On October 21, 1996, four advocacy groups, the People First of Washington, the Arc of Washington State, the Autism Society of Washington, and the Washington Protection and Advocacy System (WPAS), and several individuals filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the ...
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On October 21, 1996, four advocacy groups, the People First of Washington, the Arc of Washington State, the Autism Society of Washington, and the Washington Protection and Advocacy System (WPAS), and several individuals filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Western District of Washington, challenging the dangerous conditions at Rainier School, Washington's largest state-operated residential habilitation center for people with intellectual disabilities. Plaintiffs alleged violations of their constitutional rights and rights guaranteed by the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the Social Security Act. Plaintiffs sought declaratory and injunctive relief, as well as class action certification.
Plaintiffs' Complaint detailed numerous deficiencies and incidents of abuse, neglect and injury which occurred at the Rainier School. The Complaint alleged inadequate basic care, substandard medical care, excessive injury and abuse, inadequate habilitation and training, inadequate behavior management, and lax discharge planning and community placement at the Rainier School. Plaintiffs sought injunctive relief to correct the conditions and to allow residents to be transferred to integrated community settings.
On March 21, 1997, the District Court (Judge Franklin D. Burgess) granted defendants' motion to strike the complaint. Plaintiffs were granted leave and directed to file an amended complaint, which was filed on April 8, 1997.
Plaintiffs' motion for class certification was denied on May 1, 1997. The District Court allowed the group Friends of Rainier, Inc. to intervene as a intervenor/defendant.
On January 27, 1998, the parties filed a joint motion to stay the proceedings and for adoption of the Settlement Agreement. The District Court granted the motion on February 5, 1998 and stayed the case. A hyper-link to the Settlement Agreement was not available on the PACER docket and it terms are not known.
The Court entered a Stipulation and Order on December 6, 1999, granting the parties joint motion to voluntarily dismiss the case with prejudice. Plaintiffs were awarded attorneys fees and costs in the amount of $75,000.00.Dan Dalton - 03/20/2007