Table 1. Recent Class Action Litigation Involving Educational Claims for Students With Disabilities in Juvenile Correctional Facilities
Case Name,
Case Number,
and Court of Origin
Status Type of Institution General Conditions Claim IDEA1/
A.C. v. McDonnel
No. 95 WY 1838 (D. Colo.)
7/21/95 Pending Detention Center   IDEA
Alexander S. v. Boyd
3:90-3062-17 (D.S.C.)
12/28/90 Trial 1994: court ruling 1/25/95 Training School X Both
Andre H. v. Sobol
84 Cir. 3114 (DNE) (S.D.N.Y.)
5/3/84 Stipulation and order of settlement 9/90 Detention Center   Both
Anthony C. v. Pima County
No. CIV-82-501-TUC-ACM (D.Ariz.)
8/10/82 Stipulation and agreement 1/20/85 Detention Center X Both
Bobby M. v. Chiles
No. TCA-83-7003 (N.D. Fla.)
1/5/83 Settlement agreement 5/7/87; order (terminating consent decree) 11/6/96 Training School X Both
D.B. v. Casey
No. 91-6463 (E.D. Pa.)
10/16/91 Stipulation of settlement 4/9/93 Training School X Both
Doe v. Foti
No. 93-1227 (E.D. La.)
4/13/93 Partial settlement on education issues 3/95 Detention Center X Both
Doe v. Napper
No. 1-93-CV-642-JEC (N.D. Ga.)
3/26/93 Pending Detention Center X IDEA
Doe v. Yonger
No. 91-187 (E.D. Ky.)
11/21/91 Pending Detention Center X Both
E.R. v. McDonnel
No. 94-N-2816 (D. Colo.)
12/8/94 Settlement agreement and order 5/9/97 Detention Center X IDEA
Earl P. v. Hornbeck
No. N-85-2973 (D. Md.)
7/12/85 Consent decree 10/19/87 Training School   IDEA
G.C. v. Coler
No. 87-6220 (S.D. Fla.)
3/30/87 Court order of dismissal on education issues; consent decree on balance of issues 12/15/88 Detention Center X Both
Gary H. v. Hegstrom
No. 77-1039-BU (D. Or.)
12/23/77 Stipulated dismissal 7/20/893 Detention Center X Both
Horton v. Williams
No. C94-5428 RJB (W.D. Wash.)
8/17/94 Partial settlement 7/26/95 Training School X IDEA
James v. Jones
No. C-89-0139-P (H) (W.D. Ky.)
1/7/93 Pending Detention Center X See Note4
Jerry M. v. District of Columbia
No. 1519-85 (IFP) (D.C. Super Ct.)
3/85 Consent decree 7/24/86 Detention Center; Training School X IDEA
John A. v. Castle
No. 90-200-RRM (D. Del.)
5/1/90 Settlement agreement 3/25/94 Detention Center; Training School X Both
Johnson v. Upchurch
No. 86-195 TUC RMB (D. Ariz.)
4/6/86 Consent decree 5/6/93 Training School X IDEA
Nick O. v. Terbune
No. S-89-0755 RAR-JFM (E.D. Cal)
5/25/89 Stipulation and order 2/16/90 Training School   Both
Shaw v. San Francisco
No. 915763 (Cal. Super. Ct. City of San Francisco)
2/8/90 Agreement 10/4/93 Detention X IDEA
Smith v. Wheaton
No. H-87-190 (PCD) (D. Conn.)
3/4/87 Pending Training School   Both
T.I. v. Delia
No. 90-2-16125-1 (Wash. Super. Ct., King County)
8/10/94 Partial settlement 11/26/90; stipulation and consent judgement 10/27/93 Detention Center X See note5
T.Y. v. Shawnee County
No. 94-079-DES (D. Kan.)
5/19/94 Settlement agreement and consent decree 7/28/95 Detention Center X IDEA
United States v. Puerto Rico
No. 94-2080 (CC) (D.P.R.)
8/10/94 Consent order 10/6/94; final agreement pending Detention Center; Training School X IDEA
W.C. v. Debruyn
No. IP 90-40-C (S.D. Ind.)
1/16/90 Stipulation to enter consent decree 9/29/91 Training School X IDEA

  1. Individuals With Disabilities Education Act

  2. Section 504 of the Vocational Rehabilitation Act of 1973 is civil rights law for persons with disabilities. It prohibits discrimination against persons with disabilities by programs receiving Federal financial assistance. Although Sections 504 defines handicaps or disabilities more broadly than IDEA, education regulations implementing Section 504 [34 CFR 104 et seq.] are very similar to those for IDEA.

  3. The Ninth Circuit in 831 F.2d 1430 (1987) affirmed the 1984 district court ruling that conditions in the isolation unit violated constitutional rights of juveniles but reversed the remedial order. Special education issues were not addressed in the court rulings or the dismissal order.

  4. Educational claims based on 8th and 14th amendments of the U.S. Consortium.

  5. Educational claims based on due process clause of 14th amendment of the U.S. Constitution.