University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name CRIPA Investigation of Clyde L. Choate Developmental Center (2009) ID-IL-0005
Docket / Court docket unknown ( No Court )
State/Territory Illinois
Case Type(s) Intellectual Disability (Facility)
Case Summary
On February 27, 2007, the U.S. Department of Justice Civil Rights Division sent a letter to the Governor of Illinois informing him of its intention to investigate conditions at the Clyde L. Choate Developmental Center pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. � ... read more >
On February 27, 2007, the U.S. Department of Justice Civil Rights Division sent a letter to the Governor of Illinois informing him of its intention to investigate conditions at the Clyde L. Choate Developmental Center pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997. The Department of Justice then conducted on-site reviews of the facility in July 2007 and again in September 2007.

On November 9, 2009, the Department of Justice sent a letter to the Governor of Illinois reporting their findings. The Department of Justice found that Choate failed to provide its residents with adequate:

(1) transition planning and placement in the most integrated setting;
(2) protection from harm;
(3) health care;
(4) behavioral, habilitation, and communication services;
(5) special education services; and
(6) integrated treatment planning.

The Department of Justice found these deficiencies were due in large part to a lack of oversight and supervision and failure to move individuals into the most integrated settings appropriate for their needs. The Department of Justice then informed the state that it should promptly implement remedial measures including:

The development of transition and discharge planning;
Providing incident, risk, and quality management services to prevent harm of residents consistent with generally accepted professional standards;
Limiting use of physical or chemical restraints;
Providing medicare care consistent with generally accepted professional standards;
Providing psychiatric services consistent with generally accepted professional standards;
Providing residents with training, including behavioral and habilitation services, consistent with generally accepted professional standards;
Providing communication services consistent with generally accepted professional standards;
Providing education and special education services consistent with generally accepted professional standards; and
Providing integrated supports, services, and planning consistent with generally accepted professional standards.

In 2013, the Department of Justice closed its investigation of Clyde E. Choate Developmental Center after Illinois expanded its community-based services. There was no litigation or settlement between the parties.

Cade Boland - 08/30/2018


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Issues and Causes of Action
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Issues
Disability
Integrated setting
Least restrictive environment
Mental impairment
General
Classification / placement
Commitment procedure
Conditions of confinement
Deinstitutionalization/decarceration
Discharge & termination plans
Education
Excessive force
Failure to supervise
Food service / nutrition / hydration
Habilitation (training/treatment)
Individualized planning
Neglect by staff
Placement in mental health facilities
Reassessment and care planning
Record-keeping
Rehabilitation
Restraints : chemical
Restraints : physical
Staff (number, training, qualifications, wages)
Totality of conditions
Medical/Mental Health
Intellectual disability/mental illness dual diagnosis
Intellectual/Developmental Disability
Medical care, general
Medical care, unspecified
Medication, administration of
Mental health care, general
Mental health care, unspecified
Mental Disability
Intellectual/developmental disability, unspecified
Mental Illness, Unspecified
Type of Facility
Government-run
Causes of Action Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Defendant(s) State of Illinois
Plaintiff Description N/A
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Case Ongoing No
Additional Resources
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  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)
No docket sheet currently in the collection
General Documents
Re: Investigation of the Clyde L. Choate Developmental Center, Anna, Illinois
ID-IL-0005-0001.pdf | External Link | Detail
Date: 11/09/2009
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Plaintiff's Lawyers Perez, Thomas E. (District of Columbia)
ID-IL-0005-0001

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