Evans v. Fenty’s Empirical Analysis

Citation profile

4 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As a result of these failings, class members continue to be placed in inappropriate and overly restrictive residential and day programs, rather than in the least restrictive, most integrated settings. Provider and MRDDA staff, including case managers, are not adequately trained, and case managers do not visit class members with the required frequency and do not adequately address deficiencies in class members’ care. In many instances, class members do not receive the needed services and supports that have been identified in their ISPs. Protocols necessary to protect class members’ health and safety, such as feeding, positioning, and behavioral plans, are routinely not followed. Health risks are not adequately assessed and monitored for many class members, and recommendations by health care providers are not implemented in a timely manner. While incidents of abuse and neglect of class members persist, defendants have failed to ensure that these and other serious incidents, including class member deaths, are investigated in a timely manner, that the results of such investigations are shared with providers, and that recommended corrective and preventive actions are implemented. Defendants have also compromised the monitoring process by altering death investigation reports.”

   1 later decision quote this exact passage · from the majority
   e.g. 701 F. Supp. 2d 126 - Evans v. Fenty

2. “defendants have failed in many significant respects to accomplish the tasks and outcome criteria associated with the Court’s Orders relating to class member safety and to comply with the terms of the Orders themselves. Defendants’ performance in the areas discussed above provides ample evidence that defendants have failed to comply with the Court’s Orders prohibiting all acts of “physical or psychological abuse, neglect or mistreatment” of class members, requiring the prompt reporting and investigation of all such incidents and the prompt dissemination of the reports of such investigations to the Court Monitor and other interested parties, requiring the development and implementation of appropriate training programs for all staff, including staff assigned to residential settings, and requiring defendants to provide necessary monitoring mechanisms.”

   1 later decision quote this exact passage · from the majority
   e.g. 701 F. Supp. 2d 126 - Evans v. Fenty

3. “defendants have failed in many significant respects to accomplish the tasks and to achieve the outcome criteria in the 2001 Plan that relate to the Court’s Orders regarding the provision of health care and to comply with the terms of the Orders themselves. Defendants’ deficient performance with respect to these measures provides ample evidence that defendants have failed to comply with the Court’s Order that “[a] program of medical, dental and health related services which provides accessibility, quality and continuity of care is required,” as well as with Court Orders requiring development of habilitation plans and programs that incorporate all services needed by class members and implementation of appropriate training programs for all staff.”

   1 later decision quote this exact passage · from the majority
   e.g. 701 F. Supp. 2d 126 - Evans v. Fenty