Date: 09-23-2004

Case Style: United States of America v. Commonwealth of Kentucky

Case Number: Unknown

Judge: Unknown

Court: United States District Court for the Eastern District of Kentucky

Plaintiff's Attorney:

R. Alexander Acosta, Assistant Attorney General for the Civil Rights Division

Defendant's Attorney: Unknown

Description:

The Justice Department today announced that it has reached an agreement with the Commonwealth of Kentucky resolving the Department's investigation of conditions at the Communities of Oakwood, a state-run residential institution serving almost 400 people with developmental disabilities.

"When a state undertakes to care for persons with developmental disabilities, it accepts responsibility to protect them from harm," said R. Alexander Acosta, Assistant Attorney General for the Civil Rights Division. "The residents of Oakwood deserve better than the conditions at this facility. We are confident that today's agreement will accomplish swift and meaningful reforms."

On November 7, 2002, the Justice Department issued a findings letter outlining unconstitutional conditions at Oakwood. Findings included a history of severe staff abuse that led to an indictment and guilty plea, inadequately explained resident deaths involving severe bowel impactions, inadequate staff supervision that resulted in several residents injuring themselves, and excessive and incorrect medications. The Department also found evidence that the state kept institutionalized at Oakwood residents who were appropriate for community placement, even after the residents expressed a desire to live outside the institution.

The agreement requires the state to overhaul its resident care and services. In addition, the agreement ensures that each resident is served in the most integrated setting appropriate to his or her needs, as required by the Supreme Court's 1999 decision, Olmstead v. L.C.

The Department commends Governor Ernie Fletcher and Secretary for Health & Family Services James W. Holsinger, Jr., M.D., of Kentucky for their willingness to work aggressively to address the conditions at Oakwood. The state has committed considerable resources, including hiring personnel with extensive knowledge in the field of developmental disabilities to spearhead its reform efforts.

Protecting the rights of institutionalized persons is a priority of the Department of Justice. Since 2001, the Civil Rights Division has opened 45 investigations affecting 52 facilities concerning the terms and conditions of confinement at nursing homes, mental health facilities, residences for persons with developmental disabilities, juvenile justice facilities, and jails. These figures represent more than double the 20 such investigations initiated over the preceding three years.

The text of the findings letter and additional information about the Special Litigation Section of the Justice Department's Civil Rights Division can be found at www.usdoj.gov/crt/split/

Outcome: The agreement requires the state to overhaul its resident care and services. In addition, the agreement ensures that each resident is served in the most integrated setting appropriate to his or her needs, as required by the Supreme Court's 1999 decision, Olmstead v. L.C.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None