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Case Name Michigan ARC v. Smith ID-MI-0002
Docket / Court 78-70384 ( E.D. Mich. )
State/Territory Michigan
Case Type(s) Intellectual Disability (Facility)
Case Summary
On February 21, 1978, the Michigan Association for Retarded Citizens (MARC) and the Plymouth Association for Retarded Citizens (PARC) filed a class action lawsuit under 42 U.S.C. § 1983 against the Michigan Department of Mental Health in the U.S. District Court for the Eastern District of ... read more >
On February 21, 1978, the Michigan Association for Retarded Citizens (MARC) and the Plymouth Association for Retarded Citizens (PARC) filed a class action lawsuit under 42 U.S.C. § 1983 against the Michigan Department of Mental Health in the U.S. District Court for the Eastern District of Michigan. The plaintiffs, represented by Michigan Protection and Advocacy Services for Developmentally Disabled Citizens, asked the district court for declaratory and injunctive relief, alleging that the defendants had violated the constitutional rights of the mentally retarded persons who were residents of the Plymouth Center for Human Development. Specifically, they complained of abuse of the residents and mismanagement of the institution.

On March 3, 1978, the U.S. District Court for the Eastern District of Michigan (Judge Charles Wycliffe Joiner) issued a preliminary injunction, the substance of which had been agreed to by the parties. This injunction halted new admissions to the center, compelled compliance with federal standards for staff-to-patient ratios, assured relatives of greater access to residents, ordered the separation of aggressive and defenseless residents, ordered the center to set up a system of staff accountability in which each resident would be the direct responsibility of a particular staff member, and guaranteed annual physical and mental examinations for all residents.

On August 30, 1979, the district court (Judge Joiner) issued a consent decree in the case. The decree addressed the same areas included in the preliminary injunction, and it also provided for the creation of community programs, patient habilitation and life skills development programs, and personnel and training standards. Michigan Ass'n for Retarded Citizens v. Smith, 475 F.Supp. 990 (E.D.Mich. 1979).

After the consent decree had been entered by the district court, the American Federation of State, County, and Municipal Employees (a labor union) asked to be allowed to intervene in the case. The district court (Judge Joiner) denied the request, and the union appealed. On August 21, 1981, the U.S. Court of Appeals for the Sixth Circuit (Judge Harry Phillips) affirmed the district court's decision. Michigan Ass'n for Retarded Citizens v. Smith, 657 F.2d 102 (6th Cir. 1981).

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

Kristen Sagar - 07/21/2006


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Issues and Causes of Action
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Issues
General
Aggressive behavior
Assault/abuse by staff
Sanitation / living conditions
Staff (number, training, qualifications, wages)
Totality of conditions
Medical/Mental Health
Intellectual disability/mental illness dual diagnosis
Mental Disability
Intellectual/developmental disability, unspecified
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Plymouth Center for Human Development
Plaintiff Description residents of the Plymouth Center for Human Development
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 1979 - n/a
Case Closing Year n/a
Case Ongoing Unknown
Docket(s)
No docket sheet currently in the collection
General Documents
Memorandum Opinion, Order and Decree 08/30/1979 (475 F.Supp. 990) (E.D. Mich.)
ID-MI-0002-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 08/21/1981 (657 F.2d 102)
ID-MI-0002-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Joiner, Charles Wycliffe (E.D. Mich.)
ID-MI-0002-0001
Phillips, Harry (Sixth Circuit)
ID-MI-0002-0002
Monitors/Masters None on record
Plaintiff's Lawyers Campbell, William J. (Michigan)
ID-MI-0002-0001 | ID-MI-0002-0002
Kelley, Frank J. (Michigan)
ID-MI-0002-0002
Kiley, Michael J. (Michigan)
ID-MI-0002-0001 | ID-MI-0002-0002
O'Malley, Brian J. (Michigan)
ID-MI-0002-0001 | ID-MI-0002-0002
Stempfle, John E. (Michigan)
ID-MI-0002-0002
Verseput, David (Michigan)
ID-MI-0002-0001 | ID-MI-0002-0002
Defendant's Lawyers Casey, Thomas L. (Michigan)
ID-MI-0002-0002
Derengoski, Robert A. (Michigan)
ID-MI-0002-0002
Wheeker, Thomas R. (Michigan)
ID-MI-0002-0001 | ID-MI-0002-0002
Other Lawyers None on record

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