On July 10, 1986, the U.S. Department of Justice filed a lawsuit against the State of Colorado under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 in the U.S. District Court for the District of Colorado. The government asked the court for injunctive relief, ...
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On July 10, 1986, the U.S. Department of Justice filed a lawsuit against the State of Colorado under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 in the U.S. District Court for the District of Colorado. The government asked the court for injunctive relief, alleging that the conditions of confinement at Wheat Ridge Regional Center, a mental institution in Denver, Colorado, violated the residents' constitutional rights. Specifically, the State failed to provide residents with adequate medical care and to protect their personal safety. The defendants also failed to employ a sufficient number of trained staff, and the staff failed to ensure that restraints were used only when necessary.
The government's Complaint was prompted by its investigation, summarized in a report sent to the State on December 12, 1984, in which the conditions of the facility were found to violate the residents' constitutional rights, particularly in the areas of medical care, medication practices, neglect, and staff training.
On July 23, 1986, the parties entered into a Consent Decree, which the court (Judge Sherman G. Finesilver) approved the same day. The parties agreed to ensure that the residents' rights to personal safety were protected, including threats from staff and unnecessary physical restraints; that residents would receive proper medical treatment and medication; and that the facility would maintain a sufficient number of trained staff who would outline treatment plans for the residents.
According to the PACER docket, the Court of Appeals for the Tenth Circuit vacated the district court's Judgment, entered on June 25, 1991, regarding a Stipulation between the parties. The docket also shows that the parties filed Joint Notice of Agreement to Dismiss on September 20, 1991.
We have only part of the docket and thus have no further information on this case.Laura Uberti - 07/17/2006