Plaintiffs' Motion for Partial Summary Judgment Against Defendant Harris, Secretary of the US Dept of Health and Human Services

     [||1871f582-442d-4793-8258-da086a5e3c90||] IN THE 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

BERNICE TERRY, et al., 

Plaintiffs, 

vs. 

METHODIST HOSPITAL OF GARY, 
INC., et al, 

Defendants 

RICHARD GORDON HATCHER, et al 

Plaintiffs, 

VS. 

METHODIST HOSPITAL OF GARY, 
oe. et al, 

Defendants. 

  

PLAINTIFFS' 

NO. H 76-373 

NO. H 77-154 

MOTION FOR PARTIAL 

SUMMARY JUDGMENT AGAINST DEFENDANT 

HARRIS, SECRETARY OF THE UNITED 

STATES DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 
  

Plaintiffs respectfully move pursuant to Rule 56 of the 

Federal Rules of Civil Procedure for partial summary judgment 

against defendant Patricia Harris, Secretary of the United States 

Department of Health and Human Services as to defendants failure 

to promulgate program guidelines under Title VI of the Civil 

 



  

Rights Act of 1964, 2000d et seg. The grounds for plaintiffs’ 

motion are: 

1. Pursuant to 42 U.S.C. §2000d-1l, the United States 

Department of Health and Human Services is responsible for 

enforcing Title VI in the programs of federal financial assist- 

ance which it administers. 

2. As set forth in the Title VI coordinating regulations 

of the United States Attorney General, 28 C.F.R. §42.404 (a) 

(March 1977): 

"Federal agencies shall publish Title VI~™ 
guidelines for each type of program to which 

they extend financial assistance, where such 
guidelines would be appropriate to provide . 
detailed information on the requirements of 
Pitle VI, oo? 

3. Despite the fact that the Department of Health, Educa- 

tion and Welfare, now the Department of Health and Human Servides, 

was required to publish such guidelines in 1977, see 28 C.F.R. 

§42.40-1(a), it has not yet done so with regard to, inter alia, 
  

(a) relocations and closing of hospitals and (b) Title VI 

responsibilities of federally-funded health planning agencies. 

4. Plaintiffs and defendant Harris' predecessor, defendant 

Califano, entered into a stipulation in this action on January 

13, 1980 staying discovery and proceedings against defendant 

to allow the department an opportunity 0 ZOmu Lae Ana promulgate 

said guidelines. 

5. On September 19, 1980, counsel for plaintiffs wrote to 

counsel for defendant to state plaintiffs were still interested 

in settlement but no guidelines had yet been published. 

6, To date, the Department of Health and Human Services has 

failed to publish Title VI guidelines regarding (a) relocation 

and closing of hospitals and (b) Title VI responsibilities of 

 



  

health planning agencies as required by the statute and 24 

C.F.R. §42.40 4(a). 

7. There is no dispute as to these facts and there is no 

dispute as to any material facts. As set forth above and more 

specifically in the accompanying memorandum of law, plaintiffs 

are entitled to judgment as a matter of law. 

WHEREFORE, plaintiffs pray that they be granted partial 

summary judgment: 

1. Declaring the failure of defendant to promulgate 

Title VI guidelines on (a) relocation and closing of hospitals 

and (b) the Title VI obligations of health planning agencies 

violates defendant's obligation under Title VI of the Civil 

Rights Act of 1964 and regulations promulgated pursuant to 

Title VI, 24 C.F.R. § 42.40 4 (a); 

2. Enjoining the defendant to promulgate said guidelines: 

3. Awarding plaintiffs their costs and reasonable attorneys 

fees incurred herein. 

Respectfully submitted, 

  

JACK GREENBERG 

BETH J. LIEF 

10 Columbus Circle, Suite 2030 

New York, New York 10019 

JULIAN B. ALLEN 

2009 Broadway 

Gary, Indiana 46407 

Attorneys for Plaintiffs [||1871f582-442d-4793-8258-da086a5e3c90||]