University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name U.S. v. Illinois ID-IL-0002
Docket / Court 92-C-0694 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Intellectual Disability (Facility)
Case Summary
On January 28, 1992, the United States Department of Justice Civil Rights Division filed a class action lawsuit on behalf of residents at the W.A. Howe Developmental Center pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq. against the State of ... read more >
On January 28, 1992, the United States Department of Justice Civil Rights Division filed a class action lawsuit on behalf of residents at the W.A. Howe Developmental Center pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq. against the State of Illinois and W.A. Howe Developmental Center in the United States District Court for the Northern District of Illinois. The DOJ alleged that the defendants deprived residents of the facility of their constitutional rights, privileges, and immunities and it sought injunctive relief.

The DOJ specifically alleged that defendants subjected residents to unreasonable risks to their personal safety and undue bodily restraint by failing to provide appropriate individualized training and behavioral programs. It was also alleged that the defendants provided inadequate medical care, kept inadequate record review systems, subjected residents to undue bodily restraint by failing to ensure restraints were administered by qualified professionals according to professional judgment, failed to prescribe and administer psychotropic medication safely and pursuant to professional judgment, and failed to employ adequate staff.

On January 4, 1994, the U.S. District Court for the Northern District of Illinois (Judge Paul E. Plunkett) issued a consent decree. The Court ordered that the defendants provide each resident a training program designed to reduce unreasonable risks to personal safety and unreasonable use of bodily restraints. Defendants were also required to ensure that bodily restraints and time out were administered only pursuant to professional judgment. Further, defendants were also required to provide adequate medical care and medical specialty services, ensure that prescription medications were appropriately prescribed and administered, establish and maintain adequate medical records for each resident, and employ adequate staff in ratios set forth in the consent decree.

The Court anticipated that defendants would fully implement the provisions of the consent decree within two years. The Court maintained jurisdiction over this action until all provision were fully implemented and appointed a panel of experts to monitor the defendants' compliance (the monitors appointed were psychology expert Johnny L. Matson, Ph.D., medical expert Robert B. Kugel, M.D., and physical management expert Karen M. Green-McGowan). The docket ends on February 14, 1996 with the Court (Judge Plunkett) entering a minute order granting the Agreed Motion to Terminate Consent Decree and Dismiss Case.

Emilee Baker - 07/25/2006


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Issues and Causes of Action
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Issues
General
Assault/abuse by staff
Incident/accident reporting & investigations
Individualized planning
Neglect by staff
Record-keeping
Restraints : physical
Staff (number, training, qualifications, wages)
Medical/Mental Health
Medical care, general
Medication, administration of
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) W.A. Howe Developmental Center
Plaintiff Description United States Department of Justice
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1994 - 1996
Case Closing Year 1996
Case Ongoing No
Docket(s)
92-694 (N.D. Ill.) 02/14/1996
ID-IL-0002-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Notice Letter re: CRIPA Continuing Investigation of Howe Developmental Center, Tinley Park 05/20/1988
ID-IL-0002-0002 PDF | Detail
Findings Letter re: the W.A. Howe Developmental Center, 42 U.S.C. Section 1997b (a) (1) 07/31/1989
ID-IL-0002-0003 PDF | Detail
Complaint 01/13/1992
ID-IL-0002-0004 PDF | Detail
Consent Decree 01/04/1994
ID-IL-0002-0005 PDF | Detail
Agreed Motion to Terminate Consent Decree and Dismiss Case 01/26/1996
ID-IL-0002-0006 PDF | Detail
Minute Order 02/16/1996 (N.D. Ill.)
ID-IL-0002-0007 PDF | Detail
Judges Plunkett, Paul Edward (N.D. Ill.)
ID-IL-0002-0005 | ID-IL-0002-0006 | ID-IL-0002-0007 | ID-IL-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Barr, William P. (District of Columbia)
ID-IL-0002-0004
Chen, Pamela K. (District of Columbia)
ID-IL-0002-0004 | ID-IL-0002-0005 | ID-IL-0002-0006 | ID-IL-0002-9000
Dunne, John R. (District of Columbia)
ID-IL-0002-0004
Foreman, Fred (Illinois)
ID-IL-0002-0004
Peabody, Arthur E. Jr. (District of Columbia)
ID-IL-0002-0004 | ID-IL-0002-0005
Preston, Judith C. (District of Columbia)
ID-IL-0002-0005 | ID-IL-0002-0006 | ID-IL-0002-9000
Reynolds, William Bradford (District of Columbia)
ID-IL-0002-0002
Schoen, Benjamin P. (District of Columbia)
ID-IL-0002-0004 | ID-IL-0002-0005 | ID-IL-0002-9000
Stern, Robert H. (District of Columbia)
ID-IL-0002-0005 | ID-IL-0002-0006
Stutman, Edward A. (Pennsylvania)
ID-IL-0002-0004 | ID-IL-0002-9000
Turner, James P. (District of Columbia)
ID-IL-0002-0003 | ID-IL-0002-0005
Defendant's Lawyers Brummet, Delilah (Illinois)
ID-IL-0002-0003
Hartigan, Neil F. (Illinois)
ID-IL-0002-0002 | ID-IL-0002-0003
Katten, Mitchell Bruce (Illinois)
ID-IL-0002-0007 | ID-IL-0002-9000
Montana, James S. Jr. (Illinois)
ID-IL-0002-0005
Sullivan, Marita Clare (Illinois)
ID-IL-0002-0006 | ID-IL-0002-9000
Valukas, Anton R. (Illinois)
ID-IL-0002-0002 | ID-IL-0002-0003
Other Lawyers None on record

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