Case: Kope v. Watkins

88-61424 | Michigan state trial court

Filed Date: April 27, 1988

Clearinghouse coding complete

Case Summary

On April 27, 1988, persons with intellectual disabilities residing at Greenbrook Manor in Monroe, Michigan, the Kalamazoo Total Living Center in Kalamazoo, Michigan, the Mt. Pleasant Total Living Center in Mt. Pleasant, Michigan, the Taylor Total Living Center in Taylor, Michigan, and the Wayne Total Living Center in Wayne, Michigan, filed a class action lawsuit under the Michigan State Constitution and under 42 U.S.C. § 1983 against the Michigan Department of Mental Health (MDMH) in the Michig…

On April 27, 1988, persons with intellectual disabilities residing at Greenbrook Manor in Monroe, Michigan, the Kalamazoo Total Living Center in Kalamazoo, Michigan, the Mt. Pleasant Total Living Center in Mt. Pleasant, Michigan, the Taylor Total Living Center in Taylor, Michigan, and the Wayne Total Living Center in Wayne, Michigan, filed a class action lawsuit under the Michigan State Constitution and under 42 U.S.C. § 1983 against the Michigan Department of Mental Health (MDMH) in the Michigan Third Judicial Court in Wayne County, Michigan. The plaintiffs, represented by the Michigan Protection and Advocacy Service, asked the court for declaratory and injunctive relief, as well as damages. They alleged that their constitutional rights had been violated by the defendants' failure to provide the following: habilitation services, psychological services and behavioral management services needed to reduce maladaptive behaviors or self-injurious behaviors, medical services, recreational and social activities, community placements, physical and mental examinations on an annual basis. The plaintiffs alleged that the failure to provide these things constituted discrimination on the basis of their handicaps.

On June 8, 1993, the Michigan Circuit Court for the County of Ingham (Judge James R. Giddings) issued a consent decree in the case. The decree provided for comprehensive assessments and plans of care for each patient, safe and sanitary living conditions, privacy consistent with the care and treatment setting, freedom from unnecessary restraints, adequate medical supervision, record-keeping, regular outdoor physical exercise and recreational activities, a structured habilitative day program, community placements for residents when possible, and $150,000 in attorneys' fees to be paid to the plaintiffs.

We have no further information on the proceedings in this case.

Summary Authors

Kristen Sagar (7/21/2006)

People


Judge(s)

Giddings, James R. (Michigan)

Attorney for Plaintiff

Coulter, Delores M. (Michigan)

Harris, Kathleen N. (Michigan)

Mattison, Deborah A. (Alabama)

Attorney for Defendant

Marsden, Erica Weiss (Michigan)

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Documents in the Clearinghouse

Document

88-61424

First Amended Complaint

April 27, 1988

April 27, 1988

Complaint

88-61424

Consent Judgment

June 8, 1993

June 8, 1993

Order/Opinion

Docket

Last updated Aug. 30, 2023, 1:41 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Michigan

Case Type(s):

Intellectual Disability (Facility)

Key Dates

Filing Date: April 27, 1988

Case Ongoing: Unknown

Plaintiffs

Plaintiff Description:

all developmentally disabled persons who are or may be residents at Greenbrook Manor, Kalamazoo Total Living Center, Mt. Pleasant Total Living Center, Taylor Total Living Center, or Wayne Total Living Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Greenbrook Manor (Monroe), State

Kalamazoo Total Living Center (Kalamazoo), State

Mt. Pleasant Total Living Center (Mt. Pleasant), State

Taylor Total Living Center (Taylor), State

Michigan Department of Mental Health (Wayne), State

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1993 - 0

Issues

General:

Aggressive behavior

Classification / placement

Record-keeping

Recreation / Exercise

Restraints : physical

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

Medical care, unspecified

Mental health care, general

Type of Facility:

Government-run