Case: State of Connecticut Office of Protection and Advocacy for Persons With Disabilities v. Connecticut

3:06-cv-00179 | U.S. District Court for the District of Connecticut

Filed Date: Feb. 6, 2006

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 6, 2006, the State of Connecticut Office of Protection and Advocacy for Persons With Disabilities (an independent State agency charged with advocating for persons with disabilities), along with several persons with mental disabilities residing in nursing facilities, filed this lawsuit against the State of Connecticut, its Department of Mental Health and Addiction Services, its Department of Public Health, and its Department of Social Services in the United States District Court for …

On February 6, 2006, the State of Connecticut Office of Protection and Advocacy for Persons With Disabilities (an independent State agency charged with advocating for persons with disabilities), along with several persons with mental disabilities residing in nursing facilities, filed this lawsuit against the State of Connecticut, its Department of Mental Health and Addiction Services, its Department of Public Health, and its Department of Social Services in the United States District Court for the District of Connecticut. Bringing their claims under the Americans with Disabilities Act and the Rehabilitation Act, the plaintiffs claimed that the defendants were violating these two acts by warehousing and segregating mentally ill patients in three nursing facilities that were either locked or severely restricted. The plaintiffs alleged these patients desired community-based treatment instead.

On March 31, 2010, the district court (Judge Alvin W. Thompson) denied the defendants' motions to dismiss and certified the case as a class action. The class consisted of persons with mental illness who desired to and were capable of receiving community-based treatment and were institutionalized in Chelsea Place Care Center, Bidwell Care Center, or West Rock Health Care Center or were at risk of entry into these facilities. 706 F. Supp. 2d 266.

Discovery proceeded throughout the rest of 2010 and into 2011. In April 2011, Judge Thompson granted the parties' joint motion to stay the case so that they could try to negotiate a settlement. For the next three years, the parties negotiated.

On June 17, 2014, the parties reached a settlement agreement, which was approved by Judge Thompson on July 2.

The settlement agreement required the State to ensure that all class members who were eligible for and desired community-based services in a community-based setting were afforded those services. The State was also required to explain the benefits of community-based services and settings to all class members. Moreover, even for those class members who chose to remain in the nursing homes (rather than take advantage of a community-based setting), the State would continue to discuss and recommend community-based settings with them. The parties also agreed to the appointment of a remedial expert to ensure the State's compliance with the settlement agreement. The court was to retain jurisdiction over the case for four years to ensure compliance.

The State also agreed to pay $1.3 million in attorneys' fees to the plaintiffs.

Starting in 2014, the appointed Remedial Expert filed quarterly status reports to the district court outlining the State's progress toward compliance with the settlement agreement.

The court's jurisdiction was scheduled to end in July 2018. However, in January 2017, new class members, not subject to protections of the original settlement agreement, were identified. While defendants fully implemented and accomplished each benchmark within the timelines specified and were in compliance with the Settlement Agreement as to all other Class Members, the newly identified class members did not directly receive the specific protections of the settlement agreement. Thus the parties agreed to extend the jurisdiction with regards to these newly discovered class members only, for periods of six to eighteen months specific to the new class members, so that the defendants could give them the benefits of the settlement agreement. Quarterly reports were to continue through the extended period for the new class members. The court approved these provisions on June 25, 2018.

The original portions of the Settlement Agreement terminated pursuant to their terms on July 2, 2018. As of this update, the most recent status report was entered on April 22, 2019. The case is ongoing.

Summary Authors

Michael Perry (1/25/2011)

Andrew Junker (10/22/2014)

Lauren Latterell Powell (10/21/2017)

Michael Beech (8/3/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4880754/parties/state-of-ct-ofc-of-protection-advocacy-for-persons-with-disabilities-v/


Judge(s)
Attorney for Plaintiff

Alisberg, Nancy B. (Connecticut)

Allen, Michael Gerhart (District of Columbia)

Arnett, Jennifer (New York)

Bossing, Lewis (District of Columbia)

Attorney for Defendant

Barber, Hugh (Connecticut)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

3:06-cv-00179

Docket (PACER)

Feb. 21, 2019

Feb. 21, 2019

Docket
1

3:06-cv-00179

Complaint

Feb. 6, 2006

Feb. 6, 2006

Complaint
123

3:06-cv-00179

First Amended Complaint

Sept. 9, 2008

Sept. 9, 2008

Complaint
174

3:06-cv-00179

Order and Opinion [Denying defendants' motions to dismiss and granting plaintiffs' motion for class certification]

March 31, 2010

March 31, 2010

Order/Opinion

706 F.Supp.2d 266

188

3:06-cv-00179

ORDER RE MOTION TO AMEND

State of CT Ofc of Protection & Advocacy for Persons with Disabilities v. Connecticut

June 25, 2010

June 25, 2010

Order/Opinion
303-11

3:06-cv-00179

Settlement Agreement

State of Ct. Office of Protection and Advocacy for Persons with Disabilities v. State of Connecticut

June 17, 2014

June 17, 2014

Settlement Agreement
310

3:06-cv-00179

Order Granting Class Settlement

July 2, 2014

July 2, 2014

Order/Opinion
361

3:06-cv-00179

Consent Order Modifying Settlement Agreement

June 25, 2018

June 25, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4880754/state-of-ct-ofc-of-protection-advocacy-for-persons-with-disabilities-v/

Last updated Oct. 29, 2026, 8:52 p.m.

Docket for: State of CT Ofc of Protection & Advocacy for Persons with Disabilities v. State of CT Dept of Social Svcs
ECF Number Date Description Link
1 Feb. 6, 2006

COMPLAINT against State of Connecticut Dept of Soc Svcs ( Filing fee $ 250 receipt number H018502.), filed by State of Connecticut Ofc of Protection & Advocacy for Persons with Disabilities.(Grady, B.) (Entered: 02/06/2006)

RECAP
2 Feb. 6, 2006

Order on Pretrial Deadlines: Motions to Dismiss due on 05/06/06. Amended Pleadings due by 4/7/2006. Discovery due by 8/8/2006. Dispositive Motions due by 9/7/2006. Signed by Clerk on 02/06/06. (Grady, B.) (Entered: 02/06/2006)

RECAP
3 Feb. 6, 2006

MOTION for admission of Michael Allen pro hac vice. Filing Fee $25.00. Receipt Number HH018503. by State of Connecticut Ofc of Protection & Advocacy for Persons with Disabilities. (Attachments: # 1 Declaration of Michael Allen)(Grady, B.) (Entered: 02/06/2006)

RECAP
4 Feb. 6, 2006

MOTION for admission of Karen Bower pro hac vice. Filing Fee $25.00. Receipt Number H018503. by State of Connecticut Ofc of Protection & Advocacy for Persons with Disabilities. (Attachments: # 1 Affidavit of Karen Bower)(Grady, B.) (Entered: 02/06/2006)

RECAP
5 Feb. 6, 2006

MOTION for admission of Ira Burnim. Filing Fee $25.00. Receipt Number H018503. by State of Connecticut Ofc of Protection & Advocacy for Persons with Disabilities. (Attachments: # 1 Declaration of Ira A. Burnim)(Grady, B.) (Entered: 02/06/2006)

RECAP
25 Feb. 6, 2006

NOTICE of Appearance by Jacqueline S. Hoell, Richard J. Lynch on behalf of State of Connecticut (Grady, B.) (Entered: 02/28/2006)

RECAP
Feb. 6, 2006

Summons Issued as to State of Connecticut Dept of Soc Svcs. (Grady, B.)

6 Feb. 10, 2006

MOTION for admission of Attorney Kevin J. Curnin pro hac vice. Filing Fee $25.00., Receipt Number H018585 by State of CT Ofc of Protection & Advocacy for Persons with Disabilities. (Attachments: # 1 Affidavit of Kevin J. Curnin)(Grady, B.) (Entered: 02/10/2006)

RECAP
7 Feb. 10, 2006

MOTION for admission of Attorney Kenneth Pasquale pro hac vice. Filing Fee $25.00. Receipt Number H018585, by State of CT Ofc of Protection & Advocacy for Persons with Disabilities. (Attachments: # 1 Affidavit of Kenneth Pasquale)(Grady, B.) (Entered: 02/10/2006)

RECAP
8 Feb. 10, 2006

MOTION for admission of Attorney Joseph E. Strauss. Filing Fee $25.00. Receipt Number H018585, by State of CT Ofc of Protection & Advocacy for Persons with Disabilities. (Attachments: # 1 Affidavit of Joseph E. Strauss)(Grady, B.) (Entered: 02/10/2006)

RECAP
9 Feb. 10, 2006

MOTION for admission of Attorney Danielle Alfonzo Walsman. Filing Fee $25.00. Receipt Number H018585, by State of CT Ofc of Protection & Advocacy for Persons with Disabilities. (Attachments: # 1 Affidavit of Daniel Alfonzo Walsman)(Grady, B.) (Entered: 02/10/2006)

RECAP
10 Feb. 15, 2006

ORDER granting 3 Motion to Appear, granting 4 Motion to Appear, granting 5 Motion to Appear, granting 6 Motion to Appear, granting 7 Motion to Appear, granting 8 Motion to Appear, granting 9 Motion to Appear. All, absent objection. Signed by Judge Christopher F. Droney on 2/15/06. (Droney, Christopher) (Entered: 02/15/2006)

RECAP
11 Feb. 15, 2006

NOTICE of Appearance by Henry A. Salton on behalf of State of CT Dept of Pub Health (Grady, B.) (Entered: 02/16/2006)

RECAP
12 Feb. 21, 2006

ORDER ELECTRONIC NOTICE RE; ELECTRONIC FILING OF CASE. THIS IS THE ONLY NOTICE THE COURT SHALL ISSUE. Signed by Judge Christopher F. Droney on 2/21/06. (Attachments: # E FILE ORDER(1))(Sunbury, B.) (Entered: 02/21/2006)

RECAP
13 Feb. 22, 2006

SUMMONS Returned Executed by State of CT Ofc of Protection & Advocacy for Persons with Disabilities. State of CT Dept of Mental Health & Addiction Svcs served on 2/10/2006, answer due 3/2/2006. (Grady, B.) (Entered: 02/22/2006)

RECAP
14 Feb. 22, 2006

SUMMONS Returned Executed by State of CT Ofc of Protection & Advocacy for Persons with Disabilities. State of CT Dept of Social Services served on 2/10/2006, answer due 3/2/2006. (Grady, B.) Additional attachment(s) added on 2/22/2006 (Grady, B.). (Entered: 02/22/2006)

RECAP
15 Feb. 22, 2006

SUMMONS Returned Executed by State of CT Ofc of Protection & Advocacy for Persons with Disabilities. State of CT Dept of Pub Health served on 2/10/2006, answer due 3/2/2006. (Grady, B.) (Entered: 02/22/2006)

RECAP
16 Feb. 22, 2006

SUMMONS Returned Executed by State of CT Ofc of Protection & Advocacy for Persons with Disabilities. (Grady, B.) (Entered: 02/22/2006)

RECAP
Feb. 22, 2006

Docket Entry Correction: Document 14 Summons Returned Executed has been modified to replace the PDF (Grady, B.)

17 Feb. 23, 2006

NOTICE of Appearance by Joseph E. Strauss on behalf of State of CT Ofc of Protection & Advocacy for Persons with Disabilities (Grady, B.) (Entered: 02/23/2006)

RECAP
18 Feb. 23, 2006

NOTICE of Appearance by Kevin J. Curnin on behalf of State of CT Ofc of Protection & Advocacy for Persons with Disabilities (Grady, B.) (Entered: 02/23/2006)

RECAP
19 Feb. 23, 2006

NOTICE of Appearance by Ken Pasquale on behalf of State of CT Ofc of Protection & Advocacy for Persons with Disabilities (Grady, B.) (Entered: 02/23/2006)

RECAP
20 Feb. 23, 2006

NOTICE of Appearance by Danielle A. Walsman on behalf of State of CT Ofc of Protection & Advocacy for Persons with Disabilities (Grady, B.) (Entered: 02/23/2006)

RECAP
21 Feb. 27, 2006

NOTICE OF ELECTRONIC ORDER: THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. - - - ORDER granting 7 Stipulated Motion for Extension of Time until 2/23/06 to answer the Complaint. Signed by Judge Christopher F. Droney on 2/27/06. (Newcomb, P.) (Entered: 02/27/2006)

RECAP
22 Feb. 27, 2006

Docket Entry Correction - Please disregard 21, This was Entered in Error. Docket entry made to wrong case. (Newcomb, P.) (Entered: 02/27/2006)

RECAP
23 Feb. 27, 2006

NOTICE of Appearance by Thomas J. Ring on behalf of State of CT Dept of Mental Health & Addiction Svcs (Grady, B.) (Entered: 02/28/2006)

RECAP
24 Feb. 27, 2006

NOTICE of Appearance by Hugh Barber on behalf of State of CT Dept of Social Services (Grady, B.) (Entered: 02/28/2006)

RECAP
26 March 2, 2006

MOTION for Extension of Time until 03/22/06 to respond to the Complaint by State of CT Dept of Social Services, State of Connecticut. (Grady, B.) (Entered: 03/03/2006)

RECAP
27 March 2, 2006

ORDER: Ordered accordingly 26 MOTION for Extension of Time until 03/22/06 to respond to the Complaint. Signed by Clerk on 03/03/06. (Grady, B.) (Entered: 03/03/2006)

RECAP
March 2, 2006

Answer deadline updated for State of CT Dept of Pub Health to 3/22/2006. (Grady, B.)

28 March 6, 2006

NOTICE of Appearance by Daniel R. Shapiro on behalf of State of CT Dept of Pub Health (Grady, B.) (Entered: 03/06/2006)

RECAP
29 March 6, 2006

NOTICE of Appearance by Ira A. Burnim on behalf of State of CT Ofc of Protection & Advocacy for Persons with Disabilities (Grady, B.) (Entered: 03/06/2006)

RECAP
30 March 6, 2006

NOTICE of Appearance by Michael Allen on behalf of State of CT Ofc of Protection & Advocacy for Persons with Disabilities (Grady, B.) (Entered: 03/06/2006)

RECAP
31 March 6, 2006

NOTICE of Appearance by Karen A. Bower on behalf of State of CT Ofc of Protection & Advocacy for Persons with Disabilities (Grady, B.) (Entered: 03/06/2006)

RECAP
32 March 7, 2006

NOTICE of Appearance by Daniel R. Shapiro on behalf of State of Connecticut (Grady, B.) (Entered: 03/07/2006)

RECAP
33 March 7, 2006

MOTION for Extension of Time until 04/07/06 to hold the discovery planning conference by State of CT Ofc of Protection & Advocacy for Persons with Disabilities. (Grady, B.) (Entered: 03/07/2006)

RECAP
34 March 16, 2006

NOTICE OF ELECTRONIC ORDER: THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. - - - ORDER granting 33 Motion for Extension of Time until 4/7/06 to hold discovery planning conference. Signed by Judge Christopher F. Droney on 3/16/06. (Newcomb, P.) (Entered: 03/16/2006)

RECAP
March 16, 2006

Set Deadline: Rule 26 Meeting Report due by 4/7/2006. (Grady, B.)

35 March 21, 2006

MOTION for Extension of Time until 4/21/06 to file a response to 1 Complaint by State of CT Dept of Mental Health & Addiction Svcs, State of CT Dept of Pub Health, State of CT Dept of Social Services, State of Connecticut. (D'Onofrio, B.) (Entered: 03/21/2006)

RECAP
36 March 22, 2006

NOTICE OF ELECTRONIC ORDER: THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. - - - ORDER granting 35 Motion for Extension of Time until 4/21/06 to file a response to 1 Complaint. Signed by Judge Christopher F. Droney on 3/22/06. (Newcomb, P.) (Entered: 03/22/2006)

RECAP
March 22, 2006

Answer deadline updated for State of CT Dept of Mental Health & Addiction Svcs to 4/21/2006; State of CT Dept of Pub Health to 4/21/2006; State of CT Dept of Social Services to 4/21/2006; State of Connecticut to 4/21/2006. (D'Onofrio, B.)

37 April 6, 2006

ELECTRONIC CASE ORDER: Signed by Judge Christopher F. Droney on 04/06/06. (Grady, B.) (Entered: 04/06/2006)

RECAP
38 April 10, 2006

Letter from Kenneth Pasquale dated 04/07/06, re: Court's Recusal (Grady, B.) (Entered: 04/11/2006)

RECAP
39 April 10, 2006

ENDORSEMENT ORDER: The Clerk shall docket this 38 Letter. Signed by Judge Christopher F. Droney on 04/10/06. (Grady, B.) (Entered: 04/11/2006)

RECAP
40 April 10, 2006

ORDER OF TRANSFER. Case reassigned to Judge Alvin W. Thompson for all further proceedings. Signed by Judge Christopher F. Droney on 4/10/06. (D'Onofrio, B.) (Entered: 04/12/2006)

RECAP
41 April 13, 2006

ELECTRONIC FILING ORDER. Signed by Judge Alvin W. Thompson on 4/13/06.(Mata, E.) (Entered: 04/13/2006)

RECAP
42 April 17, 2006

REPORT of Rule 26(f) Planning Meeting. (Alisberg, Nancy) (Entered: 04/17/2006)

RECAP
43 April 19, 2006

Third MOTION for Extension of Time Uncontested by State of CT Dept of Mental Health & Addiction Svcs, State of CT Dept of Pub Health, State of CT Dept of Social Services, State of Connecticut. (Shapiro, Daniel) (Entered: 04/19/2006)

RECAP
44 April 19, 2006

ORDER REFERRING CASE to Magistrate Judge Donna F. Martinez for a conference to discuss pre-trial scheduling. Signed by Judge Alvin W. Thompson on 04/19/06. (Grady, B.) (Entered: 04/19/2006)

RECAP
45 April 20, 2006

NOTICE OF E-FILED CALENDAR & ORDER: THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. A telephonic status conference has been scheduled with the undersigned for May 9, 2006 at 10:00 a.m. to discuss pre-trial scheduling. Counsel for the plaintiff shall initiate the call to chambers at (860)240-3605 with counsel for all parties on the line. Signed by Judge Donna F. Martinez on 4/20/06. (Nielsen, J.) (Entered: 04/20/2006)

RECAP
46 April 25, 2006

ELECTRONIC ORDER: The Defendants' Uncontested Third Motion for Extension of Time (Doc. No. 43 ) to file "motions addressed to the Complaint" is hereby GRANTED, absent objection and nunc pro tunc, to and including May 5, 2006. Signed by Judge Alvin W. Thompson on 4/25/06. (Mata, E.) (Entered: 04/25/2006)

RECAP
April 25, 2006

Answer deadline updated for State of CT Dept of Mental Health & Addiction Svcs to 5/5/2006; State of CT Dept of Pub Health to 5/5/2006; State of CT Dept of Social Services to 5/5/2006; State of Connecticut to 5/5/2006. (Grady, B.)

47 May 1, 2006

NOTICE of Appearance by Ajaz Fiazuddin on behalf of State of CT Ofc of Protection & Advocacy for Persons with Disabilities (Fiazuddin, Ajaz) (Entered: 05/01/2006)

RECAP
48 May 5, 2006

First MOTION to Dismiss by State of CT Dept of Mental Health & Addiction Svcs, State of CT Dept of Pub Health, State of CT Dept of Social Services, State of Connecticut.Responses due by 5/26/2006 (Attachments: # 1 Memorandum in Support)(Hoell, Jacqueline) (Entered: 05/05/2006)

RECAP
49 May 5, 2006

NOTICE of Appearance by Daniel R. Shapiro on behalf of State of CT Dept of Pub Health (Grady, B.) (Entered: 05/05/2006)

RECAP
50 May 5, 2006

NOTICE of Appearance by Daniel R. Shapiro on behalf of State of CT Dept of Pub Health (Shapiro, Daniel) (Entered: 05/05/2006)

RECAP
51 May 5, 2006

MOTION to Dismiss by State of CT Dept of Pub Health.Responses due by 5/26/2006 (Attachments: # 1 Memorandum in Support)(Shapiro, Daniel) (Entered: 05/05/2006)

RECAP
May 9, 2006

Minute Entry for proceedings held before Judge Donna F. Martinez : Telephonic Status Conference held on 5/9/2006. Time 20 minutes (Wood, R.)

52 May 10, 2006

First MOTION for Extension of Time to File Response/Reply as to 51 MOTION to Dismiss, 48 First MOTION to Dismiss until June 9, 2006 by State of CT Ofc of Protection & Advocacy for Persons with Disabilities. (Fiazuddin, Ajaz) (Entered: 05/10/2006)

RECAP
53 May 15, 2006

ELECTRONIC ORDER: Plaintiff's First Motion for Extension of Time (Doc. No. 52 ) to oppose the defendant's motions to dismiss (Doc. Nos. 51 and 48 ) are hereby GRANTED, absent objection, to and including June 9, 2006. Signed by Judge Alvin W. Thompson on 5/15/06. (Mata, E.) (Entered: 05/15/2006)

RECAP
May 15, 2006

Reset Deadlines as to 51 MOTION to Dismiss, 48 First MOTION to Dismiss. Responses due by 6/9/2006 (Grady, B.)

54 May 17, 2006

NOTICE OF E-FILED ORDER: THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. COUNSEL ARE DIRECTED TO THE ATTACHED SCHEDULING ORDER. Signed by Judge Donna F. Martinez on 5/17/06. (Nielsen, J.) (Entered: 05/17/2006)

RECAP
May 17, 2006

Set Deadlines: Amended Pleadings due by 9/11/2006. Discovery due by 2/15/2006. Dispositive Motions due by 5/15/2008. Joint Trial Memorandum due by 6/16/2008. (Grady, B.)

55 May 23, 2006

NOTICE OF E-FILED CALENDAR & ORDER: THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. A telephonic status conference has been scheduled with the undersigned for September 12, 2006 at 9:30 a.m. Counsel for the plaintiffs shall initiate the call to chambers at (860)240-3605 with counsel for all parties on the line. Signed by Judge Donna F. Martinez on 5/23/06. (Nielsen, J.) (Entered: 05/23/2006)

RECAP
May 23, 2006

Set Deadline: Telephonic Status Conference set for 9/12/2006 09:30 AM before Judge Donna F. Martinez. (Grady, B.)

56 June 7, 2006

NOTICE of Appearance by Michael Allen on behalf of State of CT Ofc of Protection & Advocacy for Persons with Disabilities (Allen, Michael) (Entered: 06/07/2006)

RECAP
57 June 9, 2006

Memorandum in Opposition re 48 First MOTION to Dismiss filed by State of CT Ofc of Protection & Advocacy for Persons with Disabilities. (Alisberg, Nancy) (Entered: 06/09/2006)

RECAP
58 June 9, 2006

Plaintiff's Memorandum In Opposition To Defendant J. Robert Galvin, M.D., M.P.H.'s Motion To Dismiss Pursuant To Fed. R. Civ. P. 12(b)(6) re 51 MOTION to Dismiss filed by State of CT Ofc of Protection & Advocacy for Persons with Disabilities. (Alisberg, Nancy) Modified on 6/12/2006 to remove text (Grady, B.). (Entered: 06/09/2006)

RECAP
59 June 9, 2006

AFFIDAVIT / Declaration In Support Of Plaintiff's Opposition To Defendant J. Robert Galvin, M.D., M.P.H.'s Motion To Dismiss Pursuant To Fed. R. Civ. P. 12(b)(6) filed by State of CT Ofc of Protection & Advocacy for Persons with Disabilities. (Alisberg, Nancy) (Entered: 06/09/2006)

RECAP
60 June 9, 2006

AFFIDAVIT of Service for Plaintiff's Memorandum In Opposition and Declaration served on Thomas J. Ring, Hugh Barber, Henry A. Salton and Daniel Shapiro on 6/9/2006, filed by State of CT Ofc of Protection & Advocacy for Persons with Disabilities. (Alisberg, Nancy) (Entered: 06/09/2006)

RECAP
61 June 14, 2006

First MOTION for Extension of Time until July 19, 2006 response to discovery by State of CT Dept of Mental Health & Addiction Svcs, State of CT Dept of Pub Health, State of CT Dept of Social Services, State of Connecticut. (Ring, Thomas) (Entered: 06/14/2006)

RECAP
62 June 15, 2006

ELECTRONIC ORDER: The Defendants' Uncontested Initial Motion for Extension of Time (Doc. No. 61 ) to respond to the plaintiff's document production request is hereby GRANTED, absent objection, to and including July 19, 2006. Signed by Judge Alvin W. Thompson on 6/15/06. (Mata, E.) (Entered: 06/15/2006)

RECAP
63 June 23, 2006

REPLY to Response to 48 First MOTION to Dismiss filed by State of CT Dept of Mental Health & Addiction Svcs, State of CT Dept of Pub Health, State of CT Dept of Social Services, State of Connecticut. (Hoell, Jacqueline) (Entered: 06/23/2006)

RECAP
64 June 23, 2006

REPLY to Response to 51 MOTION to Dismiss filed by State of CT Dept of Pub Health. (Shapiro, Daniel) (Entered: 06/23/2006)

RECAP
65 July 17, 2006

Second MOTION for Extension of Time until August 3, 2006 Uncontested to respond to Plaintiff's First Request for the Production of Documents to all Defendants dated May 15, 2006 by State of CT Dept of Mental Health & Addiction Svcs, State of CT Dept of Pub Health, State of CT Dept of Social Services, State of Connecticut. (Shapiro, Daniel) (Entered: 07/17/2006)

RECAP
66 July 20, 2006

ELECTRONIC ORDER: Defendants' Uncontested Second Motion for Extension of Time (Doc. No. 65 ) is hereby GRANTED, absent objection and nunc pro tunc, to and including August 3, 2006. Signed by Judge Alvin W. Thompson on 7/20/06. (Mata, E.) (Entered: 07/20/2006)

RECAP
67 Sept. 12, 2006

Telephonic conference held regarding settlement. Counsel report that the parties are making progress toward a resolution of the case. A follow up telephonic conference shall be held on 11/14/06 at 10 am. The plaintiff shall initiate the call to chambers with all counsel on the line. Signed by Judge Donna F. Martinez on 9/12/06. (Martinez, Donna) (Entered: 09/12/2006)

RECAP
Sept. 12, 2006

Set Deadline: Telephonic Conference set for 11/14/2006 10:00 AM before Judge Donna F. Martinez. (Grady, B.)

68 Nov. 14, 2006

Telephonic Settlement Conference held on 11/14/2006. Counsel shall submit to the chambers of the undersigned a joint written report on the status of their efforts to resolve the case on February 1, 2007. If at anytime in the future, the parties agree that they would benefit from an in-person settlement conference, they may request such a conference by contacting the chambers of the undersigned. 20 minutes (Martinez, Donna) Modified on 11/14/2006 to correct the date (Grady, B.). (Entered: 11/14/2006)

RECAP
Nov. 14, 2006

Set Deadline: Joint written report on the status of their efforts to resolve the case due by 2/1/2007. (Grady, B.)

69 Jan. 12, 2007

MOTION for Order requiring plaintiff to answer 50 interrogatories per defendant Order by State of CT Dept of Mental Health & Addiction Svcs, State of CT Dept of Pub Health, State of CT Dept of Social Services, State of Connecticut. (Attachments: # 1 Memorandum in Support)(Shapiro, Daniel) (Entered: 01/12/2007)

RECAP
70 Jan. 26, 2007

MOTION for Extension of Time to File Response/Reply as to 69 MOTION for Order requiring plaintiff to answer 50 interrogatories per defendant Order until February 16, 2007 by State of CT Ofc of Protection & Advocacy for Persons with Disabilities. (Fiazuddin, Ajaz) (Entered: 01/26/2007)

RECAP
71 Jan. 26, 2007

ELECTRONIC ORDER: Defendant's Motion for Order Requiring Plaintiff to Answer Fifty (50) Interrogatories per Defendant (Doc. No. 69 ) is hereby REFERRED to Magistrate Judge Donna F. Martinez. It is so ordered. Signed by Judge Alvin W. Thompson on 1/26/07. (Bock, M.) (Entered: 01/26/2007)

RECAP
Jan. 26, 2007

ORDER REFERRING MOTION: 69 MOTION for Order requiring plaintiff to answer 50 interrogatories per defendant Order to Magistrate Judge Donna F. Martinez. Signed by Judge Alvin W. Thompson on 01/26/07. Motions referred to Donna F. Martinez(Grady, B.)

72 Jan. 29, 2007

ELECTRONIC ORDER: The Plaintiff's First Motion for Extension of Time to Respond to Defendants' Motion for Order Requiring Plaintiff to Answer Fifty (50) Interrogatories Per Defendant (Doc. No. 70 ) is hereby REFERRED to Magistrate Judge Donna F. Martinez. It is so ordered. Signed by Judge Alvin W. Thompson on 1/29/07. (Bock, M.) (Entered: 01/29/2007)

RECAP
73 Jan. 31, 2007

NOTICE OF E-FILED ORDER: THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. The plaintiff's 70 Motion for Extension of Time is granted. Plaintiff's deadline to respond to the 69 Motion for Order Requiring Plaintiff to Answer Fifty Interrogatories Per Defendant shall be February 16, 2007. Signed by Judge Donna F. Martinez on 1/31/07. (Turner, M.) (Entered: 01/31/2007)

RECAP
Jan. 31, 2007

Reset Deadlines as to 69 MOTION for Order requiring plaintiff to answer 50 interrogatories per defendant Order. Responses due by 2/16/2007 (Grady, B.)

74 Feb. 16, 2007

Second MOTION for Extension of Time until March 16, 2007 respond to plaintiff's First Set of Interrogatories to all Defendants by State of CT Dept of Mental Health & Addiction Svcs, State of CT Dept of Pub Health, State of CT Dept of Social Services, State of Connecticut. (Shapiro, Daniel) Text modified on 2/20/2007 (Grady, B.). (Entered: 02/16/2007)

RECAP
75 Feb. 16, 2007

AFFIDAVIT re 69 MOTION for Order requiring plaintiff to answer 50 interrogatories per defendant Order (Declaration) Signed By Kenneth Pasquale filed by State of CT Ofc of Protection & Advocacy for Persons with Disabilities. (Attachments: # 1 Exhibit A# 2 Exhibit B part 1# 3 Exhibit B Part 2)(Alisberg, Nancy) (Entered: 02/16/2007)

RECAP
76 Feb. 16, 2007

Memorandum in Opposition re 69 MOTION for Order requiring plaintiff to answer 50 interrogatories per defendant Order filed by State of CT Ofc of Protection & Advocacy for Persons with Disabilities. (Alisberg, Nancy) (Entered: 02/16/2007)

RECAP
77 Feb. 16, 2007

CERTIFICATE OF SERVICE by State of CT Ofc of Protection & Advocacy for Persons with Disabilities re 76 Memorandum in Opposition to Motion, 75 Affidavit, (Declaration of Kenneth Pasquale) (Alisberg, Nancy) (Entered: 02/16/2007)

RECAP
78 Feb. 21, 2007

Memorandum in Opposition re 74 Second MOTION for Extension of Time until March 16, 2007 respond to plaintiff's First Set of Interrogatories to all Defendants Set Deadlines/Hearings filed by State of CT Ofc of Protection & Advocacy for Persons with Disabilities. (Alisberg, Nancy) (Entered: 02/21/2007)

RECAP
79 Feb. 21, 2007

CERTIFICATE OF SERVICE by State of CT Ofc of Protection & Advocacy for Persons with Disabilities re 78 Memorandum in Opposition to Motion, (Alisberg, Nancy) (Entered: 02/21/2007)

RECAP
80 Feb. 24, 2007

ELECTRONIC ORDER: Defendant's Motion for Extension of Time (Doc. No. 74 ) is hereby GRANTED, over objection. It is so ordered. Signed by Judge Alvin W. Thompson on 2/24/07. (S-Blackburn, M.) (Entered: 02/24/2007)

RECAP
81 April 2, 2007

MOTION to Compel by State of CT Ofc of Protection & Advocacy for Persons with Disabilities.Responses due by 4/23/2007 (Attachments: # 1 Exhibit Declaration of Kenneth Pasquale# 2 Memorandum in Support # 3 Exhibit Certificate of Service)(Alisberg, Nancy) (Entered: 04/02/2007)

RECAP
82 April 3, 2007

ELECTRONIC ORDER: Plaintiff's Motion to Compel (Doc. No. 81 ) is hereby REFERRED to Magistrate Judge Donna F. Martinez. It is so ordered. Signed by Judge Alvin W. Thompson on 4/3/07. (S-Blackburn, M.) (Entered: 04/03/2007)

RECAP
83 April 23, 2007

Memorandum in Opposition re 81 MOTION to Compel filed by Jonathan M. Bidwell Care Center, LLC and Chelsea Place Care Center, LLC, Bidwell Care Center, LLC and Chelsea Place Care Center, LLC. (Attachments: # 1 Exhibit 1 & 2)(Starble, Jonathan) (Entered: 04/23/2007)

RECAP
84 April 30, 2007

MOTION to Compel by State of CT Ofc of Protection & Advocacy for Persons with Disabilities.Responses due by 5/21/2007 (Attachments: # 1 Affidavit Of Danielle Walsman# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C)(Alisberg, Nancy) (Entered: 04/30/2007)

RECAP
85 April 30, 2007

Memorandum in Support re 84 MOTION to Compel filed by State of CT Ofc of Protection & Advocacy for Persons with Disabilities. (Alisberg, Nancy) (Entered: 04/30/2007)

RECAP
86 April 30, 2007

CERTIFICATE OF SERVICE by State of CT Ofc of Protection & Advocacy for Persons with Disabilities (Alisberg, Nancy) (Entered: 04/30/2007)

RECAP

Case Details

State / Territory:

Connecticut

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Olmstead Cases

Key Dates

Filing Date: Feb. 6, 2006

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

State Agency suing on behalf of a class of persons with mental illnesses who are housed in various nursing homes or in danger of being housed in them rather than being provided with community based treatment.

Plaintiff Type(s):

Private Plaintiff

State Plaintiff

Attorney Organizations:

Bazelon Center

NDRN/Protection & Advocacy Organizations

Relman, Dane & Colfax

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Granted

Defendants

State

State of Connecticut

State of Connecticut Department of Mental Health and Addiction Services

State of Connecticut Department of Public Health

State of Connecticut Department of Social Services

Defendant Type(s):

Hospital/Health Department

Facility Type(s):

Government-run

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Other Dockets:

District of Connecticut 3:06-cv-00179

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Comply with advertising/recruiting requirements

Discrimination Prohibition

Monitoring

Reasonable Accommodation

Reporting

Required disclosure

Amount Defendant Pays: 1.3 million

Issues

General/Misc.:

Classification / placement

Government services

Individualized planning

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Rehabilitation

Benefits (Source):

Medicaid

Disability and Disability Rights:

Disability, unspecified

Integrated setting

Intellectual/developmental disability, unspecified

Least restrictive environment

Mental Illness, Unspecified

Mental impairment

P&A Associational Standing

Reasonable Accommodations

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Deinstitutionalization/decarceration

Habilitation (training/treatment)

Placement in mental health facilities

Recreation / Exercise

Medical/Mental Health Care:

Intellectual disability/mental illness dual diagnosis

Medicare eligibility determination

Mental health care, general

Mental health care, unspecified

Recommended Citation