class of
mentally retarded
residents treated at
Texas facilities; 5,683
members total

Fort Worth State
School; 13 institutions
today

Community placement
and institutional
improvement

Martin v. Voinovich
No. C-2-89-362
840 F. Supp. 1175
(S.D. Ohio 1993)

Class of more than
9,000 persons in Ohio
with mental
retardation or
developmental
disabilities who are or
will be in need of
community housing
and services which are
normalized, home-like
and integrated

Various institutions in
Ohio

Development of
community
placements and
housing options in
sufficient number to
meet class needs

Medley v. Ginsberg
No. 78-2099
492 F. Supp. 1294
(S.D.W.V. 1980)

Certified class of all
persons under 23 with
retardation who are or
will be
institutionalized
because of defendants'
failure to provide
community homes

Shawnee Hills
Community Mental
Health Center

Provision of
appropriate education,
treatment, care and
services in foster
homes and other
community based
facilities in their home
communities

Michigan ARC v. Smith
No. 78-70384
475 F. Supp. 990
(B.D.Mich. 1979)

Certified class of all
residents of Plymouth
Center

Plymouth Center for
Human Development

Habilitation in
appropriate, less
restrictive residential
alternative

Case Name (Cite)

Plaintiff

Institution

Relief Sought

Mihalcik v. Lensik
No. H-89-529
732 F. Supp. 299
(D. Conn. 1990)

Class action on behalf
of persons with
mental retardation
who are or will be
patients at Conn.
Valley Hospital, a
state mental institution

Connecticut Valley
Hospital

Implementation of
professional
recommendations for
services and
placement

Nelson v. Snider
160 F.R.D. 46
(E.D.Pa. 1994);
1994 WL 502352
(E.D.Pa.)

Certified class of
residents and former
residents of
Embreeville Center;
The Arc, Penna., and
Penna. Protection &
Advocacy

Embreeville Center

Community placement
institutional
improvement

New Jersey ARC v.
New Jersey Dept of
Human Services
(89 NJ 234, 445
A.2d 704) (NJ 1982)

Class of mentally
retarded citizens in
public institutions in
New Jersey

Hunterdon

Education and
training; habilitation
for adult residents;
provision of services
in the least restrictive
setting feasible

Nicoletti v. Brown
No. C87 1456
740 F. Supp. 1268
(N.D. Ohio 1987)

Class of involuntarily
committed mentally
retarded persons
residing at Cleveland
Developmental Center

Cleveland
Developmental Center

Institutional
improvement and
opportunity for
residents to choose
placement in another
appropriate Medicaid-
certified facility;
cease relocation to
non-Medicaid
certified facilities.

Case Name (Cite)

Plaintiff

Institution

Relief Sought

NY State ARC v. Carey
Nos.72 CIV 356, 357
393 F. Supp. 715
(E.D.N.Y. 1975);
706 F.2d 956
(2nd Cir. 1983)

Certified class of
residents of
Willowbrook State
Developmental
Center; New York
State ARC

Willowbrook State
Developmental Center

Consent judgment
approved;
development of
community services
for residents of
Willowbrook

Parrent v. Angus
No. 890907653CV
(3rd Jud. Dist. Court,
Salt Lake Cty., Utah)

Certified class of all
residents of the Utah
State Training School,
Assoc. For Retarded
Citizens of Utah

Utah State Training
School

Individualized
community placement
determinations,
planned development
of community
residential services

Ricci v. Okin
Nos. 72-469, 75-
5210,
74-2768, 75-3910,
and 75-5023
537 F. Supp. 817
(D. Mass. 1982);
97 F.R.D. 737
(D. Mass. 1983);
576 F. Supp. 415
(D. Mass. 1983);
781 F. Supp. 826
(D. Mass.1992)

Class of mental
retarded residents in
five institutions;
Mass. ARC

Belchertown
Fernald
Monson
Wrentham
Dever

Improve institutional
conditions

Richard C. v. Snider
1993 WL 757634
(W.D.Pa.)

Certified class
residents of Western
Center, The Arc,
Pennsylvania, The
Arc, Allegheny
County, and the
Pennsylvania
Protection and
Advocacy Assoc.

Western Center

Community
placement;
institutional
improvement.

Case Name (Cite)

Plaintiff

Institution

Relief Sought

Rights, Equality Always
at Letchworth, Inc. v.
Cuomo
No. 84 Civ. 4163
(CES) (S.D.N.Y.);
1985 WL 129 (S.D.N.Y.)

Rolland v. Cellucci
         
52 F.Supp.2d 231
        
        
(D.Mass. 1999)    

Certified class of
residents of
Letchworth Village
Development Center
and Rights, Equality
Always at
Letchworth, Inc.
(REAL), a
parents/representative
organization

Certified class of all
persons with mental
retardation or
developmental
disabilities who have
been admitted or
screened for
admission to nursing
facilities

Letchworth Village
Developmental
Center, an institution
for 1,400 to 1,700
persons with
retardation

Nursing facilities in
Massachusetts

Complaint alleged
violations of residents
constitutional rights to
care, habilitation,
training, education
and treatment, and
alleged that the
defendants have
maintained plaintiffs
in a setting where
those services cannot
properly be provided
        
Specialized services
and community
placement

Ruth L. v. White
No. 90-5562 (E.D.
Pa.)

All persons
institutionalized in
state hospitals in
Pennsylvania for
persons with mental
illness contrary to
professional judgment

Penna. state hospitals

Placement in
appropriate
community-based
mental retardation
settings

S.H. v. Edwards
No. 87-8635
860 F.2d 1045
(11th Cir. 1988),
vacated, 880 F.2d 1203
(1989), judgment aff'd
on reh'g en banc, 886
F.2d 292 (1989)

Certified class of
persons with retardation
in state institutions
denied individualized
review of continued
institutionalization

Gracewood and five
other state institutions
in Georgia

Review or hearings on
plaintiffs' continued
need for placement;
release and treatment in
community settings;
damages

Case Name (Cite)        Plaintiff        Institution        Relief Sought

Thomas S. v. Flaherty
No. C-82-418-M
699 F.Supp. 1178
(W.D.N.C. 1988),
aff'd 902 F.2d 250
(4th Cir. 1990)

Certified class of
adults with retardation
who are
inappropriately placed
in public psychiatric
institutions in NC

Public psychiatric
institutions

Community placement
and services in
accordance with
professional judgment

Society for Good Will
to Retarded Children
v. Cuomo
No. 78 CV1847 (JBW)
(F.D.N.Y.)
572 F.Supp. 1298;
572 F. Supp. 1300
(E.D.N.Y.) 1983),
vacated and
remanded, 737 F.2d
1239
(2d Cir.1984);
103 F.R.D. 169
(E.D.N.Y. 1984);
1986 WL 13931

Certified class of
more than 1,500
members; parents'
organization of
Suffolk
Developmental Center
residents

Suffolk
Developmental Center
on Long Island, NY;
renamed Long Island
Developmental Center

Institutional
improvement;
expansion of
community resources
and support services;
transfer of most
clients to small
community
residences;

Welsch v. Likins
No. 4-72-CIV-451
373 F.Supp. 487
(D.Mn. 1974),
aff'd 550 F.2d 1122
(8th Cir. 1977);
Welsch v. Gardebring
667 F.Supp. 1284
(D.Minn. 1987)

Class of all persons
with retardation
committed to
Minnesota State
institutions

Brainerd, Cambridge,
Faribault, Fergus
Falls, Hastings and
Moose Lake

Individualized
treatment and
development of less
restrictive community
alternatives

Wuori v. Concannon
No.75-80 551F.Supp.
185 (D.Me. 1982)

Class of mentally
retarded Maine
citizens

Pineland Center

Institutional
improvement and
community services

Wyatt v. Stickney
No. 319-N
344 F.Supp. 387,
aff'd, 503 F.2d 1305
(5th Cir. 1974).

Certified class of
institutionalized
persons in Alabama
with mental illness or
mental retardation

Partlow State School
and Hospital;
expanded to other
Alabama retardation
facilities

Promulgation and
implementation of
minimum standards