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Case Name Davis v. Buckley ID-VA-0001
Docket / Court 80-0569 ( E.D. Va. )
State/Territory Virginia
Case Type(s) Intellectual Disability (Facility)
Case Summary
In 1980, two plaintiffs filed a class action lawsuit in the U.S. District Court for the Eastern District of Virginia on behalf of 98 mentally retarded residents of Southside Virginia Training Center ("Southside") who desired community placement. Plaintiffs sought declaratory and ... read more >
In 1980, two plaintiffs filed a class action lawsuit in the U.S. District Court for the Eastern District of Virginia on behalf of 98 mentally retarded residents of Southside Virginia Training Center ("Southside") who desired community placement. Plaintiffs sought declaratory and injunctive relief requiring the defendants, who included officials with the City of Richmond and state mental health and public welfare agencies, to provide them with community residential placements and social, educational and rehabilitative programs.

Plaintiffs filed their second amended complaint on August 17, 1981, which asserted claims under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.; the Rehabilitation Act of 1973, § 504, as amended, 29 U.S.C.§ 794; 42 U.S.C. § 1983 for due process and equal protection violations; and Virginia state law. Plaintiffs claimed that Southside did not adequately prepare its residents with the necessary social and life skills for them to transition into the community and that defendants failed to provide appropriate residential placement programs for them.

Defendants moved to dismiss the second amended complaint for failure to state a claim and failure to exhaust administrative remedies. The District Court (Judge Merhige) denied the motions to dismiss. Davis v. Buckley, 526 F.Supp. 985 (D.C.Va. 1981).

We have no further information on this case.

Dan Dalton - 03/16/2007


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Issues and Causes of Action
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Issues
Disability
Integrated setting
General
Classification / placement
Deinstitutionalization/decarceration
Education
Reassessment and care planning
Type of Facility
Government-run
Causes of Action Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
State law
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
42 U.S.C. § 1983
Defendant(s) Southside Virginia Training Center ("Southside")
Plaintiff Description All mentally retarded residents of Southside Virginia Training Center ("Southside") who desired community placement.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Unknown
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Unknown
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Unknown
Docket(s)
No docket sheet currently in the collection
General Documents
Memorandum 11/17/1981 (526 F.Supp. 985) (E.D. Va.)
ID-VA-0001-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Merhige, Robert Reynold Jr. (E.D. Va.)
ID-VA-0001-0001
Monitors/Masters None on record
Plaintiff's Lawyers Hanagan, James (Virginia)
ID-VA-0001-0001
Murphy, Eugene (Virginia)
ID-VA-0001-0001
Stone, Donald H. (Virginia)
ID-VA-0001-0001
Defendant's Lawyers Haymes, John R. Jr. (Virginia)
ID-VA-0001-0001
Ryan, James E. Jr. (Virginia)
ID-VA-0001-0001
Spencer, Mary Yancey (Virginia)
ID-VA-0001-0001
Other Lawyers Klein, Joel I. (District of Columbia)
ID-VA-0001-0001
Powell, Lewis Franklin III (Virginia)
ID-VA-0001-0001

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