On June 12, 1987, several involuntarily committed persons with intellectual disabilities residing at the Cleveland Developmental Center [CDC] filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in U.S. District Court for the Northern District of Ohio, challenging conditions at the CDC.
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On June 12, 1987, several involuntarily committed persons with intellectual disabilities residing at the Cleveland Developmental Center [CDC] filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in U.S. District Court for the Northern District of Ohio, challenging conditions at the CDC.
The complaint named as defendants the Ohio Department of Mental Retardation and Developmental Disabilities (ODMR/DD) and CDC officials. The Ohio Department of Human Services (ODHS) and its director, and other agencies and officials were subsequently added as defendants.
Defendants moved to dismiss the complaint. The District Court (Judge Alvin I. Krenzler) granted defendants' motion in part and denied it in part. Nicoletti v. Brown, 740 F.Supp. 1268 (N.D. Ohio 1987). A Second Amended Complaint was subsequently filed and additional plaintiffs intervened in the action. Additional claims were made regarding conditions at the Broadview and Warrensville Developmental Centers.
The PACER docket is incomplete and is missing blocks of entries. As a result, we do not know what substantive case activity took place in 1988 and 1989.
According to the docket, on June 19, 1990, a settlement conference was held by the District Court (Judge Alvin I. Krenzler), at which time the case was resolved.
On August 8, 1990, the District Court (Judge Alvin I. Krenzler) entered a Consent Order, which dissolved prior court orders. The Consent Order directed the ODMR/DD defendants to comply with Medicaid ICF/MR standards at BDC and WDC. It further ordered that prior to the transfer of any resident the ODMR/DD was to provide them with a post discharge plan. The Court appointed Anthony DiNuzzo as Special Master. The Court later appointed Susan Arnoczky Ph.D., as a special advisor to the Court regarding the certification of Broadview and other issues relevant to the case.
On October 12 1993, the District Court entered an order dissolving and terminating the Consent Order of 8/8/90 and dismissing the action without prejudice. The Docket notes that the Cleveland and Broadview Developmental Centers had been closed and that the Warrensville Developmental Center had been certified under the Medicaid program as an Intermediate Care Facility for the Mentally Retarded.
Dan Dalton - 03/15/2007
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