Case: DOJ Investigation of the Glenwood Resource Center

4:22-cv-00398 | U.S. District Court for the Southern District of Iowa

Filed Date: Dec. 1, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This was an out of court matter initiated by the United States Department of Justice Civil Rights Division (DOJ). The investigation examined conditions at the Glenwood Resource Center (Glenwood), an institution for individuals with intellectual disabilities operated by the State of Iowa in Glenwood, Iowa. The DOJ initiated the investigation in November 2019 under the Civil Rights of Institutionalized Persons Act (CRIPA), as well as Title II of the Americans with Disabilities Act (ADA). In a pos…

This was an out of court matter initiated by the United States Department of Justice Civil Rights Division (DOJ). The investigation examined conditions at the Glenwood Resource Center (Glenwood), an institution for individuals with intellectual disabilities operated by the State of Iowa in Glenwood, Iowa. The DOJ initiated the investigation in November 2019 under the Civil Rights of Institutionalized Persons Act (CRIPA), as well as Title II of the Americans with Disabilities Act (ADA).

In a post-investigation findings letter issued on December 22, 2020, the DOJ found reasonable cause to believe the conditions at Glenwood violated the Substantive Due Process Clause of the Fourteenth Amendment, and that these violations occurred as part of a systematic pattern or practice of Fourteenth Amendment violations. The DOJ determined that Iowa subjected Glenwood residents to unreasonable harm through uncontrolled and unsupervised experimentation, inadequate physical and behavioral healthcare, and inadequate protection from harm, including deficient safety and oversight mechanisms.

Specifically, the DOJ concluded that Iowa violated Glenwood residents’ constitutional rights by conducting experiments on them without their consent, as well as collecting and distributing their data without informing them. Experiments such as unnecessarily overhydrating residents were found to have caused physical harm. In addition, the DOJ concluded that Glenwood residents received constitutionally inadequate physical health care, as they failed to receive timely or clinically appropriate medical assessments or treatment, which at times resulted in severe physical harm. The DOJ also concluded that Glenwood’s behavioral health care, including its use of restraints, violated residents’ due process rights. Finally, the DOJ found severe deficiencies in the staffing, oversight and quality management at both Glenwood and the Iowa Department of Human Services, and that these deficiencies fostered an environment in which the constitutional violations could and did routinely occur.

On December 8, 2021, the DOJ issued its findings as to the ADA violations, concluding that there was reasonable cause to believe the State violated Title II of the ADA by failing to provide services to people with intellectual developmental disabilities in the most integrated setting appropriate to their needs. The investigation found that the State planned, administered, and funded its public healthcare service system in a manner that unnecessarily segregated people with intellectual developmental disabilities in Resource Centers, rather than providing these services where people lived, in their communities.

The DOJ announced a settlement with the State on December 2, 2022. Iowa decided to close Glenwood in approximately two years, but the parties agreed to remedy the conditions at Glenwood while it remained open. Further, if more than one-third of current Glenwood residents moved to and were living at Woodward Resource Center (the other state-run institution for individuals with intellectual disabilities) at any point during the decree term, then the decree would apply to Woodward as well. The proposed consent decree prohibited uncontrolled and unsupervised experiments; required better staffing, training and oversight for clinical care; dramatically limited the use of restraints and seclusion; and required substantial State oversight over all aspects of Glenwood’s operation. In addition, the decree required greater transparency, through public reporting and engagement with stakeholders. The decree appointed an independent monitor for a period of three years to assess the State’s compliance. The monitor was to submit reports every six months. The United States District Court for the Southern District of Iowa approved the consent decree on January 11, 2023, and retained jurisdiction over the matter for the purposes of enforcing the agreement. The agreement was to terminate in five years, if the parties agreed that the State had attained substantial compliance with all provisions, and maintained that compliance for a period of one year. 

As of November 2023, monitoring appears to be ongoing, and the State plans to close Glenwood at the end of 2024.

Summary Authors

Jonah Hudson-Erdman (9/12/2021)

Simran Takhar (11/24/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66579999/parties/united-states-v-state-of-iowa/


Attorney for Plaintiff

Russo, Sarah Teresa (Iowa)

Scherle, Rachel J. (Iowa)

Schutzer, Mathew (Iowa)

Steege, Sarah G. (Iowa)

Tayloe, Benjamin O. (Iowa)

Attorney for Defendant

show all people

Documents in the Clearinghouse

Document

Justice Department Alleges Conditions at Iowa Institution for Individuals with Disabilities Violate the Constitution

No Court

Dec. 22, 2020

Dec. 22, 2020

Press Release

Investigation of the Glenwood Resource Center

No Court

Dec. 22, 2020

Dec. 22, 2020

Findings Letter/Report

Investigation of Glenwood and Woodward Resource Centers

No Court

Dec. 8, 2021

Dec. 8, 2021

Findings Letter/Report

Settlement Agreement and Consent Decree to Resolve the Department of Justice's Investigation of Glenwood Resource Center Conditions

Jan. 11, 2023

Jan. 11, 2023

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66579999/united-states-v-state-of-iowa/

Last updated Nov. 29, 2023, 3:30 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against State of Iowa, filed by United States of America. Notice of Dismissal for lack of Service deadline set for 3/1/2023. Rule 16 Notice of Dismissal set for 3/1/2023. (Attachments: # 1 Attachment A)(Faith, David) (Entered: 12/01/2022)

Dec. 1, 2022

Dec. 1, 2022

PACER
2

Joint MOTION for Entry of Consent Judgment JOINT MOTION FOR ENTRY OF CONSENT DECREE by United States of America. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C, # 4 Attachment D)(Faith, David) (Entered: 12/01/2022)

Dec. 1, 2022

Dec. 1, 2022

PACER
3

NOTICE of Appearance by Chandlor Glenn Collins on behalf of State of Iowa (Collins, Chandlor) (Entered: 12/06/2022)

Dec. 6, 2022

Dec. 6, 2022

PACER

Senior Judge James E. Gritzner added. Judge Stephen H. Locher no longer assigned to case. (kjw)

Dec. 8, 2022

Dec. 8, 2022

PACER

Add and Terminate Judges

Dec. 8, 2022

Dec. 8, 2022

PACER

Judge Rebecca Goodgame Ebinger added. Senior Judge James E. Gritzner no longer assigned to case. (kjw)

Dec. 9, 2022

Dec. 9, 2022

PACER

Add and Terminate Judges

Dec. 9, 2022

Dec. 9, 2022

PACER
4

ORDER Granting 2 Joint Motion for Entry of Consent Decree. See order for particulars. Signed by Judge Rebecca Goodgame Ebinger on 1/11/2023. (h) (Entered: 01/11/2023)

Jan. 11, 2023

Jan. 11, 2023

PACER
5

ORDER RE: SETTLEMENT AGREEMENT and CONSENT DECREE. See order for particulars. Signed by Judge Rebecca Goodgame Ebinger on 1/11/2023. (h) (Entered: 01/11/2023)

Jan. 11, 2023

Jan. 11, 2023

PACER
6

NOTICE of Appearance by Rachel J. Scherle on behalf of United States of America (Scherle, Rachel) (Entered: 01/18/2023)

Jan. 18, 2023

Jan. 18, 2023

PACER
7

Withdrawal of Attorney by David L.D. Faith. (Faith, David) (Entered: 01/18/2023)

Jan. 18, 2023

Jan. 18, 2023

PACER
8

Joint MOTION to Appoint as Monitor - James Bailey by United States of America.Motions referred to Stephen B. Jackson, Jr. Responses due by 3/3/2023. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Proposed Monitor C.V., # 3 Text of Proposed Order)(Steege, Sarah) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
9

***Filed in Error*** NOTICE of Appearance by Laura Kron on behalf of State of Iowa (Kron, Laura) Modified on 3/5/2023 (kjw). (Entered: 02/20/2023)

Feb. 20, 2023

Feb. 20, 2023

PACER
10

NOTICE of Appearance by Laura Kron on behalf of All Defendants (Kron, Laura) (Entered: 02/23/2023)

Feb. 23, 2023

Feb. 23, 2023

PACER
11

ORDER Granting 8 Joint Motion to Appoint Monitor. See order for particulars. Signed by Judge Rebecca Goodgame Ebinger on 2/27/2023. (h) (Entered: 02/27/2023)

Feb. 27, 2023

Feb. 27, 2023

PACER
12

Sealed Document Monitor's 2023 Budget by United States of America. (Attachments: # 1 Attachment)(Scherle, Rachel) (Entered: 04/07/2023)

April 7, 2023

April 7, 2023

PACER
13

Sealed Document Amended Monitor's Budget 2023 by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Scherle, Rachel) (Entered: 04/10/2023)

April 10, 2023

April 10, 2023

PACER
14

STATUS REPORT Monitor's Glenwood Resource Center Baseline Report by United States of America. (Attachments: # 1 Attachment A)(Scherle, Rachel) (Entered: 05/15/2023)

May 15, 2023

May 15, 2023

PACER
15

NOTICE of Appearance by Laura Kron on behalf of All Defendants (Kron, Laura) (Entered: 05/26/2023)

May 26, 2023

May 26, 2023

PACER
16

MOTION Joint Motion for Status Conference by United States of America.Motions referred to Stephen B. Jackson, Jr. Responses due by 7/19/2023. (Scherle, Rachel) (Entered: 07/05/2023)

July 5, 2023

July 5, 2023

PACER
17

TEXT ORDER Granting 16 Joint Motion for Status Conference. The Court sets a video status conference for 11/16/2023 at 11:00 a.m. Chambers will provide counsel with login information closer to the time of the conference. Signed by Judge Rebecca Goodgame Ebinger on 7/21/2023. (h) (Entered: 07/21/2023)

July 21, 2023

July 21, 2023

PACER

~Util - Set Hearings

July 21, 2023

July 21, 2023

PACER

Miscellaneous Relief

July 21, 2023

July 21, 2023

PACER

Video Status Conference set for 11/16/2023 at 11:00 AM in Des Moines - Room 160 - 1st Floor North - Video Proceeding before Judge Rebecca Goodgame Ebinger. Signed by Judge Rebecca Goodgame Ebinger on 7/21/2023. (h)

July 21, 2023

July 21, 2023

PACER
18

STATUS REPORT Monitor's First Report - Glenwood Resource Center by United States of America. (Attachments: # 1 Attachment A)(Scherle, Rachel) (Entered: 10/26/2023)

Oct. 26, 2023

Oct. 26, 2023

PACER
19

NOTICE of Appearance by Robert Joseph Thole on behalf of All Defendants (Thole, Robert) (Entered: 11/01/2023)

Nov. 1, 2023

Nov. 1, 2023

PACER

Continue

Nov. 1, 2023

Nov. 1, 2023

PACER
20

Joint MOTION to Continue Status Conference by United States of America.Motions referred to Stephen B. Jackson, Jr. Responses due by 11/15/2023. (Scherle, Rachel) (Entered: 11/01/2023)

Nov. 1, 2023

Nov. 1, 2023

PACER
21

TEXT ORDER Granting 20 Joint Motion to Continue Status Conference. The video status conference is reset for 11/30/2023 at 11:00 AM before Judge Rebecca Goodgame Ebinger. Chambers will provide counsel with login information closer to the time of the conference. Signed by Judge Rebecca Goodgame Ebinger on 11/1/2023. (h) (Entered: 11/01/2023)

Nov. 1, 2023

Nov. 1, 2023

PACER
22

NOTICE of Appearance by Mathew Schutzer on behalf of United States of America (Schutzer, Mathew) (Entered: 11/03/2023)

Nov. 3, 2023

Nov. 3, 2023

PACER

Case Details

State / Territory: Iowa

Case Type(s):

Disability Rights

Intellectual Disability (Facility)

Key Dates

Filing Date: Dec. 1, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The United States Department of Justice, Civil Rights Division

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Glenwood Resource Center (Glenwood, Mills), State

Defendant Type(s):

Jurisdiction-wide

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.

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

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: 2023 - None

Content of Injunction:

Hire

Reasonable Accommodation

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Other requirements regarding hiring, promotion, retention

Reporting

Recordkeeping

Monitoring

Training

Issues

General:

Confidentiality

Failure to supervise

Food service / nutrition / hydration

Government services

Informed consent/involuntary medication

Neglect by staff

Pattern or Practice

Record-keeping

Records Disclosure

Restraints : physical

Staff (number, training, qualifications, wages)

Testing

Totality of conditions

Disability and Disability Rights:

Integrated setting

Least restrictive environment

Mental impairment

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Intellectual/Developmental Disability

Medical care, general

Medication, administration of