Case: CRIPA Investigation, Pineville (LA)

3:04-cv-00015 | U.S. District Court for the Middle District of Louisiana

Filed Date: Jan. 12, 2004

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On September 19, 1994, the United States Department of Justice (DOJ) instituted an investigation into the conditions of confinement at the Pinecrest Developmental Center in Pineville, Louisiana, pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997. The investigation was instituted due to concerns that the constitutional rights of the residents at Pinecrest were being violated by abuse, neglect, inadequate medical care, inadequate psychiatric care, and failure…

On September 19, 1994, the United States Department of Justice (DOJ) instituted an investigation into the conditions of confinement at the Pinecrest Developmental Center in Pineville, Louisiana, pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997. The investigation was instituted due to concerns that the constitutional rights of the residents at Pinecrest were being violated by abuse, neglect, inadequate medical care, inadequate psychiatric care, and failure to provide residents with adequate training.

On October 12, 1994, the DOJ issued a letter to the state of Louisiana, informing the governor of their intention to investigate the conditions at Pinecrest. From January 9-13, 1995, the DOJ conducted an investigative tour of the facility. On June 29, 1995, the DOJ issued a findings letter to the governor, informing him that they had found unconstitutional conditions at the facility, including inadequate psychiatric care, inadequate behavioral programs, inadequate training programs, excessive use of restraints, inadequate medical care, inadequate nursing services, inadequate nutrition, inadequate occupational therapy, inadequate physical therapy, inadequate record-keeping, and inadequate staffing.

On January 12, 2004, the DOJ filed a lawsuit in the US District Court for the Middle District of Louisiana. On that same day, the parties entered into a settlement agreement, which was approved by Judge James J. Brady. The agreement provided for changes in the areas of restraints, protection from abuse and harm, protection of resident possessions from theft, record-keeping, medical care, dental care, mental healthcare, placement of residents in the least confining environment possible, and nutrition.

On June 15, 2007, Judge Brady granted the parties' joint motion to dismiss. The case is now closed.

Summary Authors

Kristen Sagar (3/21/2007)

Jessica Kincaid (4/9/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/19690334/parties/united-states-of-ame-v-state-of-louisiana/


Judge(s)

Brady, James J. (Louisiana)

Attorney for Plaintiff

Acosta, R. Alexander (District of Columbia)

Ashcroft, John (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Attorney for Defendant

Dawkins, Kathleen (Louisiana)

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Documents in the Clearinghouse

Document

3:04-cv-00015

Docket

United States of America v. State of Louisiana

July 3, 2007

July 3, 2007

Docket

Recommendation to Investigate Pinecrest Developmental Center

CRIPA Investigation

No Court

Sept. 19, 1994

Sept. 19, 1994

Justification Memo

Notice Letter re: Pinecrest Developmental Center, Pineville, Louisiana

CRIPA Investigation

No Court

Oct. 12, 1994

Oct. 12, 1994

Notice Letter

Findings Letter re: CRIPA Investigation of Pinecrest Developmental Center, Pineville, Louisiana

CRIPA Investigation

No Court

June 29, 1995

June 29, 1995

Findings Letter/Report
1

3:04-cv-00015

Complaint

United States of America v. State of Louisiana

Jan. 12, 2004

Jan. 12, 2004

Complaint

3:04-cv-00015

Settlement Agreement

US v. State of Louisiana

Jan. 12, 2004

Jan. 12, 2004

Settlement Agreement
27

3:04-cv-00015

Order

United States of America v. State of Louisiana

June 15, 2007

June 15, 2007

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/19690334/united-states-of-ame-v-state-of-louisiana/

Last updated Feb. 7, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (sah) (Entered: 01/12/2004)

Jan. 12, 2004

Jan. 12, 2004

Clearinghouse
2

UNCONTESTED MOTION by United States of Ame To Enter Settlement Agreement (sah) (Entered: 01/12/2004)

Jan. 12, 2004

Jan. 12, 2004

PACER
3

ORDER granting [2-1] motion To Enter Settlement Agreement by United States of Ame ( signed by Judge James J. Brady ), issued notices. (sah) (Entered: 01/12/2004)

Jan. 12, 2004

Jan. 12, 2004

PACER

Case closed (sah)

Jan. 12, 2004

Jan. 12, 2004

PACER
4

MOTION for Extension of Certin Timelines Within The Settlement Agreement by United States of America, State of Louisiana. (SAH, ) (Entered: 10/04/2005)

Sept. 30, 2005

Sept. 30, 2005

PACER
5

MEMORANDUM in Support of 4 MOTION for Extension of of Certain Timelines Within The Settlement Agreement filed by United States of America, State of Louisiana. (SAH, ) (Entered: 10/04/2005)

Sept. 30, 2005

Sept. 30, 2005

PACER
6

ORDER granting 4 Motion for Extension of Certin Timelines Within the Settlement Agreement . Signed by Judge James J. Brady on 10/4/05. (SAH, ) (Entered: 10/05/2005)

Oct. 4, 2005

Oct. 4, 2005

PACER
7

MOTION for Richard J Farano to Appear Pro Hac Vice by United States of America. (SAH, ) (Entered: 01/11/2006)

Jan. 10, 2006

Jan. 10, 2006

PACER
8

MOTION for Judith C. Preston to Appear Pro Hac Vice by United States of America. (SAH, ) (Entered: 01/11/2006)

Jan. 10, 2006

Jan. 10, 2006

PACER
9

MOTION for Sarah H. Gerhart to Appear Pro Hac Vice by United States of America. (SAH, ) (Entered: 01/11/2006)

Jan. 10, 2006

Jan. 10, 2006

PACER
13

MOTION for Elizabeth A. Welsh to Appear Pro Hac Vice by United States of America. (SAH, ) (Entered: 01/11/2006)

Jan. 10, 2006

Jan. 10, 2006

PACER
10

ORDER granting 9 Motion for Sarah H. Gerhart to Appear Pro Hac Vice . Signed by Judge Christine Noland on 1/10/06. (SAH, ) (Entered: 01/11/2006)

Jan. 11, 2006

Jan. 11, 2006

PACER
11

ORDER granting 8 Motion for Judith C. Preston to Appear Pro Hac Vice . Signed by Judge Christine Noland on 1/10/2006. (SAH, ) (Entered: 01/11/2006)

Jan. 11, 2006

Jan. 11, 2006

PACER
12

ORDER granting 7 Motion for Richard J Farano to Appear Pro Hac Vice . Signed by Judge Christine Noland on 1/10/2006. (SAH, ) (Entered: 01/11/2006)

Jan. 11, 2006

Jan. 11, 2006

PACER
14

ORDER granting 13 Motion for Elizabeth A. Welsh to Appear Pro Hac Vice . Signed by Judge Christine Noland on 1/10/2006. (SAH, ) (Entered: 01/11/2006)

Jan. 11, 2006

Jan. 11, 2006

PACER
15

Notice to Counsel : Status Conference is set for 8/18/2006 at 02:00 PM in chambers before Judge James J. Brady. (SAH, ) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

PACER
16

Notice to Counsel: The status conference previously scheduled for FRIDAY, AUGUST 18, 2006 before U.S. District Judge James J. Brady in Chambers is CANCELLED...The parties are directed to submit a letter to the court regarding the status of this case within 30 days. (NLT, ) (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

PACER
17

NOTICE AND ORDER Status Conference is reset for 8/18/2006 at 09:00 AM in chambers before Judge James J. Brady.. Signed by Judge James J. Brady on 8/17/2006.(SAH, ) (Entered: 08/17/2006)

Aug. 17, 2006

Aug. 17, 2006

PACER
18

NOTICE AND ORDER.... A status conference was held this day, with the participants listed on the attached sheet.Discussion was held relative to the status of the case. The parties will contact the court on Monday to set dates for another conference and for a hearing in January.... Signed by Judge James J. Brady on 8/18/2006.(SAH, ) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

PACER
19

NOTICE AND ORDER Status Conference is set for 11/3/2006 at 01:30 PM in chambers before Judge James J. Brady.. Signed by Judge James J. Brady on 8/22/2006.(SAH, ) (Entered: 08/22/2006)

Aug. 22, 2006

Aug. 22, 2006

PACER
20

ORDER ... RESET Hearings Status Conference set for 11/30/2006 at 01:30 PM before Judge James J. Brady.. Signed by Judge James J. Brady on 9/28/06.(HCJ, ) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

PACER
21

Joint MOTION for Extension of Time of Certain Timelines and to Terminate Certain Provisions Within the Settlement Agreement by United States of America, State of Louisiana. (Gaupp, John) (Entered: 01/08/2007)

Jan. 8, 2007

Jan. 8, 2007

PACER
22

MEMORANDUM in Support of 21 Joint MOTION for Extension of Time of Certain Timelines and to Terminate Certain Provisions Within the Settlement Agreement filed by United States of America, State of Louisiana. (Gaupp, John) (Entered: 01/08/2007)

Jan. 8, 2007

Jan. 8, 2007

PACER
23

ORDER granting 21 Joint MOTION for Extension of Time of Certain Timelines and to Terminate Certain Provisions Within the Settlement Agreement...as stated herein. Signed by Judge James J. Brady on 1/16/07. (BP, ) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

PACER
24

ORDER: The hearing presently set for 06/15/07, will commence at 9:00 am in a courtroom to be announced.. Signed by Judge James J. Brady on 04/16/07. (PAH, ) (Entered: 04/16/2007)

April 16, 2007

April 16, 2007

PACER
25

Joint MOTION to Dismiss by United States of America and State of LA. (Gaupp, John) Modified on 6/14/2007 to add filer (PAH, ). (Entered: 06/14/2007)

June 14, 2007

June 14, 2007

PACER
26

MEMORANDUM in Support of 25 Joint MOTION to Dismiss filed by United States of America and State of LA. (Gaupp, John) Modified on 6/14/2007 to add filer(PAH, ). (Entered: 06/14/2007)

June 14, 2007

June 14, 2007

PACER
27

ORDER granting 25 Joint MOTION to Dismiss filed by United States of America, State of Louisiana and this case is dismissed with prejudice.. Signed by Judge James J. Brady on 06/15/07. (PAH, ) (Entered: 06/15/2007)

June 15, 2007

June 15, 2007

Clearinghouse
28

Minute Entry for proceedings held before Judge James J. Brady : Motion Hearing held on 6/15/2007 re 25 Joint MOTION to Dismiss filed by United States of America, State of Louisiana..The court grants the 25 motion to Dismiss(Court Reporter E. Champion.) (PAH, ) (Entered: 06/18/2007)

June 15, 2007

June 15, 2007

PACER
29

TRANSCRIPT of Hearing to Terminate Provisions within the Settlement Agreement Proceedings held on 6/15/07 before Judge JJB. Court Reporter: EOC. (HCJ, ) (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Intellectual Disability (Facility)

Key Dates

Filing Date: Jan. 12, 2004

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States 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: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Pinecrest Developmental Center (Pineville), State

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.

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2004 - 2007

Issues

General:

Education

Food service / nutrition / hydration

Neglect by staff

Record-keeping

Restraints : physical

Staff (number, training, qualifications, wages)

Jails, Prisons, Detention Centers, and Other Institutions:

Habilitation (training/treatment)

Assault/abuse by staff (facilities)

Disability and Disability Rights:

Least restrictive environment

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Mental health care, general

Mental health care, unspecified

Type of Facility:

Government-run