Civil Rights of the Institutionalized

CIVIL RIGHTS OF THE INSTITUTIONALIZED

HEARINGS

BEFORE THE

SUBCOMMITTEE ON THE CONSTITUTION

OF THE

COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

NINETY-SIXTH CONGRESS

FIRST SESSION

S. 10

A BILL TO AUTHORIZE ACTIONS FOR REDRESS IN CASES
INVOLVING DEPRIVATIONS OF RIGHTS OF INSTITUTIONAL-
IZED PERSONS SECURED OR PROTECTED BY THE CONSTITU-
TION OR LAWS OF THE UNITED STATES

43-519 O

FEBRUARY 9, MARCH 28 AND 29, 1979

Serial No. 96-8

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1979

HOWARD M. METZENBAUM, Ohio

DENNIS DECONCINI, Arizona

HOWELL HEFLIN, Alabama

ORRIN G. HATCH, Utah

STROM THURMOND, South Carolina
ALAN K. SIMPSON, Wyoming

NELS ACKERSON, Chief Counsel and Executive Director

MARY K. JOLLY, Staff Director

KEVIN O. FALEY, General Counsel

LOUISE MILONE, Professional Staff Member

(II)

CONTENTS

OPENING STATEMENTS

Bayh, Hon. Birch, a U.S. Senator from the State of Indiana, and chairman

Subcommittee on the Constitution___.

Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah-
Morgan, Hon. Robert, a U.S. Senator from the State of North Carolina_.
Simpson, Hon. Alan K., a U.S. Senator from the State of Wyoming____

PROPOSED LEGISLATION

S. 10, a bill to authorize actions for redress in cases involving deprivations

of rights of institutionalized persons secured or protected by the Consti-

CHRONOLOGICAL LIST OF WITNESSES

FRIDAY, FEBRUARY 9, 1979

Days, Hon. Drew S., III, Assistant Attorney General, Civil Rights Divi-

sion, Department of Justice, accompanied by John E. Huerta, Deputy

Assistant Attorney General, Policy and Planning; and Lynn Walker,

Chief, Special Litigation, Civil Rights Division, Department of Justice__

Turnbull, H. Rutherford, III, member, the National Association for Re-
tarded Citizens, government affairs committee, Washington, D.C‒‒‒‒‒

Friedman, Paul, director, Mental Health Law Project, Washington, D.C__

Silberberg, Gregory, counsel, National Center on Law and the Handicapped,

South Bend, Ind__

Lieb, Kenneth, technical assistance coordinator, Region VIII Protection

and Advocacy Agencies, Denver, Colo‒‒‒‒‒

WEDNESDAY, MARCH 28, 1979

Danforth, Hon. John, a U.S. Senator from the State of Missouri.

Exon, Hon. J. J., a U.S. Senator from the State of Nebraska___.

Rath, Hon. Thomas, attorney general, State of New Hampshire, accom-
panied by David Marshall, assistant attorney general.

Murphy, Hon. John T., deputy attorney general, State of California-

Hall, William S., M.D., State commissioner of mental health, South Caro-

lina Department of Mental Health____

270

317

Grischke, Alan E., J.D., chief counsel, division of legal services, department

of mental health and development disabilities, State of Illinois_-_.

317

THURSDAY, MARCH 29, 1979

Dean, Ernest, president, Mental Retardation Association of America,

Utah

340

Coughlin, Thomas A., III, commissioner, New York State Office of Mental

Retardation and Development Disabilities____

358

Estes, Otto, P., on behalf of the National Association of State Mental Re-
tardation Program Directors, Inc., accompanied by Mr. Guinness_.

Lottman, Michael, member, Willowbrook Review Panel, former member,

Special Litigation Section, Civil Rights Division, Department of

Justice

372

417

Katz, Ellis, acting director, Center for the Study of Federalism, Temple

University, Philadelphia, Pa---

432

ALPHABETICAL LISTING AND MATERIAL SUBMITTED FOR THE RECORD

Bayh, Hon. Birch:

Days, Hon. Drew S., III:

Illinois Department of Children and Family Services memo and

related letters_

Page

337

Gary W, brief_.

406

Coughlin, Thomas A., III: Testimony.

Testimony before the Subcommittee on Child and Human Development,

Committee on Human Resources, U.S. Senate, January 24, 1979_.

Letter to Senator Bayh on S. 10----

Danforth, Hon. John:

Testimony

Correspondence of former attorney general of Missouri, John C.

Danforth, to the Department of Justice_.

Dean, Ernest:

Testimony

Letter from Gov. Scott M. Matheson, Utah, to Sen. Birch Bayh__

Final report of the Blue Ribbon Task Force on Criminal Justice,

submitted to the Governor and the 43d legislature of the State of

Utah, November 1978__

Estes, Otto P.:

Testimony

Prepared statement_-_.

Prepared statement of the National Association of Superintendents

of Public Residential Facilities for Mentally Retarded by Norman

Letter from Nebraskt attorney general to Sen. Birch Bayh.

Resolution passed by the Nebraska legislature_.

Prepared statement of the Nebraska Association for Retarded

Citizens

Letter to Hon. J. James Exon, Governor State of Nebraska, from Paul

H. Pearson, M.D., chairman Nebraska Mental Retardation Panel__

Letter to Hon. Albert G. Schatz, judge U.S. district court, from

Paul H. Pearson, M.D., chairman Nebraska Mental Retardation

Panel

Friedman, Paul:

Testimony

Prepared statement--.

Mental Health and Human Rights: Report of the Task Panel on Legal
and Ethical Issues, submitted to the President's Commission on
Mental Health, February 15, 1978-‒‒‒‒

Testimony before the Subcommittee on the Constitution, July 1, 1977--

Grischke, Alan E., J.D.: