Case: DOJ CRIPA Investigation of the Whitten Center in Clinton (SC)

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Case Summary

On February 8, 1995, the Civil Rights Division of the U.S. Department of Justice [DOJ] sent notice to the State of South Carolina that it was conducting an investigation into the conditions of confinement at the Whitten Center in Clinton, South Carolina, pursuant to its authority under the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997 et seq. Whitten was a state-operated institution housing approximately 800 developmentally disabled children and adults.The DOJ advise…

On February 8, 1995, the Civil Rights Division of the U.S. Department of Justice [DOJ] sent notice to the State of South Carolina that it was conducting an investigation into the conditions of confinement at the Whitten Center in Clinton, South Carolina, pursuant to its authority under the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997 et seq. Whitten was a state-operated institution housing approximately 800 developmentally disabled children and adults.

The DOJ advised the State that it would be examining resident safety, the adequacy of medical care, training, staffing, the use of psychotropic medication, and issues involving community placement.

The DOJ's decision to launch a formal investigation followed interviews with employees of the South Carolina Protection & Advocacy System for the Handicapped, Inc., and a parent of a Whitten resident, who reported various instances of daily abuse and neglect at Whitten. The abuse included residents being left unattended, sitting in their own urine and feces for hours. 10 unexplained resident deaths were said to have occurred in just one month.

Additional information regarding abuse came from reports of state surveyors, who annually enforced the Health Care Financing Administration's ("HCFA") Title XIX regulations by inspecting the Whitten facility. One report, for example, noted that on a recent visit surveyors noted full urinals, toilets with unflushed feces, and dirty clothes with bad odors.

A separate State-generated report of incidents of reported abuse, listed 44 separate allegations of abuse at Whitten during the fiscal year 1992-93.

A spreadsheet on CRIPA matters shared by the DOJ does not show any additional action (no findings letter or lawsuit is noted) until the matter was closed on March 1, 2002.

Note: The same spreadsheet shows an earlier matter involving a Whitten Center listed as being in Laurens, South Carolina. Laurens is the name of both the county in which Clinton is situated, and also a town in that county. It's unclear whether this earlier matter involved the same facility or a related one. In any event, apparently no formal investigation was opened, and the preliminary inquiry was closed Sept. 15, 1993. (DJ 168-67-85)

Summary Authors

Dan Dalton (3/19/2007)

People


Attorney for Plaintiff

Patrick, Deval L. (District of Columbia)

Peabody, Arthur E. Jr. (District of Columbia)

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Documents in the Clearinghouse

Document

Recommendation to Investigate

CRIPA Investigation

Dec. 21, 1994

Dec. 21, 1994

Justification Memo

Notice Letter: Investigation of Whitten Center

CRIPA Investigation

Feb. 8, 1995

Feb. 8, 1995

Notice Letter

Docket

Last updated Aug. 30, 2023, 1:47 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: South Carolina

Case Type(s):

Intellectual Disability (Facility)

Key Dates

Case Ongoing: No reason to think so

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

Whitten Center (Clinton), State

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Special Case Type(s):

Out-of-court

Available Documents:

None of the above

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Unknown

Source of Relief:

Unknown

Issues

General:

Communication skills

Education

Individualized planning

Juveniles

Neglect by staff

Sanitation / living conditions

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Confinement/isolation

Habilitation (training/treatment)

Assault/abuse by staff (facilities)

Disability and Disability Rights:

Integrated setting

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Medical care, unspecified

Medication, administration of