Significant Litigations

SELECTED CASES FROM CLA’S 20 YEAR HISTORY

Case

Start
Date

DESCRIPTION OF BASIC FACTS AND ISSUES

End Date

Sweezy v.
Woodard, et al.
1978 The North Carolina Department of Corrections (DOC) forced prison inmates to take psychotropic drugs without any due process safeguards. CLA and co-counsel filed a class action on behalf of this population. Result: In a consent decree the DOC agreed to new substantive and procedural safeguards for inmates. 1987

Baugh v.
Woodard, et al. 1978 DOC regularly transferred prison inmates to psychiatric hospitals without due process. A class action was filed on behalf of these inmates. Result: District Court order required the DOC to develop and implement a mental health transfer policy which incorporated due process safeguards demanded by CLA and co-counsel. 1987

Willie M. et al 1979 North Carolina children with mental disabilities who exhibited aggressive behaviors received inadequate habilitation services. CLA filed a class action on behalf of these children and successfully settled the case. Result: Approximately 1200 North Carolina children per year now receive appropriate mental health and educational services 1980

Thomas S. 1982 Individuals with mental retardation were kept in psychiatric hospitals where they were unnecessarily drugged and restrained. Furthermore, the psychiatric hospitals ignored habilitation needs of these individuals. CLA brought an individual action against the North Carolina Department of Human Resources and later converted the case into a class action. Result: The litigation concluded with an order that required the State to provide appropriate services to class members. It also positively impacted professional standards and the funding of the mental health system in North Carolina. 1998

In re Truedale 1984 Residents at state mental retardation institutions were forced to undergo sterilization. The North Carolina Association for Retarded Children filed a lawsuit against the State and CLA supported their efforts with an Amicus Brief . Result: The Court held that mentally retarded individuals could not be sterilized unless the person was likely to engage in sexual behavior and was unable or unwilling to use contraceptives. 1985

Snow v. UNC- Chapel Hill 1985 UNC-Chapel Hill discriminated against an employee with a mental disability and terminated his employment. CLA represented this individual at the State Personnel Commission. Result: The Commission held that the Section 504 of the Rehabilitation Act entitled the individual to reasonable accommodations for his disability. He was reinstated and reimbursed. 1985

Eddie D. v. Division of Mental Health 1987 his young man lived in a group home in Union County. The home was established for school-aged children and when he aged out of the home the State attempted to force him to live in an institution. CLA filed an action on his behalf in State Court. Result: The court granted a preliminary injunction and while the court denied a permanent injunction, the facility was converted into a group home for adults. Our client and his housemates were permitted to stay in the home in community. 1991

Yarborough et al 1990 A poorly run rest home was shut down by the state and the administrators of the home kept monies that belonged to the residents. CLA brought a class action on behalf of the residents. Result: The case successfully settled and all residents received the money owed to them. 1990

Almond v. Cabarrus Co. Schools 1991 Cabarrus County Schools placed a child with special needs in a completely segregated facility away from his normally developing peers. CLA filed for due process on behalf this child. Result: The case settled and the child was sent to his home school in a new and accessible building. 1991

Blackwell v. City of Hendersonville 1992 Hendersonville refused to grant a special use permit to a small apartment complex for mentally ill adults. CLA represented the residents in a lawsuit against Hendersonville. Result: After CLA successfully moved for a preliminary injunction against the town, the case successfully settled and the clients received the appropriate special use permit. Also, as a direct result of this case, HUD awarded funds to the group home for continued operation. 1992

In re Jeffry L. 1993 An individual with mental retardation lived in a group home and was sexually assaulted by a staff member of the home. The Department of Social Services investigated and verified the complaint; however, the group home refused to fire the attacker. CLA filed a grievance with the area mental health board. Result: The area program adopted new policies that required the termination of anyone against whom an abuse claim was filed and later verified by the Department of Social Services. 1993

In re Junius Wilson 1993 LA advocated on behalf of a ninety-year-old deaf man forced to live in a state mental hospital his whole life. He was not mentally ill nor had he ever been. Result: The State agreed to provide Mr. Wilson with appropriate housing and round the clock attention. Furthermore, the state agreed to teach him how to use sign language. 1993

House, et al v. Hillhaven 1994 Residents of a nursing home received deplorable care. A class action was filed by CLA against the nursing home and the State of North Carolina. Result: The state settled with the residents and agreed to appropriately regulate nursing home activity and licensure. Furthermore, this lawsuit prompted the Legislature to create the Penalty Review Committee and mandated the committee to impose increased monetary sanctions for the violation of long-term care patients' rights. 1995

Ada L. v. North Carolina DHR 1995 tate Hospital forced a child resident to attend a segregated school. The child wished to attend school with her non-disabled peers. CLA filed a petition for due process hearing. Result: Administrative Law Judge ruled that the segregated setting violated the child's right to a free appropriate education and child was permitted to attend public school. 1995

Gloria D. v.
Chapel Hill
Carboro Schools 1996 School failed to provide child with traumatic brain injury with an appropriate special education and related services based upon his academic and behavioral needs. This failure resulted in the child behaving inappropriately. CLA represented the child at the state administrative and federal court level. Result: In the consent order the school agreed to provide appropriate remediation for this child and also hired an aide for the child. 1997

Anthony D., et al.,
v. Freeman 1995 DOC failed to properly evaluate, identify or provide special education for school aged prison inmates. CLA and co-counsel brought a class action on behalf of these children. Result: The parties negotiated a favorable settlement in which the state agreed to properly screen, evaluate, identify and provide appropriate special educational services for special needs children in prison. 1998

Becky Wood, Guardian for Mary
Short v. Visingardi

2003
Mary Short spent more than 40 years at Cherry Hospital in Goldsboro until, in 1993 as a member of the Thomas S. class, she moved to a group home in Stoneville, N.C. Since 1997, the state had provided a one-on-one aide for forty hours per week to assist Ms. Short who has diagnoses of both mental retardation and mental illness. In 2003 the state cut off funding for her one-on-one aide without consulting her treatment team or guardian. The guardian filed an administrative appeal and CLA attorney Deborah Greenblatt tried the case in the fall. In late December the Administrative Law Judge issued a decision finding that although there is no entitlement to a state funded service, where a service was prescribed by a patient's treatment team, the state cannot unilaterally change someone's treatment plan without going through that same treatment team process. Ms. Short's aide was ordered restored. The state is expected to appeal the decision. Click here for the full document.
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Case	Start Date	DESCRIPTION OF BASIC FACTS AND ISSUES	End Date
Sweezy v. Woodard, et al.	1978	The North Carolina Department of Corrections (DOC) forced prison inmates to take psychotropic drugs without any due process safeguards. CLA and co-counsel filed a class action on behalf of this population. Result: In a consent decree the DOC agreed to new substantive and procedural safeguards for inmates.	1987
Baugh v. Woodard, et al.	1978	DOC regularly transferred prison inmates to psychiatric hospitals without due process. A class action was filed on behalf of these inmates. Result: District Court order required the DOC to develop and implement a mental health transfer policy which incorporated due process safeguards demanded by CLA and co-counsel.	1987
Willie M. et al	1979	North Carolina children with mental disabilities who exhibited aggressive behaviors received inadequate habilitation services. CLA filed a class action on behalf of these children and successfully settled the case. Result: Approximately 1200 North Carolina children per year now receive appropriate mental health and educational services	1980
Thomas S.	1982	Individuals with mental retardation were kept in psychiatric hospitals where they were unnecessarily drugged and restrained. Furthermore, the psychiatric hospitals ignored habilitation needs of these individuals. CLA brought an individual action against the North Carolina Department of Human Resources and later converted the case into a class action. Result: The litigation concluded with an order that required the State to provide appropriate services to class members. It also positively impacted professional standards and the funding of the mental health system in North Carolina.	1998
In re Truedale	1984	Residents at state mental retardation institutions were forced to undergo sterilization. The North Carolina Association for Retarded Children filed a lawsuit against the State and CLA supported their efforts with an Amicus Brief . Result: The Court held that mentally retarded individuals could not be sterilized unless the person was likely to engage in sexual behavior and was unable or unwilling to use contraceptives.	1985
Snow v. UNC- Chapel Hill	1985	UNC-Chapel Hill discriminated against an employee with a mental disability and terminated his employment. CLA represented this individual at the State Personnel Commission. Result: The Commission held that the Section 504 of the Rehabilitation Act entitled the individual to reasonable accommodations for his disability. He was reinstated and reimbursed.	1985
Eddie D. v. Division of Mental Health	1987	his young man lived in a group home in Union County. The home was established for school-aged children and when he aged out of the home the State attempted to force him to live in an institution. CLA filed an action on his behalf in State Court. Result: The court granted a preliminary injunction and while the court denied a permanent injunction, the facility was converted into a group home for adults. Our client and his housemates were permitted to stay in the home in community.	1991
Yarborough et al	1990	A poorly run rest home was shut down by the state and the administrators of the home kept monies that belonged to the residents. CLA brought a class action on behalf of the residents. Result: The case successfully settled and all residents received the money owed to them.	1990
Almond v. Cabarrus Co. Schools	1991	Cabarrus County Schools placed a child with special needs in a completely segregated facility away from his normally developing peers. CLA filed for due process on behalf this child. Result: The case settled and the child was sent to his home school in a new and accessible building.	1991
Blackwell v. City of Hendersonville	1992	Hendersonville refused to grant a special use permit to a small apartment complex for mentally ill adults. CLA represented the residents in a lawsuit against Hendersonville. Result: After CLA successfully moved for a preliminary injunction against the town, the case successfully settled and the clients received the appropriate special use permit. Also, as a direct result of this case, HUD awarded funds to the group home for continued operation.	1992
In re Jeffry L.	1993	An individual with mental retardation lived in a group home and was sexually assaulted by a staff member of the home. The Department of Social Services investigated and verified the complaint; however, the group home refused to fire the attacker. CLA filed a grievance with the area mental health board. Result: The area program adopted new policies that required the termination of anyone against whom an abuse claim was filed and later verified by the Department of Social Services.	1993
In re Junius Wilson	1993	LA advocated on behalf of a ninety-year-old deaf man forced to live in a state mental hospital his whole life. He was not mentally ill nor had he ever been. Result: The State agreed to provide Mr. Wilson with appropriate housing and round the clock attention. Furthermore, the state agreed to teach him how to use sign language.	1993
House, et al v. Hillhaven	1994	Residents of a nursing home received deplorable care. A class action was filed by CLA against the nursing home and the State of North Carolina. Result: The state settled with the residents and agreed to appropriately regulate nursing home activity and licensure. Furthermore, this lawsuit prompted the Legislature to create the Penalty Review Committee and mandated the committee to impose increased monetary sanctions for the violation of long-term care patients' rights.	1995
Ada L. v. North Carolina DHR	1995	tate Hospital forced a child resident to attend a segregated school. The child wished to attend school with her non-disabled peers. CLA filed a petition for due process hearing. Result: Administrative Law Judge ruled that the segregated setting violated the child's right to a free appropriate education and child was permitted to attend public school.	1995
Gloria D. v. Chapel Hill Carboro Schools	1996	School failed to provide child with traumatic brain injury with an appropriate special education and related services based upon his academic and behavioral needs. This failure resulted in the child behaving inappropriately. CLA represented the child at the state administrative and federal court level. Result: In the consent order the school agreed to provide appropriate remediation for this child and also hired an aide for the child.	1997
Anthony D., et al., v. Freeman	1995	DOC failed to properly evaluate, identify or provide special education for school aged prison inmates. CLA and co-counsel brought a class action on behalf of these children. Result: The parties negotiated a favorable settlement in which the state agreed to properly screen, evaluate, identify and provide appropriate special educational services for special needs children in prison.	1998
Becky Wood, Guardian for Mary Short v. Visingardi	2003	Mary Short spent more than 40 years at Cherry Hospital in Goldsboro until, in 1993 as a member of the Thomas S. class, she moved to a group home in Stoneville, N.C. Since 1997, the state had provided a one-on-one aide for forty hours per week to assist Ms. Short who has diagnoses of both mental retardation and mental illness. In 2003 the state cut off funding for her one-on-one aide without consulting her treatment team or guardian. The guardian filed an administrative appeal and CLA attorney Deborah Greenblatt tried the case in the fall. In late December the Administrative Law Judge issued a decision finding that although there is no entitlement to a state funded service, where a service was prescribed by a patient's treatment team, the state cannot unilaterally change someone's treatment plan without going through that same treatment team process. Ms. Short's aide was ordered restored. The state is expected to appeal the decision. Click here for the full document.	----