Filed Date: May 6, 1999
Closed Date: 2001
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On May 6, 1999, the U.S. Department of Justice (DOJ) filed this lawsuit against Virginia in the U.S. District Court for the Eastern District of Virginia. The Plaintiff sued pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. §§ 1997-1997j. The case was assigned to Judge Leonie M. Brinkema.
The events leading up to this lawsuit began in March 1997, when the DOJ informed the Governor of Virginia that it was commencing an investigation of the Central State Hospital (CSH). CSH is an institution covered by CRIPA and operated by Virginia to provide psychiatric treatment and other services to persons with mental illness. In April 1997, the DOJ conducted on-site inspections and evaluations of CSH. It found that conditions at CSH constituted a pattern of violations of the constitutional and federal statutory rights of patients, specifically the Fourteenth Amendment, Title II of the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §§ 794.
In June 1997, the Plaintiff advised Virginia of these findings. Virginia then voluntarily started to develop a written plan to address the care provided at CSH. This plan would later get incorporated into the Settlement Agreement.
On May 6, 1999, the DOJ filed both the complaint and Settlement Agreement in anticipation of the resolution of this case through the execution of the Agreement. To avoid adversarial litigation, the parties agreed upon a Plan (described in the Agreement) to remedy CSH's deficiencies that the U.S. found.
The Settlement Agreement included the following important provisions for the Plan, among several other smaller promises:
- The U.S. shall tour the facility with its expert consultants to assess the status of implementing the Plan.
- The parties will share information necessary to determine Virginia's compliance with the Agreement.
- Virginia shall provide the U.S. with quarterly summaries of each open or founded allegation of abuse and/or neglect, as well as other problematic incidents as defined in the Administrative Practice Manual.
- Virginia shall allow the U.S. to take a certification tour, which is to permit the U.S. to assess the status of Virginia's implementation of the Plan.
- By no later than July 1, 2000, Virginia shall provide written notice to the United States that it may conduct the certification tour (called the "Notice Date").
- If the Plaintiff found that Virginia failed to implement the Plan, the Plaintiff may file a motion to vacate the dismissal without prejudice and to restore the Action to the Court's active docket. This motion must be filed within ten months of the Notice Date.
- If the Plaintiff fails to file a Motion to Restore within this time frame, Virginia shall be conclusively entitled to an order dismissing this case with prejudice.
Judge Brinkema dismissed the case without prejudice on the same day the Settlement Agreement was filed. However, the case was not fully closed on this date because as explained more fully above, the Agreement stated that the U.S. may restore the case if Virginia failed to implement the Plan.
By October 4, 2001, the government had not filed a motion to restore. Virginia thus filed a motion to dismiss the case. Judge Brinkema granted the motion and dismissed the case with prejudice. The case closed in 2001.
Summary Authors
Lisa Koo (5/25/2019)
Deutsch, David (District of Columbia)
Fahey, Helen F. (Virginia)
Frohboese, Robinsue (District of Columbia)
Bigley, Garland L. (Virginia)
Hickey, Jane D. (Virginia)
Last updated April 5, 2024, 3:01 a.m.
State / Territory: Virginia
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: May 6, 1999
Closing Date: 2001
Case Ongoing: No
Plaintiffs
Plaintiff Description:
U.S. Department of Justice.
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Commonwealth of Virginia, State
Defendant Type(s):
Case Details
Causes of Action:
Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 1999 - 2001
Content of Injunction:
Issues
General:
Staff (number, training, qualifications, wages)
Jails, Prisons, Detention Centers, and Other Institutions:
Assault/abuse by staff (facilities)
Assault/abuse by non-staff (facilities)
Disability and Disability Rights:
Medical/Mental Health:
Type of Facility: