Filed Date: May 11, 1981
Closed Date: 1993
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On May 11, 1981, two residents of the Gracewood State School and Hospital filed a class action lawsuit under 42 U.S.C. § 1983, the Rehabilitation Act (29 U.S.C. § 794), and state law against the state of Georgia in the U.S. District Court for the Northern District of Georgia. The plaintiffs, represented by Georgia Legal Services and the Atlanta Legal Aid Society, and alleged that their constitutional rights had been violated because they had been denied access to due process hearing procedures, which would determine their need for community placement or continued hospitalization. The class consisted of residents of the Gracewood State School and Hospital.
On April 10, 1987, the district court dismissed the plaintiffs' state law claims, granted summary judgment to the defendants on the issue of a right to community rehabilitation and on all claims under the Rehabilitation Act. The court then granted summary judgment to the plaintiffs on the state law claim of a right to a continued rehabilitation review procedure. Both parties appealed. On November 28, 1988, the U.S. Court of Appeals for the Eleventh Circuit (Judge Peter Thorp Fay, Judge Thomas Alonzo Clark, and Judge Jose Alejandro Gonzalez, Jr.) issued a per curiam opinion affirming the district court's decision. S.H. v. Edwards, 860 F.2d 1045 (11th Cir. 1988). The defendants requested a rehearing en banc, and on January 9, 1989, the Eleventh Circuit denied that request. S.H. v. Edwards, 866 F.2d 1420 (11th Cir. 1989). The defendants appealed. On June 19, 1989, the U.S. Supreme Court denied the petition for writ of certiorari. S.H. v. Edwards, 491 U.S. 905 (1989).
On July 31, 1989, the Eleventh Circuit reconsidered their refusal to rehear the case en banc, and issued an order that the case would be reheard with oral arguments. S.H. v. Edwards, 880 F.2d 1203 (11th Cir. 1989). On September 28, 1989, the court clarified that the only claim that would be considered by the en banc session would be the plaintiffs' claims for relief in the nature of rehabilitation in the least restrictive environment in accordance with the recommendation of professional treatment staff. S.H. v. Edwards, 886 F.2d 292 (11th Cir. 1989).
On October 26, 1989, the Eleventh Circuit issued an en banc ruling affirming the ruling of the district court. According to the docket, there was no activity on this case for several years, and on February 1, 1993, the district court dismissed the case with prejudice by consent of all parties.
Summary Authors
Kristen Sagar (8/17/2006)
Anderson, Robert Lanier III (Georgia)
Clark, Thomas Alonzo (Georgia)
Cox, Emmett Ripley (Alabama)
Cromartie, John L. Jr. (Georgia)
Cosgrove, Carol Atha (Georgia)
Anderson, Robert Lanier III (Georgia)
Clark, Thomas Alonzo (Georgia)
Cox, Emmett Ripley (Alabama)
Edmondson, James Larry (Georgia)
Fay, Peter Thorp (Florida)
Gonzalez, Jose Alejandro Jr. (Florida)
Hatchett, Joseph Woodrow (Florida)
Hill, Robert Andrews (Mississippi)
Johnson, Frank Minis Jr. (Alabama)
Kravitch, Phyllis A. (Georgia)
Roney, Paul Hitch (Florida)
Tjoflat, Gerald Bard (Florida)
Vance, Robert Smith (Alabama)
Ward, Horace Taliaferro (Georgia)
Last updated March 24, 2024, 3:10 a.m.
State / Territory: Georgia
Case Type(s):
Intellectual Disability (Facility)
Key Dates
Filing Date: May 11, 1981
Closing Date: 1993
Case Ongoing: No
Plaintiffs
Plaintiff Description:
residents of the Gracewood State School and Hospital
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Southwestern State Hospital, State
Case Details
Causes of Action:
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Constitutional Clause(s):
Due Process: Substantive Due Process
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
General:
Deinstitutionalization/decarceration
Jails, Prisons, Detention Centers, and Other Institutions:
Habilitation (training/treatment)
Disability and Disability Rights:
Intellectual/developmental disability, unspecified
Medical/Mental Health:
Intellectual disability/mental illness dual diagnosis
Type of Facility: