Virginia Central State Hospital
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
UNITED STATES OF AMERICA, Plaintiff
THE COMMONWEALTH OF VIRGINIA; THE HONORABLE JAMES S. GILMORE III, Governor of Virginia; RICHARD KELLOGG, Commissioner of the Department of Mental Health, Mental Retardation, and Substance Abuse Services; and LARRY A. LATHAM, Director of Central State Hospital, Defendants.
1. The Attorney General of the United States brings this action on behalf of the United States of America, pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. §§ 1997-1997j, to enjoin the named Defendants from depriving persons residing at Central State Hospital ("CSH") in Dinwiddie County, Virginia, of rights, privileges or immunities
secured or protected by the laws and Constitution of the United States.
JURISDICTION, STANDING AND VENUE
2. This Court has jurisdiction over this action pursuant
to 28 U.S.C. § 1345.
3. The United States has standing to maintain this action
pursuant to 42 U.S.C. § 1997a.
4. The Attorney General has certified that all pre-filing
requirements specified in 42 U.S.C. § 1997b have been met and
that she has the "reasonable cause to believe" set forth in 42 U.S.C. § 1997a. The Certificate of the Attorney General is appended to this Complaint and is incorporated herein.
5. Venue in the United States District Court for the
Eastern District of Virginia is proper pursuant to 28 U.S.C. § 1391.
6. Defendant COMMONWEALTH OF VIRGINIA ("Virginia" or
"State") owns and operates CSH, a facility for persons with
7. Defendant JAMES S. GILMORE III is the Governor of the
Commonwealth of Virginia, and, in this capacity, heads the
Executive Branch of the State's government and, among other
duties, reviews and approves budget requests submitted by
Executive Branch agencies regarding state institutions. He
selects and appoints the Commissioner of the Department of Mental
Health, Mental Retardation, and Substance Abuse Services.
8. Defendant RICHARD KELLOGG is the Commissioner of
Virginia's Department of Mental Health, Mental Retardation, and
Substance Abuse Services ("DMHMRSAS") and, in this capacity,
exercises administrative control of, and responsibility for, the
9. Defendant LARRY A. LATHAM is the Director of CSH, and
is responsible for the administration and day-to-day operations
10. The individual Defendants named in paragraphs 7, 8, and
9 are officers of the Executive Branch of the Commonwealth of
Virginia and are sued in their official capacities.
11. CSH is an "institution" as that term is defined in 42 U.S.C. § 1997(1)(A), (1)(B)(i) and (1)(B)(v).
12. Persons residing at the institution are "qualified
individual[s] with a disability" under the Americans with
Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12101, 12131.
13. The Commonwealth of Virginia, DMHMRSAS, and CSH are
"public entities" under Title II of the ADA, 42 U.S.C. § 12131.
14. Defendants are legally responsible, in whole or in
part, for the operation of and conditions at the institution, as
well as for the care and treatment of persons residing at the
15. At all relevant times, Defendants have acted or failed
to act, as alleged herein, under color of state law.
16. Defendants have failed and are continuing to fail to
provide reasonably safe conditions and to ensure the reasonable
safety of CSH patients.
17. Defendants have failed and are continuing to fail to
provide adequate medical and mental health care to CSH patients.
18. Defendants have failed and are continuing to fail to
ensure that CSH patients are free from undue or unreasonable
restraint and seclusion.
19. Defendants have failed and are continuing to fail to
ensure that use of restraint and seclusion at CSH is authorized by appropriately qualified professionals in keeping with accepted professional standards, and is not used as punishment, in lieu of
treatment, or for the convenience of staff.
20. Defendants have failed and are continuing to fail to
ensure that medications are prescribed and administered to CSH
patients by appropriately qualified professionals in keeping with
accepted professional standards, and are not used as punishment,
in lieu of treatment, or for the convenience of staff.
21. Defendants have failed and are continuing to fail to
provide CSH patients with that level of treatment and training
necessary to protect the patients' liberty interests, including
their right to treatment and training sufficient to ensure safety
and freedom from undue restraint.
22. Defendants have failed and are continuing to fail to
provide a sufficient number of adequately trained staff to render
the essential care, treatment and training, outlined above in
paragraphs 16 through 21, as required by the Constitution of the
23. Defendants have failed and are continuing to fail to
maintain professionally based record keeping and record review
systems to ensure that patient records contain accurate, up-to-date and relevant information necessary to enable staff to provide adequate care, treatment, and training to CSH patients.
24. Defendants have failed and are continuing to fail to
ensure that CSH patients are evaluated by appropriate
professionals for placement in the most integrated setting and
placed in the most integrated setting appropriate to each
patient's individual needs.
25. Defendants have failed and are continuing to fail to
meet the requirements of the Americans with Disabilities Act of
1990, 42 U.S.C. §§ 12101 et seq., and the regulations promulgated
pursuant thereto, by excluding the persons living at CSH, by
reason of their disability, from participation in or by denying
them the benefits of services, programs, or activities, or by
subjecting them to discrimination, and by failing to administer
services, programs, and activities in the most integrated setting
appropriate to their needs.
26. The acts and omissions alleged in paragraphs 16 through
25 infringe upon the patients' legal rights and substantive
liberty interests and constitute resistance to their full
enjoyment of rights, privileges or immunities secured or
protected by the Constitution or laws of the United States, and
deprive CSH patients of such rights, privileges or immunities.
27. Unless restrained by this Court, Defendants will
continue to engage in the conduct and practices set forth in
paragraphs 16 through 25 that deprive CSH patients of rights,
privileges, or immunities secured or protected by the laws and
Constitution of the United States, and cause irreparable harm to
PRAYER FOR RELIEF
28. The Attorney General is authorized under 42 U.S.C. § 1997a to seek only equitable relief.
WHEREFORE, the United States prays that this Court enter an
order permanently enjoining Defendants, their agents, employees,
subordinates, successors in office, and all those acting in
concert or participation with them from continuing the acts,
practices and omissions at the institutions set forth in
paragraphs 16 through 25, and to require Defendants to take such
action as will bring Defendants into compliance with federal law
and provide constitutional conditions of care to persons who reside at CSH. The United States further prays that this Court grant such other and further equitable relief as it may deem just
JANET RENO, Attorney General of the United States
HELEN FAHEY, United States Attorney, Eastern District of Virginia
BILL LANN LEE, Acting Assistant Attorney General, Civil Rights Division
STEVEN H. ROSENBAUM, Chief, Special Litigation Section
ROBINSUE FROHBOESE, Deputy Chief, Special Litigation Section
DAVID DEUTSCH, Senior Trial Attorney
U.S. Department of Justice
Civil Rights Division
Special Litigation Section
P.O. Box 66400
Washington, D.C. 20035-6400