The Department of Justice Complaint Regarding
Glenwood and Woodward
11-17-2004

IN THE UNITED STATES DISTRICT FOR THE
SOUTHERN DISTRICT OF IOWA

[http://www.usdoj.gov/crt/split/documents/split_state_iowa_comp_11.17.04.pdf]

 

 UNITED STATES OF AMERICA

 Plaintiff,

v.

THE STATE OF IOWA; THOMAS J. VILSACK, Governor of the State of Iowa

 Defendants.

 COMPLAINT

PLAINTIFF, THE UNITED STATES OF AMERICA, by its undersigned attorneys, hereby alleges upon information and belief:

1.         The Attorney General files this Complaint on behalf of the United States of America pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997, to enjoin the named Defendants from depriving residents housed in the Glenwood Resource Center (Glenwood) and the Woodward Resource Center (Woodward) of rights, privileges, or immunities secured and protected by the Constitution and laws of the United States.

 JURISDICTION AND VENUE

2.         This Court has jurisdiction over this action under28 U.S.C. §§ 1331 and 1345. 

3.         The United States is authorized to initiate this action pursuant to 42 D.S.C. § 1997a.

4.         The Attorney General has certified that all pre-filing requirements specified in 42 U.S.C. § 1997b have been met. The Certificate of the Attorney General is appended to this Complaint and is incorporated herein.

5.         Venue in the Southern District of Iowa is proper pursuant to 28 D.S.C. § 1391.

DEFENDANTS

6.         Defendant State of Iowa owns and operates Glenwood and Woodward. Glenwood is located in Glenwood, Iowa. Woodward is located in Woodward, Iowa

7.         Defendant Thomas J. Vilsack is Governor of the State of Iowa. In his capacity as the State's chief executive, he is the most senior official who is responsible for the operation of Woodward and Glenwood.

FACTUAL ALLEGATIONS

8.         Defendants are legally responsible, in whole or in part, for the operation of Glenwood and Woodward, for the conditions of each facility, and the health and safety of persons confined or residing in both facilities.

9.         At all relevant times, Defendants acted or failed to act, as alleged herein, under color of state law.

10.       Glenwood and Woodward are institutions within the meaning of 42 D.S.C. § 1997(1).

11.       Persons institutionalized at Glenwood and Woodward suffer from mental disabilities that range from mild to profound.

12.       Persons institutionalized at Glenwood and Woodward include "qualified individual[s] with a disability" for purposes of the Americans with Disabilities Act (ADA) and implementing regulations.    42 U.S.C.  § 12101 et.seq., 28 C.F.R. Part 35.

13.       Defendants, and Glenwood and Woodward, are "public entit[ies]" under the ADA and implementing regulations.

14.       Defendants have failed and continue to fail to provide adequate medical, nursing, neurological, psychological, nutritional, habilitation, therapy, and psychiatric care services to Glenwood and Woodward residents, to ensure that these residents are free from undue and unreasonable restraint, and to otherwise protect Glenwood and Woodward residents from harm.

15.       Defendants have failed and continue to fail to assess Glenwood and Woodward residents to ascertain whether residents of these facilities are receiving adequate treatment, supports, and services in the most integrated setting appropriate to their individual needs; that those individual residents whom professionals determine should be placed in community programs are placed in such programs, when appropriate; and that the institution’s residents are served in the most integrated setting appropriate to each resident's individual needs.

VIOLATIONS ALLEGED

16.       The acts and omissions alleged in paragraphs 14 and 15constitute a pattern or practice that violates Glenwood and Woodward residents' federal rights as protected by the Fourteenth Amendment to the Constitution of the United States and by other federal law.         

17.       The acts and omissions alleged in paragraph 15 violate the Americans with Disabilities Act and implementing regulations. 42 U.S.C. § 12101 et seq., 28 C.F.R. Part 35.

18.       Unless restrained by this Court, Defendants will continue to engage in the acts and omissions set forth in paragraphs 14-15 that deprive Glenwood and Woodward residents of rights, privileges, or immunities secured or protected by the Constitution of the United States and federal law, and will cause irreparable harm to these residents.

PRAYER FOR RELIEF

19.      The Attorney General is authorized under 42 U.S.C.§ 1997 to seek equitable and declaratory relief.

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, omissions, and practices set forth in paragraphs 14-15 above, and that this Court require Defendants to take such actions as will ensure lawful conditions of institutionalization are afforded to residents of Glenwood and Woodward, including the provision of adequate treatment in the most integrated setting appropriate to their individual needs. The United States further prays that this Court grant such other and further equitable relief as it may deem just and proper.

Respectfully submitted,     

   Dated 11-17-2004