Case: Leocata v. Social Services

3:02-cv-01066 | U.S. District Court for the District of Connecticut

Filed Date: June 19, 2002

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On June 19, 2002, an elderly woman with advanced dementia filed a lawsuit under 42 U.S.C. § 1983, the Medicaid statute, and the 5th and 14th amendments, against the Connecticut Department of Human Services and the U.S. Department of Health and Human Services in the United States District Court for the District of Connecticut. Plaintiff, represented by private counsel, asked the court for declaratory and injunctive relief, claiming that Medicaid would not meet her specialized medical needs. At…

On June 19, 2002, an elderly woman with advanced dementia filed a lawsuit under 42 U.S.C. § 1983, the Medicaid statute, and the 5th and 14th amendments, against the Connecticut Department of Human Services and the U.S. Department of Health and Human Services in the United States District Court for the District of Connecticut. Plaintiff, represented by private counsel, asked the court for declaratory and injunctive relief, claiming that Medicaid would not meet her specialized medical needs. At the time of filing, Plaintiff resided in an assisted living facility; she was paying those costs from her own assets, which were rapidly depleting. Plaintiff claimed that she would be forced to move to a nursing home, which would not meet her medical needs, because Medicaid did not cover services provided in an assisted living facility.

On November 3, 2004, the Court (Judge Christopher F. Droney) issued a ruling on motions to dismiss and for a preliminary injunction. Leocata v. Wilson-Coker, 343 F.Supp.2d 144 (D. Conn. Nov. 3, 2004). The Court granted Defendants' motion to dismiss for lack of standing and failure to state a claim, denied Plaintiffs' request for a preliminary injunction, and directed the Clerk to enter judgment in favor of Defendants and close the case. The Second Circuit Court of Appeals affirmed the judgment in a summary order on December 7, 2005. There has been no further action in the case.

Summary Authors

Haley Waller (2/13/2011)

People


Judge(s)

Droney, Christopher Fitzgerald (Connecticut)

Attorneys(s) for Plaintiff

Rigat, Raymond J. (Connecticut)

Attorneys(s) for Defendant

Blumenthal, Richard (Connecticut)

DeMattia, Tanya Feliciano (Connecticut)

Dover, Marleigh D. (District of Columbia)

Feliciano, Tanya (Connecticut)

Ikari, Carolyn A. (Connecticut)

Keisler, Peter D. (District of Columbia)

Lynch, Richard J. (Connecticut)

O'Connor, Kevin J. (Connecticut)

Judge(s)

Droney, Christopher Fitzgerald (Connecticut)

Attorneys(s) for Plaintiff

Rigat, Raymond J. (Connecticut)

Attorneys(s) for Defendant

Blumenthal, Richard (Connecticut)

DeMattia, Tanya Feliciano (Connecticut)

Dover, Marleigh D. (District of Columbia)

Feliciano, Tanya (Connecticut)

Ikari, Carolyn A. (Connecticut)

Keisler, Peter D. (District of Columbia)

Lynch, Richard J. (Connecticut)

O'Connor, Kevin J. (Connecticut)

Scarborough, Charles W. (District of Columbia)

Documents in the Clearinghouse

Document

Docket

Dec. 7, 2005 Docket
28

MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR TEMPORARY INJUNCTION

Leocata v. Wilson-Coker

April 27, 2004 Pleading / Motion / Brief
29

MEMORANDUM IN SUPPORT OF FEDERAL DEFENDANT’S OPPOSITION TO PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION

Leocata v. Wilson-Coker

May 12, 2004 Pleading / Motion / Brief
30

DEFENDANT COMMISSIONER’S OPPOSITION TO PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION

Leocata v. Thompson

May 19, 2004 Pleading / Motion / Brief
33

PLAINTIFF'S AMENDED COMPLAINT

Leocata v. Wilson-Coker

July 9, 2004 Complaint
44

MEMORANDUM IN SUPPORT OF STATE DEFENDANT'S MOTION TO DISMISS

Leocata v. Thompson

July 16, 2004 Pleading / Motion / Brief
53

FEDERAL DEFENDANT’S POST-HEARING MEMORANDUM IN OPPOSITION TO PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION AND FEDERAL DEFENDANT’S MEMORANDUM IN SUPPORT OF MOTION TO DISMISS AMENDED COMPLAINT

Leocata v. Wilson-Coker

July 28, 2004 Pleading / Motion / Brief
55

SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION

Leocata v. Thompson

July 28, 2004 Pleading / Motion / Brief
57

OBJECTION TO STATE DEFENDANT’S MOTION TO DISMISS

Leocata v. Wilson-Coker

Aug. 6, 2004 Pleading / Motion / Brief
58

RULING ON MOTIONS TO DISMISS AND MOTION FOR PRELIMINARY INJUNCTION

Leocata v. Wilson-Coker

343 F.Supp.2d 144, 2004 WL 2504498

Nov. 3, 2004 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT Filing Fee $ 150.00 Receipt # H006592 (Ferguson, L.) (Entered: 06/20/2002)

June 19, 2002

SUMMONS(ES) issued for Dept of Soc Svc , HHS (Ferguson, L.) Modified on 06/26/2002 (Entered: 06/20/2002)

June 19, 2002
2

ORDER on Pretrial Deadlines handed to counsel Discovery cutoff 12/19/02 ; Dispositive Motions due 1/18/03 Amended Pleadings due 08/19/02 Motions to Dismiss due 09/19/02 (Ferguson, L.) (Entered: 06/20/2002)

June 19, 2002
3

SUMMONS Returned Executed on 6/24/02 as to US Attorney (Montgomery, C.) (Entered: 06/27/2002)

June 27, 2002
4

SUMMONS Returned Executed on 6/24/02 as to HHS (Montgomery, C.) (Entered: 06/27/2002)

June 27, 2002
5

SUMMONS Returned Executed on 6/24/02 as to HHS (Montgomery, C.) (Entered: 06/27/2002)

June 27, 2002
6

SUMMONS Returned Executed on 6/21/02 as to Dept of Social Services (Montgomery, C.) (Entered: 06/27/2002)

June 27, 2002
7

APPEARANCE of Attorney for Dept of Social Services −− Richard J. Lynch and Tanya Feliciano (Montgomery, C.) (Entered: 08/22/2002)

July 2, 2002
8

Certified Return Receipt Card as to U.S. Attorney on 6/21/02 (Montgomery, C.) (Entered: 07/11/2002)

July 10, 2002
9

MOTION by Dept of Social Services to Extend Time to 8/20/02 to answer (Montgomery, C.) (Entered: 07/11/2002)

July 11, 2002
10

SUMMONS Returned Executed on 7/1/02 as to HHS (Montgomery, C.) (Entered: 07/16/2002)

July 15, 2002

ENDORSEMENT granting [9−1] motion to Extend Time to 8/20/02 to answer ( signed by Judge Christopher F. Droney ) (Montgomery, C.) (Entered: 07/16/2002)

July 16, 2002
11

MOTION by Michela Leocata to Extend Time to file 26(f) report until after all appearances are filed (Montgomery, C.) (Entered: 08/12/2002)

Aug. 12, 2002

ENDORSEMENT granting [11−1] motion to Extend Time to file 26(f) report until 9/15/02, 26(f) Report of Conference Due 9/15/02 ( signed by Judge Christopher F. Droney ) (Gothers, M.) (Entered: 08/21/2002)

Aug. 21, 2002
13

APPEARANCE of Attorney for HHS −− Carolyn Aiko Ikari (Montgomery, C.) Modified on 08/22/2002 (Entered: 08/22/2002)

Aug. 21, 2002
14

MOTION by HHS to Extend Time to 9/25/02 to answer (Montgomery, C.) (Entered: 08/22/2002)

Aug. 21, 2002

ENDORSEMENT granting [14−1] motion to Extend Time to 9/25/02 to answer ( signed by Judge Christopher F. Droney ) (Montgomery, C.) (Entered: 08/28/2002)

Aug. 28, 2002

ENDORSEMENT granting [12−1] motion to Extend Time to 10/19/02 to respond to Complaint ( signed by Judge Christopher F. Droney ) (Montgomery, C.) (Entered: 08/28/2002)

Aug. 28, 2002
15

MOTION by HHS to Dismiss (Brief Due 10/11/02 ) (Kunofsky, L.) (Entered: 09/23/2002)

Sept. 20, 2002
16

MEMORANDUM by HHS in support of [15−1] motion to Dismiss (Kunofsky, L.) (Entered: 09/23/2002)

Sept. 20, 2002
17

REPORT of Parties Planning Meeting (Montgomery, C.) (Entered: 10/03/2002)

Oct. 3, 2002
18

MOTION by Dept of Social Services to Extend Time until 11/18/02 to file motion to dismiss (Bauer, J.) (Entered: 10/11/2002)

Oct. 11, 2002
19

OBJECTIONS by Michela Leocata to [15−1] motion to Dismiss by HHS (Bauer, J.) (Entered: 10/15/2002)

Oct. 11, 2002

ENDORSEMENT granting [18−1] motion to Extend Time until 11/18/02 to file motion to dismiss ( signed by Judge Christopher F. Droney ) (Blue,A.) (Entered: 10/18/2002)

Oct. 18, 2002
20

MOTION by HHS, Dept of Social Services to Dismiss complaint (Brief Due 12/4/02 ) (Montgomery, C.) (Entered: 11/13/2002)

Nov. 13, 2002
21

MEMORANDUM by HHS, Dept of Social Services in support of [20−1] motion to Dismiss complaint (Montgomery, C.) (Entered: 11/13/2002)

Nov. 13, 2002

ENDORSEMENT granting [17−1] report of parties planning meeting ( signed by Judge Christopher F. Droney ) (Montgomery, C.) (Entered: 12/02/2002)

Nov. 27, 2002
22

OBJECTIONS by Michela Leocata to [20−1] motion to Dismiss complaint by Dept of Social Services, HHS (Montgomery, C.) (Entered: 12/03/2002)

Dec. 3, 2002
23

ORDERED that within 21 days the parties shall file a joint status report ( signed by Judge Christopher F. Droney ) (Grady, B.) (Entered: 03/13/2003)

March 13, 2003
24

Joint STATUS REPORT (Basile, F.) (Entered: 04/01/2003)

April 1, 2003
25

APPEARANCE of Attorney for HHS, Dept of Social Services −−Cliffor M. Pierce (Basile, F.) (Entered: 09/16/2003)

Sept. 16, 2003
26

Motion hearing held re: [20−1] motion to Dismiss complaint by Dept of Social Services, HHS, [15−1] motion to Dismiss by HHS ( CFD) (Basile, F.) (Entered: 09/22/2003)

Sept. 19, 2003

MINUTE Entry: [20−1] motion to Dismiss complaint under advisement, [15−1] motion to Dismiss under advisement ( CFD) (Basile, F.) (Entered: 09/22/2003)

Sept. 19, 2003
27

MOTION for Temporary Injunction by Michela Leocata.Responses due by 5/18/2004 (Basile, F.) (Entered: 04/27/2004)

April 27, 2004
28

Memorandum in Support re 27 MOTION for Preliminary Injunction filed by Michela Leocata. (Basile, F.) (Entered: 04/27/2004)

April 27, 2004
30

Memorandum in Opposition re 27 MOTION for Preliminary Injunction filed by Dept of Social Services. (Attachments: # 1 Affidavit # 2 Exhibit)(Basile, F.) (Entered: 05/19/2004)

May 19, 2004
31

ORDER re 27 MOTION for Preliminary Injunction filed by Michela Leocata, Set Deadlines as to 27 MOTION for Preliminary Injunction. Motion Hearing set for 7/19/2004 10:00 AM in Courtroom Two − Hartford before Judge Christopher F. Droney.. Signed by Judge Christopher F. Droney on 6/22/04. (Bauer, J.) (Entered: 06/22/2004)

June 22, 2004

Show Cause Hearing set for 7/19/2004 10:00 AM in Courtroom Two − Hartford before Judge Christopher F. Droney. (Johnson, D.) (Entered: 06/23/2004)

June 23, 2004
32

Calendar Entry Telephonic Status Conference set for 7/13/2004 04:30 PM in Chambers Room 108 − Hartford Annex before Judge Christopher F. Droney. Council are instructed to refer to the attached special instructions.(Attachments: # 1)(Newcomb, P.) (Entered: 07/08/2004)

July 8, 2004
33

AMENDED COMPLAINT against HHS, Dept of Social Services , filed by Michela Leocata.(Basile, F.) (Entered: 07/13/2004)

July 9, 2004
34

MEMORANDUM OF LAW IN SUPPORT re 33 Amended Complaint by Michela Leocata. (Basile, F.) (Entered: 07/13/2004)

July 9, 2004
35

PRE−HEARING MEMORANDUM filed by Michela Leocata. (Basile, F.) (Entered: 07/13/2004)

July 9, 2004
36

RESPONSE to 31 order to show cause filed by Dept of Social Services. (Bauer, J.) (Entered: 07/13/2004)

July 12, 2004
37

RESPONSE re: 31 order filed by HHS. (Bauer, J.) (Entered: 07/13/2004)

July 12, 2004
38

RESPONSE re 33 Amended Complaint filed by Dept of Social Services. (Bauer, J.) (Entered: 07/13/2004)

July 13, 2004
39

ORDER Granting Motion to Amend Complaint without prejudice to filing a motion for more definite statement, to dismiss or for summary judgment.. Signed by Judge Christopher F. Droney on 07/13/04. (Droney, Christopher) (Entered: 07/13/2004)

July 13, 2004
40

Calendar Entry ** Show Cause Hearing set for 7/19/2004 at 10:00 AM in Courtroom Two − Hartford, before Judge Christopher F. Droney. (Newcomb, P.) (Entered: 07/14/2004)

July 14, 2004
41

MOTION in Limine by Dept of Social Services.Responses due by 8/6/2004 (Walker, J.) (Entered: 07/19/2004)

July 16, 2004
42

Memorandum in Support re 41 MOTION in Limine filed by Dept of Social Services. (Walker, J.) (Entered: 07/19/2004)

July 16, 2004
43

MOTION to Dismiss Amended Complaint by Dept of Social Services.Responses due by 8/6/2004 (Walker, J.) (Entered: 07/19/2004)

July 16, 2004
44

Memorandum in Support re 43 MOTION to Dismiss filed by Dept of Social Services. (Attachments: # 1 Exhibits to Memorandum − filed in paper form only)(Walker, J.) (Entered: 07/19/2004)

July 16, 2004
45

Minute Entry for proceedings held before Judge Christopher F. Droney : Motion Hearing held on 7/19/2004 re 27 MOTION for Preliminary Injunction filed by Michela Leocata. (Court Reporter Martha Marshall.) (Basile, F.) (Entered: 07/21/2004)

July 19, 2004

Motions Taken Under Advisement: 27 MOTION for Preliminary Injunction (Basile, F.) (Entered: 07/21/2004)

July 19, 2004
46

Marked Exhibit List by HHS, Dept of Social Services. (Basile, F.) (Entered: 07/21/2004)

July 19, 2004
48

Marked Witness List by Michela Leocata. (Basile, F.) (Entered: 07/21/2004)

July 19, 2004
49

MOTION for Extension of Time until 7/28/04 to file post−hearing brief by HHS, Dept of Social Services. (Kunofsky, L.) (Entered: 07/22/2004)

July 21, 2004
50

ELECTRONIC ORDER granting 49 Motion for Extension of Time to July 28, 2004 to file post−hearing brief. Signed by Judge Christopher F. Droney on 7/22/04. (Newcomb, P.) (Entered: 07/22/2004)

July 22, 2004
51

MOTION for Extension of Time to 7/28/04 to file supplemental brief to respond to Plaintiff's argument raised at 7/19 hearing by HHS, Dept of Social Services. (Montgomery, A.) (Entered: 07/23/2004)

July 22, 2004
52

MOTION to Dismiss by HHS.Responses due by 8/18/2004 (Bauer, J.) (Entered: 07/28/2004)

July 28, 2004
53

Memorandum in Opposition re 27 MOTION for Preliminary Injunction filed by HHS.AND, Memorandum in support of 52 Motion to dismiss (Part 1 of 2) (Bauer, J.) (Entered: 07/28/2004)

July 28, 2004
54

Memorandum in Opposition re 27 MOTION for Preliminary Injunction, AND, Memorandum in Support re 52 MOTION to Dismiss filed by HHS (Part 2 of 2) (Bauer, J.) (Entered: 07/28/2004)

July 28, 2004
55

Supplemental Response to 27 MOTION for Preliminary Injunction filed by Dept of Social Services. (Bauer, J.) (Entered: 07/28/2004)

July 28, 2004
56

ENDORSEMENT ORDER granting 51 Motion for Extension of Time . Signed by Judge Christopher F. Droney on 8/3/04. (Basile, F.) (Entered: 08/03/2004)

Aug. 3, 2004
57

OBJECTION re 52 MOTION to Dismiss, 43 MOTION to Dismiss filed by Michela Leocata. (Basile, F.) (Entered: 08/09/2004)

Aug. 6, 2004
58

ORDER granting 15 Motion to Dismiss, granting 20 Motion to Dismiss, denying 27 Motion for Preliminary Injunction, granting 43 Motion to Dismiss, granting 52 Motion to Dismiss . Signed by Judge Christopher F. Droney on 11/3/04. (Basile, F.) (Entered: 11/04/2004)

Nov. 3, 2004
59

JUDGMENT in favor of DEFENDANTS against PLAINTIFFS. Signed by Clerk on 11/3/04. (Basile, F.) (Entered: 11/04/2004)

Nov. 3, 2004
60

NOTICE OF APPEAL as to 58 Order on Motion to Dismiss,, Order on Motion for Preliminary Injunction,, by Michela Leocata. Filing fee $ 255, receipt number H014189.Certified copy of docket and copy of NOA mailed to USCA. (Bauer, J.) (Entered: 11/15/2004)

Nov. 12, 2004
61

Acknowledged Receipt of NOA at USCA on 11/18/04 re 60 Notice of Appeal: (Bauer, J.) (Entered: 11/24/2004)

Nov. 24, 2004
62

Index to Record on Appeal by Michela Leocata re 60 Notice of Appeal (Basile, F.) (Entered: 11/29/2004)

Nov. 24, 2004

USCA Case Number 04−6068cv for 60 Notice of Appeal filed by Michela Leocata. (Bauer, J.) (Entered: 12/08/2004)

Dec. 8, 2004
63

USCA Scheduling Order as to 60 Notice of Appeal filed by Michela Leocata. USCA Number: 04−6068−ag (Basile, F.) (Entered: 12/17/2004)

Dec. 16, 2004
64

USCA Scheduling Order as to 60 Notice of Appeal filed by Michela Leocata. USCA Number: 04−6068−ag (Fazekas, J.) (Entered: 12/30/2004)

Dec. 22, 2004
65

TRANSCRIPT of Proceedings held on 7/19/04 before Judge Christopher F. Droney. Court Reporter: Martha C. Marshall. (Bauer, J.) (Entered: 02/08/2005)

Feb. 8, 2005
66

MANDATE of USCA (certified copy) dated 11/22/05 affirming judgment re: 60 Notice of Appeal filed by Michela Leocata, (Bauer, J.) (Entered: 12/08/2005)

Dec. 7, 2005

State / Territory: Connecticut

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: June 19, 2002

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Elderly woman with advanced dementia

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Health and Human Services, Federal

Connecticut Department of Social Services, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

Benefit Source:

Medicaid