Case: Medley v. Ginsberg

2:78-cv-02099 | U.S. District Court for the Southern District of West Virginia

Filed Date: April 21, 1978

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On April 21, 1978, the Executive Director of the, Kanawha Putnam Association for Retarded Children and an individual plaintiff, represented by Mountain State Justice, Inc., filed this lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of West Virginia (Charleston) to redress alleged deprivation of the constitutional rights of all children and young adults with intellectual disabilities institutionalized by the State of West Virginia.Plaintiffs alleged depr…

On April 21, 1978, the Executive Director of the, Kanawha Putnam Association for Retarded Children and an individual plaintiff, represented by Mountain State Justice, Inc., filed this lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of West Virginia (Charleston) to redress alleged deprivation of the constitutional rights of all children and young adults with intellectual disabilities institutionalized by the State of West Virginia.

Plaintiffs alleged deprivation of their constitutional rights and statutory rights under the Developmentally Disabled Assistance and Bill of Rights Act, the Education for All Handicapped Children Act, the Rehabilitation Act of 1973, and the Community Mental Health Center Act.

Plaintiffs sought declaratory and injunctive relief to enjoin defendants keeping plaintiffs institutionalized and compel them to provide plaintiffs with appropriate education, treatment and care, and services in a foster home or other community-based facility in their home communities. Plaintiffs also sought monetary damages in the amount of $20,000 for each plaintiff.

The District Court (Judge John T. Copenhaver, Jr.) certified the class as consisting of all citizens of the State of West Virginia under the age of twenty-three (23) years who suffer from intellectual disabilities and who were or would be institutionalized by reason of the failures of the defendants to place them in foster homes or other community-based facilities.

Defendants moved for summary judgment, arguing that the Court did not have subject matter jurisdiction, that plaintiffs failed to exhaust their administrative remedies and that the Court should abstain from hearing the matter. On June 10, 1980, the District Court (Judge Copenhaver) denied defendants' motion. Medley v. Ginsberg, 492 F.Supp. 1294 (S.D.W.Va., 1980).

Following denial of defendants' motion, the parties continued pre-trial discovery. The docket reflects that at Court status conferences of September 23 and October 23, 1980, settlement was discussed and the Court directed the parties to submit proposed settlement plans/offers. Defendants filed an Offer of Judgment on November 21, 1980, which was accepted on December 16, 1980. Class notification was issued and the District Court (Judge Copenhaver) approved the settlement and entered a Consent Decree on October 8, 1981. In accordance with the Decree, the State filed "A Comprehensive Plan for Community Based Services for Developmentally Disabled Persons in West Virginia" on November 2, 1980. As a copy of the Consent Decree was not available, its exact terms were unknown at the time of this summary.

The District Court pre-PACER docket chronicles the procedural history of the implementation phase from 1981 to 1993. During that period, the plaintiffs filed numerous motions to for contempt and/or to compel compliance with the Consent Decree. The District Court, in turn, issued various orders and memorandums directing compliance and approving reform plans. Several state agencies were involved in the implementation process, including the West Virginia Department of Health and Human Resources and the West Virginia Department of Education. The "Medley Management Team" was created to coordinate the implementation efforts and it reported its progress to the Court on a periodic basis. Gail Falk was designated as the Court Monitor.

Our copy of the automated PACER docket for the case contains consistent entries for the period of 1989 until 2001. (There were, however, no hyper-links to filed documents). Those entries reflect that the implementation phase continued through 2001.

On January 12, 2001 the District Court (Judge Copenhaver) held that the State Superintendent of Schools was in substantial compliance with the Consent Decree entered October 8, 1981 and granted in part and denied in part the W.V. Department of Education's motion to dissolve the Consent Decree. The State Superintendent of Schools and the W.V. Dept. of Education were dismissed as a parties to the action.

On January 16, 2001 the District Court allowed plaintiffs to add the W.V. Division of Rehabilitation Services as a party to the case. The Court denied without prejudice the W.V. Department of Health and Human Resources' motion to dissolve the Consent Decree, indicting that the motion could be renewed. The Court set a follow-up conference for the purpose of identifying the remaining compliance issues and plans for resolving them. That conference occurred on January 25, 2001. Pursuant to the conference, W.V. Division of Rehabilitation Services filed a report with the Court on March 20, 2001 and W.V. Dept. of Health and Human Resources filed its report on March 21, 2001. No further activity was noted on the PACER docket.

Summary Authors

Dan Dalton (3/22/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/19825186/parties/medley-v-lewis/


Judge(s)

Copenhaver, John Thomas Jr. (West Virginia)

Attorney for Plaintiff
Attorney for Defendant

Braun, Michael A. (West Virginia)

Brissell, David R. (West Virginia)

Browning, Chauncey H. (West Virginia)

Cleek, David P (West Virginia)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

2:78-cv-02099

Docket Sheet

Aug. 8, 1995

Aug. 8, 1995

Docket

2:78-cv-02099

Docket (PACER)

March 21, 2005

March 21, 2005

Docket
192

2:78-cv-02099

Memorandum Order

June 10, 1980

June 10, 1980

Order/Opinion

492 F.Supp. 492

2:78-cv-02099

Correspondence

Jan. 27, 1997

Jan. 27, 1997

Correspondence

Docket

See docket on RECAP: https://www.courtlistener.com/docket/19825186/medley-v-lewis/

Last updated Jan. 23, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link

This case was closed before being entered completely into the automated system. For previous entries, check the manual docket sheet (skh) (Entered: 11/10/1992)

Oct. 18, 1981

Oct. 18, 1981

Case closed (skh) (Entered: 11/10/1992)

Oct. 19, 1981

Oct. 19, 1981

359

MOTION by Deft. Truby to Quash Subpoena, with affidavit and certificate of service attached (skh) (Entered: 11/10/1992)

Aug. 8, 1984

Aug. 8, 1984

478

MOTION by Deft. W.Va. Dept. of Health to Quash Subpoena directed to Asst. Atty General Barbara L. Freedy, with notice and certificate of service attached (skh) (Entered: 11/10/1992)

Aug. 12, 1987

Aug. 12, 1987

508

MOTION by Deft. Lipscomb for Protective Order, with certificate of service attached (skh) (Entered: 11/10/1992)

Dec. 8, 1987

Dec. 8, 1987

509

MEMORANDUM by Deft. Lipscomb in support of [508-1] motion for Protective Order (skh) (Entered: 11/12/1992)

Dec. 8, 1987

Dec. 8, 1987

535

MOTION by Macel Medley, Nancy Barchart for an Order of Compliance with the Consent Decree, with notice and certificate of service attached (skh) (Entered: 11/10/1992)

Jan. 3, 1989

Jan. 3, 1989

536

RESPONSE by All Defendants to [535-1] motion for an Order of Compliance with the Consent Decree by Nancy Barchart, Macel Medley (skh) (Entered: 11/12/1992)

Jan. 13, 1989

Jan. 13, 1989

539

RESPONSE by Deft. (WV Dept. of Human Services) to [535-1] motion for an Order of Compliance with the Consent Decree Regarding Medicare Catastrophic Coverage Act of 1988, by Nancy Barchart, Macel Medley (skh) Modified on 11/12/1992 (Entered: 11/12/1992)

Jan. 19, 1989

Jan. 19, 1989

542

MOTION by Defendants (State Defts) for Production of Documents, with notice and certificate of service attached (skh) (Entered: 11/12/1992)

Jan. 19, 1989

Jan. 19, 1989

545

AMENDED MOTION by Macel Medley, Nancy Barchart for an Order of Compliance with the Consent Decree, with notice and certificate of service attached (skh) Modified on 11/10/1992 (Entered: 11/10/1992)

Feb. 2, 1989

Feb. 2, 1989

546

MOTION by Macel Medley, Nancy Barchart for an Order of Contempt or for an Order of Compliance with the Consent Decree, with certificate of service attached (skh) (Entered: 11/12/1992)

Feb. 3, 1989

Feb. 3, 1989

547

RESPONSE by Deft (WVDH) to [545-1] amended motion for an Order of Compliance with the Consent Decree by Nancy Barchart, Macel Medley (integrated with following entry) (skh) Modified on 11/12/1992 (Entered: 11/12/1992)

Feb. 9, 1989

Feb. 9, 1989

547

MOTION by Deft (WVDH) for Continuance, with notice and certificate of service attached (integrated with previous entry) (skh) Modified on 11/12/1992 (Entered: 11/12/1992)

Feb. 9, 1989

Feb. 9, 1989

548

RESPONSE by Leon Ginsberg (Commissioner, WV Dept. of Human Services) to [535-1] motion for an Order of Compliance with the Consent Decree alleging late payments to providers by Nancy Barchart, Macel Medley (skh) (Entered: 11/12/1992)

Feb. 16, 1989

Feb. 16, 1989

549

RESPONSE by Deft (WV Dept. of Health) to [546-1] motion for an Order of Contempt or for an Order of Compliance with the Consent Decree by Nancy Barchart, Macel Medley (skh) Modified on 11/12/1992 (Entered: 11/12/1992)

Feb. 21, 1989

Feb. 21, 1989

558

NOTICE and MOTION by Macel Medley, Nancy Barchart for an Order of Compliance with Consent Decree (skh) (Entered: 11/10/1992)

April 13, 1989

April 13, 1989

559

NOTICE and AMENDED MOTION by Macel Medley, Nancy Barchart for an Order of Implementation of the Consent Decree or in the Alternative for Appointment of a Monitor--hearing noticed for 2:00 4/21/89 (skh) Modified on 11/12/1992 (Entered: 11/12/1992)

April 14, 1989

April 14, 1989

560

ANSWER by Deft (WV Dept. of Health) to Pltfs' [559-1] amended motion for an order of implementation of the consent decree or in the alternative for the appointment of a monitor, with certificate of service attached (skh) (Entered: 11/12/1992)

April 20, 1989

April 20, 1989

561

RESPONSE ny Deft (WV Dept. of Health) to [559-1] motion for an Order of Implementation of the Consent Decree or in the Alternative for Appointment of a Monitor by Nancy Barchart, Macel Medley (skh) (Entered: 11/12/1992)

April 21, 1989

April 21, 1989

562

RESPONSE by Deft (Pisapia) to [559-1] amended motion for an Order of Implementation of the Consent Decree or in the Alternative for Appointment of a Monitor 4/21/89 by Nancy Barchart, Macel Medley (skh) (Entered: 11/12/1992)

April 21, 1989

April 21, 1989

568

MOTION by Macel Medley, Nancy Barchart for an order of compliance and implementation with notice and certificate of service attached (skh) (Entered: 11/10/1992)

May 29, 1990

May 29, 1990

569

RESPONSE by Deft(WV Dept. of Health & Human Services) to [568-1] motion for an order of compliance and implementation by Nancy Barchart, Macel Medley (skh) (Entered: 11/12/1992)

June 28, 1990

June 28, 1990

571

MOTION by Macel Medley, Nancy Barchart for Award of Partial Interim Attorney Fees (skh) Modified on 11/10/1992 (Entered: 11/10/1992)

Jan. 4, 1991

Jan. 4, 1991

Motion(s) referred: [571-1] motion for Award of Partial Interim Attorney Fees referred to Magistrate Judge Jerry D. Hogg (skh) (Entered: 11/10/1992)

Jan. 4, 1991

Jan. 4, 1991

572

AFFIDAVIT by Macel Medley, Nancy Barchart Re: [571-1] motion for Award of Partial Interim Attorney Fees (skh) (Entered: 11/12/1992)

Jan. 4, 1991

Jan. 4, 1991

573

AFFIDAVIT by Macel Medley, Nancy Barchart Re: [571-1] motion for Award of Partial Interim Attorney Fees (skh) (Entered: 11/12/1992)

Jan. 7, 1991

Jan. 7, 1991

574

RESPONSE by All Defendants to [571-1] motion for Award of Partial Interim Attorney Fees (skh) (Entered: 11/12/1992)

Jan. 24, 1991

Jan. 24, 1991

575

ANSWER by Deft Marockie to [571-1] motion for award of partial interim attorney fees (skh) Modified on 11/12/1992 (Entered: 11/12/1992)

Feb. 6, 1991

Feb. 6, 1991

578

SUPPLEMENTARY MOTION by Macel Medley, Nancy Barchart for Award of Partial Interim Attorney Fees , with notice attached (skh) (Entered: 11/10/1992)

Jan. 15, 1992

Jan. 15, 1992

Motion(s) referred: [578-1] motion for Award of Partial Interim Attorney Fees referred to Magistrate Judge Jerry D. Hogg (skh) (Entered: 11/10/1992)

Jan. 15, 1992

Jan. 15, 1992

579

AFFIDAVIT by Daniel F. Hedges in Support of Re: [571-1] motion for Award of Partial Interim Attorney Fees by Nancy Barchart, Macel Medley (skh) (Entered: 11/12/1992)

Jan. 15, 1992

Jan. 15, 1992

580

RESPONSE by All Defendants to [578-1] supplementary motion for Award of Partial Interim Attorney Fees by Nancy Barchart, Macel Medley (skh) Modified on 11/12/1992 (Entered: 11/12/1992)

Jan. 22, 1992

Jan. 22, 1992

581

AGREED ORDER mooting [578-1] motion for Award of Partial Interim Attorney Fees, mooting [571-1] motion for Award of Partial Interim Attorney Fees; The Dept. of Health and Human Resources shall pay to the Pltfs the sum of $13,775.00 and the Dept. of Education shall pay the Pltfs the sum of $6,475.00. Said sums shall be paid on or before 03-15- 93; these payments shall constitute complete & full payment of attorney fees for the calendar years of 1989, 1990, 1991 & 1992. ( signed by Judge John T. Copenhaver Jr. ) (cc: attys)(rac) Modified on 01/11/1993

Jan. 11, 1993

Jan. 11, 1993

582

NOTICE AND MOTION by Macel Medley & Nancy Barchart for an Order of Compliance (rac) (Entered: 12/07/1993)

Dec. 2, 1993

Dec. 2, 1993

583

RESPONSE by WV Dept of Education to [568-1] motion for an order of compliance. (rac) (Entered: 12/21/1993)

Dec. 20, 1993

Dec. 20, 1993

584

NOTICE of Substitution of Counsel for WV Dept of Education by Paul E. Jordan. (rac) (Entered: 12/21/1993)

Dec. 20, 1993

Dec. 20, 1993

585

RESPONSE by Ruth Ann Panepinto to [568-1] motion for an order of compliance (rac) Modified on 12/29/1993 (Entered: 12/21/1993)

Dec. 20, 1993

Dec. 20, 1993

586

NOTICE & SUPPLEMENTARY MOTION by Macel Medley & Nancy Barchart for Partial Interim Award of Attorney Fees referring to: [578-1] motion for Award of Partial Interim Attorney Fees. (rac) (Entered: 01/10/1994)

Jan. 7, 1994

Jan. 7, 1994

587

AFFIDAVIT by Daniel Hedges o/b/o Macel Medley & Nancy Barchart in support of [586-1] supplementary motion for Partial Interim Award of Attorney Fees. (rac) Modified on 01/12/1994 (Entered: 01/10/1994)

Jan. 7, 1994

Jan. 7, 1994

588

AGREED ORDER: mooting [586-1] supplemental amended motion for Partial Interim Award of Attorney Fees; the Dept of Health & Human Resources shall pay to Appalachian Research & Defense Fund, the sum of $1,872.00 & that the Dept of Ed. shall pay to Appalachian Research & Defense Fund the sum of $624.00 etc. ( signed by Judge John T. Copenhaver Jr. ) (cc: attys) (rac)

March 17, 1994

March 17, 1994

589

RETURN: Agreed Order entered 03/17/94 and forwarded to Gail Falk at 5l9 Court Street, Charleston, WV 2530l returned by the U. S. Postal Service marked "Returned to Sender, No Such Number." (ras) (Entered: 04/05/1994)

April 4, 1994

April 4, 1994

FORWARDED Agreed Order entered 03/17/94 to Gail Falk at Route 1, Box 1244, Montpelier, VT 05602 per conversation with receptionist at Appalachian Research & Defense Fund, Inc. (ras)

April 5, 1994

April 5, 1994

590

ORDER: The parties have reached an agreement on [582-1] motion for an Order of Compliance; the specific terms of the agreement are fully described within the order. ( signed by Judge John T. Copenhaver Jr. ) (cc: attys) (rac)

April 21, 1994

April 21, 1994

591

NOTICE & MOTION by WV Dept of Health & Human Resources to Modify Reimbursement Methodology (rac) (Entered: 10/21/1994)

Sept. 23, 1994

Sept. 23, 1994

592

AGREED ORDER that the defts shall pay to the pltfs. the sum of $1,637.50 for 13.1 hours at $125.00, which shall constitute complete and full payment of attorney fees for the calendar year 1994. ( signed by Judge John T. Copenhaver Jr. ) (cc: attys) (tih)

Dec. 30, 1994

Dec. 30, 1994

593

NOTICE & MOTION by Pltfs for Enforcement of Decree (rac)

Jan. 3, 1995

Jan. 3, 1995

594

MEMORANDUM by Macel Medley, Nancy Barchart in support of [593- 1] motion for Enforcement of Decree by Nancy Barchart, Macel Medley (rac)

Jan. 4, 1995

Jan. 4, 1995

595

RESPONSE by All Defendants to pltfs Medley and Barchart's [593-1] motion for Enforcement of Decree. (skh)

Jan. 20, 1995

Jan. 20, 1995

596

ORDER granting [591-1] motion to Modify Reimbursement Methodology; the management incentive is deleted and removed from the reimbursement methodology; the cost upper limits will be based on an assumed occupancy of ninety-five percent and a calendar year of 354 days; the weighing of the reported allowable costs is hereby reduced to ninety-five percent occupancy on a calendar year of 354 days; the matters set forth in paragraphs, 1, 2 & 3 of this Order may be incorporated by the Dept. of Health and Human Resources into the State's Medical Plan w/out additional publication of Notice. ( signed by Judge John T. Copenhaver Jr. ) (cc: attys) (tih) Modified on 08/10/1995

Aug. 8, 1995

Aug. 8, 1995

597

STIPULATION by Plaintiff Macel Medley, Plaintiff Nancy Barchart and interested party WV Dept of Health and Human Resources in regard to the Plaintiffs' Motion for Enforcement of Decree. (emb) Modified on 12/15/1995

Dec. 8, 1995

Dec. 8, 1995

598

NOTICE & SUPPLEMENTARY MOTION by Macel Medley and Nancy Barchart for Award of Partial Interim Attorney Fees (emb)

Jan. 2, 1996

Jan. 2, 1996

599

AGREED ORDER: It is ordered that the Defendants shall pay to Daniel F. Hedges the sum of $3,487.50 for 27.9 hours at $125/hour, which shall constitute complete and full payment of attorney fees for the calendar year 1995. (signed by Judge John T. Copenhaver Jr.) (cc: attys) (emb) Modified on 03/02/1996 (Entered: 02/29/1996)

Feb. 28, 1996

Feb. 28, 1996

600

AGREED ORDER: that the Department shall begin to provide those services identified in Exhibit "B" to the extent that they can be funded out of the Department's budget for State fiscal year 1995-96 and that all services identified in Exhibit "B" be provided in State fiscal year 1996- 97; and inasmuch as the categorization of these amounts are estimates, said total amount shall be set aside and the Medley Management Team shall allocate said amounts for the unmet needs of class members as the need indicates; and further, the planning therefor, as well as planning for the provision for futher unmet needs, shall begin immediately. Over objection of Defendants, the Plaintiffs reserve for determination by the appropriate court the issue of the constitutionality of W. Va. Code 5-3a. (signed by Judge John T. Copenhaver Jr. ) (cc: attys) (emb) (Entered: 03/04/1996)

March 1, 1996

March 1, 1996

601

ORDER: that either of the parties may seek reconsideration of the Agreed Order on or before 05/15/96, in order to allow the Defendant, Department of Health and Human Resources, to otherwise comply with and obtain the benefit of the procedure set forth in W. Va. Code 5-3-2a. (signed by Judge John T. Copenhaver Jr.) (cc: attys) (emb) (Entered: 03/04/1996)

March 1, 1996

March 1, 1996

602

NOTICE by Macel Medley, Nancy Barchart TO TAKE DEPOSITION of John and Joyce Bostic on 7/18/97 at 1:30; Eric M. Francis on 7/18/97 at 2:00; and John L. Persinger on 7/18/97 at 3:30. (skh)

July 1, 1997

July 1, 1997

603

AMENDED NOTICE by Macel Medley, Nancy Barchart TO TAKE DEPOSITION of John and Joyce Bostic on 7/11/97 at 3:30; Eric M. Francis on 7/18/97 at 2:00; and John L. Persinger on 7/18/97 at 3:30. (skh)

July 3, 1997

July 3, 1997

604

MOTION by Eric M. Francis to Quash subpoena . (Referred to Magistrate Judge Jerry D. Hogg) (skh)

July 11, 1997

July 11, 1997

605

NOTICE by All Defendants of substitution of counsel of Charlene A. Vaughan. (skh)

July 16, 1997

July 16, 1997

606

RESPONSE by Macel Medley, Nancy Barchart to Eric M. Francis' [604- 1] motion to Quash subpoena. (skh) (Entered: 07/17/1997)

July 16, 1997

July 16, 1997

COURT PROCEEDING: hearing on Eric Francis' motion to quash; MAGISTRATE JUDGE Hogg; COURT REPORTER electronic recording #529 (2607-3876). (skh)

July 18, 1997

July 18, 1997

607

ORDER denying Eric M. Francis' [604-1] motion to Quash subpoena and directing him to appear at the deposition and fully answer all questions propounded; the Court supports pltfs' counsel's interest in sharing information obtained with the counsel and parties in the Greenbrier County proceeding in order to further the pursuit of Michael Persinger's entitlements under this Court's orders. (signed by Magistrate Judge Jerry D. Hogg) (cc: attys) (skh)

July 18, 1997

July 18, 1997

608

MOTION by WV Dept of Health to dissolve consent decree . (pdb)

Sept. 16, 1998

Sept. 16, 1998

609

MEMORANDUM OF LAW by WV Dept of Health in support of [608- 1] motion to vacate consent decree. (pdb)

Sept. 16, 1998

Sept. 16, 1998

610

RESPONSE by Macel Medley, Nancy Barchart to [608-1] motion to vacate decree by WV Dept of Health. (pdb)

Oct. 9, 1998

Oct. 9, 1998

611

ORDER by agreement of the parties, directing that the community behavioral health centers shall make available, upon written request, behavioral health and other health and service records and information concerning Medley class members to Medley counsel and Medley Advocates, without charge to the requesting entity; to the extent such information is confidential, it shall be so maintained. (signed by Judge John T. Copenhaver, Jr.) (cc: attys) (pdb) Modified on 02/17/2000

Feb. 15, 2000

Feb. 15, 2000

612

RETURN: Copy of [611-1] order mailed to Eric M. Francis, P. O. Box 1458, Lewisburg, WV 24901-1458 returned by U.S. Postal Service marked "Forward Time Exp; Rtn to Send; Eric M. Francis, 208 W. Randolph St., Lewisburg, WV 24901-1024." Copy of order remailed to new address. (pdb) Modified on 02/29/2000

Feb. 23, 2000

Feb. 23, 2000

613

ORDER scheduling Hearing for 2:00 3/17/2000 for defts' [608-1] motion to dissolve consent decree . (signed by Judge John T. Copenhaver, Jr.) (cc: attys) (pdb)

March 2, 2000

March 2, 2000

614

RETURN: Copy of [613-1] order entered 3/2/2000 mailed to Geraldine M. Guerin, Bastien & Gerwig, P.O. Box 2151, Charleston, WV 25328- 2151 returned by U.S. Postal Service with handwritten note "Return to sender; no longer w/this firm -- or at this address," and marked "Returned to Sender; Not Deliverable As Addressed, Unable To Forward." (pdb) Modified on 03/16/2000

March 15, 2000

March 15, 2000

615

NOTICE of Attorney Appearance for WV Dept of Education by Katherine A. Schultz, Kelli D. Talbott. (pdb)

March 16, 2000

March 16, 2000

616

AMENDED NOTICE OF APPEARANCE for WV Dept of Education by Katherine A. Schultz and Kelli D. Talbott. (skh)

March 21, 2000

March 21, 2000

617

ORDER granting the oral motion of defts made during a 3/16/2000 conference call to continue hearing and continuing the hearing on defts' [608-1] motion to dissolve consent decree to 1:15 on 4/28/2000 . (signed by Judge John T. Copenhaver, Jr.) (cc: attys) (skh)

March 21, 2000

March 21, 2000

618

AFFIDAVITS by WV Dept of Health in support of [608-1] and [619-1] motions to vacate/dissolve consent decree, with affidavits of compliance of Frank W. Kirkland, Director of the Division of Developmental Disabilities, Desmond Byrne, Assistant to the Deputy Secretary of the WV DHHR, Phillip A. Lynch, Chief Financial Officer, WV DHHR, Ann M. Burds, Director of the WV DHHR, and Patricia Moss, Director of the Office of Maternal and Child Health, attached. (pdb) Modified on 04/18/2000

April 17, 2000

April 17, 2000

619

MOTION by WV Dept of Education to dissolve consent decree , with affidavit of compliance of the West Virginia Department of Education, Office of Special Education, and exhibits 1 through 7, attached. (skh)

April 17, 2000

April 17, 2000

620

NOTICE of Attorney Appearance for John Barnette, Executive Director, Shawnee Hills Community Mental Health/Mental Retardation Center, Inc. by James W. Thomas, Thomas J. Hurney. (skh)

April 28, 2000

April 28, 2000

COURT PROCEEDING: hearing on deft's motion to vacate consent decree; JUDGE Copenhaver; COURT REPORTER Barbara Steinke. (skh)

April 28, 2000

April 28, 2000

621

MOTION by Macel Medley, Nancy Barchart to add the director of the Division of Rehabilitation Services, in her official capacity, as a party deft . (pdb)

May 8, 2000

May 8, 2000

622

SUPPLEMENTATION by Macel Medley, Nancy Barchart to pltfs' original [610-1] response to WV Dept of Health's [608-1] motion to dissolve consent decree. (skh)

May 16, 2000

May 16, 2000

623

REPLY by WV Dept of Education in support of its [619-1] motion to dissolve consent decree. (skh) (Entered: 05/26/2000)

May 25, 2000

May 25, 2000

624

NOTICE of Special Appearance by WV Div. of Rehab. (pdb)

June 15, 2000

June 15, 2000

625

RESPONSE by WV Div. of Rehab to pltfs' [621-1] motion to add party and to [622-1] supplementation to pltfs' original response to motion to vacate decree. (pdb)

June 15, 2000

June 15, 2000

626

CERTIFICATE OF SERVICE by WV Div. of Rehab for document nos. 624 and 625 to all parties. (pdb)

June 15, 2000

June 15, 2000

627

ORDER scheduling a Hearing at 1:15 p.m. on 1/9/2001 for WV Dept. of Health's [608-1] motion to dissolve consent decree, WV Dept. of Education's [619-1] motion to dissolve consent decree and pltfs' [621-1] motion to add the director of the Division of Rehabilitation Services, in her official capacity, as a party deft , at which lead counsel for all parties shall appear. (signed by Judge John T. Copenhaver, Jr.) (cc: attys) (mkw) (Entered: 12/20/2000)

Dec. 19, 2000

Dec. 19, 2000

COURT PROCEEDING: hearing on pltfs' motion to add a party deft and defts WVDHHR and WV Dept. of Education's motions to dissolve consent decree; JUDGE Copenhaver; COURT REPORTER Barbara Steinke. (skh) (Entered: 01/10/2001)

Jan. 9, 2001

Jan. 9, 2001

COURT PROCEEDING: hearing on motion; JUDGE Copenhaver; COURT REPORTER Barbara Steinke. (skh) (Entered: 01/11/2001)

Jan. 10, 2001

Jan. 10, 2001

628

ORDER at the 1/10/01 hearing, counsel agreed that the movant State Superintendent of Schools is in substantial compliance with the consent decree entered 10/8/81; granting in part, denying in part the WV Dept. of Education's [619-1] motion to dissolve consent decree; granting to the extent that the State Superintendent of Schools and the WV Dept. of Education are dismissed as a party to this action, denying otherwise. (signed by Judge John T. Copenhaver, Jr.) (cc: attys) (skh) Modified on 01/16/2001

Jan. 12, 2001

Jan. 12, 2001

629

ORDER granting pltfs' [621-1] motion to add party; directing the West Virginia Division of Rehabilitation Services be made a party deft in this action; denying without prejudice the West Virginia Department of Health and Human Resources' [608-1] motion to dissolve consent decree; once the court's efforts to conciliate the remaining issues have concluded, the WV Dept. of Health and Human Resources may renew the motion to dissolve consent decree on the basis of the motion, memorandum and affidavits heretofore filed or file a new motion for that purpose at any time; directing counsel for the pltfs and deft WV Dept. of Health and Human Resources attend a conference with the court at 9:30 on 1/19/01, for the purpose of identifying significant issues respecting substantial compliance and measures for resolving them . (signed by Judge John T. Copenhaver, Jr.) (cc: attys) (ENTERED NUNC PRO TUNC 1/13/01) (skh) (Entered: 01/17/2001)

Jan. 16, 2001

Jan. 16, 2001

630

PARTIAL TRANSCRIPT of hearing held 1/9/01 on motions to add party and dissolve consent decree; Judge Copenhaver; Court Reporter Barbara Steinke. (skh)

Jan. 18, 2001

Jan. 18, 2001

631

ORDER rescheduling the conference previously scheduled for 1/19/01 at 9:30 to 1:30 on 1/25/01 , at which counsel for the pltfs and the deft WV Dept. of Health and Human Resources shall be present. (signed by Judge John T. Copenhaver, Jr.) (cc: attys) (skh)

Jan. 19, 2001

Jan. 19, 2001

632

NOTICE of Attorney Appearance for Leon Ginsberg, John E. Burdette II, Mark Hudnall, George Pickett by Stephen J. Small. (skh)

Feb. 15, 2001

Feb. 15, 2001

633

REPORT TO THE COURT by WV Div. of Rehabilitation Services pursuant to the status conference held 1/25/01. (skh)

March 20, 2001

March 20, 2001

634

PROGRESS REPORT by Department of Health and Human Resources, Leon Ginsberg, John E. Burdette II, Mark Hudnall, George Pickett pursuant to the status conference held 1/25/01. (skh)

March 21, 2001

March 21, 2001

1

Paper Docket Sheet - CLOSES CASE AUTOMATICALLY

Sept. 11, 2015

Sept. 11, 2015

PACER
1

Paper Docket Sheet - CLOSES CASE AUTOMATICALLY

Sept. 11, 2015

Sept. 11, 2015

PACER
1

Paper Docket Sheet - CLOSES CASE AUTOMATICALLY

Sept. 11, 2015

Sept. 11, 2015

PACER
1

Paper Docket Sheet - CLOSES CASE AUTOMATICALLY

Sept. 11, 2015

Sept. 11, 2015

PACER
1

Paper Docket Sheet - CLOSES CASE AUTOMATICALLY

Sept. 11, 2015

Sept. 11, 2015

PACER

Case Details

State / Territory: West Virginia

Case Type(s):

Intellectual Disability (Facility)

Key Dates

Filing Date: April 21, 1978

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All citizens of the State of West Virginia under the age of 23 years who suffer from mental retardation and who were or would be institutionalized by reason of the failures of the defendants to place them in foster care or community-based facilities.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Shawnee Hills Community Mental Health/Mental Retardation Center (Kanawha), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Any published opinion

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: 1981 - 2001

Issues

General:

Deinstitutionalization/decarceration

Funding

Juveniles

Jails, Prisons, Detention Centers, and Other Institutions:

Habilitation (training/treatment)

Disability and Disability Rights:

Integrated setting

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Type of Facility:

Government-run