University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
view search results
page permalink
Case Name CRIPA Investigation of the Lanterman Developmental Center, Pomona, California ID-CA-0006
Docket / Court No Court Case ( No Court )
State/Territory California
Case Type(s) Intellectual Disability (Facility)
Special Collection Olmstead Cases
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On April 4, 2004, the U.S. Department of Justice's Civil Rights Division ("DOJ") sent notified California that it was opening an investigation into conditions and practices at the Lanterman Developmental Center ("LDC"), a facility housing developmentally disabled persons, including those with ... read more >
On April 4, 2004, the U.S. Department of Justice's Civil Rights Division ("DOJ") sent notified California that it was opening an investigation into conditions and practices at the Lanterman Developmental Center ("LDC"), a facility housing developmentally disabled persons, including those with intellectual disabilities, cerebral palsy, and/or autism. The investigation was undertaken under the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. §§ 1997 et seq., and the Americans with Disabilities Act, 42 U.S.C. §§ 12131 et seq.

DOJ lawyers and expert consultants visited the facility in October 2004, reviewing a wide array of documents there, and conducting interviews with personnel and residents. On January 4, 2006, the U.S. Department of Justice's Civil Rights Division ("DOJ") sent its "findings letter" to California's governor, advising him of the results of the investigation. The DOJ advised that its investigation found deficiencies in resident care at LDC, in that conditions and services at LDC substantially departed from generally accepted standards of care. Constitutional and federal statutory rights of residents at LDC were violated in several respects, according to the DOJ.

DOJ concluded that deficiencies in conditions of resident care and treatment at LDC existed as to multiple topic areas, including LDC's causing residents significant harm or risk of harm through failure to: (1) keep them safe (e.g., residents subjected to neglect and physical abuse; disproportionate number of injuries; inadequate incident reporting and investigation system); (2) provide them with adequate training and associated behavioral and mental health services (e.g., inadequate behavior programs and functional analyses of problem behaviors; poor program implementation, monitoring, and follow-up; unjustified and undue use of restraints; inadequate habilitation, vocational, and day programming; insufficient psychiatric care); and (3) provide them with adequate health care, as required by Title XIX of the Social Security Act, 42 U.S.C. § 1396; 42 C.F.R. Part 483, Subpart I (Medicaid Program Provisions), due to substandard medical and nursing assessment, treatment, education, and direction, as well as slipshod medical documentation and poor nutritional and physical management. Additionally, the DOJ found that (4) the state failed to provide services to certain LDC residents in the most integrated setting, as required by the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12131 et seq; 28 C.F.R § 35.130(d). The letter provided details of deficiencies for all four of these categories.

Minimally-acceptable remedial measures for each of the four categories were outlined in the letter, which concluded by inviting continued further collaboration in implementing the remediation. The letter also provided notice that, absent a resolution of federal concerns, the DOJ would file a CRIPA lawsuit to compel correction of the identified deficiencies at LDC.

Each of the DOJ's annual congressional reports from fiscal years 2006 to 2010 described stated that "as part of the mandate to fully enforce Title II of the Americans with Disabilities Act, the Division took steps to secure increased access to residential, day, and vocational services where appropriate" at LDC in fiscal years 2006 to 2010. But there's nothing more about the matter in subsequent congressional reports. According to the California Department of Developmental Services website, LDC's last residents moved to their new homes in the community on December 23, 2014 and the facility closed its doors on June 30, 2015 when the property was transferred over to the authority of the California Polytechnic State University.

In a DOJ spreadsheet describing all CRIPA matters in 2016, the case was listed as open, but presumably that's an oversight.

Mike Fagan - 05/27/2008


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Defendant-type
Hospital/Health Department
Disability
Integrated setting
Mental impairment
General
Aggressive behavior
Assault/abuse by staff
Food service / nutrition / hydration
Habilitation (training/treatment)
Incident/accident reporting & investigations
Individualized planning
Neglect by staff
Record-keeping
Restraints : physical
Staff (number, training, qualifications, wages)
Medical/Mental Health
Medical care, general
Medication, administration of
Mental health care, general
Self-injurious behaviors
Mental Disability
Autism
Cerebral palsy
Intellectual/developmental disability, unspecified
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.
Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Defendant(s) State of California
Plaintiff Description U.S. Department of Justice, enforcing the rights of residents of the Lanterman Developmental Center.
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Case Ongoing No
Docket(s)
No docket sheet currently in the collection
General Documents
Re: CRIPA Investigation of the Lanterman Developmental. Center, Pomona, California.
ID-CA-0006-0001.pdf | External Link | Detail
Date: 01/04/2006
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Plaintiff's Lawyers Kim, Wan J. (District of Columbia)
ID-CA-0006-0001

- click to show/hide ALL -

new search
view search results
page permalink

- top of page -