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Case Name Conner v. Branstad ID-IA-0001
Docket / Court 86-CV-30871 ( S.D. Iowa )
State/Territory Iowa
Case Type(s) Intellectual Disability (Facility)
Case Summary
On December 8, 1986, Iowa Protection and Advocacy Services, Inc. filed a class action lawsuit in the United States District Court for the Southern District of Iowa on behalf of Evert Conner and persons who were or would become residents of Glenwood or Woodward State Hospital-Schools. Plaintiffs ... read more >
On December 8, 1986, Iowa Protection and Advocacy Services, Inc. filed a class action lawsuit in the United States District Court for the Southern District of Iowa on behalf of Evert Conner and persons who were or would become residents of Glenwood or Woodward State Hospital-Schools. Plaintiffs were also represented by the University of Iowa College of Law Clinical Program, the Legal Center for Special Education, and private attorneys. Defendants were the State of Iowa, the Division of Mental Health/Mental Retardation, Iowa Department of Human Services, and the state hospitals. The lawsuit challenged Iowa's institutionally-based model of services for persons with developmental disabilities, alleging that the policy amounted to violations of Title XIX of the Social Security Act, section 504 of the Rehabilitation Act, the Individuals with Disabilities Education Act, the Americans with Disabilities Act, and the First and Fourteenth Amendments of the Constitution.

In the following years, the district court granted several continuances. The defendants moved for summary judgment. On December 9, 1994, the court (Magistrate Judge Mark W. Bennett) denied the motion in part but dismissed the Americans with Disabilities Act and Rehabilitation Act claims and denied that Due Process requires individuals to be in the least restrictive placement available. Conner v. Branstad, 839 F.Supp. 1346 (S. D. Iowa 1993).

The parties entered into a Consent Decree, approved by the district court (Judge Bennett) on December 2, 1994. Among the provisions in the Decree, the defendants agreed to provide individualized treatment plans to class members, provide training and employment opportunities, notify class members of their eligibility to receive community-based services, and develop a five-year plan for creating community support and services. In 1995, the Conner advisory committee was convened and created the "Plan for Community Development," the five-year plan called for in the Consent Decree.

According to the PACER docket, litigation continued regarding fees. Plaintiffs' attorneys withdrew in 2003.

Angela Heverling - 03/20/2007


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Issues and Causes of Action
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Issues
Disability
Least restrictive environment
General
Deinstitutionalization/decarceration
Habilitation (training/treatment)
Individualized planning
Mental Disability
Intellectual/developmental disability, unspecified
Type of Facility
Government-run
Causes of Action Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) State of Iowa
Woodward State Hospital-School
Plaintiff Description Persons who were or may become residents of Glenwood or Woodward State Hospital-Schools in Iowa
Indexed Lawyer Organizations None on record
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 1994 - 1999
Case Closing Year 2003
Case Ongoing No
Docket(s)
86-90871 (S.D. Iowa) 12/11/1990
ID-IA-0001-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief and Compensatory Damages 12/08/1986
ID-IA-0001-0001 PDF | Detail
Order Granting in Part and Denying in Part Defendants' Motion for Summary Judgment 12/09/1993 (839 F.Supp. 1346) (S.D. Iowa)
ID-IA-0001-0009 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Consent Decree 07/14/1994 (S.D. Iowa)
ID-IA-0001-0003 PDF | Detail
Order Approving Consent Decree 12/07/1994 (S.D. Iowa)
ID-IA-0001-0004 PDF | Detail
Plan for Community Development re: Conner v. Branstad Consent Decree 03/12/1996
ID-IA-0001-0005 PDF | Detail
Plan for Community Development: 6 Month Update 05/01/1996
ID-IA-0001-0008 PDF | Detail
Brief Summary Conner Decree Activities 03/05/1997
ID-IA-0001-0006 PDF | Detail
Correspondence 04/16/1997
ID-IA-0001-0007 PDF | Detail
Judges Bennett, Mark W. (S.D. Iowa, N.D. Iowa) [Magistrate]
ID-IA-0001-0004 | ID-IA-0001-0009 | ID-IA-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Hamel, Kari L. (Iowa)
ID-IA-0001-0003
Kaska, Sondra B. (Ohio)
ID-IA-0001-0001 | ID-IA-0001-0003 | ID-IA-0001-0009 | ID-IA-0001-9000
Levey, Linda M. (Iowa)
ID-IA-0001-0003 | ID-IA-0001-9000
Lucht, Carroll L. (Connecticut)
ID-IA-0001-0001 | ID-IA-0001-9000
Pundt, Richard A. (Iowa)
ID-IA-0001-0003 | ID-IA-0001-0009 | ID-IA-0001-9000
Raju, Srennu P. (Iowa)
ID-IA-0001-9000
Sytsma, Curt L. (Iowa)
ID-IA-0001-9000
White, Ronald (Connecticut)
ID-IA-0001-9000
Defendant's Lawyers Allen, Gordon E. (Iowa)
ID-IA-0001-0003 | ID-IA-0001-0009 | ID-IA-0001-9000
Buitenwerf, Betty (Iowa)
ID-IA-0001-0003 | ID-IA-0001-9000
Hansen, Michael E. (Iowa)
ID-IA-0001-9000
Other Lawyers None on record

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