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Case Name Allen v. Western State Hospital PB-WA-0005
Docket / Court 3:99-cv-05018 ( W.D. Wash. )
State/Territory Washington
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization NDRN/Protection & Advocacy Organizations
Case Summary
On January 12, 1999 a group of developmentally disabled individuals and two advocacy organizations filed suit against Western State Hospital, the state of Washington, the Office of Financial Management of the State of Washington, the State of Washington Department of Social & Health Services, and ... read more >
On January 12, 1999 a group of developmentally disabled individuals and two advocacy organizations filed suit against Western State Hospital, the state of Washington, the Office of Financial Management of the State of Washington, the State of Washington Department of Social & Health Services, and the Division of Developmental Disability and Mental Health Division within the State of Washington Department of Social & Health Services in the United States District Court for the Western District of Washington. They alleged the defendants had violated the First and Fourteenth Amendments, the Americans with Disabilities Act, and the Rehabilitation Act. They claimed that the defendants provided developmentally disabled patients with inadequate treatment, habilitation, protection from harm, and care both at Western State Hospital and in the community. They sought declaratory and injunctive relief.

On May 17, 1999 the court (Judge Robert J. Bryan) certified a class consisting of developmentally disabled individuals residing at Western State Hospital, who had been discharged to community-based treatment programs, or who were in danger of being admitted to Western State Hospital. The parties thereafter engaged in negotiations and the court (Judge Bryan) entered an agreed order to stay proceedings subject to certain conditions on December 2, 1999. The agreement required the defendants to institute a three phase plan that would increase training, institute more programs, prevent institutionalization when possible, develop individual plans, work to discharge patients, and develop more and better community treatment options. It also required the defendants to evaluate patients discharged into the community to ensure they were receiving adequate care and to institute monitoring.

When the monitoring instituted by the first settlement ceased in the spring of 2005 the parties resumed settlement negotiations. This resulted in two additional settlement agreements. The court (Judge Ronald B. Leighton) approved the first of these on February 15, 2006. It provided for improvements to care at Western State Hospital consisting of better staffing and training, better security for patients, proper placement of patients, individualized assessments, more community integration, and monitoring and reporting. The second of these settlements was approved by the court (Judge Leighton) on April 6, 2007. It addressed additional quality assurance measures including internal oversight, external oversight, and procedures for handling reports of incidents. The case was dismissed by the court (Judge Leighton) after a joint motion by the parties on August 14, 2009.

Michael Perry - 03/27/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Constitutional Clause
Due Process
Plaintiff Type
Private Plaintiff
Causes of Action Section 504 (Rehabilitation Act), 29 U.S.C. ยง 701
Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) Office of Financial Management of the State of Washington
State of Washington
State of Washington Department of Social & Health Services
State of Washington Department of Social & Health Services
State of Washington Department of Social & Health Services
Western State Hospital
Plaintiff Description Developmentally disabled individuals residing at Western State Hospital or who had or were in danger or being placed in the facility and two advocacy organizations.
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2009
Case Ongoing No
Docket(s)
3:99−cv−05018 (W.D. Wash.) 08/14/2009
PB-WA-0005-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order Certifying Class Action 05/17/1999 (W.D. Wash.)
PB-WA-0005-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Agreed Order on Joint Motion to Stay Proceedings 12/02/1999 (W.D. Wash.)
PB-WA-0005-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting the Plaintiffs' Application for Attorneys' Fees and Costs 05/25/2000 (W.D. Wash.)
PB-WA-0005-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Joint Motion and Memorandum for Final Approval of Partial Class Settlement 02/03/2006
PB-WA-0005-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order and Partial Settlement Agreement 02/15/2006 (W.D. Wash.)
PB-WA-0005-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order and Settlement Agreement 04/06/2007 (W.D. Wash.)
PB-WA-0005-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Arnold, J. Kelley (W.D. Wash.) [Magistrate]
PB-WA-0005-9000
Bryan, Robert Jensen (W.D. Wash.)
PB-WA-0005-0001 | PB-WA-0005-0002 | PB-WA-0005-0003 | PB-WA-0005-9000
Burgess, Franklin D. (W.D. Wash.) [Magistrate]
PB-WA-0005-9000
Leighton, Ronald B. (W.D. Wash.)
PB-WA-0005-0005 | PB-WA-0005-0006 | PB-WA-0005-9000
Monitors/Masters None on record
Plaintiff's Lawyers Carlson, David R. (Washington)
PB-WA-0005-9000
Denton, Robert B. (Utah)
PB-WA-0005-0004 | PB-WA-0005-0006 | PB-WA-0005-9000
Dorfman, Deborah A. (Washington)
PB-WA-0005-0004 | PB-WA-0005-0006 | PB-WA-0005-9000
Hubbard, Michele Earl (Washington)
PB-WA-0005-9000
Lord, David (Washington)
PB-WA-0005-9000
Parnass, John Hithcock (Washington)
PB-WA-0005-9000
Smith, Michael Jay (Washington)
PB-WA-0005-9000
Stanhope, Elizabeth A. (Washington)
PB-WA-0005-9000
Defendant's Lawyers Black, Kevin Roger (Washington)
PB-WA-0005-9000
Dee, Edward Joseph (Washington)
PB-WA-0005-9000
Nelson, Eric (Washington)
PB-WA-0005-9000
Pate, S. Morgan (Washington)
PB-WA-0005-0004 | PB-WA-0005-0006 | PB-WA-0005-9000
Pierini, Susan L. (Washington)
PB-WA-0005-9000
Sabol, JoAnn (Washington)
PB-WA-0005-9000
Williams, Shelley Anne (Washington)
PB-WA-0005-9000
Other Lawyers None on record

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