Family Choice Prevails in Arkansas
“Most lawsuits are brought by persons who believe their rights have been violated. Not this one . . . All or nearly all of those residents have parents or guardians who have the power to assert the legal rights of their children or wards. Those parents and guardians, so far as the record shows, oppose the claims of the United States. Thus, the United States [Department of Justice] is in the odd position of asserting that certain persons’ rights have been and are being violated while those persons – through their parents and guardians disagree.”
In an 85-page ruling, the Chief U.S. District Judge J. Leon Holmes said DOJ failed to prove its claims that the Conway Human Development Center violated its residents’ rights under the U.S. Constitution, as well as under the Americans with Disabilities Act (ADA).
Holmes questioned the authority, expertise and methods of several expert witnesses used to support the federal government’s arguments. He extensively cited testimony of residents’ parents and guardians who were satisfied with the treatment the residents receive there.
