University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States v. Delaware PB-DE-0003
Docket / Court 11-cv-591 ( D. Del. )
State/Territory Delaware
Case Type(s) Disability Rights-Pub. Accom.
Mental Health (Facility)
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
In 2008, the U.S. Department of Justice (Civil Rights Division, Special Litigation Section) launched an investigation into the treatment of individuals with mental illness in the Delaware Psychiatric Center (DPC), a state hospital. The investigation was later expanded to assess the state's ... read more >
In 2008, the U.S. Department of Justice (Civil Rights Division, Special Litigation Section) launched an investigation into the treatment of individuals with mental illness in the Delaware Psychiatric Center (DPC), a state hospital. The investigation was later expanded to assess the state's liability under the Americans with Disabilities Act (ADA) and its integration mandate under the Supreme Court precedent Olmstead v. L.C., 527 U.S. 581 (1999).

On November 9, 2010, the DOJ issued a findings letter documenting violations of both the ADA and the U.S. Constitution. DOJ found that, in violation of the ADA, individuals were unnecessarily institutionalized when community placement would be appropriate, and that individuals with mental illness living in the community were placed at risk of unnecessary institutionalization. DOJ also found "inadequate risk assessments; inadequate mental health treatment, especially the failure to provide appropriate behavioral interventions for individuals with identified risks; inadequate restraint and seclusion practices; inadequate investigations of serious incidents; and inadequate discharge planning/community integration to ensure individuals live in the most integrated setting."

Following negotiations, the United States filed a complaint and settlement agreement concurrently in July 2011. The U.S. District Court for the District of Delaware (Judge Leonard Stark) approved this consent decree on July 15. As part of the agreement, the state of Delaware has agreed to augment its services to keep individuals with mental illness out of institutions, create additional supports, and reform the conditions at DPC to remedy constitutional violations. Delaware will create a crisis system to divert individuals from being hospitalized unnecessarily and will develop case management and additional community supports. The state will also support integrated housing options. The agreement is designed to reduce the institutionalized population by half and to replace institution-based services with Medicaid-reimbursable community-based services.

Beth Kurtz - 10/26/2012


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Content of Injunction
Discrimination Prohibition
Monitor/Master
Monitoring
Reasonable Accommodation
Reporting
Defendant-type
Hospital/Health Department
Disability
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Assault/abuse by residents/inmates/students
Assault/abuse by staff
Deinstitutionalization/decarceration
Discharge & termination plans
Habilitation (training/treatment)
Incident/accident reporting & investigations
Individualized planning
Neglect by staff
Placement in mental health facilities
Restraints : chemical
Restraints : physical
Medical/Mental Health
Mental health care, general
Mental health care, unspecified
Mental Disability
Mental Illness, Unspecified
Plaintiff Type
U.S. Dept of Justice plaintiff
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) Delaware
Plaintiff Description The U.S. Department of Justice launched this investigation and settlement negotiations on behalf of individuals with mental illness in Delaware.
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
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 2011 - n/a
Case Closing Year 2011
Case Ongoing Yes
Additional Resources
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Links William G. v. Pataki
http://www.bazelon.org/william-g-v-pataki/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Disability Rights New Jersey v. Velez
http://www.bazelon.org/drnj-v-velez/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Williams v. Quinn
http://www.bazelon.org/williams-v-quinn/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  United States of America v. Commonwealth of Virginia
http://www.bazelon.org/u-s-v-virginia/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  United States of America v. North Carolina
http://www.bazelon.org/u-s-v-north-carolina/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  U.S. v. Georgia
http://www.bazelon.org/u-s-v-georgia/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  O'Toole v. Cuomo [Formerly DAI v. Cuomo]
http://www.bazelon.org/otoole-v-cuomo/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Amanda D. v. Hassan
http://www.bazelon.org/amanda-d-v-hassan/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

Docket(s)
1:11-cv-00591-LPS (D. Del.)
PB-DE-0003-9000.pdf | Detail
Date: 10/25/2012
Source: PACER [Public Access to Court Electronic Records]
General Documents
Department of Justice Letter of Findings
PB-DE-0003-0004.pdf | Detail
Date: 11/09/2010
Source: U.S. Department of Justice Civil Rights Division, Disability Rights Section
Consent Decree
PB-DE-0003-0002.pdf | Detail
Date: 07/06/2011
Source: U.S. Department of Justice Civil Rights Division, Disability Rights Section
DOJ Press Release
PB-DE-0003-0003.pdf | Detail
Date: 07/06/2011
Source: U.S. Department of Justice Civil Rights Division, Disability Rights Section
Complaint [ECF# 1]
PB-DE-0003-0005.pdf | External Link | Detail
Date: 07/06/2011
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Order Entering Settlement Agreement [ECF# 6]
PB-DE-0003-0001.pdf | Detail
Date: 07/15/2011
Source: U.S. Department of Justice Civil Rights Division, Disability Rights Section
First Report of The Court Monitor on Progress Toward Compliance With The Settlement Agreement: U.S. v. State of Delaware [ECF# 25]
PB-DE-0003-0006.pdf | External Link | Detail
Date: 01/30/2012
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Second Report of The Court Monitor on Progress Toward Compliance With The Settlement Agreement: U.S. v. State of Delaware [ECF# 45]
PB-DE-0003-0007.pdf | External Link | Detail
Date: 09/05/2012
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Third Report of The Court Monitor on Progress Toward Compliance With The Agreement: U.S. v. State of Delaware
PB-DE-0003-0008.pdf | External Link | Detail
Date: 03/08/2013
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Corrected Fourth Report of The Court Monitor on Progress Toward Compliance With The Agreement: U.S. v. State of Delaware
PB-DE-0003-0009.pdf | External Link | Detail
Date: 09/24/2013
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Fifth Report of The Court Monitor on Progress Toward Compliance With The Agreement: U.S. v. State of Delaware
PB-DE-0003-0010.pdf | External Link | Detail
Date: 05/19/2014
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Sixth Report of The Court Monitor on Progress Toward Compliance With The Agreement: U.S. v. State of Delaware
PB-DE-0003-0011.pdf | External Link | Detail
Date: 12/29/2014
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Seventh Report of The Court Monitor on Progress Toward Compliance With The Agreement: U.S. v. State of Delaware
PB-DE-0003-0012.pdf | External Link | Detail
Date: 06/11/2015
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Eighth Report of The Court Monitor on Progress Toward Compliance With The Agreement: U.S. v. State of Delaware
PB-DE-0003-0013.pdf | External Link | Detail
Date: 12/26/2015
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Ninth Report of The Court Monitor on Progress Toward Compliance With The Agreement: U.S. v. State of Delaware
PB-DE-0003-0014.pdf | External Link | Detail
Date: 05/26/2016
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Tenth Report of The Court Monitor on Progress Towards Compliance With The Agreement: U.S. v. State of Delaware
PB-DE-0003-0015.pdf | External Link | Detail
Date: 09/19/2016
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Joint Brief in Support of The Parties' Joint Motion to Dismiss [ECF# 185]
PB-DE-0003-0016.pdf | External Link | Detail
Date: 10/06/2016
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Order to Dismiss With Prejudice [ECF# 186] (D. Del.)
PB-DE-0003-0017.pdf | External Link | Detail
Date: 10/11/2016
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Delaware Settlement Agreement Dismissal Fact Sheet
PB-DE-0003-0018.pdf | External Link | Detail
Date: 10/13/2016
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Judges Stark, Leonard Philip (D. Del.)
PB-DE-0003-0001 | PB-DE-0003-0017
Plaintiff's Lawyers Bagenstos, Samuel R. (District of Columbia)
PB-DE-0003-0002 | PB-DE-0003-0005
Barkoff, Alison (District of Columbia)
PB-DE-0003-0002 | PB-DE-0003-0005
Bohan, Mary (District of Columbia)
PB-DE-0003-0016
Deutsch, David (District of Columbia)
PB-DE-0003-0002 | PB-DE-0003-0005 | PB-DE-0003-9000
Fox, Deena (District of Columbia)
PB-DE-0003-0002 | PB-DE-0003-0005 | PB-DE-0003-9000
Gupta, Vanita (District of Columbia)
PB-DE-0003-0016
Hill, Eve L. (District of Columbia)
PB-DE-0003-0016
Kelly, Elizabeth C. (District of Columbia)
PB-DE-0003-0016
Perez, Thomas E. (District of Columbia)
PB-DE-0003-0002 | PB-DE-0003-0004 | PB-DE-0003-0005
Preston, Judith C. (District of Columbia)
PB-DE-0003-0002 | PB-DE-0003-0005
Rosenbaum, Steven H. (District of Columbia)
PB-DE-0003-0016
Smith, Jonathan Mark (District of Columbia)
PB-DE-0003-0002 | PB-DE-0003-0005
Defendant's Lawyers Durstein, Ralph K. (Delaware)
PB-DE-0003-0002 | PB-DE-0003-9000
Goldstein, Aaron R. (Delaware)
PB-DE-0003-0002 | PB-DE-0003-0016 | PB-DE-0003-9000
Goncher, Sarah Fishman (Delaware)
PB-DE-0003-0016
Kirshon, Ilona (Delaware)
PB-DE-0003-0002 | PB-DE-0003-9000
Lewis, Lawrence (Delaware)
PB-DE-0003-0002 | PB-DE-0003-9000

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