University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name CRIPA Investigation, Landmark Learning Center, Opa-Locka (FL) ID-FL-0001
Docket / Court docket unknown ( No Court )
State/Territory Florida
Case Type(s) Intellectual Disability (Facility)
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On May 17, 1995, the United States Department of Justice Civil Rights Division sent letters to the governor of Florida, the Secretary of the United States Department of Health and Human Services, and the Secretary of the United States Department of Education informing them of the DOJ's intent to ... read more >
On May 17, 1995, the United States Department of Justice Civil Rights Division sent letters to the governor of Florida, the Secretary of the United States Department of Health and Human Services, and the Secretary of the United States Department of Education informing them of the DOJ's intent to investigate conditions at Landmark Learning Center and G. Pierce Wood Memorial Hospital pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq. The DOJ indicated that the purpose of their investigation was to determine whether the constitutional rights of the residents at these facilities had been violated. The DOJ was specifically concerned about allegations concerning abuse and neglect of residents, inadequate medical and psychiatric care, failure to provide residents with adequate training programs, and failure to provide services to residents in the least separate, most integrated setting.

On June 14, 1996, the DOJ issued a second letter to the governor of Florida to report the findings of its investigation. The DOJ noted the following constitutional violations: inadequate training programs, inadequate behavioral programs, inadequate psychiatric care and services, inadequate nursing plans, inadequate nutrition management, and inadequate occupational and physical therapy services.

The DOJ listed as minimal remedial measures that the State must provide services in the most integrated setting appropriate to the needs of residents, provide individualized behavior programs and services, develop and implement an individualized skills training program for each resident, provide adequate psychiatric and mental health services, provide adequate nursing care, provide adequate nutrition especially to those at risk of aspirating and those with feeding and swallowing problems, provide appropriate physical, occupational, and communication therapy, and ensure that the facility employs an adequate number of professional and non-professional staff. We have no further information concerning the correspondence between the DOJ and the State of Florida regarding this matter.

Emilee Baker - 07/25/2006


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Issues and Causes of Action
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Issues
Disability
Integrated setting
Least restrictive environment
General
Assault/abuse by staff
Communication skills
Food service / nutrition / hydration
Neglect by staff
Medical/Mental Health
Medical care, general
Mental health care, general
Plaintiff Type
U.S. Dept of Justice plaintiff
Type of Facility
Government-run
Causes of Action Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Defendant(s) Florida
Plaintiff Description United States Department of Justice
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief Unknown
Source of Relief Unknown
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Unknown
Case Listing MH-FL-0001 : Johnson & U.S. v. Florida (M.D. Fla.)
Docket(s)
No docket sheet currently in the collection
General Documents
Memorandum re: Proposal of CRIPA Investigation of Landmark Learning Center, Opa-Locka, Florida and Pierce Wood Memorial Hospital, Arcadia, Florida 03/23/1995
ID-FL-0001-0001.pdf | Detail
Notice Letter re: CRIPA Investigation of Landmark Learning Center, Opa-Locka, Florida and Pierce Wood Memorial Hospital, Arcadia, Florida 05/17/1995
ID-FL-0001-0003.pdf | Detail
Findings Letter re: CRIPA Investigation of Landmark Learning Center in Opa-Locka, Florida 06/14/1996
ID-FL-0001-0004.pdf | Detail
Complaint in Intervention 04/02/1998
ID-FL-0001-0005.pdf | Detail
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Davis, Tawana E. (District of Columbia)
ID-FL-0001-0005
Frohboese, Robinsue (District of Columbia)
ID-FL-0001-0005
Maddox, William G. (District of Columbia)
ID-FL-0001-0005
Patrick, Deval L. (District of Columbia)
ID-FL-0001-0001 | ID-FL-0001-0003 | ID-FL-0001-0004 | ID-FL-0001-0005
Peabody, Arthur E. Jr. (District of Columbia)
ID-FL-0001-0001 | ID-FL-0001-0005
Reno, Janet (District of Columbia)
ID-FL-0001-0005
Seigel, Michael L. (Florida)
ID-FL-0001-0005
Zimmerman, Warren A. (Florida)
ID-FL-0001-0005
Defendant's Lawyers None on record
Other Lawyers None on record

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