2011: The METO Lawsuit and Jensen Settlement Agreement Accepted
At the December 1, 2011 Fairness Hearing before U.S. District Court Judge Donovan Frank, the METO Settlement Agreement was accepted. Judge Frank issued the official Order on December 5, 2011.
In this first videotaped interview with Shamus O'Meara, counsel for the Plaintiffs in the METO class action lawsuit, he talks about his decision to take the case back in 2009, the legal issues involved, and some of the critical aspects of the Settlement Agreement, including the focus on staff training around person centered planning, and the establishment of both an Olmstead Committee and Rule 40 Committee.
https://mn.gov/mnddc/meto-settlement/
In December 2011, Judge Frank approved a settlement agreement that awarded the plaintiffs $2.9 million, shut down the treatment program, and required the state to:
Shamus O'Meara, Counsel for the Plaintiffs
"…immediately and permanently discontinue the use of mechanical restraint (including metal law enforcement-type handcuffs and leg hobbles, cable tie cuffs, PlasticCuffs, FlexiCuffs, soft cuffs, posey cuffs and any other mechanical means to restrain), manual restraint, prone restraint, chemical restraint, seclusion, and the use of painful techniques to induce changes in behavior through punishment of residents with developmental disabilities. Medical restraint and psychotropic and/or neuroleptic medications shall not be administered to residents for punishment, in lieu of adequate and appropriate habilitation, skills training and behavior supports plans, for the convenience of staff and/or as a form of behavior modification."
The Jensens (father and son)
Approximately $130,000 remained in settlement funds after certain class-action members declined payment, asking instead that the court "do something good with the money." In response to that request, Frank ordered a cy pres fund be established for a public education campaign to break stereotypes about people with developmental disabilities.
Judge Frank has had to appoint a court monitor, disability rights lawyer David Ferleger, to oversee implementation of the settlement agreement and has twice extended the court's jurisdiction over the case in the face of the state's continued failure to live up to its agreement.
Lawsuit settled over treatment of disabled residents in state-run institution
by Sasha Aslanian, Minnesota Public Radio (MPR), St. Paul, MN, Dec 1, 2011
A federal judge gave final approval Thursday to a settlement reached between the State of Minnesota and 300 developmentally disabled former residents of a state-run institution. Jensen v. Minnesota Department of Human Services, heard by U.S. District Judge Donovan Frank in St. Paul, Minn., alleged that Minnesota Extended Treatment Options, a facility in Cambridge, frequently subjected patients with developmental disabilities to "improper and inhumane use of seclusion and mechanical restraints." METO closed in June of this year.
Family members of three patients first raised concerns in 2007. The state ombudsman launched a year-long investigation that found "People were being routinely restrained in a prone face down position and placed in metal handcuffs and leg hobbles."
Lorie Jensen of Little Canada is the mother of Bradley Jensen, the lead plaintiff in the case. In 2007, her autistic son was committed to META when he was 18. Jensen became worried when she noticed marks and bruises around her son's wrists. She struggled to understand what was happening, and found METO staff evasive, then combative. "When it was revealed to me the horror of what they were doing to him, I was the first one to report," Jensen said. She then went to The Arc of Minnesota which advocates on behalf of people with disabilities. The Arc's Brad Hansen told the courtroom today that Bradley Jensen was restrained 251 times. He now lives in a group home in Maple Grove.
Bradley Jensen
Photo courtesy Lorie Jensen
Bradley's mother says he is still traumatized. "His trust is not really there anymore," she said. Jensen is pleased the settlement will prevent future abuses like those her son endured. The settlement includes not only compensation for victims, but a far-ranging plan to improve the treatment of disabled people in the state.
"It's an extraordinary agreement that we believe is unprecedented in Minnesota," said Shamus O'Meara, lead attorney for the class action plaintiffs. "It will benefit not only the class members — the several hundred class members with developmental disabilities — but also the nearly 100,000 citizens with developmental disabilities and their families."
The settlement mandates training for DHS staff with an emphasis on positive behavioral support and requires regular reporting over the next two years. "The department is prohibited from the use of restraints except in emergency circumstances," said DHS deputy commissioner Anne Barry in an interview. The only restraints now allowed are made of Velcro and only in the case of an emergency.
The settlement has a long-term goal to institutionalize fewer people. The 1999 U.S. Supreme Court Olmstead ruling found that institutionalizing a person with a disability who, with proper support, could live in the community is discrimination. The settlement calls for the creation of an Olmstead Plan to hasten Minnesota's compliance in caring for people in the least-restrictive environments. A Rule 40 committee will determine best practices for those committed to institutions.
https://www.mprnews.org/story/2011/12/01/lawsuit-settled-state-institution