IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

                        MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

                                                 CIVIL ACTION NO.  70-T-3195-N

WYATT, et al., v.  SAWYER, as Commissioner of Mental Health and Mental Retardation, et al.

  

                                     NOTICE OF PROPOSED DISMISSAL

 

TO:      PATIENTS, RESIDENTS,  CLIENTS, AND CONSUMERS  SERVED BY THE ALABAMA DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION, THEIR FAMILIES, AND LEGAL GUARDIANS;

 

INDIVIDUALS, GROUPS, AND  ORGANIZATIONS INVOLVED IN ADVOCACY OR SUPPORT FOR THE RIGHTS OF ALABAMA’S CITIZENS WITH MENTAL ILLNESS AND MENTAL RETARDATION; and

 

INTERESTED MEMBERS OF THE GENERAL PUBLIC.

 

 

                       PLEASE READ THIS NOTICE CAREFULLY.

         IT MAY AFFECT YOUR LEGAL RIGHTS AND REMEDIES!

 

 

On September 22, 1986, the State of Alabama and its Department of Mental Health and

Mental Retardation entered into a Consent Decree to settle disputes regarding compliance with a 1972 federal court injunction which established minimum constitutional standards for the State’s adequate treatment of the mentally ill and adequate habilitation of the mentally retarded.    That injunction arose from a 1970 federal court lawsuit filed by Ricky Wyatt, then a resident of Bryce Hospital, on behalf of himself and others involuntarily committed to the state’s mental health facilities.

 

A Settlement Agreement executed on January 20, 2000, dissolved the 1986 Consent Decree, settled the compliance disputes which have persisted since 1986, and brought to an end  the federal court’s long-term  monitoring and control  of the Alabama Department of Mental Health and Mental Retardation (“DMH/MR”).    Included in the Settlement Agreement were important provisions which guaranteed that the State will maintain its commitment to minimum constitutional standards for treatment and habilitation and significantly enhanced and expanded its services to persons with   mental   illness and mental retardation.

The parties to this case, through their respective counsel, have now informed this Court that the obligations required by the Settlement Agreement have been met and that this case is due to be dismissed.  Dismissal of this case must be approved by U.S. District Court Judge Myron H. Thompson, and all persons who are deemed a part of the “plaintiff class” in the Wyatt litigation are being notified about the proposed dismissal and given an opportunity to make any objections and to be heard at a “fairness” hearing.   The purpose of this NOTICE is to provide notice of the proposed dismissal of this case and to notify you of the hearing date and how your objections must be made.

1.         HOW TO CONTACT THE LAWYERS

n You may direct questions to Counsel for the Plaintiff Class, or to the Department of Mental Health and Mental Retardation, as follows:

James A. Tucker, Plaintiffs’ Counsel                             Courtney W. Tarver, Defense Counsel

Alabama Disabilities Advocacy Program                   Deputy Attorney General/General Counsel

University of Alabama                                       Alabama Department of Mental Health

P. O. Box 870395                                                        & Mental Retardation

Tuscaloosa, AL  35487-0395                                       100 N. Union Street

Phone:  1-800-826-1675                                             P.O. Box 301410

                                                                                    Montgomery, AL 36130-1410

                                                                                    Phone:  334-242-3038

 

2.         HOW TO MAKE OBJECTIONS

• Objections must be made in writing and include the following:

(a)  your complete name, residence address, and phone number;

(b)  your status or interest in this lawsuit;

NOTE:   If you are a patient, resident, client, or consumer served by DMH/MR  (or the legal guardian or a relative), include the name of your facility or placement and the duration of your residence.   If you are an advocate, advocacy or support organization, describe briefly your mission, services, and the size of your group.

.

(c)   a concise statement of your objection;

(d)   your signature and the date.

•   Hand-deliver or mail your written objection, for receipt not later than November 25, 2003, to:

Clerk of the Court — U.S. District Court for the Middle District of Alabama

Frank M. Johnson, Jr. Federal Building and Courthouse

15 Lee Street  -   Montgomery, AL 36104

Mailing Address:    P.O. Box 711 — Montgomery, AL. 36101-0711

 

3.         FAIRNESS HEARING

All filed objections will be heard before U.S. District Court Judge Myron H. Thompson at a hearing in the Frank M. Johnson, Jr. United States Courthouse complex, Ceremonial Courtroom 2F, One Church Street, Montgomery, Alabama, 36104, at 10:00 A.M. on Friday, December 5, 2003.   You may attend the hearing, whether or not you have filed an objection.

If you wish to testify concerning your objection, please notify Plaintiffs’ Class Counsel, Atty. James Tucker, not later than November 25, 2003.     The Court will consider all filed objections, whether or not you choose to attend and/or testify.