Class action on behalf of 1500 residents of New Mexico’s two institutions for persons with developmental disabilities. After a lengthy trial, the Court issues a 202 page decision in 1990 finding violations of constitutional and statutory rights, and orders the parties to negotiate corrective action plans. In 1997, the State elected to close both institutions when they failed to implement the remedial plans, and then agreed to sweeping consent decrees requiring expansion of all aspects of New Mexico’s service system. Due to continued noncompliance with these decrees, the Court appointed a community monitor, and then a Rule 706 expert.
Following a week-long trial in June 2011, the Court issued a 206-page decision concluding that the State still was failing to provide adequate safety, health care and supported employment services to class members, and subsequently entered broad remedial relief. The State then moved to terminate all court orders, and appealed the district court’s refusal to modify its orders and terminate the case. This case is being litigated by the CPR, Disability Rights New Mexico, and co-counsel Phil Davis, Peter Cubra, and Ann Sims.