Judge tosses Conway Human Development Center suit

5:56 AM, Jun 9, 2011   |    comments
  • Share
  • Email
  • Print
  • - A A A +

LITTLE ROCK, Ark. (KTHV) -- There's a big legal victory Wednesday for the Conway Human Development Center.

A federal judge threw out a lawsuit from Department of Justice, alleging improper care and violations of the Americans With Disabilities Act. 

The ruling came from Chief U.S. District Judge Leon Holmes.

He wrote that there wasn't enough evidence at trial to warrant the alleged violations from the feds. And that means no closing sign for the Conway Human Development Center.

"My younger sister Cornelia Taylor was a 45-year resident of the Conway Human Development Center," Larry Taylor said.  

Cornelia's older brother, Larry Taylor says, she even called it home.

"All of her needs were met there and they were met by loving people all across the board," Taylor said.

Cornelia died last March, unable to see her beloved center score a big win in court.

"It proves what our parent group has felt all along, that our loved ones are in a place they need to be," Taylor said.

On Wednesday, Chief U.S. District Judge Leon Holmes dismissed a lawsuit against the center from the Department of Justice. The feds' claimed things like unsafe conditions, sub-par medical procedures and poor integration into society.

Judge Holmes ruled the "weight of the evidence" at trial didn't hold up and was at odds with patients' parents and guardians.    

While Wednesday's ruling sided with the center, Judge Holmes did note the state did not meet all of the special education requirements for the center. But state officials say they found out Wednesday from the Department of Education they do now.

"We had been working to fix those problems before his ruling and we were notified today they were resolved," Amy Webb.

Department of Human Services Communications Director Amy Webb says they've also improved to the center since the federal investigation started eight years ago.

"We've increased our staff to client ratio, we've reduced case load for primary care physicians and implemented quality assurance measures to make sure our care is as good as we want it to be," Webb said.

And she feels the judge's ruling affirms the care they provide, keeping folks like Cornelia in good hands. 

Cornelia's brother says he feels a big part of this win stems from all the parent support for the center during this trial. He said during much it they packed the courtroom coming from all corners of the state.

Webb says the Department of Justice cannot re-file this lawsuit but they can appeal. No word yet on when they'll do that.

Here's a link to the ruling by Judge Holmes.