WBR: AEP:PSL:GOD:drl DJ 1 6 8 - 1 3 - 1 1

U.S. v. Colorado

• 'BIHI

•••••• • • •

•• •

•

MR-CO-001-001

CEXTIFIS9 MAIL RSTU32I RECEIPT REQUESTED

7 DEC 1984

Honorable Richard D. Laaia { Governor State of Colorado Capitol Building 200 Ease Coifax Denver, Colorado 80203
Res Hotice of Findings awarding v/heat ^ Regional Center, 42 U»S.C. Sl997(b)(a)(1)
Dear Governor Laaax

On Deceaber 16, 1983, we notified you chat we <*?&ra cotesencing an investigation of the Wheat Xidge Regional Center, Wheat Ridge, Colorado, pursuant to the provisions of the Civil Sights of Institutionalized Persons Act, 42 U.S«C. S1997. This letter is to apprise you of the aajor findings of our investigatoa to date as required by the statute.

In the course of our investigation •«« conducted two tours of Wheat Ridge with outside consultants and Civil Rights Division personnel, la connection with their tours, the consultants examined resident records and interviewed the administrator, the professional ataff, and aoae of the direct care staff at Wheat Kidge. In addition, we reviewed incident reports provided to us by the state of Colorado and the survey findings of the Department of Health and Hutaan Services.

Throughout our investigation the staff of Wheat Ridge and personnel from the Colorado Department of Devalop&entai Disabilities have provided us with substsmtial aaaiatance. Both of our consultants expressed appreciation to Colorado officials for their cooperation, ana WQ join our consultants in thanking thea.

3-alow ara our findiAgs axxck recoaaendations. We will only those particular areas of concern that rise to
the level of constitutional d^px-ivatians, These are: neglect of residents; pedical cars; medication practices; the level of training afforded to residents. The supporting

— 2 -
facts giving rise to theee conditions are derived froa the sources listed above. On the basia of our investigatioa we believe that these conditions have existed for a protracted period of tiiae and at lease since 1932.
Staff. Care and Training
Both otur consultants and Wheat Ridge author iciest theaeelves agree that the facility is understaffed. The level of direct care aCaff on the day «uvi evening shifts is grossly inadequate and leads to dangerous situations where residents are not protected frost unreasonable risks to their personal safety. Too frequently a single staff parson is left on duty to supervise all residents in a living area.
Due to lack of staff, residents suffer neglact and numerous accidents and injuries* incident reports compiled at Wheat Ridge reveal that numerous residents have sustained injuries where the cause remains unknown. Resident on resident assaults are coiataonj residents engaging in self-abuaive behaviors are frequently unaupervlsed and unattended. Residents have been found with unexplained broken bones and burns to the body. For example, one resident was found with a feaur segaent protruding through the skin. Another resident was found with a left arsa that was swollen and loose &nd floppy at the shoulder, Both these residents had broken bones but staff were unaware of how tha injuries occurred. Similarly, staff were unable to explain how a resident suffered second degree burns on his ara.
On the night shift, it is very eojiwaon for one staff person to be alone on a living unit with tip to 24 residents. Even the locked wards which house non-atnsbulacory residents are covered by only one staff person at night. Both our consultants believe that this level of staffing is grossly inadequate on a daily basis and that it endangers residents should a fire, medical crisis or other emergency occur.
During a visit to one locked hall, our consultant had to wait over five alnutes before the staff person on duty was able to unlock the door. Upon enteringt out consultant found approximately 2.0 adult wotaen being eared for by one person asiid great disorder and confusion, llaxx? of tftase woiatan v/ere partially undressed, one was urinating on the floor of the living area and several were engaging in self-abusive behavior. Under such circutaatanceij, appropriate supervision is impossible, and the physical safety of residents is threatened.

":

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The lack of direct care staff to appropriately care for and supervise residents is aggravated by the lack of an adequate housekeeping staff. Available direct care staff often are required to perform housekeeping duties In addition to their other duties. Because staff are not alvays able to performs this dual function, eiany of the living areas are unsanitary and smell of urine and waste.

Professional staffing also'is inadequate. Records at Wheat Ridge detaonstrace incomplete and outdated evaluations of residents* Residents are failing to receive qualified judgments by institutional professionals as to care necessary to prevent unreasonable risks to personal safety. There is insufficient staff to implement needed behaviorraodification programs necessary to train residents to reduce and eliminate self-abusive and other destructive behaviors. Those staff who are available are uninformed aa to training programs which have been prescribed and are not trained to implement thea. While the staff at Wheat Ridge is -vail intentioned and desires to participate actively in resident treatment, staff and resource shortages prevent tlieia frost serving as anything more than inadequate custodians of the facility and its residents.

Medication Practices

There appear to be severe problems in the abdication practices at Wheat Ridge. Due to Inadequate professional staff to saake the necessary professional judgments, ©edicatioa appears to be used as an alternative to training programs to addrass injurious behaviors. Our sadical consultant found an unusually high number of residents on psychotropic dedication and a lack of adequate procedures to review indication levels* Since there is no system in place which assures that psychotropic'* medications «ill be used consistent with the exercise of professional judgment by a qualified professional, patients' safety i3 threatened.

Medical Care
The aost notable deficiency is residents' medical care is the lack of physical therapy and occupational therapy services. A large number of Wheat Ridge residents suffer trots severe contractures of their limbs and other body deformities due to the absence of necessary physical and occupational therapy. Residents who cone to Wheat Ridge with sose aaoulatory ability

or other mobility often lose those physical capabilities due to atrophy of muscles. This lack of care ia directly attributable to the lack of sufficient qualified staff and support personnel to carry out physical and occupational therapy services.
The failure to provide such therapeutic services creates severe sedieal problems for residents and, in cany cases, endangers their physical health. One troublesome secondary effect of these iaaobilizing contractures due to lack of physical therapy is the dysfunctioulng of the digestive aystea. This dysfunction apparently has caused an abnormally high percentage of Wheat Ridge residents to require pureed diets or gastroatodies for tube feeding. Our medical consultant, in fact, found that the complete lack of orthopedic care represented a "crisis'* situation and a direct threat to tha physical well-being and safety of nany physically handicapped residents.
Reiaadla1 Measures
On the basis of our investigation, we have concluded that the residents of Wheat Ridge are subject to flagrant and egregious conditions resulting in violations of their constitutional rights. The following are the ainiauia measures which, in our view, are necessary to remedy the deficiencies discussed herein:
1. Adequate numbers of qualified professional and direct care staff mist be employed. Wheat Ridge particularly needs to hire additional physical therapists, occupational therapists, and adequately trained direct care staff.
2. Wheat Ridge staff should receive training in implementing necessary sedical care and those training prograaa needed to afford residents freedom frora undue ri3ka to their personal safety.
3. Wheat Ridge amat siodify its sedieaciou practices to ensure that psyehotropic medications are used consistent with the exercise of bona fide prof«sasianal judgment.
4. Wheat Ridge raust ensuret AS determined by qualified professional Judgment, that residents are provided with the tainiual training necessary to ensure thair safety and their freedom froia undue bodily restraint.

We are are hopeful that, after your review of Shis aeetings can be arranged between ourselves and
appropriate Colorado officials to discuss cleans by which such corrections sight be made. Please be advised that we wish to resolve these matters amicably and in a reasonable aanner. Again, thank you for the cooperation*
Sincerely,
Ws. Bradford Reynolds Assistant Attorney General
Civil Rights Division
ccs Dr, Frank Traylor ffrtfa
Executive Director, Colorado Department of Institutions
Jeffrey A, Sandier Director, Division for
Develofsaentally Disabled
Ray Del Turco /£ Superintendeiit, Wheat Sidgc Regional
Center

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

HLtD
UNITEO STATES DISTRICT COURT
oe*»ER. COLORADO

UNITED STATES OF AMERICA, • Plaintiff,
v.

JUL2 3 1986
JAMES R. MANSPEAKER
CLERK
Civil Action No.

STATE OF COLORADO; RICHARD D. LAMM,

Governor of the State of Colorado;

)

COLORADO DEPARTMENT OF INSTITUTIONS;

)

80 «F- 147O FRANK A. TRAYLOR, M.D., Executive Director,

Colorado Department of Institutions;

"'

} )

/

JEFFREY A. SANDLER, Director, Colorado

Department of Institutions, Division

for Developmental Disabilities; RAY DEL

TURCO, Superintendent, Wheat Ridge

Regional Center,

Defendants.

CONSENT DECREE
1) This case was filed by the plaintiff on July 10 / 1986, pursuant to the Civil Rights of Institutionalized Persons Act of 1980, 42 U.S.C. §1997.
2) To avoid prolonged litigation and without making any admissions on the merits, the plaintiff and defendants entered into a Settlement Agreement on July 10 , 1986, and have consented to the incorporation of that Agreement into this Consent Decree.
3) The Court has jurisdiction over this action pursuant to 28 U.S.C. §1345.

U.S. v. Colorado
MR-CO-001-002

4) The United States has standing to initiate this action pursuant to 42 U.S.C. §1997a and has met all prefiling requirements stated in that statute.
5) The Court has examined the Settlement Agreement entered into between the parties and has determined that it is a fair and appropriate resolution of the case.
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
1) Pursuant to the joint motion of the parties, the Settlement Agreement entered into between the parties on .inly in 1986, which is attached hereto, is approved and entered by the Court and is part of this Consent Decree as if fully set out herein.
2) This Consent Decree shall be applicable to and binding upon all the parties, their officers, agents, servants, employees, assigns, and their successors, and upon those persons in active concert or participation with them who receive actual notice of this Decree.
3) Any party may apply at any time for such further order as may be necessary or appropriate for the construction, implementation, enforcement, or termination of this Consent Decree. Any party may move for such further relief as the interests of justice in this case may require.

4. The parties expect that the defendants will achieve full

compliance with the terms of this Decree by July 1, 1988, in which

case, upon-motion by the parties, the jurisdiction of this Court

will terminate. Defendants may apply to terminate jurisdiction

of this Court at any time if they can demonstrate compliance

with all terms of the Decree provided adequate notice is given

to the United States. Absent objection by plaintiff within 60

days, this Court shall terminate jurisdiction and the case shall

be dismissed. If disputed, the matter shall be resolved by this

Court..

Upon consideration of the foregoing, this Consent Decree

is hereby entered as the judgment of this Court.

IT IS SO ORDERED this /- day of

(/

4-6
UNITED STATES DISTRICT JUDGE

UNITED STATES DISTRICT COURT
O m c i or TME CLKRK DISTRICT OP COLORADO

JAMES R. MANSPCAKKR. CUOUC

July 24, 1986

Robert N. Miller, Esq. U. S. Attorney James Cage, Esq. Assistant U. S. Attorney 1200 Byron G. Rogers Bldg. Denver, CO 80294
Arthur E. Peabody, Jr., Esq. V. Colleen Miller, Esq. Civil Rights Division U. S. Dept. of Justice Washington, DC 20530

ROOM C14S UNITKD STATES COURTHOUSE
! • • • STOUT STRUT DENVER. COLORADO SO1S4
PHONE (SOS) SS7.S4SS FTS SZ7-S433

Carolyn Lievers, Esq. Assistant Attorney General 1525 Sherman St. Denver, CO 80203

RE: 86-F-J470, U.S.A. v. STATE OF COLORADO, et al

Enclosed please find a copy of

CONSENT DECREE

DATED

7-23-86

entered by Chief Judge Sherman G. Finesilver in the referenced matter. JAMES R. MAHSPEAKER, CLERK

BY: V* Deputy CleTtk

Z/AK..

/-'•
IN THE JNITED STATES DISTRICT COUKi FOR THE DISTRICT OF COLORADO

UNITED STATES OF AMERICA,
Plaintiff,
v.
STATE OF COLORADO; RICHARD D. LAMM, Governor of the State of Colorado; COLORADO DEPARTMENT OF INSTITUTIONS: FRANK A. TRAYLOR, M.D., Executive Director, Colorado Department of Institutions; JEFFREY A. SANDLER, Director, Colorado Department of Institutions, Division for Developmental Disabilities; RAY DEL TURCO, Superintendent, Wheat Ridge Regional Center,
Defendants.

Civil Action No

SETTLEMENT AGREEMENT I. Introduction
On December 16, 1983, the United States Department of Justice, by and through the Assistant Attorney General, Civil Rights Division, Wm. Bradford Reynolds, notified the State of Colorado of its intention to investigate alleged unconstitutional conditions of confinement at Wheat Ridge Regional Center, Denver, Colorado, pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. S 1997. State officials fully cooperated with the investigation and demonstrated a willingness to cooperate in alleviating noted deficiencies. Following a full investigation, on December 12, 1984, the United States informed Governor Lamm of its findings that conditions at Wheat Ridge Regional Center violated the constitutional rights of residents.

-2-
State and federal officials have now determined that the interests of the citizens of the State of Colorado can best be served by entering into this Agreement for needed improvements at Wheat Ridge Regional Center as opposed to engaging in adversarial litigation. In entering into this Settlement Agreement, State officials do not admit any violation of law and it is the intent of the parties that this Agreement is not to be used as evidence of liability in any other civil proceeding. This Agreement is legally binding and judicially enforceable by the parties hereto and shall be entered as a Consent Decree by the appropriate federal court. It is intended by the parties to assure certain conditions of. care, medical treatment, and training at Wheat Ridge Regional Center and shall be read in light of that purpose. II. Definitions
1. "Physician": An individual who is licensed to practice medicine.
2. "Psychiatrist": A person who is board certified or eligible for board certification as a psychiatrist.
3. "Direct Care Worker": Staff responsible for implementing training programs and providing care to residents.
4. "Qualified Professional": A person competent, whether by education, training, or experience, to make the particular decision at issue.

-3-

)

5. "Bodily Restraints": Any physical or mechanical device used to restrict the movement of a resident or the movement or normal function of any portion of the resident's body excluding those devices used only to provide support for the achievement of functional body position or balance and devices used for specific medical and surgical (as distinguished from behavioral) treatment; and any psychotropic medications which might be used to control the behavior of a resident, including behavior management drugs as defined herein.
6. "Behavior Management Drugs": Drugs which are prescribed or administered for the purpose of modifying behavior. Included are the major and minor tranguilizers and antidepressants. Excluded are drugs that may have behavior modifying effects but that are not prescribed or administered for that purpose such as anticonvulsants.
7. "Time Out": A behavior management technique whereby a resident is isolated from other residents.
8. "PRN": A treatment modality ordered on a pro re nata or "as needed" basis.
9. "Training Program": A program of therapeutic steps and activities, including behavior management, determined by a qualified- professional to be appropriate to protect a resident from unreasonable risks to personal safety and to facilitate his or her ability to function free from undue bodily restraint.
10. "Satellites:" Eight-bed group homes operated off the main campus at 10285 Ridge Road, Wheat Ridge, Colorado, 80033 and within the neighboring community.

-4-

)

11. "The State": The Executive Branch of the Government of the State of Colorado specifically including the Governor of the State of Colorado, Colorado Department of Institutions, the administration of Wheat Ridge Regional Center and any and all of their officials, agents, employees, or assigns, and the successors in office of such officials, agents, employees or assigns. III. General Principles
The State of Colorado and the United States agree to the following general principles:
1. With respect to all residents, decisions regarding medical treatment, training, and basic self-care skills (e.g., feeding, toileting) shall be made and rendered consistent with the exercise of professional judgment by a qualified professional.
2. All residents must be afforded appropriate care and medical treatment.
3. All residents must be afforded such training as is reasonable to guarantee their constitutional rights to freedom from unreasonable risks of harm to their personal safety and freedom from unreasonable bodily restraints.
4. All residents shall be protected from unreasonable risks of harm to their personal safety from the conduct of staff and other residents.
5. The physical environment of the Wheat Ridge Regional Center must be maintained so as not to expose residents to unreasonable risks of harm to personal safety.

-5-

6. The Defendants shall facilitate, within the constraints

of their lawful authority, the provision of a free, appropriate

public education to residents between the ages of five and

twenty-one which requirement is consistent with the Education

of the Handicapped Act, 20 U.S.C. SS1401-1420 and in particular

34 C.F.P. S300.122.

In order to ensure compliance with the above-stated general

principles, the State will perform the actions required by

Sections IV, V, VI and VII, herein.

IV. Staffing

1. By no later than July 1, 1988 except as otherwise

specified herein, the State shall ensure that a sufficient

number of physicians, psychologists, registered nurses,

licensed practical nurses, and direct care workers are employed

to assure attainment and consistent maintenance of at least

the ratios of staff to residents of Wheat Ridge Regional

Center listed below. At the State's discretion, the ratios

may be attained by hiring additional needed staff or by

reducing the resident population of Wheat Ridge Regional

Center through discharges, transfers, etc.

a. Physicians b. Psychologists

By July 1, 1986: 1:125 By July 1, 1988: 1:100
By July 1, 1986:

Psychologists with a minimum of a Masters degree — 1:30 for all residents having identified emotional/behavioral problems. A ratio of 1:60 for all others.

-6-

Ph.D. psychologists -within the above - stated overall ratio for psychologists, a ratio of 1:200; but in any event no less than four Ph.D. psychologists shall be employed full-time at the Wheat Ridge Regional Center as long as the population is 500 or more residents.

Registered Nurses (on duty on the day shift only)

By July 1, 1986: 1:40

Direct Care Workers

On duty on day and By July 1 1986 1:5 evening shifts on By July 1 1988: 1:3 Sunshine and
Infirmary

On duty on night shift on Sunshine and Infirmary

By July 1, 1986:

1:10

2. Assigned and

By July 1, 1986: 1:2

present during any

24 hour period on

halls other than

Sunshine and Infirmary

including the satellites

2. All living units, exclusive of the satellites, Crosby

Center and the Kipling Houses, shall have a least two staff pre-

sent on the third shift.

3. As of July 1, 1986, at least three registered nurses

will be on duty at Wheat Ridge Regional Center on each evening

and night shift and shall be readily available on an as-needed

basis.

4. By July 1, 1986, the State shall have completed

assessment and evaluation of each resident exhibiting frequent

-7-
and serious self-injurious or aggressive behavior to determine the resident's need for, and ability to benefit from, training programs, as defined herein. If the State determines, through the judgment of a qualified professional, that a resident cannot benefit from a training program, the State shall record in the resident's chart or record the basis for that determination. For each resident who needs and has the ability to benefit from training programs, the State shall develop an appropriate training program. The implementation of the training program will begin within thirty days of completed assessments. This thirty days will allow for effective program development and design, and for the staff training necessary. Program implementation shall be completed for all residents by January 1, 1987. Those residents exhibiting the greatest need for and ability to benefit from a training program shall be given first priority in the implementation of training programs.
5. By July 1, 1986, the State shall ensure that each resident with physical handicaps is assessed and evaluated in order to develop and implement appropriate therapy programs and services designed to prevent contractures, inappropriate body growth, deformity, and other serious physical degeneration that can be eliminated or reduced by physical therapy.
6. By July 1, 1986, the State shall ensure that a sufficient number of psychiatrists are employed or otherwise made

-8-

>

available at Wheat Ridge Regional Center to render and implement professional decisions with regard to residents who are using behavior management drugs and residents in need of psychiatric evaluations or treatment necessary to avoid undue risks to personal safety.
7. By July 1, 1986, the State shall ensure sufficient consultation or otherwise provide services at Wheat Ridge Regional Center by such medical specialists as may be needed to provide adequate medical care to each resident including, but not limited to, neurologists, orthopedists and dentists.
8. The State shall ensure that direct care workers, on units other than the satellites, ordinarily -will not be used to perform routine support functions, such as housekeeping, maintenance, laundry, meal preparation, etc. This shall not preclude direct care workers from training residents in these functions. On the night shift, direct care workers1 responsibilities may include routine housekeeping, maintenance, and laundry, but these duties shall be secondary to the direct care of residents and shall be concentrated during residents' sleeping t ime. V. Implementation Plans
Defendants will submit to the Court plans which are designed to assure fulfillment of the objectives listed below. Implementation of these plans will be monitored by the United States consistent with the Consent Decree filed in this case and with the principles set forth in Section III of this Agreement.

-9-
The objectives of these plans will be to assure: A. That a sufficient number of qualified professional
and direct care staff are on duty at Wheat Ridge Regional Center to render appropriate care and adequate medical treatment and to implement training programs consistent with qualified professional judgment.
B. That procedures for identifying residents' needs for training and implementing training programs are established and implemented.
C. That such resident care, medical treatment, and training programs as are needed to protect residents from unreasonable risks to their personal safety and from- unreasonable bodily restraints are consistently maintained in all aspects of the facility's operation.
D. That there is consultation and communication of relevant information between and among personnel regarding residents' care, medical treatment, and training needs.
E. That such recordkeeping systems and procedures are established and implemented with respect to each resident's medical history and course of training so as to ensure that sufficient*information relevant to care, medical treatment, and training is maintained and kept available for use by appropriate staff.
F. That behavior management drugs are prescribed and administered pursuant to the exercise of judgment of qualified professionals. Behavior management drugs shall not be administered

-10-

>

for the convenience of staff or as a substitute for prescribed training programs.
G. That restraints and time out are administered only pursuant to the exercise of judgment by a qualified professional. Restraints and time out shall not be used as a form of punishment, for the convenience of staff, or in lieu of a prescribed training program, but may be used, when appropriate to control residents when they engage in isolated incidents of violent, and/or dangerous behavior. Actions taken by staff in such circumstances and a description of the behavior involved shall be recorded contemporaneously.
H. That systems and procedures are established and implemented as are necessary to protect residents from unreasonable risks of harm to their personal safety by the conduct of staff or other residents.
1. That the physical environment of the facility poses no unreasonable risks to the personal safety of its residents. VI. Construction and Implementation
' 1. If the United States at any time believes that the State is failing to comply with this Agreement, State and Federal officials shall meet in a good faith effort to resolve the_ir differences. If the State and Federal officials cannot resolve their differences, the United States may seek appropriate orders for enforcement of this Agreement.
2. If, at any time, State officials determine the need to modify a plan or any portion thereof, State officials

shall notify the Court and United States of the need for modification. If the United States objects to the modification and the United States and the State are unable to resolve their differences, the issue shall be presented to the Court for resolution, using the standards set forth in this Agreement.
3. The State shall submit compliance reports to the United States and the Court. The reports shall be filed every ninety (90) days beginning July 1, 1986 and continue until such time as this Agreement expires. The compliance reports shall describe the State's progress towards or maintenance of compliance with the plan(s) submitted pursuant to this Agreement,
4. During the life of this Agreement, the United States and its attorneys and consultants shall have reasonable access to the facilities, records, residents, and employees of Wheat Ridge Regional Center upon reasonable notice to the State.
5. This Settlement Agreement shall terminate when the jurisdiction of this Court is terminated with respect to the Consent Decree filed herewith.

FOR THE STATE OF COLORADO

FOR

STATES OF AMERICA

RICHARD D. LAMM vernor

•\ Date:

Assistant Attorney General Civil Rights Division

LNK A. TRAYLOH^JM.D.
Executive Director Colorado Department
of Institutions
Division for Developmental Disabilities

^Date: ARTHUR E. PEABOD) Chief Special Litigation Section
ROBERT A. SPELRE V. COLLEEN MILLER Attorneys Special Litigation Section Civil Rights Division U.S. Department of Justice Washington, D.C. 20530
Date: ROBERT N-. MILLER United States Attorney District of Colorado

 
 C:v 1 («•». U.<·ll l»«o»m«ny O.C 'orm No. *»· • • • .

JMMONS IN A CIV1I. ACTION

lãmteù States lïstrât

FOR THE DISTRICT OF COLORADO

UNITED STATES OF AMERICA,

CIVIL ACTION FILE N O .
14s? u

v.
STATE OF COLORADO; RICHARD D. LAMM, Governor of the State of Colorado; COLORADO DEPARTMENT OF INSTITUTIONS; FRANK A. TRAYLOR, M.D., Executive Director, Colorado Department of Institutions; JEFFREY SANDLER, Director Colorado Department of Institutions, Division For Developmental Disabilities; RAYMOND DEL TURCO, Superintendent, Wheat Ridge Regional Center;
Defendant

SUMMONS 5 CJ

To i h · abovt named Defendant : COLORADO DEPARTMENT OF INSTITUTIONS

You ai· hereby summoned and r·qxrind to serve upon plasma's attorney , whose addreai

James R. Cage Assistant U.S. Attorney 1200 Federal Building, Drawer 3615 Denver, CO 80294

and f i l e wich ch· Cl«rk of th· Court

.

an answer to the complaint which is herewith serv·d upon you. within 20 days after service of this

summons upon you. exdusiv« of th· day of service. If you fail to do so, judgment by default * ü be

taken » p " " you for the relief demanded ixv the complaint.

Date:

×¤*rk of Court.

[Seal of Court]

D*pury ¤*rk.

NOTX:—

M lait 4 • I ta· F«áenl «( CM

 
 CM/ECF - U.S. District Court:cod - Docket Report

Page 1 of 4

U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:86-cv-01470-SGF

TERMED

USA v. Colorado, State of, et al Assigned to: Judge Sherman G. Finesilver Demand: $0 Cause: 28:1331 Federal Question: Other Civil Rights

Date Filed: 07/10/1986 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Plaintiff

Plaintiff USA

represented by Edward A. Stutman U.S. Department of Justice Civil Rights Division 320 - 1st Street, N.W. P.O. Box 37076 Washington, DC 20013-7076 U.S.A 202-514-6247 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Susan G. Bowers U.S. Department of Justice Civil Rights Division 320 - 1st Street, N.W. P.O. Box 37076 Washington, DC 20013-7076 U.S.A 202-514-6247 LEAD ATTORNEY ATTORNEY TO BE NOTICED

William George Pharo U.S. Attorney's Office-Denver Colorado 1225 Seventeenth Street #700 Denver, CO 80202 U.S.A 303-454-0108 Fax: 303-454-0404 Email: william.pharo@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

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Defendant Colorado, State of
Defendant Richard D. Lamm Governor of the State of Colorado
Defendant Colorado Department of Institutions
Defendant Frank A. Traylor M.D., Executive Director, Colorado Department of Institutions
Defendant Jeffrey A. Sandler Director, Colorado Department of Institutions, Division for Developmental Disabilities Defendant Raymond Del Turco Superintendent, Wheat Ridge Regional Center

represented by Eric R. Decator Attorney General's Office-CO Human Resources Section Human Resources Section 1525 Sherman Street, 5th Floor DC Box 20 Denver, CO 80203 U.S.A 303-866-5660 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Eric R. Decator (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Eric R. Decator (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Eric R. Decator (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Eric R. Decator (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Eric R. Decator (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/31/1991

#

Docket Text

1 ORDER by Chief Judge Sherman G. Finesilver ; Discovery ddl 9/24/91 ; pto ddl 9/24/91 ; Pretrial Conference set 8:30 9/24/91 ; Trial to court set 9:00 11/4/91 (cc: all counsel) ; entry date : 8/1/91 (gms) (Entered:

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08/01/1991 08/02/1991
08/13/1991
08/15/1991 08/15/1991 08/15/1991 08/20/1991
08/26/1991 08/28/1991 08/29/1991 08/30/1991 08/30/1991
09/03/1991 09/05/1991

08/01/1991)
2 Motion by defendants to dismiss with prejudice before Chief Judge Sherman G. Finesilver (gms) (Entered: 08/02/1991)
3 MINUTE ORDER : by Chief Judge Sherman G. Finesilver. Pltf has to 8/20/91 to respond to defts' motion to dismiss [2-1]. Defts have to 8/30/91 to reply. (cc: all counsel) ; entry date : 8/5/91 (gms) (Entered: 08/05/1991)
4 MANDATE from the Court of Appeals; CA # 90-1307; Dt issued 8/12/91; JUDGMENT dated 6/25/91...Judgment of the district court is VACATED. Cause is REMANDED to District Court to consider whether to approve or disapprove of the stipulation as agreed upon by the parties. (gms) (Entered: 08/13/1991)
5 MOTION by plaintiff USA to vacate orders of 7/31/91 and 8/2/91 (lam) (Entered: 08/16/1991)
6 MEMORANDUM by plaintiff USA in support of motion to vacate orders of 7/31/91 and 8/2/91 [5-1] (lam) (Entered: 08/16/1991)
7 RESPONSE and or/Objection by plaintiff USA to motion to dismiss with prejudice before Chief Judge Sherman G. Finesilver [2-1] (lam) (Entered: 08/16/1991)
8 MINUTE ORDER : by Chief Judge Sherman G. Finesilver re [5-1] dfts have up to and including 8/26/91 to respond to to mtn to vacate, pla has up to and including 8/30/91 to reply (cc: all counsel) ; entry date : 8/21/91 (lam) (Entered: 08/21/1991)
9 RESPONSE by defendants to motion to vacate orders of 7/31/91 and 8/2/91 [5-1] (lam) (Entered: 08/27/1991)
10 REPLY by defendants to response and/or obj to motion to dismiss with prejudice before Chief Judge Sherman G. Finesilver [2-1] (lam) (Entered: 08/28/1991)
11 Unopposed MOTION by plaintiff USA for an extension of time to respond to defts' lst req. for admiss. and 1st set of interr. and request for prod. to 9/23/91 (gms) (Entered: 08/30/1991)
12 REPLY by plaintiff USA to response to motion to vacate orders of 7/31/91 and 8/2/91 [5-1] (gms) (Entered: 08/30/1991)
13 ORDER by Chief Judge Sherman G. Finesilver granting Pltf's motion for an extension of time to respond to defts' lst req. for admiss. and 1st set of interr. and request for prod. to 9/23/91 [11-1] (cc: all counsel) ; entry date : 8/30/91 (gms) (Entered: 08/30/1991)
14 RESPONSE by defendant to motion for an extension of time to respond to defts' lst req. for admiss. and 1st set of interr. and request for prod. to 9/23/91 [11-1] (former empl) (Entered: 09/05/1991)
15 ORDER by Chief Judge Sherman G. Finesilver finding the motion to

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09/20/1991 09/20/1991
09/20/1991 09/24/1991 09/24/1991

vacate orders of 7/31/91 and 8/2/91 [5-1] moot. re [2-1] any objs to dfts' mtn to dismiss are to be filed by 9/20/91 (cc: all counsel) ; entry date : 9/9/91 (lam) (Entered: 09/09/1991)
16 MOTION by plaintiff, defendants to stay discovery and responses to mtns (lam) (Entered: 09/23/1991)
17 MEMORANDUM of points and authorities by plaintiff, defendants in support of joint motion to stay discovery and responses to mtns [16-1] (lam) (Entered: 09/23/1991)
18 Joint NOTICE of agreement to dismiss and terminate court jurisdiction by plaintiff, defendants (lam) (Entered: 09/23/1991)
19 MOTION by plaintiff USA to withdraw objections to motion to dismiss w/ prejudice , to dismiss the action (former empl) (Entered: 09/25/1991)
20 COURTROOM MINUTES by Chief Judge Sherman G. Finesilver ; Pretrial Conference 8:30 9/24/91 held. ; Dismissal papers ddl 5:00 9/24/91 ; entry date : 9/25/91 (former empl) (Entered: 09/25/1991)

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 IN THE UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF COLORADO

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UNITED STATES OF AMERICA,

)

Plaintiff,

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-`-` • 10 All : 2

)

v.

) Civil Action No.

)

STATE OF COLORADO; RICHARD D. LAMM, Governor of the State of Colorado;

)

)

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_. ¯-._

COLORADO DEPARTMENT OF INSTITUTIONS;

)

FRANK A. TRAYLOR, M.D. , Executive Director, L·^ ,·\

Colorado Department of Institutions;

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JEFFREY SANDLER, Director, Colorado .

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Department of Institutions, Division

)

For Developmental Disabilities; RAYMOND

)

DEL TURCO, Superintendent, Wheat Ridge

)

Regional Center;

)

)

Defendants.

)

)

COMPLAINT

The UNITED STATES OF AMERICA, by and through its Attorney General, Edwin Meese III, brings this action pursuant
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to the Civil Rights of Institutionalized Persons Act of 1980, 42 U.S.C. §1997, to enjoin the named defendants from depriving persons residing at the Wheat Ridge Regional Center (Wheat Ridge), Wheat Ridge, Colorado, of rights privileges or immunities secured or protected by the United States Constitution. Attached hereto, and incorporated herein by reference, is the Certificate of the Attorney General required by 42 U.S.C. § l997(b). In support of its Complaint in this action, the United States alleges the following:
JURISDICTION, STANDING, AND VENUE 1. This Court has jurisdiction over this action under 28 U.S.C. §1345.

2. The United States has standing to initiate this action pursuant to 42 U.S.C. §l997(a).
3. Venue in the District of Colorado is proper pursuant to 28 U.S.C. §1391. The claims set forth in this Complaint all arose in said District and all named Defendants reside in said District.
4. Wheat Ridge is an institution within the meaning of 42 U.S.C. § 1997(1).
PARTIES 5. Defendant STATE OF COLORADO owns and operates Wheat Ridge, which is a state residential mental retardation facility. 6. Defendant RICHARD D. LAMM is the Governor of Colorado, and, in this capacity, heads the executive branch of the state government. He appoints the Executive Director of the Colorado Department of Institutions. 7. Defendant COLORADO DEPARTMENT OF INSTITUTIONS is responsible for the administration and operation of Wheat Ridge. 8. Defendant FRANK A. TRAYLOR is the Executive Director of the Department of Institutions, and, in this capacity, has responsibility for the operation of Wheat Ridge. He appoints and supervises the Director of the Division for Developmental Disabilities. 9. Defendant JEFFREY SANDLER is the Director of the Division for Developmental Disabilities, and, in this capacity, has responsibility for the operation of Wheat Ridge and appoints and supervises the Superintendent of Wheat Ridge. 10. Defendant RAYMOND DEL TURCO is the Superintendent of Wheat Ridge, and, in this capacity, is the chief administrator
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of Wheat Ridge and has responsibility for supervising the operations of Wheat Ridge.
11. The individual Defendants identified in paragraphs 6, 8, 9, and 10 above are officers of the executive branch of the State of Colorado and are sued in their official capacities.
FACTUAL ALLEGATIONS
12. Defendants are legally responsible, in whole or in part, for the operation of Wheat Ridge and for the conditions at Wheat Ridge and the care of persons confined at that institution.
13. At all relevant times, the Defendants or their predecessors in office have acted or failed to act, as alleged herein, under color of state law.
14. Defendants are failing to provide persons confined to Wheat Ridge with adequate medical care and treatment.
15. Defendants are failing to provide persons confined at Wheat Ridge with that level of training necessary to ensure that residents are free from unreasonable bodily restraint and undue risks to their personal safety.
16. Defendants are failing to ensure that there is an adequate number of sufficiently trained staff to render professional judgments regarding necessary care, medical treatment and training to residents at Wheat Ridge, and to implement such professional judgments.
17. Defendants are failing to ensure that medications are prescribed and administered to persons confined at Wheat
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Ridge pursuant to the exercise of professional judgment by qualified professionals and are not used in lieu of treatment or training programs or given to such persons for the convenience of staff.
18. Defendants are failing to ensure that persons confined at Wheat Ridge are protected from unreasonable risks of harm to their personal safety from the conduct of staff and other res idents.
19. Defendants are failing to ensure that the physical environment of Wheat Ridge protects persons confined at Wheat Ridge from unreasonable risks of harm to their personal safety.
20. Defendants are failing to ensure that seclusion, restraint and time out are administered to persons confined at Wheat Ridge only pursuant to the exercise of professional judgment by appropriate qualified professionals and are not used in lieu of treatment or for the convenience of staff.
VIOLATIONS ALLEGED 21. The acts and omissions of Defendants alleged in paragraphs 12 through 20 deprives persons confined at Wheat Ridge of rights, privileges or immunities secured or protected by the Constitution of the United States and such deprivation is pursuant to a pattern or practice of resistance to the full enjoyment of such rights, privileges or immunities by persons confined at Wheat Ridge.
PRAYER FOR RELIEF 22. The Attorney General is not authorized to seek any remedy at law and is authorized under 42 U.S.C. § 1997 to seek only equitable relief.
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23. Unless restrained by this Court, Defendants will continue to engage in the conduct and practices set forth in paragraphs 12-20 above, that deprive persons confined at Wheat Ridge of rights, privileges or immunities secured or protected by the Constitution of the United States, and cause irreparable harm.
WHEREFORE, the United States prays that this Court enter an order permanently enjoining Defendants, their officers, agents, employees, subordinates, successors in office, and all those acting in concert or participation with them from continuing the acts, ommissions and practices at Wheat Ridge set forth in paragraphs 12-20 above. The United States further prays that this Court grant such other and further equitable relief as it may deem just and proper.
Respectfully submitted,

BERT N. MIE¿ER '~ United States Attorney District of Colorado

Date;¿¢‰¾r
EDWIN MEESE III Attorney General
of the Uni>eTd States

A·5"sistaiftAttorney General Civil Rights Division
ARTHUR E. PEABO#‰/ JR. Chief Special Litigation Section
Date: ROBERT A. SPELKE V. COLLEEN MILLER Attorneys Special Litigation Section Civil Rights Division U.S. Department of Justice Washington, D.C. 20530
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af % Aítornpy (ien¢ral

CERTIFICATE OF THE ATTORNEY GENERAL
I, Edwin Meese III, Attorney General of the United States, certify that with regard to the foregoing Complaint, I have complied with all subsections of 42 U.S.C. §l997b(a)(1). I certify as well that I have complied with all subsections of 42 U.S.C. §l997b(a)(2). I further certify pursuant to 42 U.S.C. §l997b(a)(3) my belief that this action by the United States to be of general public importance and will materially further the vindication of rights, privileges, or immunities secured or protected by the Constitution of the United States.
I finally certify that all prerequisites to the initiation of suit under 42 U.S.C. §1997 have been met.
Pursuant to 42 U.S.C. §l997a(c), I have personally signed the foregoing Complaint. Pursuant to 42 U.S.C. §l997b(b), I am personally signing this Certificate.

Signed this 3O

day of JU/v`¿* , 1986, at Washington, D.C

EDWIN MEESE III Attorney General of
the United States