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Case Name
CRIPA Investigation of the Laguna Honda Hospital, San Francisco, CA
NH-CA-0001
Docket / Court
none ( No Court )
State/Territory
California
Case Type(s)
Disability Rights-Pub. Accom.
Nursing Home Conditions
Special Collection
Olmstead Cases
Attorney Organization
U.S. Dept. of Justice Civil Rights Division
Case Summary
On February 7, 1997, the Department of Justice (DOJ) launched an investigation under the Civil Rights for Institutionalized Persons Act, 42 U.S.C. § 1997, into conditions at the Laguna Honda Hospital and Rehabilitation Center in San Francisco, California. On May 6, 1998, the Department issued a ...
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On February 7, 1997, the Department of Justice (DOJ) launched an investigation under the Civil Rights for Institutionalized Persons Act, 42 U.S.C. § 1997, into conditions at the Laguna Honda Hospital and Rehabilitation Center in San Francisco, California. On May 6, 1998, the Department issued a report on its findings. The officials found, upon review of medical records, interviews, and on-site surveys, that the Center's conditions violated the residents' constitutional rights. The Center provided inadequate health care services, particularly nursing and specialized rehabilitative services, and inadequate activities and stimulation for residents. The findings also concluded that the Center also made inappropriate use of physical restraints; failed to protect residents from harm; and failed to provide a safe and adequate living environment. Finally, the Center failed to serve residents in the most integrated setting suitable to their needs.
The report recommended changes, including improved supervision and management programs, especially regarding abuse and neglect; and enhanced health care access. Furthermore, the report recommended additional activities and stimulation; increased number of staff and better training for them; and the termination of use of bedrails except where ordered by physicians.
On June 13, 2008, DOJ entered into a comprehensive settlement agreement with the City of San Francisco to addressing outstanding deficiencies at the Center. The agreement required the City to address the DOJ's findings, in part, by developing a rich network of community homes and programs that serve hundreds of former residents of the Center as well as an unquantifiable number of persons who likely who have have been admitted to an institutional setting like the Center but for the newly-established community network.
According to a spreadsheet on CRIPA matters shared by the DOJ, the matter was finally closed in the summer of 2011; the city matter on July 18, the state matter on August 12.
Laura Uberti - 06/18/2006
Jessica Kincaid - 03/29/2015
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Issues and Causes of Action
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Issues
Disability
Integrated setting
Least restrictive environment
General
Individualized planning
Rehabilitation
Restraints : chemical
Restraints : physical
Sanitation / living conditions
Medical/Mental Health
Medical care, general
Plaintiff Type
U.S. Dept of Justice plaintiff
Special Case Type
Out-of-court
Type of Facility
Government-run
Causes of Action
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Case Details
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Defendant(s)
Department of Public Health of the City and County of San Francisco
Laguna Honda Hospital
Plaintiff Description
United States Department of Justice
Indexed Lawyer Organizations
U.S. Dept. of Justice Civil Rights Division
Class action status sought
No
Class action status granted
No
Filed Pro Se
No
Prevailing Party
Plaintiff
Public Int. Lawyer
Yes
Nature of Relief
Injunction / Injunctive-like Settlement
Source of Relief
Settlement
Form of Settlement
Private Settlement Agreement
Order Duration
2008 - 2011
Filed
02/07/1997
Case Closing Year
2011
Case Ongoing
No
Additional Resources
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An Analysis of CRIPA Findings Letters Issued to Jails for Constitutional Violations by the Department of Justice
Date: Apr. 15, 2016
By: Jeff Mellow, Bryce E. Peterson & Mijin Kim (John Jay College of Criminal Justice Faculty)
Citation: Am. J. Crim. Just. (April 2016)
[ Detail ]
[ External Link ]
Documents
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Court
Docket(s)
No docket sheet currently in the collection
General Documents
not recorded
05/06/1998
Findings Letter re: CRIPA Investigation of the Laguna Honda Hospital, San Francisco, CA
NH-CA-0001-0001.pdf
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Detail
not recorded
04/01/2003
Findings Letter re: Investigation of Laguna Honda Hospital and Rehabilitation Center
NH-CA-0001-0003.pdf
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Detail
not recorded
08/03/2004
Findings Letter Re: Laguna Honda Hospital and Rehabilitation Center, San Francisco, California
NH-CA-0001-0002.pdf
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Detail
not recorded
06/13/2008
Settlement Agreement
NH-CA-0001-0004.pdf
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External Link
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Detail
Source: U.S. Department of Justice Civil Rights Division, Disability Rights Section
People
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Plaintiff's Lawyers
Acosta, R. Alexander
(District of Columbia)
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NH-CA-0001-0002
Becker, Grace Chung
(District of Columbia)
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NH-CA-0001-0004
Boyd, Ralph F. Jr.
(District of Columbia)
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NH-CA-0001-0003
Brown Cutlar, Shanetta Y.
(District of Columbia)
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NH-CA-0001-0004
Farano, Richard J.
(District of Columbia)
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NH-CA-0001-0004
Lee, Bill Lann
(District of Columbia)
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NH-CA-0001-0001
Preston, Judith C.
(District of Columbia)
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NH-CA-0001-0004
Saucedo, Luis E.
(District of Columbia)
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NH-CA-0001-0004
Yamaguchi, Michael J.
(California)
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NH-CA-0001-0001
Defendant's Lawyers
Herrera, Dennis J.
(California)
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NH-CA-0001-0004
Renne, Louise H.
(California)
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NH-CA-0001-0001
Van Runkle, Aleeta
(California)
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NH-CA-0001-0004
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