On April 27, 1988, persons with intellectual disabilities residing at Greenbrook Manor in Monroe, Michigan, the Kalamazoo Total Living Center in Kalamazoo, Michigan, the Mt. Pleasant Total Living Center in Mt. Pleasant, Michigan, the Taylor Total Living Center in Taylor, Michigan, and the Wayne Total Living Center in Wayne, Michigan, filed a class action lawsuit under the Michigan State Constitution and under 42 U.S.C. § 1983 against the Michigan Department of Mental Health (MDMH) in the Michigan Third Judicial Court in Wayne County, Michigan. The plaintiffs, represented by the Michigan Protection and Advocacy Service, asked the court for declaratory and injunctive relief, as well as damages. They alleged that their constitutional rights had been violated by the defendants' failure to provide the following: habilitation services, psychological services and behavioral management services needed to reduce maladaptive behaviors or self-injurious behaviors, medical services, recreational and social activities, community placements, physical and mental examinations on an annual basis. The plaintiffs alleged that the failure to provide these things constituted discrimination on the basis of their handicaps.

On June 8, 1993, the Michigan Circuit Court for the County of Ingham (Judge James R. Giddings) issued a consent decree in the case. The decree provided for comprehensive assessments and plans of care for each patient, safe and sanitary living conditions, privacy consistent with the care and treatment setting, freedom from unnecessary restraints, adequate medical supervision, record-keeping, regular outdoor physical exercise and recreational activities, a structured habilitative day program, community placements for residents when possible, and $150,000 in attorneys' fees to be paid to the plaintiffs.

We have no further information on the proceedings in this case.

Kristen Sagar - 07/21/2006


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