Jackson ex rel. Jackson v. Fort Stanton Hospital

964 F.2d 980, 1992 U.S. App. LEXIS 11155
CourtCourt of Appeals for the Tenth Circuit
DecidedMay 18, 1992
DocketNo. 91-2027
StatusPublished
Cited by1 cases

This text of 964 F.2d 980 (Jackson ex rel. Jackson v. Fort Stanton Hospital) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson ex rel. Jackson v. Fort Stanton Hospital, 964 F.2d 980, 1992 U.S. App. LEXIS 11155 (10th Cir. 1992).

Opinion

TACHA, Circuit Judge.

Intervenors appeal from a district court order that requires the parties to submit a plan to correct deficiencies at Fort Stanton Hospital and Training School (FSH & TS) and Los Lunas Hospital and Training School (LLH & TS), requires defendants to prepare a plan of transfer to a community setting for each resident of FSH & TS and LLH & TS whose interdisciplinary treatment team (IDT) recommends or has recommended transfer, and permanently enjoins defendants from permitting the IDTs to take into account the availability of community facilities when making a recommendation as to whether a resident should be transferred to a community setting. Jackson v. Fort Stanton Hosp. & Training Sch., 757 F.Supp. 1243 (D.N.M.1990). On appeal, intervenors contend that the district court erred in holding that section 504 of the Rehabilitation Act of 1973 and the Due Process Clause of the Fourteenth Amendment require that defendants transfer residents whose IDTs recommend community placement. They also contend that the court erred in holding that the Due Process Clause forbids the IDTs from considering the availability of community settings when making placement recommendations. We exercise jurisdiction under 28 U.S.C. § 1292(a)(1) over only the portion of the district court’s order that issues permanent injunctive relief, and we reverse.

BACKGROUND

In July 1987, twenty-one developmentally disabled individuals brought this civil rights class action suit on behalf of themselves and others similarly situated to challenge the institutionalization of developmentally disabled persons at FSH & TS and LLH & TS, both -of which are operated by the State of New Mexico. In their complaint, plaintiffs sought to correct the constitutional and statutory deficiencies of the conditions at FSH & TS and LLH & TS. In addition, plaintiffs sought relief allowing developmentally disabled persons at FSH & TS and LLH & TS to live in integrated, family-like settings within the community. Thirteen of the original twenty-one named plaintiffs acted as representatives of the class.

In June 1988, the district court allowed more than 125 parents and guardians of residents at FSH & TS and LLH & TS to intervene. Seeking to bring the conditions at the institutions into compliance with constitutional and statutory mandates, intervenors filed a complaint in intervention. Intervenors also opposed plaintiffs’ efforts to require mandatory transfer of the institutions’ residents to community-based facilities.

On May 23, 1989, the district court certified a class of all persons who at that time resided at FSH & TS or LLH & TS, all persons who would become residents of the institutions during the pendency of the action, and all persons who had been transferred from these two institutions to other facilities funded by defendants. The court also divided the class into two subclasses pursuant to Fed.R.Civ.P. 23(c)(4)(B). The thirteen named representatives of the original plaintiffs represented a subclass that [986]*986sought both closure of FSH & TS and LLH & TS and community placement of the residents. Intervenors comprised the other subclass seeking to improve the conditions at the institutions, but opposing mandatory transfers of the institutions’ residents.

After an eight-week trial, at which evidence was presented as to the original thirteen plaintiffs and as to conditions at the institutions, the district court entered an extensive Memorandum Order and Opinion on December '28, 1990. The court made detailed findings of fact regarding almost every aspect of the conditions at FSH & TS and LLH & TS. It found that the conditions at the institutions were statutorily and constitutionally deficient in many ways. Accordingly, the court ordered the parties to confer and to submit to the court a plan for correcting the institutions’ deficiencies.1

In its December 28, 1990 order, the district court also made various findings of fact with respect to defendants’ implementation of the IDTs’ recommendations that certain residents be placed in community settings. The court held that defendants’ manner of implementing — and in many cases failure to implement — these community-placement recommendations violated both the residents’ rights under section 504 of the Rehabilitation Act of 1973 and also their substantive due process rights guaranteed by the Fourteenth Amendment of the Constitution. The court’s holding divides into three separate parts. First, the district court held that defendants discriminated against residents with severe handicaps in violation of section 504 by excluding them “from qualitatively different facilities which are being provided to their less severely handicapped peers, despite IDT determinations that particular severely handicapped residents can live in community settings if defendants make reasonable accommodations in those settings.” Second, the court held that the defendants violated the residents’ substantive due process rights because they failed to implement recommendations by IDTs — consisting of qualified professionals — that certain of these residents should be placed in community settings. Third, the court held that defendants violated residents’ substantive due process rights by considering the present availability of community services when determining whether to recommend the residents for community placement.

The district court fashioned two forms of relief based on its findings and legal conclusions regarding defendants’ community placement processes. First, the court permanently enjoined defendants “from permitting IDTs to take into account the availability or lack of availability of community services in reaching a recommendation as to whether a resident should be served in the community.” The second form of relief granted by the district court involved the process of making and carrying out community placement recommendations. The court ordered defendants, by March 1, 1991, to “prepare a written plan of transfer to an appropriate community setting for each resident whose IDT has recommended placement in a community setting.” The district court encouraged plaintiffs and intervenors, after receiving defendants’ plans, to confer with defendants immediately “in a good faith effort to resolve their concerns” and to amend the plans accordingly. The court also afforded plaintiffs and intervenors the opportunity to “file with the court and serve on defendants a statement of any remaining objections they may have to, and their proposals for amending, any particular plan.”

With respect to residents whose IDTs had made recommendations against community placement based on the unavailability of adequate community services, the court ordered defendants — by April 1, 1991 — to “convene IDT meetings to reconsider and to make recommendations about community placement that do not take into account the present availability or unavailability of community services.” The court [987]*987ordered defendants — by no later than June 10, 1991 — to prepare transfer plans for-those residents whose IDTs, upon reconsideration, make new recommendations for community placement. The court provided plaintiffs and intervenors the same opportunity to participate in and object to these transfer plans.2

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Bluebook (online)
964 F.2d 980, 1992 U.S. App. LEXIS 11155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-ex-rel-jackson-v-fort-stanton-hospital-ca10-1992.