University of Michigan Law School
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Case Name Porter v. Knickrehm PB-AR-0002
Docket / Court 4:03-cv-00812-SWW ( E.D. Ark. )
State/Territory Arkansas
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization NDRN/Protection & Advocacy Organizations
Case Summary
On October 14, 2003, a lawsuit was filed on behalf of developmentally disabled adults under 42 U.S.C. § 1983 and the Due Process and Equal Protection Clauses of the 14th Amendment against the Arkansas Department of Human Services in the United States District Court for the Eastern District of ... read more >
On October 14, 2003, a lawsuit was filed on behalf of developmentally disabled adults under 42 U.S.C. § 1983 and the Due Process and Equal Protection Clauses of the 14th Amendment against the Arkansas Department of Human Services in the United States District Court for the Eastern District of Arkansas. The plaintiffs, represented by private counsel, asked the court for injunctive and declaratory relief and any other appropriate relief. Plaintiffs claimed that their rights had been violated because they were involuntarily committed to and detained in institutions without a hearing. Plaintiffs filed an amended complaint when one of the plaintiffs was moved from an institutional setting.

On February 12, 2004, the Court (Judge Susan Webber Wright) granted in part and denied in part Defendants' motion to dismiss, granted Family and Friends of Care Facility Residents' motion to intervene, and denied intervenors' motion to redact names of individual plaintiffs. Specifically, the Court found that Plaintiffs' equal protection claims should be dismissed for failure to state a claim, but held that Plaintiffs could proceed with their procedural due process claims.

The Court granted in part and denied in part both Plaintiffs' and Defendants' motions for summary judgment on November 23, 2004. Specifically: the plaintiff who moved from the institutional setting was dismissed as a party to the action; Plaintiffs' equal protection claim was dismissed with prejudice; and, the Court determined that the challenged procedures violated the Due Process Clause because they did not provide adequate post-admission review of the continued need for institutional placement.

On June 9, 2005, the Court adopted Defendants' post-admission review procedures. In light of its holding in the previous opinion, the Court had previously ordered Defendants to submit proposed post-admission review procedures that complied with Due Process requirements. The Court entered final judgment at the same time that it adopted Defendants' procedures.

The Court ordered Defendants to pay over $5,000 in Plaintiffs' attorney's fees and about $2,600 in costs on September 16, 2005.

There were cross-appeals of the Court's final judgment. On August 8th, 2006, the Eighth Circuit Court of Appeals affirmed the District Court's judgment. Porter v. Knickrehm, 457 F.3d 794 (8th Cir. 2006).

Haley Waller - 01/17/2011


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Issues and Causes of Action
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Issues
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) Arkansas Department of Human Services
Plaintiff Description Developmentally disabled adults who were involuntarily confined to an institution
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2005
Case Ongoing No
Docket(s)
4:03-cv-00812-SWW (E.D. Ark.) 09/05/2006
PB-AR-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
ORDER 02/12/2004 (E.D. Ark.)
PB-AR-0002-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
SECOND AMENDED COMPLAINT 03/16/2004
PB-AR-0002-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
BRIEF IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT 07/27/2004
PB-AR-0002-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFFS' BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT ON FOURTEENTH AMENDMENT DUE PROCESS AND EQUAL PROTECTION CLAIMS 07/27/2004
PB-AR-0002-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM OPINION AND ORDER 11/23/2004 (E.D. Ark.)
PB-AR-0002-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
JUDGMENT 06/09/2005 (E.D. Ark.)
PB-AR-0002-0004.pdf | Detail
Document Source: Westlaw
ORDER (requiring Defendants to implement proposed admission and discharge rules and dismissing case) 06/09/2005 (E.D. Ark.)
PB-AR-0002-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER (regarding costs and fees) 09/16/2005 (E.D. Ark.)
PB-AR-0002-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
BRIEF OF APPELLANTS/CROSS-APPELLEES PORTER; DISABILITY RIGHTS CENTER, INC. 04/24/2006
PB-AR-0002-0001.pdf | Detail
Document Source: Westlaw
REPLY BRIEF OF APPELLEES/CROSS-APPELLANTS FAMILIES AND FRIENDS OF CARE FACILITY RESIDENTS; GIBSON 05/25/2006
PB-AR-0002-0002.pdf | Detail
Document Source: Westlaw
Opinion (8th Circuit Court of Appeals) 08/08/2006 (457 F.3d 794)
PB-AR-0002-0011.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Colloton, Steven M. (Eighth Circuit)
PB-AR-0002-0011 | PB-AR-0002-9000
Melloy, Michael Joseph (N.D. Iowa, Eighth Circuit)
PB-AR-0002-0011 | PB-AR-0002-9000
Murphy, Diana E. (D. Minn., Eighth Circuit)
PB-AR-0002-0011 | PB-AR-0002-9000
Wright, Susan Webber (E.D. Ark., W.D. Ark., FISC)
PB-AR-0002-0004 | PB-AR-0002-0005 | PB-AR-0002-0006 | PB-AR-0002-0007 | PB-AR-0002-0008 | PB-AR-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Baker, Janet Cecil (Arkansas)
PB-AR-0002-0009 | PB-AR-0002-0010 | PB-AR-0002-9000
Butler, Adam (Arkansas)
PB-AR-0002-0009 | PB-AR-0002-0010 | PB-AR-0002-9000
McClain, Dana (Arkansas)
PB-AR-0002-0001 | PB-AR-0002-0009 | PB-AR-0002-0010 | PB-AR-0002-9000
Sherman, William F. (Arkansas)
PB-AR-0002-0002 | PB-AR-0002-9000
Wolfman, Brian (District of Columbia)
PB-AR-0002-0009 | PB-AR-0002-9000
Defendant's Lawyers Beebe, Mike (Arkansas)
PB-AR-0002-0003 | PB-AR-0002-9000
Freno, Lori (Arkansas)
PB-AR-0002-0003 | PB-AR-0002-9000
Hopkins, Breck G. (Arkansas)
PB-AR-0002-0003 | PB-AR-0002-9000
Other Lawyers None on record

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