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 |
Date
Filed |
Status |
Type of Institution |
General Conditions Claim |
IDEA1/
5042
Claims |
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
|