Evans, et al., v. Williams
Representation of a class of mentally retarded and developmentally disabled people against the Mental Retardation and Developmental Disabilities Administration (MRDDA) in the District of Columbia.
Principal Attorneys
Paul Kiernan, Steve Hanlon, LaKeytria Felder
Co-Counsel
Cathy Costanza, The Center for Public Representation
Sandy Bernstein, University Legal Services
Description
In 1976, a class of mentally retarded and developmentally disabled people residing at the Forest Haven facility in Washington, D.C., filed a complaint alleging that they were being provided a constitutionally minimum level of habilitation, a term which incorporates care, treatment, education and training. They eventually entered into a consent decree approved by the court, finding that the class members' constitutional rights had been violated by the conditions of their confinement and ordered that the District provide minimally adequate services and support to each member of the class. After three decades of judicial oversight failed to bring the required structural reforms, working with our co-counsel we moved to place the dysfunctional agency responsible for the care of the members of this vulnerable class in receivership.
Status
In March 2007, in an 85-page opinion, the Court ruled in our favor and held that the District of Columbia was liable for systemic, continuous, and serious noncompliance with many of the Court's orders. We are now preparing for a remedies hearing.
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Speech Devices Restored: Joseph Q. v. Shewry
Suit to reinstate funding for speech-generating devices for persons with communication needs.
Description
Class action against Medi-Cal for cutting funding for speech devices that resulted in 53 individuals not being able to obtain necessary speech generating devices.
Status
Settled – devices provided to all.
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Integration: Olmstead v. L.C. Amicus Brief
Amicus brief on behalf of the American Civil Liberties Union before the United States Supreme Court.
Principal Attorneys
Laurie Webb Daniel
Description
Our amicus brief urged the Court to hold that the unjustified institutionalization of mentally disabled individuals is a form of discrimination prohibited by the integration mandate of the Americans with Disabilities Act.
Status
1999 opinion issued adopting and expanding on our position.
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State Mental Hospital Closure: Johnson v. Hadi
Class action on behalf of severely and persistently mentally ill adults in West Central Florida.
Principal Attorneys
Elizabeth Bevington
Description
This 18-year-old class action challenged the conditions at the G. Pierce Wood state mental hospital in Arcadia, Florida. A consent decree is in effect, but ongoing problems and challenges resulted in the State's voluntary closure of the hospital in February 2002. The case continues on behalf of patients discharged into the community.
Status
Consent decree is being monitored.
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