Case: Doe v. Sylvester

1:99-cv-00891 | U.S. District Court for the District of Delaware

Filed Date: Dec. 15, 1999

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On December 15, 1999, a woman with borderline personality disorder and profound congenital deafness filed a lawsuit under 42 U.S.C. § 1983 and the Rehabilitation Act against the Secretary of the Delaware Department of Health and Social Services, the Division of Alcoholism, Drug Abuse, and Mental Health in the DHSS, and the Delaware Psychiatric Center, in the United States District Court for the District of Delaware. Plaintiff, represented by Community Legal Aid Society, asked the court for dec…

On December 15, 1999, a woman with borderline personality disorder and profound congenital deafness filed a lawsuit under 42 U.S.C. § 1983 and the Rehabilitation Act against the Secretary of the Delaware Department of Health and Social Services, the Division of Alcoholism, Drug Abuse, and Mental Health in the DHSS, and the Delaware Psychiatric Center, in the United States District Court for the District of Delaware. Plaintiff, represented by Community Legal Aid Society, asked the court for declaratory and injunctive relief, claiming that her rights were violated when an apartment in a community-living facility was not modified to suit her needs. Specifically, the plaintiff claimed that she was confined in an institutional setting longer than necessary because the state did not modify the apartment reserved for her with certain auxiliary aids. Because these modifications were not made, the plaintiff could not live safely in the apartment.

On September 11, 2001, the Court (Judge Roderick R. McKelvie) denied the defendants' motion to dismiss on several grounds. Doe v. Sylvester, 2001 WL 1064810 (D. Del. Sept. 11, 2001).

The complaint was dismissed voluntarily on October 19, 2001. It is unclear whether the plaintiff received relief. The case was closed on October 22, 2001.

Summary Authors

Haley Waller (2/13/2011)

People


Judge(s)

McKelvie, Roderick R. (Delaware)

Judge(s)

McKelvie, Roderick R. (Delaware)

Documents in the Clearinghouse

Document

1:99-cv-00891

Docket

July 28, 2003

July 28, 2003

Docket
76

1:99-cv-00891

MEMORANDUM OPINION

2001 WL 1064810

Sept. 11, 2001

Sept. 11, 2001

Order/Opinion

Resources

Docket

Last updated Aug. 10, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link

No summons issued. (dab) (Entered: 12/15/1999)

Dec. 15, 1999

Dec. 15, 1999

2

MOTION by Jane Doe with Proposed Order for Ira Burnim, Jennifer Mathis and Mary Giliberti to Appear Pro Hac Vice (dab) (Entered: 12/15/1999)

Dec. 15, 1999

Dec. 15, 1999

SUMMONS(ES) issued for Gregg Sylvester, Renata Henry, Jiro Shimono (dab) (Entered: 12/16/1999)

Dec. 16, 1999

Dec. 16, 1999

3

RETURN OF SERVICE executed as to Jane Brady 12/16/99 Answer due on 1/5/00 for Jane Brady (dab) (Entered: 12/16/1999)

Dec. 16, 1999

Dec. 16, 1999

4

RETURN OF SERVICE executed as to Gregg Sylvester 12/16/99 Answer due on 1/5/00 for Gregg Sylvester (dab) (Entered: 12/16/1999)

Dec. 16, 1999

Dec. 16, 1999

5

RETURN OF SERVICE executed as to Renata Henry 12/16/99 Answer due on 1/5/00 for Renata Henry (dab) (Entered: 12/16/1999)

Dec. 16, 1999

Dec. 16, 1999

6

RETURN OF SERVICE executed as to Jiro Shimono 12/16/99 Answer due on 1/5/00 for Jiro Shimono (dab) (Entered: 12/16/1999)

Dec. 16, 1999

Dec. 16, 1999

7

CASE assigned to Judge Roderick R. McKelvie . Notice to all parties. (ntl) (Entered: 12/22/1999)

Dec. 22, 1999

Dec. 22, 1999

So Ordered granting [2−1] motion for Ira Burnim, Jennifer Mathis and Mary Giliberti to Appear Pro Hac Vice ( signed by Judge Roderick R. McKelvie ) Notice to all parties. (ntl) (Entered: 01/04/2000)

Jan. 4, 2000

Jan. 4, 2000

8

NOTICE of attorney appearance for Gregg Sylvester, Renata Henry, Jiro Shimono by Marc P. Niedzielski (ntl) (Entered: 01/06/2000)

Jan. 5, 2000

Jan. 5, 2000

9

MOTION by Jane Doe for Preliminary Injunction Answer Brief due 1/28/00 re: [9−1] motion (ntl) (Entered: 01/18/2000)

Jan. 14, 2000

Jan. 14, 2000

10

Opening Brief Filed by Jane Doe [9−1] motion for Preliminary Injunction (ntl) (Entered: 01/18/2000)

Jan. 14, 2000

Jan. 14, 2000

11

Appendix to Brief Filed by Jane Doe Appending [10−1] opening brief (ntl) (Entered: 01/18/2000)

Jan. 14, 2000

Jan. 14, 2000

12

Letter from Judge McKelvie to counsel encl. draft proposed scheduling order. (ntl) (Entered: 01/21/2000)

Jan. 21, 2000

Jan. 21, 2000

13

MOTION by Gregg Sylvester, Renata Henry, Jiro Shimono with Proposed Order to Dismiss Answer Brief due 2/9/00 re: [13−1] motion (ntl) (Entered: 01/26/2000)

Jan. 26, 2000

Jan. 26, 2000

14

STIPULATION with proposed order re briefing schedules on motion to dismiss and motion for preliminary injunction. (ntl) (Entered: 01/27/2000)

Jan. 26, 2000

Jan. 26, 2000

So Ordered granting [14−1] stipulation ( signed by Judge Roderick R. McKelvie ) Notice to all parties. (ntl) (Entered: 01/31/2000)

Jan. 28, 2000

Jan. 28, 2000

Deadline updated; reset Answer Brief Deadline to 2/11/00 re: [9−1] motion for Preliminary Injunction (ntl) (Entered: 01/31/2000)

Jan. 28, 2000

Jan. 28, 2000

15

Opening Brief Filed by Gregg Sylvester, Renata Henry, Jiro Shimono [13−1] motion to Dismiss (ntl) (Entered: 02/07/2000)

Feb. 4, 2000

Feb. 4, 2000

16

Appendix to Brief Filed by Gregg Sylvester, Renata Henry, Jiro Shimono Appending [15−1] opening brief {SEALED}. (ntl) (Entered: 02/07/2000)

Feb. 4, 2000

Feb. 4, 2000

17

Letter dated 2/7/00 from Daniel Atkins, Esq. to Judge McKelvie re teleconference scheduled for 2/17/00 at 4:00. (ntl) (Entered: 02/10/2000)

Feb. 10, 2000

Feb. 10, 2000

18

Answer Brief Filed by Gregg Sylvester, Renata Henry, Jiro Shimono [9−1] motion for Preliminary Injunction − Reply Brief due 2/18/00 (ntl) (Entered: 02/14/2000)

Feb. 11, 2000

Feb. 11, 2000

19

MOTION by Gregg Sylvester, Renata Henry, Jiro Shimono with Proposed Order for Leave to File an amended opening brief (ntl) (Entered: 02/14/2000)

Feb. 14, 2000

Feb. 14, 2000

So Ordered granting [19−1] motion for Leave to File an amended opening brief ( signed by Judge Roderick R. McKelvie ) Notice to all parties. (ntl) (Entered: 02/17/2000)

Feb. 16, 2000

Feb. 16, 2000

21

CERTIFICATE OF SERVICE by Gregg Sylvester, Renata Henry, Jiro Shimono re 1st set of interrogs. and request for production to ptf. (ntl) (Entered: 02/18/2000)

Feb. 18, 2000

Feb. 18, 2000

Tele−conference held; rprtr. V. Gunning (ntl) (Entered: 02/24/2000)

Feb. 24, 2000

Feb. 24, 2000

22

ORDER Scheduling Preliminary Injunction Hearing, pre−hearing conference by telephone on 3/22/00 at 4:00, Motion Hearing set for 10:00 3/31/00 for [9−1] motion for Preliminary Injunction ( signed by Judge Roderick R. McKelvie ) copies to: cnsl. (ntl) (Entered: 02/24/2000)

Feb. 24, 2000

Feb. 24, 2000

23

TRIAL MANAGEMENT ORDER ( signed by Judge Roderick R. McKelvie ) copies to: cnsl. (ntl) (Entered: 02/24/2000)

Feb. 24, 2000

Feb. 24, 2000

24

SCHEDULING ORDER setting Status Report 7/3/00 Status Conference by telephone 4:30 7/10/00 Discovery cutoff 10/13/00 ; Deadline for filing dispositive motions 10/27/00 Pretrial conference for 4:30 1/10/01 ; Trial Date Deadline (5 day jury) 10:00 1/22/01 ; ( signed by Judge Roderick R. McKelvie ) copies to: cnsl. (ntl) (Entered: 02/24/2000)

Feb. 24, 2000

Feb. 24, 2000

25

Proposed Discovery Plan filed by Jane Doe, Gregg Sylvester, Renata Henry, Jiro Shimono (ntl) (Entered: 02/28/2000)

Feb. 25, 2000

Feb. 25, 2000

26

ORDER, set Telephone Conference for 9:30 3/30/00 ( signed by Judge Mary P. Thynge ) copies to: cnsl. (ntl) (Entered: 02/28/2000)

Feb. 28, 2000

Feb. 28, 2000

27

CERTIFICATE OF SERVICE by Jane Doe re 1st request for prod. of docs. and things; 1st set of interrogs; and 1st request for admissions. (ntl) (Entered: 02/29/2000)

Feb. 28, 2000

Feb. 28, 2000

28

Reply Brief Filed by Jane Doe [9−1] motion for Preliminary Injunction (ntl) (Entered: 02/29/2000)

Feb. 28, 2000

Feb. 28, 2000

29

Letter from Daniel Atkins, Esq. to Judge McKelvie re table of contents and authorities to D.I. 28. (ntl) (Entered: 03/02/2000)

March 1, 2000

March 1, 2000

30

Letter dated 3/1/00 from Jennifer Mathis and Daniel Atkins to Judge McKelvie re request that the Court certify to the Attorney General of the U.S. that the constitutionality of two federal statutes affecting the public interest has been challenged in this matter. (ntl) (Entered: 03/06/2000)

March 3, 2000

March 3, 2000

31

MOTION by Jane Doe with Proposed Order to Amend [11−1] appendix (ntl) (Entered: 03/07/2000)

March 6, 2000

March 6, 2000

So Ordered granting [31−1] motion to Amend [11−1] appendix ( signed by Judge Roderick R. McKelvie ) Notice to all parties. (ntl) (Entered: 03/07/2000)

March 7, 2000

March 7, 2000

32

Answer Brief Filed by Jane Doe [13−1] motion to Dismiss (ntl) (Entered: 03/09/2000)

March 8, 2000

March 8, 2000

33

Letter from Daniel Atkins, Esq. to Judge McKelvie re continuance of the preliminary injunction hearing. (ntl) (Entered: 03/09/2000)

March 8, 2000

March 8, 2000

34

ORDER Rescheduling Preliminary Injunction Hearing, pre−hearing conference by telephone scheduled for 4/17/00 at 4:30, Motion Hearing set for 10:00 4/28/00 for [9−1] motion for Preliminary Injunction ( signed by Judge Roderick R. McKelvie ) copies to: cnsl. (ntl) (Entered: 03/15/2000)

March 14, 2000

March 14, 2000

35

Reply Brief Filed by Gregg Sylvester, Renata Henry, Jiro Shimono [13−1] motion to Dismiss (ntl) (Entered: 03/22/2000)

March 21, 2000

March 21, 2000

36

Letter from Marc Niedzielski, Esq. to Judge McKelvie re briefing is complete on dfts' motion to dismiss. (ntl) (Entered: 03/23/2000)

March 21, 2000

March 21, 2000

38

CERTIFICATE OF SERVICE by Gregg Sylvester, Renata Henry, Jiro Shimono re records concerning the ptf in supplementation of initial disclosures and in response to request for production. (ntl) (Entered: 04/03/2000)

March 31, 2000

March 31, 2000

39

Subpoena for Kathi Wisniewski (ntl) (Entered: 04/06/2000)

April 5, 2000

April 5, 2000

40

NOTICE by Gregg Sylvester, Renata Henry, Jiro Shimono to take depositions of Jane Doe and Brenda Yaeger on 4/10/00 (ntl) (Entered: 04/06/2000)

April 5, 2000

April 5, 2000

41

MOTION by Jane Doe with Proposed Order for Leave to File a surreply brief (ntl) (Entered: 04/06/2000)

April 5, 2000

April 5, 2000

42

Surreply Brief Filed by Jane Doe [13−1] motion to Dismiss (ntl) (Entered: 04/06/2000)

April 5, 2000

April 5, 2000

43

CERTIFICATE OF SERVICE by Jane Doe re response to dfts' 1st request for prod. of docs. and response to dfts' 1st set of interrogs. (ntl) (Entered: 04/11/2000)

April 10, 2000

April 10, 2000

44

CERTIFICATE OF SERVICE by Gregg Sylvester, Renata Henry, Jiro Shimono re responses to ptf's 1st set of interrogs., request for production and request for admissions. (ntl) (Entered: 04/11/2000)

April 11, 2000

April 11, 2000

45

Letter from Daniel Atkins, Esq. to Judge McKelvie re pretrial teleconference moved to 4/25/00 at 3:00. (ntl) (Entered: 04/11/2000)

April 11, 2000

April 11, 2000

46

CERTIFICATE OF SERVICE by Gregg Sylvester, Renata Henry, Jiro Shimono re amended responses to ptf's 1st set of interrogs. (ntl) (Entered: 04/13/2000)

April 12, 2000

April 12, 2000

47

CERTIFICATE OF SERVICE by Gregg Sylvester, Renata Henry, Jiro Shimono re production of docs. (ntl) (Entered: 04/18/2000)

April 17, 2000

April 17, 2000

48

Proposed pre−hearing order filed by Jane Doe, Gregg Sylvester, Renata Henry, Jiro Shimono (ntl) (Entered: 04/24/2000)

April 21, 2000

April 21, 2000

49

Letter from Marc Niedzielski, Esq. to Judge McKelvie re dfts renew their request for dismissal. (ntl) (Entered: 04/25/2000)

April 25, 2000

April 25, 2000

Tele−conference held; rprtr. K. Maurer (ntl) (Entered: 04/26/2000)

April 25, 2000

April 25, 2000

50

Steno Notes for 4/25/00; rprtr. K. Maurer (ntl) (Entered: 04/27/2000)

April 27, 2000

April 27, 2000

51

Letter from Marc Niedzielski, Esq. to Judge McKelvie re dfts' proposed findings of fact and conclusions of law. (ntl) (Entered: 04/27/2000)

April 27, 2000

April 27, 2000

52

Proposed findings of fact and conclusions of law by Jane Doe (ntl) (Entered: 04/27/2000)

April 27, 2000

April 27, 2000

Motion hearing held re: [9−1] motion for Preliminary Injunction; rprtr. K. Maurer (ntl) (Entered: 04/28/2000)

April 28, 2000

April 28, 2000

53

Steno Notes for 4/28/00; rprtr. K. Maurer (ntl) (Entered: 05/01/2000)

April 28, 2000

April 28, 2000

54

ORDER granting [41−1] motion for Leave to File a surreply brief ( signed by Judge Roderick R. McKelvie ) copies to: cnsl. (ntl) (Entered: 05/02/2000)

April 28, 2000

April 28, 2000

55

TRANSCRIPT filed [0−0] motion hearing for dates of 4/28/00 (ntl) (Entered: 05/04/2000)

May 4, 2000

May 4, 2000

56

Supplemental Proposed Findings of Fact and Conclusions of Law by Jane Doe. (ntl) (Entered: 05/08/2000)

May 5, 2000

May 5, 2000

57

Proposed Findings of Fact and Law by Gregg Sylvester, Renata Henry, Jiro Shimono (ntl) (Entered: 05/15/2000)

May 12, 2000

May 12, 2000

58

MOTION by United States with Proposed Order for leave to participate as amicus curiae (ntl) (Entered: 05/15/2000)

May 12, 2000

May 12, 2000

60

Letter from Daniel Atkins, Esq. to Judge McKelvie re status of efforts to place ptf in a Maryland placement for deaf individuals with mental illness. (ntl) (Entered: 05/17/2000)

May 16, 2000

May 16, 2000

61

Letter from Marc Niedzielski, Esq. to Judge McKelvie re response to ptf's correspondence dated 5/16/00. (ntl) (Entered: 05/22/2000)

May 22, 2000

May 22, 2000

62

Subpoena for PFC Tom Donovan (ntl) (Entered: 05/25/2000)

May 24, 2000

May 24, 2000

63

Letter STATUS REPORT by Jane Doe (ntl) (Entered: 06/30/2000)

June 30, 2000

June 30, 2000

Tele−conference held; rprtr. B. Gaffigan (ntl) (Entered: 07/11/2000)

July 10, 2000

July 10, 2000

64

Steno Notes for 7/10/00; rprtr. B. Gaffigan (ntl) (Entered: 07/13/2000)

July 12, 2000

July 12, 2000

Tele−conference held; rprtr. V. Gunning (ntl) (Entered: 08/01/2000)

July 31, 2000

July 31, 2000

65

Letter from Daniel Atkins, Esq. to Judge McKelvie re request for status teleconference in September. (ntl) (Entered: 08/04/2000)

Aug. 3, 2000

Aug. 3, 2000

66

Letter from Daniel Atkins, Esq. to Judge McKelvie re teleconference scheduled for 9/7/00 at 3:30. (ntl) (Entered: 08/09/2000)

Aug. 9, 2000

Aug. 9, 2000

67

Letter from Marc Niedzielski, Esq. to Judge McKelvie re Fifth Circuit decision in Neinast v. Texas. (ntl) (Entered: 08/16/2000)

Aug. 16, 2000

Aug. 16, 2000

68

Letter from Daniel Atkins, Esq. to Judge McKelvie re dfts' counsel's letter of 8/16/00. (ntl) (Entered: 08/28/2000)

Aug. 18, 2000

Aug. 18, 2000

Tele−conference held; rprtr. V. Gunning (ntl) (Entered: 09/07/2000)

Sept. 7, 2000

Sept. 7, 2000

69

Letter from Daniel Atkins, Esq. to Judge McKelvie re status of case. (ntl) (Entered: 12/06/2000)

Dec. 5, 2000

Dec. 5, 2000

70

Letter from Marc Niedzielski, Esq. to Judge McKelvie re status of case. (ntl) (Entered: 12/07/2000)

Dec. 6, 2000

Dec. 6, 2000

71

Letter from Marc Niedzielski, Esq. to Judge McKelvie re further status of case. (ntl) (Entered: 12/15/2000)

Dec. 15, 2000

Dec. 15, 2000

72

Letter dated 12/21/00 from Daniel Atkins, Esq. and Gregg Wilson, Esq. to Judge McKelvie re joint request to continue trial date scheduled for 1/22/01. (ntl) (Entered: 12/29/2000)

Dec. 22, 2000

Dec. 22, 2000

73

Letter from Judge McKelvie to counsel re continuance of trial. (ntl) (Entered: 01/02/2001)

Jan. 2, 2001

Jan. 2, 2001

Tele−conference held; rprtr. V. Gunning (ntl) (Entered: 01/30/2001)

Jan. 29, 2001

Jan. 29, 2001

74

Supplemental MEMORANDUM by Jane Doe in support of [9−1] motion for Preliminary Injunction (ntl) (Entered: 02/21/2001)

Feb. 20, 2001

Feb. 20, 2001

75

Letter from Marc Niedzielski, Esq. to Judge McKelvie encl. Superior Court orders. (ntl) (Entered: 03/05/2001)

March 2, 2001

March 2, 2001

76

MEMORANDUM OPINION ( signed by Judge Roderick R. McKelvie ) copies to: cnsl. (ntl) (Entered: 09/11/2001)

Sept. 11, 2001

Sept. 11, 2001

77

ORDER denying [13−1] motion to Dismiss ( signed by Judge Roderick R. McKelvie ) copies to: cnsl. (ntl) (Entered: 09/11/2001)

Sept. 11, 2001

Sept. 11, 2001

78

Letter from Marc Niedzielski, Esq. to Judge McKelvie re status of plaintiff. (ntl) (Entered: 10/03/2001)

Oct. 2, 2001

Oct. 2, 2001

79

Letter from Daniel Atkins, Esq. to Judge McKelvie re response to dfts' counsel's letter dated 10/2/01; preliminary injunction motion is moot. (ntl) (Entered: 10/09/2001)

Oct. 5, 2001

Oct. 5, 2001

So Ordered granting [80−1] motion to Dismiss complaint voluntarily without prejudice ( signed by Judge Roderick R. McKelvie ) Notice to all parties. (ntl) (Entered: 10/23/2001)

Oct. 22, 2001

Oct. 22, 2001

Case closed (ntl) (Entered: 01/30/2002)

Oct. 22, 2001

Oct. 22, 2001

81

ORDER DIRECTING RETURN of SEALED DOCUMENTS to the Parties ( signed by Judge Roderick R. McKelvie ) copies to: cnsl. (ntl) (Entered: 05/06/2002)

May 3, 2002

May 3, 2002

82

Letter dated 7/28/03 to Marc P. Niedzielski, Esq., Re: Trial Exhibits returned. (rwc) (Entered: 07/28/2003)

July 28, 2003

July 28, 2003

Case Details

State / Territory: Delaware

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Dec. 15, 1999

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A woman with borderline personality disorder and congenital deafness.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary, Delaware Department of Health & Social Services, State

Division of Alcoholism, Drug Abuse and Mental Health, State

Delaware Psychiatric Center, State

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown