State: Dismiss Beatrice suit

A federal lawsuit filed by guardians of residents moved from a troubled center for the developmentally disabled doesn't prove rights violations and should be dismissed, attorneys for the state argued in court documents filed this week.

The case stems from the state's January decision to move 47 residents considered medically fragile from the Beatrice State Developmental Center. The move was ordered following the death of an 18-year-old who received what state officials have acknowledged was inadequate care.

The lawsuit, filed by six residents' guardians in May and amended in July, argues officials violated residents' rights by moving them without notice. It also alleges Gov. Dave Heineman and four other state officials failed to perform their duties and caused or allowed the center to become unsafe for the residents who were moved.

In the state's latest response, filed Monday, attorneys argue the lawsuit fails to attribute any of the allegations to a specific person.

“To the extent that any of the defendants in this case are included as defendants because of their supervisory positions, these positions alone are not adequate to support the imposition of liability,” Assistant Attorney General Katherine Spohn wrote.

The lawsuit offers only vague assertions of a substandard facility and deteriorating conditions and no specific facts about how the conditions deteriorated and how the deterioration affected residents, according to the state's briefs.

The state also argued government leaders performing their official duties are immune from such lawsuits, except when someone's rights were clearly and knowingly violated.

The plaintiffs have until Dec. 2 to respond to the arguments.

The Beatrice center has faced hundreds of allegations of abuse and neglect in recent years. The state reached a settlement with the U.S. Department of Justice in 2008, in which state officials pledged to make improvements.

In September, the state lost its appeal to regain Medicaid certification that would bring $29 million in annual federal funding.
State officials hope to be re-certified by the federal government by 2011.