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Case Name United States v. Virginia PB-VA-0003
Docket / Court 3:12-cv-059 ( E.D. Va. )
State/Territory Virginia
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization Bazelon Center
NDRN/Protection & Advocacy Organizations
U.S. Dept. of Justice Civil Rights Division
Case Summary
On February 10, 2011, the United States Department of Justice (Civil Rights Division, Special Litigation Section) released a letter of findings detailing the results of its investigation into the institutionalization of individuals with intellectual and developmental disabilities in Virginia. The ... read more >
On February 10, 2011, the United States Department of Justice (Civil Rights Division, Special Litigation Section) released a letter of findings detailing the results of its investigation into the institutionalization of individuals with intellectual and developmental disabilities in Virginia. The investigation focused specifically on the Central Virginia Training Center (CVTC), an intermediate care facility for persons with developmental disabilities (ICF/DD), but also considered the statewide institutionalization of this population (DOJ's involvement began as an investigation of CVTC pursuant to the Civil Rights of Institutionalized Persons Act but later expanded to include the statewide system's compliance with the ADA). The DOJ concluded that Virginia was systematically violating the Americans with Disabilities Act under the 1999 Supreme Court precedent, Olmstead v. LC, in forcing the unnecessary institutionalization of people with disabilities. The DOJ found a lack of sufficient community-based services available to this population, an unreasonably long waiting list for Medicaid waiver services, inadequate discharge planning at CVTC, and other deficiencies. According to the DOJ, these policies lead to a situation in which individuals with developmental disabilities were housed unnecessarily in institutions and were unable to either remain in the community or transition from an institution to a community placement.

Nearly one year later, the DOJ and Virginia entered into a settlement agreement to remedy the deficiencies outlined in the findings letter. The DOJ filed a complaint and settlement agreement in the U.S. District Court for the Eastern District of Virginia on January 26, 2012. The court (Judge John A. Gibney, Jr.) gave preliminary approval to the agreement and allowed interested parties to submit letters and amici curiae briefs to the court in advance of the final approval of the settlement. On March 2, 2012, several individuals then living in institutions filed a motion to intervene in the litigation, claiming that they wished to remain in institutions and that the proposed settlement would force the closing of their institutions. The court found that they had adequately demonstrated that they stood to be affected by the outcome of the litigation and granted their intervention in the case on May 9, 2012. 282 F.R.D. 403. The intervenors then filed a motion to dismiss, challenging the United States' authority to bring the claim to enforce the ADA.

On June 5, 2012, the court denied the intervenors' motion to dismiss, finding that DOJ's ADA enforcement authority included the ability to investigate and file suit in federal court as had occurred here, and that the government had followed all necessary procedures.

On August 23, 2012, the court finalized its approval of the settlement between the United States and Virginia. Under the settlement, Virginia agreed to increase its community-based services for people with intellectual and developmental disabilities. The goal of the agreement was to prevent individuals living in their communities from being forced into institutions, and to allow those living in institutions to transition to their communities. Virginia agreed to create additional slots on its Home and Community Based Services Medicaid waiver programs and to allow those on the waitlist to begin receiving services. The state also agreed to provide crisis services and employment training.

Reports from the independent reviewer over the next three years noted significant progress in certain areas, including the discharge of adults from institutions and development of adult crisis services. However, in other areas, progress lagged. On September 23, 2015, the DOJ submitted a motion for a court-ordered schedule of implementation. Shortly afterward, the Intervenors filed a statement of interest asking that the court suspend the closure of remaining institutions until the State could show that adequate financial and community support structures were in place.

Before the court made a determination on the DOJ's schedule motion, the parties negotiated and agreed on specific implementation schedules. The DOJ subsequently withdrew its motion in January 2016.

On August 4, 2017, the Intervenors filed a motion for injunctive relief. The Intervenors alleged that several former residents who had never voluntarily consented to a move from the State Training Centers were coerced by the State into transitioning into the community. They asked that the court permanently enjoin the State from forcibly removing residents from Training Centers and that it issue a declaratory judgment stating that the State acted in violation of state laws.

A hearing on the motion took place on November 6, 2017. On February 2, 2018, the court (Judge Gibney) denied the Intervenors' motion. The court found that though the Intervenors had standing to pursue their motion for injunctive relief, the court did not have subject matter jurisdiction over the motion because the Intervenors' claims did not form part of the same case or controversy as the DOJ's ADA claims and, further, because Eleventh Amendment sovereign immunity prevents federal courts from enjoining states based on state law claims. Even if it had jurisdiction, the court found that the Intervenors did not meet the standard for an award of injunctive relief.

As of August 12, 2018, the parties continue to negotiate schedules to facilitate implementation of the settlement agreement. The parties reached agreement on a Complex Behavioral schedule on February 27, 2018. As of August 12, 2018, the independent reviewer continues to submit reports on compliance with the settlement agreement.

Beth Kurtz - 03/11/2013
Lauren Latterell Powell - 11/02/2017
Sarah McDonald - 08/12/2018


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Content of Injunction
Discrimination Prohibition
Monitoring
Preliminary relief granted
Reasonable Accommodation
Reporting
Defendant-type
Jurisdiction-wide
Disability
disability, unspecified
Integrated setting
Least restrictive environment
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Access to public accommodations - governmental
Classification / placement
Deinstitutionalization/decarceration
Habilitation (training/treatment)
Placement in mental health facilities
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Reasonable Accommodations
Wait lists
Medical/Mental Health
Intellectual disability/mental illness dual diagnosis
Intellectual/Developmental Disability
Mental health care, general
Mental health care, unspecified
Mental Disability
Depression
Developmental disability without intellectual disability
Intellectual/developmental disability, unspecified
Mental Illness, Unspecified
Schizophrenia
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.
Defendant(s) Commonwealth of Virginia
Plaintiff Description The United States Department of Justice (Civil Rights Division).
Indexed Lawyer Organizations Bazelon Center
NDRN/Protection & Advocacy Organizations
U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2012 - 2021
Filing Year 2012
Case Ongoing Yes
Additional Resources
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  United States of America v. Commonwealth of Virginia
http://www.bazelon.org/u-s-v-virginia/
Date: 2017
By: The Bazelon Center
[ Detail ] [ External Link ]

  An Analysis of CRIPA Findings Letters Issued to Jails for Constitutional Violations by the Department of Justice
Date: Apr. 15, 2016
By: Jeff Mellow, Bryce E. Peterson & Mijin Kim (John Jay College of Criminal Justice Faculty)
Citation: Am. J. Crim. Just. (April 2016)
[ Detail ] [ External Link ]

Docket(s)
3:12-cv-00059-JAG (E.D. Va.)
PB-VA-0003-9000.pdf | Detail
Date: 03/26/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Virginia ADA Settlement Fact Sheet
PB-VA-0003-0019.pdf | External Link | Detail
Date:
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
DOJ Findings Letter
PB-VA-0003-0017.pdf | Detail
Date: 02/10/2011
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Complaint [ECF# 1]
PB-VA-0003-0001.pdf | Detail
Date: 01/26/2012
Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement [ECF# 2-2]
PB-VA-0003-0003.pdf | Detail
Date: 01/26/2012
Source: PACER [Public Access to Court Electronic Records]
Joint Motion for Entry of Settlement Agreement and Brief in Support Thereof [ECF# 2]
PB-VA-0003-0026.pdf | Detail
Date: 01/26/2012
Source: PACER [Public Access to Court Electronic Records]
Motion to Intervene [ECF# 19]
PB-VA-0003-0002.pdf | Detail
Date: 03/02/2012
Source: PACER [Public Access to Court Electronic Records]
Intervenor's Motion to Dismiss [ECF# 19-1]
PB-VA-0003-0027.pdf | Detail
Date: 03/02/2012
Source: PACER [Public Access to Court Electronic Records]
Memorandum of Law in Support of Motion for Intervention by Proposed Intervenors [ECF# 20]
PB-VA-0003-0028.pdf | Detail
Date: 03/02/2012
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 22] (E.D. Va.)
PB-VA-0003-0004.pdf | Detail
Date: 03/06/2012
Source: PACER [Public Access to Court Electronic Records]
Defendant's Response in Opposition to Motion to Intervene [ECF# 27]
PB-VA-0003-0005.pdf | Detail
Date: 03/16/2012
Source: PACER [Public Access to Court Electronic Records]
The United States' Opposition to Proposed Intervenor's Motion for Intervention [ECF# 28]
PB-VA-0003-0006.pdf | Detail
Date: 03/16/2012
Source: PACER [Public Access to Court Electronic Records]
Brief Amici Curiae of the Arc of Virginia, ASCV, ASNV, AS, VDSA [ECF# 37]
PB-VA-0003-0007.pdf | Detail
Date: 03/22/2012
Source: PACER [Public Access to Court Electronic Records]
The Virginia Office for Protection and Advocacy's Memorandum as Amicus Curiae in Support of Entry of the Parties' Settlement Agreement [ECF# 50]
PB-VA-0003-0029.pdf | Detail
Date: 04/03/2012
Source: PACER [Public Access to Court Electronic Records]
Brief Amici Curiae on Behalf of the National Association of State Directors of Developmental Disability Services, the American Association of Intellectual and Developmental Disabilities, the Association of University Center on Disabilities, the Assoc [ECF# 52]
PB-VA-0003-0008.pdf | Detail
Date: 04/05/2012
Source: PACER [Public Access to Court Electronic Records]
Statement on Behalf of Stakeholders in Support of Settlement Agreement
PB-VA-0003-0032.pdf | Detail
Date: 04/06/2012
Memorandum Order Granting Motion to Intervene [ECF# 65] (282 F.R.D. 403) (E.D. Va.)
PB-VA-0003-0009.pdf | WESTLAW| LEXIS | Detail
Date: 05/09/2012
Source: PACER [Public Access to Court Electronic Records]
Intervenors' Motion to Dismiss [ECF# 66]
PB-VA-0003-0010.pdf | Detail
Date: 05/09/2012
Source: PACER [Public Access to Court Electronic Records]
Defendant Commonwealth's Response to Intervenor's Motion to Dismiss [ECF# 75]
PB-VA-0003-0011.pdf | Detail
Date: 05/21/2012
Source: PACER [Public Access to Court Electronic Records]
United State's Opposition to Intervenors' Motion to Dismiss [ECF# 76]
PB-VA-0003-0012.pdf | Detail
Date: 05/21/2012
Source: PACER [Public Access to Court Electronic Records]
Memorandum Order Denying Intervenors' Motion to Dismiss [ECF# 90] (E.D. Va.)
PB-VA-0003-0013.pdf | Detail
Date: 06/05/2012
Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement [ECF# 100]
PB-VA-0003-0014.pdf | Detail
Date: 06/13/2012
Source: PACER [Public Access to Court Electronic Records]
The United States' Memorandum in Response to the Court's Proposed Amendments to the Settlement Agreement [ECF# 105]
PB-VA-0003-0031.pdf | Detail
Date: 06/26/2012
Source: PACER [Public Access to Court Electronic Records]
The Commonwealth's Response to the Court's Proposed Amendments to the Settlement Agreement
PB-VA-0003-0030.pdf | Detail
Date: 06/29/2012
Order Approving Consent Decree [ECF# 112] (E.D. Va.)
PB-VA-0003-0015.pdf | Detail
Date: 08/23/2012
Source: PACER [Public Access to Court Electronic Records]
Report of the Independent Reviewer on Compliance with the Settlement Agreement [ECF# 120]
PB-VA-0003-0016.pdf | Detail
Date: 12/07/2012
Source: PACER [Public Access to Court Electronic Records]
Report of the Independent Reviewer on Compliance with the Settlement Agreement [2nd] [ECF# 130]
PB-VA-0003-0018.pdf | External Link | Detail
Date: 06/11/2013
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Report of the Independent Reviewer on Compliance with the Settlement Agreement [3rd.]
PB-VA-0003-0020.pdf | External Link | Detail
Date: 12/06/2013
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Report of the Independent Reviewer on Compliance with the Settlement Agreement [4th.]
PB-VA-0003-0021.pdf | External Link | Detail
Date: 06/06/2014
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Report of the Independent Reviewer on Compliance with the Settlement Agreement [5th.] [ECF# 158]
PB-VA-0003-0022.pdf | External Link | Detail
Date: 12/08/2014
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Report of the Independent Reviewer on Compliance with the Settlement Agreement [6th.] [ECF# 177]
PB-VA-0003-0023.pdf | External Link | Detail
Date: 06/06/2015
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Report of the Independent Reviewer on Compliance with the Settlement Agreement [7th.] [ECF# 204]
PB-VA-0003-0024.pdf | External Link | Detail
Date: 12/06/2015
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
United States' Withdrawal of Motion for a Court-Ordered Schedule and Joint Submission of Schedules [ECF# 202]
PB-VA-0003-0033.pdf | Detail
Date: 01/08/2016
Source: PACER [Public Access to Court Electronic Records]
Report of the Independent Reviewer on Compliance with the Settlement Agreement [8th.] [ECF# 208]
PB-VA-0003-0025.pdf | External Link | Detail
Date: 06/06/2016
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Report of the Independent Reviewer on Compliance with the Settlement Agreement [ECF# 225]
PB-VA-0003-0035.pdf | Detail
Date: 12/23/2016
Source: PACER [Public Access to Court Electronic Records]
Report of the Independent Reviewer on Compliance with the Settlement Agreement [ECF# 242]
PB-VA-0003-0036.pdf | Detail
Date: 08/01/2017
Source: PACER [Public Access to Court Electronic Records]
Intervenors' Motion for Injunctive Relief [ECF# 244]
PB-VA-0003-0034.pdf | Detail
Date: 08/04/2017
Source: PACER [Public Access to Court Electronic Records]
Commonwealth's Response in Opposition to Intervenors' Motion for Injunctive Relief [ECF# 249]
PB-VA-0003-0037.pdf | Detail
Date: 08/18/2017
Source: PACER [Public Access to Court Electronic Records]
Report of the Independent Reviewer on Compliance with the Settlement Agreement [ECF# 267]
PB-VA-0003-0038.pdf | Detail
Date: 12/13/2017
Source: PACER [Public Access to Court Electronic Records]
Opinion [ECF# 275] (2018 WL 702684) (E.D. Va.)
PB-VA-0003-0039.pdf | WESTLAW | Detail
Date: 02/02/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Gibney, John Adrian Jr. (E.D. Va.)
PB-VA-0003-0004 | PB-VA-0003-0009 | PB-VA-0003-0013 | PB-VA-0003-0015 | PB-VA-0003-0039 | PB-VA-0003-9000
Plaintiff's Lawyers Barkoff, Alison (District of Columbia)
PB-VA-0003-0001 | PB-VA-0003-0003 | PB-VA-0003-0006 | PB-VA-0003-0012 | PB-VA-0003-0014 | PB-VA-0003-0015 | PB-VA-0003-0026 | PB-VA-0003-0031 | PB-VA-0003-9000
Cuncannan, Jacqueline (District of Columbia)
PB-VA-0003-0001 | PB-VA-0003-0003 | PB-VA-0003-0014 | PB-VA-0003-0015 | PB-VA-0003-0026
Farano, Richard J. (District of Columbia)
PB-VA-0003-9000
Herman, Vincent P. (District of Columbia)
PB-VA-0003-0012 | PB-VA-0003-0015 | PB-VA-0003-0031 | PB-VA-0003-9000
Hill, Eve L. (District of Columbia)
PB-VA-0003-0001 | PB-VA-0003-0003 | PB-VA-0003-0006 | PB-VA-0003-0012 | PB-VA-0003-0015 | PB-VA-0003-0026 | PB-VA-0003-0031 | PB-VA-0003-0033
Keen, Jennifer Wu (District of Columbia)
PB-VA-0003-9000
Macbride, Neil H (Virginia)
PB-VA-0003-0001 | PB-VA-0003-0003 | PB-VA-0003-0012 | PB-VA-0003-0014 | PB-VA-0003-0015 | PB-VA-0003-0026 | PB-VA-0003-0031
Mcintosh, Robert P (Virginia)
PB-VA-0003-0001 | PB-VA-0003-0003 | PB-VA-0003-0006 | PB-VA-0003-0012 | PB-VA-0003-0014 | PB-VA-0003-0015 | PB-VA-0003-0026 | PB-VA-0003-0033 | PB-VA-0003-9000
Perez, Thomas E. (District of Columbia)
PB-VA-0003-0001 | PB-VA-0003-0003 | PB-VA-0003-0006 | PB-VA-0003-0012 | PB-VA-0003-0015 | PB-VA-0003-0017 | PB-VA-0003-0031
Polansky, Jessica (District of Columbia)
PB-VA-0003-0033 | PB-VA-0003-9000
Smiddie, Kyle (District of Columbia)
PB-VA-0003-0033 | PB-VA-0003-9000
Smith, Jonathan Mark (District of Columbia)
PB-VA-0003-0001 | PB-VA-0003-0003 | PB-VA-0003-0006 | PB-VA-0003-0012 | PB-VA-0003-0015 | PB-VA-0003-0017 | PB-VA-0003-0026 | PB-VA-0003-0031 | PB-VA-0003-9000
Tayloe, Benjamin O. (District of Columbia)
PB-VA-0003-0001 | PB-VA-0003-0003 | PB-VA-0003-0006 | PB-VA-0003-0012 | PB-VA-0003-0014 | PB-VA-0003-0015 | PB-VA-0003-0026 | PB-VA-0003-0031 | PB-VA-0003-0033 | PB-VA-0003-9000
Zisser, Aaron B. (California)
PB-VA-0003-0001 | PB-VA-0003-0003 | PB-VA-0003-0006 | PB-VA-0003-0012 | PB-VA-0003-0014 | PB-VA-0003-0015 | PB-VA-0003-0026 | PB-VA-0003-0031
Zisser, Aaron (District of Columbia)
PB-VA-0003-9000
Defendant's Lawyers Burshem, Craig (Virginia)
PB-VA-0003-0011
Cuccinelli, Kenneth T. II (Virginia)
PB-VA-0003-0003 | PB-VA-0003-0005 | PB-VA-0003-0011 | PB-VA-0003-0014 | PB-VA-0003-0015
Curtis, Braden Jon (Virginia)
PB-VA-0003-0033 | PB-VA-0003-0037 | PB-VA-0003-9000
Elias, Cordelia M. (Pennsylvania)
PB-VA-0003-0002 | PB-VA-0003-0010 | PB-VA-0003-0028 | PB-VA-0003-9000
Johnson, David E. (Virginia)
PB-VA-0003-0005 | PB-VA-0003-0014
Schafer, Gerald (Virginia)
PB-VA-0003-0002 | PB-VA-0003-0010 | PB-VA-0003-0027 | PB-VA-0003-0027 | PB-VA-0003-0028 | PB-VA-0003-9000
Tysinger, Allyson (Virginia)
PB-VA-0003-0003 | PB-VA-0003-0005 | PB-VA-0003-0011 | PB-VA-0003-0014 | PB-VA-0003-0015 | PB-VA-0003-0026 | PB-VA-0003-0030 | PB-VA-0003-0033 | PB-VA-0003-0037 | PB-VA-0003-9000
York, Thomas B. (Pennsylvania)
PB-VA-0003-0002 | PB-VA-0003-0010 | PB-VA-0003-0027 | PB-VA-0003-0027 | PB-VA-0003-0028 | PB-VA-0003-0034 | PB-VA-0003-9000
Zaycosky, Donald B. (Pennsylvania)
PB-VA-0003-0002 | PB-VA-0003-0010 | PB-VA-0003-0028 | PB-VA-0003-9000
Other Lawyers Burnim, Ira Abraham (District of Columbia)
PB-VA-0003-0032
DeVore, Zachary Scott (Virginia)
PB-VA-0003-9000
Dorfman, Deborah A. (Washington)
PB-VA-0003-0007 | PB-VA-0003-0008
Dorfman, Deborah A. (Massachusetts)
PB-VA-0003-9000
Fawk, Sara (Massachusetts)
PB-VA-0003-0007
Fleischner, Robert D. (Massachusetts)
PB-VA-0003-0007 | PB-VA-0003-0008 | PB-VA-0003-9000
Gibson, Melissa Charnes (Virginia)
PB-VA-0003-9000
Glasberg, Victor Michael (Virginia)
PB-VA-0003-0007 | PB-VA-0003-0008 | PB-VA-0003-9000
Graff, Julia (District of Columbia)
PB-VA-0003-0032
Martinis, Jonathan Gerald (Virginia)
PB-VA-0003-0029 | PB-VA-0003-9000
Mathis, Jennifer (District of Columbia)
PB-VA-0003-0032
O'Toole, Brendan D. (Virginia)
PB-VA-0003-0032
Rae, J. Paterson (Massachusetts)
PB-VA-0003-0008
Schwartz, Steven J. (Massachusetts)
PB-VA-0003-0007 | PB-VA-0003-0008 | PB-VA-0003-9000

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