BATON ROUGE - Disability Rights Louisiana filed a federal complaint on July 23 in the U.S. District Court Middle District of Louisiana against Dr. Courtney N. Phillips, in her official capacity as the Secretary of the Louisiana Department of Health (LDH).
According to the complaint, DRLA has been investigating allegations of improper restraints, questionable death circumstances, inappropriate or harmful living situations, denial of access to mail and telephone, and lack of required medical care at Westside Habilitation Center for more than five years.
Between January 1, 2021, and July 13, 2021, DRLA’s CLOP Ombudsmen filed 10 formal complaints with the Louisiana Department of Health regarding Westside Habilitation Center and the treatment of the residents in their care.
These formal complaints addressed improper restraints; physical assault by peer; alleged sexual assault; severe weight loss; injuries in restraint; sexual abuse; inappropriate or excessive physical restraints; seclusion; physical assault; denied access to telephone; failure to receive timely medical care; injuries while in restraints; failure to provide needed or appropriate medical treatment; excessive medication; missing funds; due process violations; housing residents in an unlicensed facility; lack of appropriate health and behavioral supports; unsanitary conditions; lack of appropriate health care; insufficient staffing leading to resident death; failure to timely implement emergency protocol excessive medication use; and failure to carry out physician orders.
On March 25, 2021, DRLA requested from LDH, in an email to LDH Deputy General Counsel, electronic copies that were never received, and DRLA alleges that LDH is in violation of rights and obligations to PADD Act in protection of those with disabilities.
DRLA seeks for the court to declare LDH in violation of 28 U.S.C 2201 and 2202 and 42 U.S.C 1983. DRLA also seeks preliminary and permanent injunctions requiring LDH to provide records requested, to waive the security requirement of Rule 65(c), attorney's fees and cost of suit. DRLA is represented by Melanie Bray as an attorney for Disability Rights Louisiana.
U.S. District Court Middle District of Louisiana case number 3:21-cv-00422-SDD-EWD