Case: U.S. v. District of Columbia

1:95-cv-00948 | U.S. District Court for the District of Columbia

Filed Date: May 19, 1995

Closed Date: 1997

Clearinghouse coding complete

Case Summary

On August 19, 1991, the United States Department of Justice [DOJ] issued its findings letter to the mayor of Washington, DC providing details of its investigation of the Village Nursing Home (DC Village) conducted pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA). DC Village was licensed as a long-term-care nursing home for geriatric patients but overflow from other institutions was causing additional residents to be placed in the facility. These residents included adults …

On August 19, 1991, the United States Department of Justice [DOJ] issued its findings letter to the mayor of Washington, DC providing details of its investigation of the Village Nursing Home (DC Village) conducted pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA). DC Village was licensed as a long-term-care nursing home for geriatric patients but overflow from other institutions was causing additional residents to be placed in the facility. These residents included adults with intellectual and severe physical disabilities along with mentally ill children and adults. The investigation determined that DC Village was not providing proper care to residents who were mentally ill or had intellectual disabilities. The conditions that caused constitutional violations included failure to provide adequate training to staff, inadequate psychiatric care, insufficient staff, and inadequate record keeping. The DOJ suggested remedial measures to bring the institution into compliance with constitutional standards.

The DOJ conducted follow-up investigations in 1992 and 1994 and found that the conditions had not improved. Additional problems at the facility included inadequate medical care resulting in the death of many residents. In a letter dated October 11, 1994, the DOJ suggested additional remedial measures to cure the constitutional violations.

On May 19, 1995, the United States filed a lawsuit against the District of Columbia in the United States District Court for the District of Columbia. The complaint alleged violations of the Constitution, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and Titles XIX and XVIII of the Social Security Act. The District of Columbia Long-Term Care Ombudsman intervened in the action. The United States and the Ombudsman moved for preliminary injunction. On July 5, 1995 a hearing was held regarding the preliminary injunction and the parties entered into a stipulated order. The District of Columbia agreed to implement a number of remedies, including changing specific medical practices related to the treatment of ulcers and incontinence. It agreed to provide adequate nursing staff, remedy shortages in food and other supplies, to place patients with intellectual disabilities into community-based or residential programs, and to pay vendors providing services to the facility. Court monitor Harriet Fields provided reports regarding the District's compliance.

In August of 1995, the District decided to close the facility and failed to provide a plan for the transfer of residents to other facilities. It failed to follow the terms of the previous stipulation and began transferring patients without supervision by the court. On December 20, 1995, the district court (Judge Thomas F. Hogan) granted the United States' motion for contempt due to the District's non-compliance with the stipulated order. On February 23, 1996, Judge Hogan ordered the suspension of the outplacement of DC Village's residents until it complied with previous court orders by creating a transition team to ensure that placement decisions were made on an individualized basis.

The Court Monitor's reports indicated that the District was also not compliant in paying its vendors and Judge Hogan entered several orders regarding this issue.

A letter from the Court Monitor on June 28, 1996 noted that all patients at DC Village had been outplaced but that the District was refusing to provide payment to the Georgetown University Child Development Center (GUCDC) for the services it provided in the outplacement process. On July 15, 1996, Judge Hogan ordered the District to pay GUCDC. Judge Hogan denied a motion to dismiss the monitor in order to evaluate the former resident's placements and determine whether they were appropriate.

The Court Monitor provided a final report on January 21, 1997, which included testimonials of former residents and indicated that they were in appropriate placements. Judge Hogan entered an Order on May 12, 1997, closing the case and ordering the District to pay $100 to each former resident and $50,000 to the Ombudsman.

Summary Authors

Angela Heverling (5/21/2007)

People


Judge(s)
Attorney for Plaintiff

Deutsch, David (District of Columbia)

Dunne, John R. (District of Columbia)

Farano, Richard J. (District of Columbia)

Attorney for Defendant

Bolden, Melvin W. Jr. (District of Columbia)

Earle, William J. (District of Columbia)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

1:95-cv-00948

Docket (PACER)

May 23, 1997

May 23, 1997

Docket

Findings Letter re: CRIPA Investigation of D.C. Village Nursing Home, District of Columbia

No Court

Aug. 19, 1991

Aug. 19, 1991

Findings Letter/Report

Findings Letter re: CRIPA Investigation of D.C. Village Nursing Home, District of Columbia

No Court

Oct. 11, 1994

Oct. 11, 1994

Findings Letter/Report
1

1:95-cv-00948

Complaint

May 19, 1995

May 19, 1995

Complaint

1:95-cv-00948

Declarations of Parties

June 15, 1995

June 15, 1995

Pleading / Motion / Brief
3

1:95-cv-00948

Memorandum in Support of the United States' Motion for a Preliminary Injunction to Enjoin Dangerous and Life-Threatening Practices and to Ensure Basic Care, Services and Treatment

June 19, 1995

June 19, 1995

Pleading / Motion / Brief
3

1:95-cv-00948

United States' Motion for a Preliminary Injunction to Enjoin Dangerous and Life-Threatening Practices and to Ensure Basic Care, Services and Treatment

June 19, 1995

June 19, 1995

Pleading / Motion / Brief
21

1:95-cv-00948

Stipulated Order to Remedy the United States' and the Ombudsman's Motions for a Preliminary Injunction

July 6, 1995

July 6, 1995

Order/Opinion

1:95-cv-00948

Re: Stipulated Order enter on July 6, 1995

Aug. 6, 1995

Aug. 6, 1995

Monitor/Expert/Receiver Report
39

1:95-cv-00948

Preliminary Status Report

Sept. 6, 1995

Sept. 6, 1995

Monitor/Expert/Receiver Report

Docket

Last updated March 19, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by plaintiff USA (ks) (Entered: 05/22/1995)

May 19, 1995

May 19, 1995

CASE REFERRED by Judge Hogan to Magistrate Judge Alan Kay for full case management. (ks) (Entered: 05/24/1995)

May 19, 1995

May 19, 1995

2

ORDER by Judge Thomas F. Hogan : vacating the referral of this case to the Magistrate Judge (N) (ks) (Entered: 05/24/1995)

May 24, 1995

May 24, 1995

3

MOTION filed by plaintiff USA for preliminary injunction to enjoin dangerous and life-threatening practices and to ensure basic care, services and treatment ; Exhibits (blj) (Entered: 06/20/1995)

June 19, 1995

June 19, 1995

4

MOTION filed for D.C. LONG-TERM CARE to intervene as a plaintiff ; EXHIBIT (COMPLAINT) (ks) (Entered: 06/22/1995)

June 21, 1995

June 21, 1995

6

ATTORNEY APPEARANCE for movant D.C. LONG-TERM CARE by William A. Isaacson (ks) (Entered: 06/28/1995)

June 22, 1995

June 22, 1995

7

ATTORNEY APPEARANCE for defendants by Barbara J. Mann (ks) (Entered: 06/28/1995)

June 22, 1995

June 22, 1995

8

ATTORNEY APPEARANCE for movant D.C. LONG-TERM CARE by Michael Robert Schuster (ks) (Entered: 06/28/1995)

June 22, 1995

June 22, 1995

13

ORDER by Judge Thomas F. Hogan : exhibit lists by all parties due 7/3/95 ; motion hearing set for 1:30 7/5/95 ; witness lists by all parties due 6/30/95 ; (N) (gew) (Entered: 06/29/1995)

June 22, 1995

June 22, 1995

STATUS HEARING before Judge Thomas F. Hogan : Reporter: continued until 7-5-95 at 1:30 pm for preliminary injunction hearing. Anneliese Thomson (gew) (Entered: 07/06/1995)

June 22, 1995

June 22, 1995

5

MOTION filed by movant D.C. LONG-TERM CARE for preliminary injunction , and petition for a monitor ; Exhibits (4) (ks) (Entered: 06/27/1995)

June 23, 1995

June 23, 1995

9

WAIVER OF SERVICE returned executed by defendants DC, MARION BARRY, VERNON HAWKINS, FRANCES BOWIE, ALBERTA BRASFIELD . Date waiver sent: 5/22/95; attachments (5) (blj) (Entered: 06/28/1995)

June 27, 1995

June 27, 1995

10

NOTICE OF FILING by plaintiff USA that they do not oppose the motion to intervene (ks) (Entered: 06/29/1995)

June 28, 1995

June 28, 1995

14

ORDER by Judge Thomas F. Hogan : defendants shall file an opposition to plaintiff's motion for preliminary injunction by 06/28/95 at 2:00 pm; plaintiff shall file any reply to the defendants' opposition to the motion for preliminary injunction by 07/03/95; all other provisions of the Court's June 22, 1995 order remain in full effect (N) (gew) (Entered: 06/29/1995)

June 28, 1995

June 28, 1995

11

RESPONSE by defendant DC in opposition to motion for D.C. LONG-TERM CARE to intervene as a plaintiff [4-1] . (ks) (Entered: 06/29/1995)

June 29, 1995

June 29, 1995

12

RESPONSE by defendant DC in opposition to motion for preliminary injunction [5-1] and for a monitor [5-2] by D.C. LONG-TERM CARE, and motion for preliminary injunction [3-1] by USA; Exhibits A thru V (Bukly) (ks) (Entered: 06/29/1995)

June 29, 1995

June 29, 1995

15

WITNESS LIST by movant D.C. LONG-TERM CARE (ks) (Entered: 07/03/1995)

June 30, 1995

June 30, 1995

16

WITNESS LIST by plaintiff USA (ks) (Entered: 07/03/1995)

June 30, 1995

June 30, 1995

17

WITNESS LIST by defendant DC (ks) (Entered: 07/03/1995)

June 30, 1995

June 30, 1995

18

EXHIBIT list for the DISTRICT OF COLUMBIA (dot) (Entered: 07/03/1995)

June 30, 1995

June 30, 1995

19

WITNESS LIST by movant D.C. LONG-TERM CARE (ks) (Entered: 07/05/1995)

July 3, 1995

July 3, 1995

20

REPLY by plaintiff USA to response to motion for preliminary injunction to enjoin dangerous and life-threatening practices and to ensure basic care, services and treatment [3-1] by USA; Declaration (1); List of Exhibits (ks) (Entered: 07/05/1995)

July 3, 1995

July 3, 1995

22

REPLY by movant D.C. LONG-TERM CARE to response to motion for D.C. LONG-TERM CARE to intervene as a plaintiff [4-1] (ks) (Entered: 07/06/1995)

July 5, 1995

July 5, 1995

23

MOTION filed by movant D.C. LONG-TERM CARE for protective order (ks) (Entered: 07/06/1995)

July 5, 1995

July 5, 1995

MOTION for PRELIMINARY INJUNCTION HEARING before Judge Thomas F. Hogan; Case settled; OTBP Reporter: Anneliese Thomson (gew) (Entered: 07/07/1995)

July 5, 1995

July 5, 1995

21

STIPULATED ORDER by Judge Thomas F. Hogan : remeding the United States' and the Ombudsman's Motions for a preliminary injunction. (N) (gew) (Entered: 07/06/1995)

July 6, 1995

July 6, 1995

28

INTERVENOR'S COMPLAINT against defendants (ks) (Entered: 07/25/1995)

July 7, 1995

July 7, 1995

24

NOTICE OF FILING by plaintiff USA, movant D.C. LONG-TERM CARE of nomination of Court Monitor; Attachment (ks) (Entered: 07/14/1995)

July 13, 1995

July 13, 1995

25

ANSWER TO COMPLAINT [1-1] by defendants. (ks) Modified on 07/26/1995 (Entered: 07/24/1995)

July 21, 1995

July 21, 1995

26

RESPONSE by defendants to the nomination of Court monitor [24-1] by D.C. LONG-TERM CARE, USA (ks) (Entered: 07/24/1995)

July 21, 1995

July 21, 1995

29

ANSWER TO INTEVENOR'S COMPLAINT [28-1] by defendants DC, MARION BARRY, VERNON HAWKINS, FRANCES BOWIE, ALBERTA BRASFIELD . (ks) (Entered: 07/25/1995)

July 21, 1995

July 21, 1995

27

MOTION filed by defendant DC to clarify the duties of the monitor in the Order of Court appointing the monitor ; Exhibits (3) (ks) (Entered: 07/25/1995)

July 24, 1995

July 24, 1995

30

ORDER by Judge Thomas F. Hogan : granting motion for D.C. LONG-TERM CARE to intervene as a plaintiff; directing that Intervenor Plaintiff's Complaint shall be deemed filed as of this date. [4-1] (N) (gew) Modified on 07/26/1995 (Entered: 07/26/1995)

July 25, 1995

July 25, 1995

32

RESPONSE by plaintiff-intervenor D.C. LONG-TERM CARE in opposition to motion to clarify the duties of the monitor in the Order of Court appointing the monitor [27-1] by DC . (bm) (Entered: 07/28/1995)

July 27, 1995

July 27, 1995

33

ORDER by Judge Thomas F. Hogan : denying motion to clarify the duties of the monitor in the Order of Court appointing the monitor [27-1] by DC; that Dr. Harriet Fields is hereby appointed as Monitor pursuant to the July 6 order. (N) (dot) (Entered: 08/01/1995)

Aug. 1, 1995

Aug. 1, 1995

34

NOTICE OF FILING by defendant DC the compliance report pursuant to paragraph F of the consent Order entered July 6, 1995; Attachments (5) BULKY (blj) (Entered: 08/16/1995)

Aug. 15, 1995

Aug. 15, 1995

35

MEET AND CONFER STATEMENT/REPORT PURSUANT TO L.R. 206(d) filed by plaintiff USA, intervenor-plaintiff D.C. LONG-TERM CARE; Declaration (1) (ks) (Entered: 08/16/1995)

Aug. 15, 1995

Aug. 15, 1995

36

MEET AND CONFER STATEMENT/REPORT PURSUANT TO L.R. 206(d) filed by defendants DC, MARION BARRY, VERNON HAWKINS, FRANCES BOWIE, ALBERTA BRASFIELD . (blj) (Entered: 08/30/1995)

Aug. 29, 1995

Aug. 29, 1995

37

ORDER by Judge Thomas F. Hogan : directing the Clerk of the Court to pay $6,444.57 to Dr. Harriet Fields, 1722 19th Street, N.W. #604, Washington, D. C. 20009; this sum shall be drawn from the $50,000 fund established by separate order today. Payment shall be made within ten days of receipt of the defendant's initial deposit. directing the defendants to replenish the fund with the full amount paid by the Clerk within fourteen days of the entry of this order. (N) (gew) (Entered: 09/07/1995)

Sept. 6, 1995

Sept. 6, 1995

38

ORDER by Judge Thomas F. Hogan : adopting the Monitor's proposed budget with the following terms: Within one week of the entry of this Order, defendants shall deposit $50,000 into the Registry of this Court as interim payment of costs incurred by the Monitor. This deposit and all other deposits pursuant to this order, shall be held in the Court Registry Investment System and shall be subject to the standard registry fee imposed on depositors. Within fourteen days of the entry of each order authorizing payment, the defendants shall replenish the fund with the full amount paid by the Clerk in oder to restore the fund's total to $50,000. This order adopting the Monitor's budget may be amended should the parties notify the Court that the problems addressed in the stipulated order have been resolved sooner than anitcipated. (See Order For Further Details) (N) (gew) (Entered: 09/07/1995)

Sept. 6, 1995

Sept. 6, 1995

39

BUDGET REPORT FOR COURT MONITORING ACTIVITIES BY HARRIET A. FIELDS, ED.D., R.N. - LET THIS BE FILED - FIATED BY JUDGE THOMAS F. HOGAN (gew) (Entered: 09/07/1995)

Sept. 6, 1995

Sept. 6, 1995

STATUS HEARING before Judge Thomas F. Hogan : Reporter: Anneliese Thomson (gew) (Entered: 09/13/1995)

Sept. 11, 1995

Sept. 11, 1995

41

ORDER by Judge Thomas F. Hogan : status hearing set for 10/20/95 ; directing plaintiffs to file a proposed order regarding modification of the Monitor's responsibilities by 9/13/95 ; defendant shall file and opposition to this order by 09/20/95 ; directing the defendants to pay the sum of $6444.57 to Dr. Harriet Fields, 1722 19th Street N.W., Apt. #604, Washington, D. C. 20009 by 09/15/95; the Court will grant no extensions; this order replaces the Court's order of September 6, 1995; granting defendants' oral motion for an extension of time until 09/20/95 to deposit the $50,000 required by the Court's 09/06/95 order. (N) (gew) (Entered: 09/13/1995)

Sept. 12, 1995

Sept. 12, 1995

STATUS HEARING before Judge Thomas F. Hogan : Reporter: Anneliese Thomson (gew) (Entered: 09/13/1995)

Sept. 13, 1995

Sept. 13, 1995

42

MOTION filed by plaintiff USA to clarify the Duties of the Monitor (ks) (Entered: 09/14/1995)

Sept. 13, 1995

Sept. 13, 1995

43

SUPPLEMENTAL MEET AND CONFER REPORT PURSUANT TO L.R. 206(d) filed by plaintiff USA, and defendants DC, MARION BARRY, VERNON HAWKINS, FRANCES BOWIE, ALBERTA BRASFIELD . (ks) (Entered: 09/14/1995)

Sept. 13, 1995

Sept. 13, 1995

44

COMPLIANCE REPORT (30-DAY) by defendants; attachments. BULKY PLEADING (bm) (Entered: 09/18/1995)

Sept. 15, 1995

Sept. 15, 1995

45

MOTION filed by defendant to extend time nunc pro tunc within which to file an adequate and timely response to plaintiff's motion for an enlargement of time (blj) (Entered: 09/21/1995)

Sept. 20, 1995

Sept. 20, 1995

46

RESPONSE (OPPOSITIONS) by defendants to motion to clarify the Duties of the Monitor [42-1] by USA (blj) (Entered: 09/25/1995)

Sept. 22, 1995

Sept. 22, 1995

47

ORDER by Judge Thomas F. Hogan : granting motion to extend time nunc pro tunc within which to file an adequate and timely response to plaintiff's motion for an enlargement of time [45-1] by ALBERTA BRASFIELD, FRANCES BOWIE, VERNON HAWKINS, MARION BARRY, DC; defendant shall file a response to plaintiff's motion not later than 5:000 pm on September 22, 1995. (N) (gew) (Entered: 09/26/1995)

Sept. 22, 1995

Sept. 22, 1995

DEPOSIT in the sum of $50,000.00 by defendants pursuant to Order filed 9/6/95 (ks) (Entered: 09/27/1995)

Sept. 26, 1995

Sept. 26, 1995

48

ATTORNEY APPEARANCE for defendants by Garland Pinkston Jr. (ks) (Entered: 09/29/1995)

Sept. 28, 1995

Sept. 28, 1995

49

RESPONSE (OPPOSITIONS) by defendants to the September 21, 1995 letter of the monitor (blj) (Entered: 09/29/1995)

Sept. 28, 1995

Sept. 28, 1995

50

ORDER by Judge Thomas F. Hogan : Plaintiff-Intervenor shall file a response to U. S. motion to clarify the duties of the Monitor by 10/10/95 ; United States shall file a response due 10/16/95 ; (N) (gew) (Entered: 10/03/1995)

Oct. 2, 1995

Oct. 2, 1995

52

MEMORANDUM by intervenor-plaintiff D.C. LONG-TERM CARE in support of motion to clarify the Duties of the Monitor [42-1] by USA; Attachments (3) (blj) (Entered: 10/12/1995)

Oct. 10, 1995

Oct. 10, 1995

53

STATUS REPORT by defendant 30 day compliance report pursuant to Court Order entered 7/6/95; Attachment (1); Exhibits (3) large bulky vols. (blj) (Entered: 10/17/1995)

Oct. 13, 1995

Oct. 13, 1995

54

REPLY MEMORANDUN by plaintiff USA in support of its motion to clarify the Duties of the Monitor [42-1] by USA.; attachments (2) (blj) (Entered: 10/17/1995)

Oct. 13, 1995

Oct. 13, 1995

55

RESPONSE (OPPOSITIONS) by defendants to plaintiff-intervenor's memorandum and the reply of the USA's in support of the motion to clarify the duties of the monitor (blj) (Entered: 10/19/1995)

Oct. 18, 1995

Oct. 18, 1995

56

ORDER by Judge Thomas F. Hogan : directing the Clerk to pay the sum of $8808.64 to Dr. Harriet Fields, 1722 19th Street, N>W>, #604, Washington, D. C. 20009; Funds for this payment shall be drawn from the account establishe by the defendants' deposit. (N) (gew) (Entered: 10/23/1995)

Oct. 20, 1995

Oct. 20, 1995

STATUS HEARING before Judge Thomas F. Hogan : Reporter: Anneliese Thomson (gew) Modified on 11/16/1995 (Entered: 10/23/1995)

Oct. 20, 1995

Oct. 20, 1995

58

ATTORNEY APPEARANCE for plaintiff USA by David Deutsch (blj) (Entered: 10/24/1995)

Oct. 20, 1995

Oct. 20, 1995

57

TRANSCRIPT filed for date(s) of 10/20/95. Reporter: Anneliese J. Thomson (blj) (Entered: 10/24/1995)

Oct. 24, 1995

Oct. 24, 1995

59

MEMORANDUM by intervenor-plaintiff D.C. LONG-TERM CARE in support of proposed Order of the United States (blj) (Entered: 10/27/1995)

Oct. 26, 1995

Oct. 26, 1995

60

ORDER by Judge Thomas F. Hogan : MODIFYING STIPULATED ORDER OF JULY 6, 1995; this order supplements the Stipulated Order of 07/06/95 which shall remain in full force and effect until dismissed or othewise modified by the Court. (N) (gew) (Entered: 11/13/1995)

Nov. 7, 1995

Nov. 7, 1995

61

EXHIBIT list of defendants DC, MARION BARRY, VERNON HAWKINS, FRANCES BOWIE, ALBERTA BRASFIELD; fourth 30 day compliance report; attatchments (2) vols. (blj) (Entered: 11/16/1995)

Nov. 15, 1995

Nov. 15, 1995

62

ORDER by Judge Thomas F. Hogan : directing the Clerk of Court to pay the sum $2,400.00 to Lucilla Consultants Services, 167 Hall Drive, Sugarland, TX, 77478, for services rendered from September 19 through September 29, 1995. Funds for this payment shall be drawn from the account established by the defendants'deposit. The defendants are reminded that the Court's order of September 6, 1995 requires them to replenish the fund with the full amount paid by the Clerk within fourteen day of entry of this order. (N) (gew) (Entered: 12/01/1995) sum of $10,603.51 to Dr. Harriet Fields, 1722 19th Street, N.W., Suite #604, Washington, D.C. 20009, for services rendered and expenses incurred from October 1 through October 31, 1995. Funds for this payment shall be drawn from the account established by the defendants' deposit. The defendants are reminded that the Court's order of September 6, 1995 requires them to replenish the fund with the full amound paid by the Clerk within fourteen days of entry of this order. (N) (gew) (Entered: 12/01/1995)

Nov. 28, 1995

Nov. 28, 1995

64

NOTICE OF FILING by defendants submission to the Court memorandum of Harvey I. Sloane, M.D.; exhibit (1) (blj) (Entered: 12/04/1995)

Dec. 1, 1995

Dec. 1, 1995

65

MOTION filed by defendants to alter or amend the consent order entered 7/6/95 [21-1] (blj) (Entered: 12/04/1995)

Dec. 1, 1995

Dec. 1, 1995

STATUS HEARING before Judge Thomas F. Hogan : Reporter: Anneliese Thomson (gew) (Entered: 12/08/1995)

Dec. 4, 1995

Dec. 4, 1995

66

TRANSCRIPT filed for date(s) of 12/4/95. Reporter: Anneliese J. Thomson (blj) (Entered: 12/07/1995)

Dec. 7, 1995

Dec. 7, 1995

67

MOTION filed by plaintiff USA for order holding defendants in contempt ; Attachments (6) (blj) (Entered: 12/08/1995)

Dec. 7, 1995

Dec. 7, 1995

70

LETTER to Judge Hogan dated October 6, 1995, from Harriet Fields, Court Monitor modifying Stipulated Order of July 6, 1995. (gew) (Entered: 12/12/1995)

Dec. 7, 1995

Dec. 7, 1995

68

MOTION filed by plaintiff USA for further remedial relief pursuant to the monitor's submissions ; attachments (2) (blj) (Entered: 12/12/1995)

Dec. 11, 1995

Dec. 11, 1995

69

MEMORANDUM by intervenor-plaintiff D.C. LONG-TERM CARE in support of the monitor's report; attachments (3) (blj) (Entered: 12/12/1995)

Dec. 11, 1995

Dec. 11, 1995

STATUS HEARING before Judge Thomas F. Hogan : Reporter: Donald Jacobsen (gew) (Entered: 12/15/1995)

Dec. 12, 1995

Dec. 12, 1995

71

MOTION filed by intervenor-plaintiff D.C. LONG-TERM CARE for emergency injunctive relief and in support of the monitor's report (blj) (Entered: 12/15/1995)

Dec. 14, 1995

Dec. 14, 1995

72

NOTICE OF FILING by defendants DC, MARION BARRY, VERNON HAWKINS, FRANCES BOWIE, ALBERTA BRASFIELD (30) day compliance report; Exhibits (2) vols. (bulky) (blj) (Entered: 12/15/1995)

Dec. 15, 1995

Dec. 15, 1995

73

RESPONSE (OPPOSITIONS) by defendant DC to motion for order holding defendants in contempt [67-1] by USA; attachments (blj) (Entered: 12/18/1995)

Dec. 15, 1995

Dec. 15, 1995

74

NOTICE OF FILING by intervenor-plaintiff D.C. LONG-TERM CARE submits that she has withdrawn her motion for emergency injunctive relief, dated 12/14/95 (blj) (Entered: 12/18/1995)

Dec. 15, 1995

Dec. 15, 1995

75

MOTION filed by defendants DC, MARION BARRY, VERNON HAWKINS, FRANCES BOWIE, ALBERTA BRASFIELD to extend time to file an adequate and timely response to plaintiff's motion for further remedial relief pursuant to the Monitor''s submissions, plaintiff-intervenor's memorandum in supporr of the Monitor's report and to respond to the inquiry of the Court concerning the handling of patient accounts (blj) (Entered: 12/18/1995)

Dec. 15, 1995

Dec. 15, 1995

76

TRANSCRIPT filed for date(s) of 12/12/95. Reporter: Donald J. Jacobsen (blj) (Entered: 12/19/1995)

Dec. 18, 1995

Dec. 18, 1995

77

RESPONSE (OPPOSITIONS) by defendant DC to memorandum in support of the Monitor's report, and the Monitor's 12/6/95, and 12/10/95 letters [69-1] by D.C. LONG-TERM CARE, motion for further remedial relief pursuant to the monitor's submissions [68-1] by USA (blj) (Entered: 12/19/1995)

Dec. 18, 1995

Dec. 18, 1995

78

NOTICE OF FILING by defendants DC, MARION BARRY, VERNON HAWKINS, FRANCES BOWIE, ALBERTA BRASFIELD submits to the Court, memorandum; exhibit (1) (blj) (Entered: 12/20/1995)

Dec. 19, 1995

Dec. 19, 1995

79

NOTICE OF FILING by defendants DC, MARION BARRY, VERNON HAWKINS, FRANCES BOWIE, ALBERTA BRASFIELD submit to the Court, the affidavit of Cecelia J. Bollers; affidavit (1) (blj) (Entered: 12/20/1995)

Dec. 19, 1995

Dec. 19, 1995

80

REPLY by plaintiff USA to defendants' opposition to their motions for contempt and for further remedial relief response [77-1] by DC; attachments (blj) (Entered: 12/20/1995)

Dec. 19, 1995

Dec. 19, 1995

STATUS HEARING before Judge Thomas F. Hogan : Reporter: Anneliiese Thomson (gew) (Entered: 12/21/1995)

Dec. 20, 1995

Dec. 20, 1995

81

TRANSCRIPT filed of status call for date(s) of 12/20/95. Reporter: Anneliese Thomson (ks) (Entered: 12/26/1995)

Dec. 22, 1995

Dec. 22, 1995

82

ORDER by Judge Thomas F. Hogan : granting motion for further remedial relief pursuant to the monitor's submissions [68-1] by USA (N) (gew) (Entered: 12/29/1995)

Dec. 22, 1995

Dec. 22, 1995

83

MOTION filed by defendants to extend time to file the report and complete the medical assessments for an additional five (5) days (ks) (Entered: 01/02/1996)

Dec. 29, 1995

Dec. 29, 1995

84

ORDER by Judge Thomas F. Hogan : granting motion to extend time to file the report and complete the medical assessments for an additional five (5) days [83-1] by ALBERTA BRASFIELD, FRANCES BOWIE, VERNON HAWKINS, MARION BARRY, DC brief due 1/8/96 ; (N) (gew) (Entered: 01/04/1996)

Jan. 3, 1996

Jan. 3, 1996

85

COMPENSATION ORDER by Judge Thomas F. Hogan : directing the Clerk to pay the sum $5,918.52 to Quality Care Assurance, 820 East Park Avenue, Suite E200, Tallahassee, Florida 32301, for services rendered and expenses incurred from August 24 to September 29, 1995. Funds for this payment shall be drawn from the account establishe by the defendants' deposit. The defendants are reminded that the Court's order of September 6, 1995 requires them to replenish the fund with the full amount paid by the Clerk within fourteen days of entry of this order. Payment of the consultants retained by the Monitor shall be addressed in separate orders. (N) (gew) (Entered: 01/17/1996)

Jan. 16, 1996

Jan. 16, 1996

86

COMPEMSATION ORDER by Judge Thomas F. Hogan : directing the Clerk to pay the sum of $12,881.89 to Dr. Harriet Fields, 1722 19th Street Northwest #604, Washington, DC, 20009, for services rendered and expenses incurred from November l through November 30, 1995. (gew) (Entered: 01/17/1996)

Jan. 16, 1996

Jan. 16, 1996

88

MOTION filed by plaintiff USA, intervenor-plaintiff D.C. LONG-TERM CARE to modify the scheduling order to extend discovery deadlines (blj) (Entered: 01/17/1996)

Jan. 16, 1996

Jan. 16, 1996

89

NOTICE OF FILING by defendants submit the bi-weekly report concerning outplacement of residentws with mental retardation from 12/29/95 - 1/12/96, and medical assessments for (3) pusuant to Court's Order entered 12/22/95; attachments (blj) (Entered: 01/17/1996)

Jan. 16, 1996

Jan. 16, 1996

90

MOTION filed by defendant to extend time nunc pro tunc to 1/17/96 file the report and complete the medical assessments required and pursuant to Court's Order entered 1/3/96 (blj) (Entered: 01/17/1996)

Jan. 16, 1996

Jan. 16, 1996

91

NOTICE OF FILING by defendants submit the December, 1995 30 day compliance report; attachments, and (2) vols. (blj) (Entered: 01/18/1996)

Jan. 17, 1996

Jan. 17, 1996

STATUS HEARING before Judge Thomas F. Hogan : Reporter: Anneliese Thomson (gew) (Entered: 01/19/1996)

Jan. 18, 1996

Jan. 18, 1996

92

NOTICE OF CHANGE OF ADDRESS by David Deutsch representing plaintiff USA . New address: U.S. Department of Justice, Suite 1744, 10th & Pennsylvania Ave., N.W. Washington DC 20530, (202) 514-6270. (blj) (Entered: 01/22/1996)

Jan. 18, 1996

Jan. 18, 1996

95

ORDER by Judge Thomas F. Hogan : granting motion to extend time nunc pro tunc to 1/17/96 file the report and complete the medical assessments required and pursuant to Court's Order entered 1/3/96 [90-1] by ALBERTA BRASFIELD, FRANCES BOWIE, VERNON HAWKINS, MARION BARRY, DC (N) (gew) (Entered: 01/23/1996)

Jan. 18, 1996

Jan. 18, 1996

96

ORDER by Judge Thomas F. Hogan : discovery closes 8/16/96 ; pretrial conference set for 8/30/96 ;expert witness reports due 6/17/96 ;expert counter witness list due 7/17/96 ; (N) (gew) (Entered: 01/23/1996)

Jan. 18, 1996

Jan. 18, 1996

Case Details

State / Territory: District of Columbia

Case Type(s):

Nursing Home Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 19, 1995

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

D.C. Village Nursing Home, Regional

District of Columbia (District of Columbia), Regional

Case Details

Causes of Action:

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

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Social Security (Title XX), 42 U.S.C. §§ 1397 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1995 - 1997

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Deinstitutionalization/decarceration

Food service / nutrition / hydration

Neglect by staff

Record-keeping

Restraints : physical

Staff (number, training, qualifications, wages)

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding / caseload

Disability and Disability Rights:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run