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CERTIFIED CLASSES IN INSTITUTIONAL REFORM CASES

            
                                Center for Public Representation
Northampton, Massachusetts

Case Name (Cite) Plaintiff Institution Relief Sought
ABC of ND v Olson No. A1-80-141 561 F. Supp. 473 (D.N.D. 1982), aff'd 713 F.2d 1384 (8th Cir.1983); 942 F.2d 1235 (8th Cir. 1991); 872 F.Supp. 689 (D.N.D. 1995) Certified class of all persons who are or may become residents of Grafton or San Haven; ARC of ND Grafton; San Haven Community placement and institutional improvement.
Baldridge v. Clinton No. LR C-83-1004 674 F.Supp. 665 (E.D. Ard. 1987); 139 F.R.D. 119 (E.D. Ark. 1991) Certified class of institutionalized persons in the custody of DHS who are receiving inadequate treatment or inappropriate placement Various institutions in Arkansas Alternative placement and institutional improvement
 
Benjamin B. v. Cuomo No. 86-4248 (E.D.N.Y.) Certified class of 70 persons with retardation institutionalized in psychiatric institution Creedmoor Psychiatric Center Provision of services required by professional judgement; additional staffing at instutition pending placement in appropriate community facilities
Bogard v. Duffy
No. 88-C-2414
(N.D.Ill.) 		Certified class of persons with developmental disabilities who, on or before march 1986, resided in ICF Nursing facilities in Illinois Appropriate developmental services in the least restrictive community setting appropriate to classmember's needs;
 
Case Name (Cite) Plaintiff Institution Relief Sought
 
Bonnie S. v Drew Altman
No. 87-3709 1989 W.L. 71795
(D.N.J.) 		N.J. developmental centers on behalf of class of approximately 1,500 persons NJ mental retardation
institutions Community placement   
Brewster v. Dukakis
No. 76-4423 F
544 F. Supp. 1069
(D.Ma.1982) 		Class of persons with mental illness hospitalized at Northampton Northampton State Hospital Creation and maintenance of appropriate community programs
 
CARC v. Thorne
C.A. H-78-653
(D.Conn.) 		Certified class of residents (now former residents) of Mansfield Training School and Connecticut Assoc. For Retarded Citizens Mansfield Training School Community placement and institutional improvement.
 
Coffelt v. DDS
No. 916401
(Ca.Super.San
Francisco) 		Californians with developmental disabilities who are or will be clients of four regional centers and are inappropriately placed in institutions or in need of appropriate community services; Assoc. For Retarded Citizens -- California; The Assoc. For Persons with Severe Handicaps, Calif. Chpt.;United Cerebral Palsy Assoc. Of Calif.,Inc.; Capitol People First; the Oaks Group State Developmental Centers where class members were placed including Porterville, Stockton, Laterman, Agnew, Fairview, Sonoma and Camarillo Development of an array of individualized quality community living arrangements to meet the needs of each class member
 
Case Name (Cite) Plaintiff Institution Relief Sought
 
Connecticut Traumatic Brain Injury Assoc. v. Hogan
No. 2:90CV97
(D.Conn.), 161 F.R.D.8
(D.Conn. 1995) 		Certified class all persons with traumatic brain injury and mental retardation who reside or may reside at Norwich, Fairfield Hills Hospital and Conn. Valley Hosp. Norwich Hospital; Fairfield Hills Hospital; Connecticut Valley Hospital Prevention of placement and retention of dangerous persons with mental retardation or traumatic brain injuries in state hospitals for the mental ill
 
Consumer Advisory Board v. Glover
No. 91-321-P-C
151 F.R.D. 490
(D. Ma. 1993) 		Residents, outpatients, and advocates of Pineland Center Pineland Center Placement in least restrictive setting; physical safety of residents
 
Gieseking v. Schaler
No. 86-4636
672 F.Supp. 1249
(W.D. Mo. 1987) 		Developmentally disabled persons in Missouri for whom DMH has failed to develop plan or secure treatment Various DMH operated institutions Development of habilitation plans and comprehensive services
 
Halderman v.
Pennhurst StateSchool and Hospital
No. 74-1345 446 F. Supp. 1295 (E.D. Pa. 1978) aff'd in part;
modified on appeal,
612 F.2d.84
(3d Cir. 1979)
rev'd and remanded,
451 U.S. 1 (1981),
aff'd on remand,
(3d Cir. 1982), rev'd
and remanded,
465 U.S. 89 (1984)
consent degree
entered, 610 F. Supp
1221 (E.d. Pa. 1985) 		All retarded at Pennhurst and those at risk of placement Pennhurst Creation of community living arrangements; institutional improvement; damages
 
Case Name (Cite) Plaintiff Institution Relief Sought
 
Homeward Bound v.
Hissom Memorial Center
No. 85-C 437-E
1987 WI. 27104
(N.D. Ok. 1987) 		Certified Class of residents and former residents of The Hissom Memorial Center The Hissom Memorial Center Institutional improvement and placement in integrated community setting
 
Horacek v. Fxon
No. CV72-L-299
357 F. Supp. 71
(D. Neb. 1973) 		Class of persons institutionalized at Beatrice State Home Beatrice State Home Placement in less restrictive community alternatives
 
Jackson v. Fort Stanton Hospital and Training School
No. 87-839
757 F. Supp. 1243
(D.N.M. 1990),
appeal dismissed in part, rev'd in part 		Certified class of all persons who are or will reside at Fort Stanton or Los Lunas and all persons who have been transferred to nursing facilities and similar facilities funded by defendants Fort Stanton and Los Lunas State School Institutional improvements and placement in integrated community settings
 
Kentucky ARC v. Conn
No. 78-0157(A)
510 F. Supp. 1233
(W.D. Ky. 1980)
674 F.2d 582
(6th Cir. 1982) 		Certified class of all persons who reside or may reside at Outwood; KY ARC Outwood Prevent new construction or purchase of new institutional facilities
 
Kope v. Watkins
No. 88-61424 CZ
(3rd Judicial Cir.,
Wayne Cty., Mich.) 		Class of developmentally disabled residents who are or may be residents of specialized nursing homes for developmentally disabled persons Greenbrook Manor, Kalamazoo Total Living Center, Mt. Pleasant Total Living Center, Taylor Total Living Center, and Wayne Total Living Center Provision of developmental services, placement in community residential settings
 
Case Name (Cite) Plaintiff Institution Relief Sought
 
Lelsz v. Kavanaugh
No. 3--8502462
673 F. Supp. 828
(N.D. Tex 1987);
783 F. Supp. 286
(N.D. Tex. 1991)
 Certified class of 2,400 residents at Fort Worth State School representing class of mentally retarded residents treated at Texas facilities; 5,683 members total Fort Worth State School; 13 institutions today Community placement and institutional improvement
 
Martin v. Voinovich
No. C-2-89-362
840 F. Supp. 1175
(S.D. Ohio 1993) 		Class of more than 9,000 persons in Ohio with mental retardation or developmental disabilities who are or will be in need of community housing and services which are normalized, home-like and integrated Various institutions in Ohio Development of community placements and housing options in sufficient number to meet class needs
 
Medley v. Ginsberg
No. 78-2099
492 F. Supp. 1294
(S.D.W.V. 1980) 		Certified class of all persons under 23 with retardation who are or will be institutionalized because of defendants' failure to provide community homes Shawnee Hills Community Mental Health Center Provision of appropriate education, treatment, care and services in foster homes and other community based facilities in their home communities
 
Michigan ARC v. Smith
No. 78-70384
475 F. Supp. 990
(B.D.Mich. 1979) 		Certified class of all residents of Plymouth Center Plymouth Center for Human Development Habilitation in appropriate, less restrictive residential alternative
 
Case Name (Cite) Plaintiff Institution Relief Sought
 
Mihalcik v. Lensik
No. H-89-529
732 F. Supp. 299
(D. Conn. 1990) 		Class action on behalf of persons with mental retardation who are or will be patients at Conn. Valley Hospital, a state mental institution Connecticut Valley Hospital Implementation of professional recommendations for services and placement
 
Nelson v. Snider
160 F.R.D. 46
(E.D.Pa. 1994);
1994 WL 502352
(E.D.Pa.) 		Certified class of residents and former residents of Embreeville Center; The Arc, Penna., and Penna. Protection & Advocacy Embreeville Center Community placement institutional improvement
 
New Jersey ARC v. New Jersey Dept of Human Services
(89 NJ 234, 445
A.2d 704) (NJ 1982) 		Class of mentally retarded citizens in public institutions in New Jersey Hunterdon Education and training; habilitation for adult residents; provision of services in the least restrictive setting feasible
 
Nicoletti v. Brown
No. C87 1456
740 F. Supp. 1268
(N.D. Ohio 1987) 		Class of involuntarily committed mentally retarded persons residing at Cleveland Developmental Center Cleveland Developmental Center Institutional improvement and opportunity for residents to choose placement in another appropriate Medicaid- certified facility; cease relocation to non-Medicaid certified facilities.
 
Case Name (Cite) Plaintiff Institution Relief Sought
 
NY State ARC v. Carey
Nos.72 CIV 356, 357
393 F. Supp. 715
(E.D.N.Y. 1975);
706 F.2d 956
(2nd Cir. 1983) 		Certified class of residents of Willowbrook State Developmental Center; New York State ARC Willowbrook State Developmental Center Consent judgment approved; development of community services for residents of Willowbrook
 
Parrent v. Angus
No. 890907653CV
(3rd Jud. Dist. Court,
Salt Lake Cty., Utah) 		Certified class of all residents of the Utah State Training School, Assoc. For Retarded Citizens of Utah Utah State Training School Individualized community placement determinations, planned development of community residential services
 
Ricci v. Okin
Nos. 72-469, 75- 5210,
74-2768, 75-3910,
and 75-5023
537 F. Supp. 817
(D. Mass. 1982);
97 F.R.D. 737
(D. Mass. 1983);
576 F. Supp. 415
(D. Mass. 1983);
781 F. Supp. 826
(D. Mass.1992) 		Class of mental retarded residents in five institutions; Mass. ARC Belchertown
Fernald
Monson
Wrentham
Dever 		Improve institutional conditions
 
Richard C. v. Snider
1993 WL 757634
(W.D.Pa.) 		Certified class residents of Western Center, The Arc, Pennsylvania, The Arc, Allegheny County, and the Pennsylvania Protection and Advocacy Assoc. Western Center Community placement; institutional improvement.
 
Case Name (Cite) Plaintiff Institution Relief Sought
 
Rights, Equality Always at Letchworth, Inc. v. Cuomo
No. 84 Civ. 4163
(CES) (S.D.N.Y.);
1985 WL 129 (S.D.N.Y.)

Rolland v. Cellucci          
52 F.Supp.2d 231                  
(D.Mass. 1999)    

 Certified class of residents of Letchworth Village Development Center and Rights, Equality Always at Letchworth, Inc. (REAL), a parents/representative organization

Certified class of all persons with mental retardation or developmental disabilities who have been admitted or screened for admission to nursing facilities

 Letchworth Village Developmental Center, an institution for 1,400 to 1,700 persons with
retardation

Nursing facilities in Massachusetts

Complaint alleged violations of residents constitutional rights to care, habilitation, training, education and treatment, and alleged that the defendants have maintained plaintiffs in a setting where those services cannot properly be provided
        
Specialized services and community placement
 
Ruth L. v. White
No. 90-5562 (E.D. Pa.) 		All persons institutionalized in state hospitals in Pennsylvania for persons with mental illness contrary to professional judgment Penna. state hospitals Placement in appropriate community-based mental retardation settings
 
S.H. v. Edwards
No. 87-8635
860 F.2d 1045
(11th Cir. 1988),
vacated, 880 F.2d 1203 (1989), judgment aff'd on reh'g en banc, 886 F.2d 292 (1989) 		Certified class of persons with retardation in state institutions denied individualized review of continued institutionalization Gracewood and five other state institutions in Georgia Review or hearings on plaintiffs' continued need for placement; release and treatment in community settings; damages
 
Case Name (Cite)        Plaintiff        Institution        Relief Sought
Thomas S. v. Flaherty
No. C-82-418-M
699 F.Supp. 1178
(W.D.N.C. 1988),
aff'd 902 F.2d 250
(4th Cir. 1990) 		Certified class of adults with retardation who are inappropriately placed in public psychiatric institutions in NC Public psychiatric institutions Community placement and services in accordance with professional judgment
 
    
 
Society for Good Will to Retarded Children v. Cuomo
No. 78 CV1847 (JBW)
(F.D.N.Y.)
572 F.Supp. 1298;
572 F. Supp. 1300
(E.D.N.Y.) 1983),
vacated and remanded, 737 F.2d 1239
(2d Cir.1984);
103 F.R.D. 169
(E.D.N.Y. 1984);
1986 WL 13931 		Certified class of more than 1,500 members; parents' organization of Suffolk Developmental Center residents Suffolk Developmental Center on Long Island, NY; renamed Long Island Developmental Center Institutional improvement; expansion of community resources and support services; transfer of most clients to small community residences;
 
Welsch v. Likins
No. 4-72-CIV-451
373 F.Supp. 487
(D.Mn. 1974),
aff'd 550 F.2d 1122
(8th Cir. 1977);
Welsch v. Gardebring
667 F.Supp. 1284
(D.Minn. 1987) 		Class of all persons with retardation committed to Minnesota State institutions Brainerd, Cambridge, Faribault, Fergus Falls, Hastings and Moose Lake Individualized treatment and development of less restrictive community alternatives
 
Wuori v. Concannon
No.75-80 551F.Supp. 185 (D.Me. 1982) 		Class of mentally retarded Maine citizens Pineland Center Institutional improvement and community services
 
Wyatt v. Stickney
No. 319-N
344 F.Supp. 387,
aff'd, 503 F.2d 1305
(5th Cir. 1974). 		Certified class of institutionalized persons in Alabama with mental illness or mental retardation Partlow State School and Hospital; expanded to other Alabama retardation facilities Promulgation and implementation of minimum standards
 
                            
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