Case: Williams v. Wasserman

1:94-cv-00880 | U.S. District Court for the District of Maryland

Filed Date: April 6, 1994

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On April 06, 1994, a person with traumatic brain injury brought suit against various Maryland state officials under the Due Process Clause of the United States Constitution, 42 U.S.C. §1983, and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq. in the U.S. District Court for the District of Maryland. The plaintiff, represented by legal services attorneys, asked the Court for declaratory and injunctive relief, alleging that the state failed to implement the recommendations of treati…

On April 06, 1994, a person with traumatic brain injury brought suit against various Maryland state officials under the Due Process Clause of the United States Constitution, 42 U.S.C. §1983, and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq. in the U.S. District Court for the District of Maryland. The plaintiff, represented by legal services attorneys, asked the Court for declaratory and injunctive relief, alleging that the state failed to implement the recommendations of treating professionals and/or the parties' experts to provide community-based rather than institutional care.

In February 1995, the plaintiffs agreed to withdraw their motion for Class Certification in light of the defendants' assurance that the state would apply individual relief granted to all other persons similarly situated and in light of the fact that non-party beneficiaries can enforce the Court's order pursuant to F.R.C.P. 71.

Pursuant to an agreement among the parties, discovery was conducted on a group of 12 representative plaintiffs chosen by plaintiffs' counsel and which included nine traumatically brain injured patients and three developmentally disabled patients.

On July 31, 1996, the Court (Judge Catherine C. Blake) the plaintiffs' cross-motions for summary judgment on the grounds that the Court's jurisdiction did not end when the representative plaintiffs were released from state institutions, that issues of material fact existed regarding the ADA claim.

Beginning in September 1996, the Court held a 32-day bench trial which concluded on September 15, 1997. Afterwards, both parties submitted post-trial memoranda regarding the impact of the Supreme Court's decision in Olmstead v. L.C..

On September 27, 2001, the Court (Judge Blake) granted the defendants' motion for summary judgment, holding that the plaintiffs received medical treatment and were kept safe and reasonably free from bodily restraint in accordance with reasoned judgment of treating professionals and ADA did not require fundamental alteration of State's programs. Accordingly, the case was closed.

Summary Authors

Kunyi Zhang (2/18/2011)

People


Judge(s)

Blake, Catherine C. (Maryland)

Attorneys(s) for Plaintiff

Abramson, Gil A. (Maryland)

Brueckner, Leslie A. (District of Columbia)

Burnim, Ira Abraham (District of Columbia)

Davies, Darlene Thomas (Maryland)

Fick, Nahaniel C. (Maryland)

Goldman, David Anthony (Maryland)

Hanson, Shannon T. (Delaware)

Harris, Ellen (District of Columbia)

Hersehy, Cheryl L. (Maryland)

Judge(s)

Blake, Catherine C. (Maryland)

Attorneys(s) for Plaintiff

Abramson, Gil A. (Maryland)

Brueckner, Leslie A. (District of Columbia)

Burnim, Ira Abraham (District of Columbia)

Davies, Darlene Thomas (Maryland)

Fick, Nahaniel C. (Maryland)

Goldman, David Anthony (Maryland)

Hanson, Shannon T. (Delaware)

Harris, Ellen (District of Columbia)

Hersehy, Cheryl L. (Maryland)

Kessler, Laura T. (Maryland)

Margolis, Leslie Seid (Maryland)

McCaig, Nancy Jean White (Maryland)

McQuie, Walter D. (Maryland)

Nazarian, Douglas R. M. (Maryland)

Ney, Steven (Maryland)

Penn, Andrew S. (District of Columbia)

Schultheis, Nicole (Maryland)

Shadoan, George W. (Maryland)

Attorneys(s) for Defendant

Bergeron, Richard G. (Maryland)

Braverman, Nathan (Maryland)

Connolly, James M. (Maryland)

Curran, John Joseph Jr. (Maryland)

Dove, Maureen Mullen (Maryland)

Hargrove, John Raymond Jr. (Maryland)

Keech, Richmond Bowling (District of Columbia)

Lawrence, Matthew A. (Maryland)

Morse, Kathleen A. (Colorado)

Pepper, Thomas W. (Maryland)

Other Attorney(s)

Battaglia, Lynne A. (Maryland)

Sekus, Perry F. (Minnesota)

Documents in the Clearinghouse

Document

Docket

Oct. 3, 2001 Docket
179

Order (Denying Defendants' Motion for Summary Judgment)

937 F.Supp. 524, 1996 WL 480693

Aug. 1, 1996 Order/Opinion
301

Order (Closing the Case in Favor of Defendants)

164 F.Supp.2d 591, 2001 WL 1148175

Sept. 27, 2001 Order/Opinion

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed; FILING FEE $ 120.00 RECEIPT # 19763. (mdd, Deputy Clerk) (Entered: 04/18/1994)

April 6, 1994
2

SUMMONS(ES) issued for Nelson Sabatini, Mary Mussman, Jack Buffington and Stuart Silver. (mdd, Deputy Clerk) (Entered: 04/18/1994)

April 13, 1994
3

Local Rule 103.3 Certification of Plaintiff. (cag, Deputy Clerk) (Entered: 04/28/1994)

April 18, 1994
4

MOTION by Nelson Sabatini, Mary Mussman, Stuart Silver, Jack Buffington to Extend Time for Defendants to respond to the complaint . (cag, Deputy Clerk) (Entered: 05/04/1994)

April 29, 1994
5

ORDER granting [4−1] motion to Extend Time for Defendants to respond to the complaint on or before 6/3/94 ; reset Answer deadline to 6/3/94 for Jack Buffington, for Stuart Silver, for Mary Mussman, for Nelson Sabatini . ( signed by Judge Peter J. Messitte 4/29/94 ) (c/m 4/29/94−ems) (cag, Deputy Clerk) (Entered: 05/04/1994)

May 3, 1994
6

MOTION with memorandum in support by Gary Edward Williams for Preliminary Injunction and Exhibits 1 thru 29. (c/s) (cag, Deputy Clerk) (Entered: 05/04/1994)

May 4, 1994
7

ORDER "SETTING" date for Hearing on Motion for Preliminary Injunction. ( signed by Judge Peter J. Messitte 5/9/94 ) (c/m 5/11/94−ems) (cag, Deputy Clerk) (Entered: 05/11/1994)

May 11, 1994
8

MOTION with memorandum in support by Gary Edward Williams to take Depostion , and to shorten time to respond . (c/s) (cag, Deputy Clerk) (Entered: 05/16/1994)

May 13, 1994
9

RESPONSE by Nelson Sabatini in opposition to [8−1] motion of Plaintiffs to take Depostion. (cag, Deputy Clerk) (Entered: 05/17/1994)

May 16, 1994
10

MOTION by Nelson Sabatini for Protective Order . (c/s) (cag, Deputy Clerk) (Entered: 05/17/1994)

May 16, 1994
11

MOTION by Nelson Sabatini, Mary Mussman, Stuart Silver, Jack Buffington to Extend Time to respond to Motion for Preliminary Injunction . (c/s) (cag, Deputy Clerk) (Entered: 05/19/1994)

May 19, 1994
12

ORDER granting [11−1] motion of Defendants to Extend Time to respond to Motion for Preliminary Injunction on or before 5/26/94. ( signed by Judge Peter J. Messitte 5/19/94 ) (c/m 5/23/94−ems) (cag, Deputy Clerk) (Entered: 05/24/1994)

May 24, 1994
13

ORDER/MEMO "RESETTING" date for hearing on the Motion for Preliminary Injunction. ( signed by Judge Peter J. Messitte 5/18/94 ) (c/m 5/23/94−ems) (cag, Deputy Clerk) (Entered: 05/24/1994)

May 24, 1994
14

MEMORANDUM by Nelson Sabatini, Mary Mussman, Stuart Silver, Jack Buffington in opposition to [6−1] motion for Preliminary Injunction and Exhibits A thru F. (c/s) (cag, Deputy Clerk) (Entered: 05/27/1994)

May 26, 1994
15

MOTION by Gary Edward Williams to Extend Time to file Reply Memorandum in support of Motion to Depose Defendant Sabatini . (cag, Deputy Clerk) (Entered: 06/03/1994)

May 26, 1994
16

ORDER granting [15−1] motion of Plaintiff to Extend Time to file Reply Memorandum in support of Motion to Depose Defendant Sabatini on or before 6/2/94. ( signed by Judge Peter J. Messitte 5/25/94 ) (c/m 6/3/94−ems) (cag, Deputy Clerk) (Entered: 06/03/1994)

June 2, 1994
17

REPLY MEMORANDUM by Gary Edward Williams in support of [8−1] motion to take Depostion. (c/s) (cag, Deputy Clerk) (Entered: 06/03/1994)

June 2, 1994
18

ANSWER to Complaint by Nelson Sabatini, Mary Mussman, Stuart Silver, Jack Buffington (Attorney J. Joseph Curran Jr.). (c/s) (cag, Deputy Clerk) (Entered: 06/06/1994)

June 3, 1994
19

MOTION by Gary Edward Williams to Extend Time to file Reply Memorandum in support of Motion for Preliminary Injunction . (c/s) (cag, Deputy Clerk) (Entered: 06/08/1994)

June 8, 1994
20

ORDER granting [19−1] motion of Plaintiffs to Extend Time to file Reply Memorandum in support of Motion for Preliminary Injunction on or before 6/17/94. ( signed by Judge Peter J. Messitte 6/8/94 ) (c/m 6/13/94−ems) (cag, Deputy Clerk) (Entered: 06/13/1994)

June 13, 1994
21

REPLY MEMORANDUM by Gary Edward Williams in support of [6−1] motion for Preliminary Injunction and Exhibits 1 thru 7. (c/s) (cag, Deputy Clerk) (Entered: 06/20/1994)

June 17, 1994
22

MOTION with memorandum in support by Gary Edward Williams for Class Certification . (c/s) (cag, Deputy Clerk) (Entered: 06/20/1994)

June 20, 1994
23

MOTION with memorandum in support by Nelson Sabatini, Mary Mussman, Stuart Silver, Jack Buffington for Partial Summary Judgment and Exhibits A thru E. (c/s) (cag, Deputy Clerk) (Entered: 06/21/1994)

June 20, 1994
24

MEMORANDUM OPINION "GRANTING" plaintiff's Motion to take deposition as therein set forth. ( signed by Judge Peter J. Messitte 6/21/94 ) (c/m ras) (cag, Deputy Clerk) (Entered: 06/22/1994)

June 22, 1994
25

JOINT MOTION by Gary Edward Williams, Nelson Sabatini, Mary Mussman, Stuart Silver, Jack Buffington to Extend Time to file their respective responses to Defendants' Motion for Partial Summary Judgment and Plaintiff's Motion for Class Certification . (c/s) (cag, Deputy Clerk) (Entered: 06/27/1994)

June 27, 1994
26

ORDER granting [25−1] joint motion to Extend Time to file their respective responses to Defendants' Motion for Partial Summary Judgment and Plaintiff's Motion for Class Certification on or before 7/29/94. ( signed by Judge Peter J. Messitte ) (c/m 6/28/94−ems) (cag, Deputy Clerk) (Entered: 06/29/1994)

June 28, 1994
27

JOINT MOTION by Gary Edward Williams, Nelson Sabatini, Mary Mussman, Stuart Silver, Jack Buffington for Stay of Hearing and Attachment. (c/s) (cag, Deputy Clerk) (Entered: 07/28/1994)

July 13, 1994

Tele−conference held before Messitte, J. (cag, Deputy Clerk) (Entered: 07/27/1994)

July 21, 1994
29

SCHEDULING ORDER ( signed by Judge Peter J. Messitte 7/21/94 ) (c/m 7/25/94−ems) (cag, Deputy Clerk) (Entered: 07/28/1994)

July 22, 1994
30

MEMORANDUM by Nelson Sabatini, et al in opposition to [22−1] motion of Plaintiff for Class Certification and Attachments. (c/s) (cag, Deputy Clerk) (Entered: 07/29/1994)

July 29, 1994
31

CROSS−MOTION with memorandum in support by Gary Edward Williams for Partial Summary Judgment and Exhibits 1 thru 25. (c/s) (cag, Deputy Clerk) Modified on 08/01/1994 (Entered: 08/01/1994)

July 29, 1994
31

MEMORANDUM by Gary Edward Williams in opposition to [23−1] motion of Defendants for Partial Summary Judgment and Exhibits 1 thru 25. (c/s) (cag, Deputy Clerk) (Entered: 08/01/1994)

July 29, 1994
32

MOTION by Nelson Sabatini, Mary Mussman, Stuart Silver, Jack Buffington to Substitute Attorney . (cag, Deputy Clerk) (Entered: 08/02/1994)

Aug. 2, 1994
32

ORDER granting [32−1] motion of Defendants to Substitute Attorney; terminated attorney Richard G. Bergeron for Jack Buffington, Stuart Silver, Mary Mussman, Nelson Sabatini; Added Maureen Mullen Dove ( signed by Judge Peter J. Messitte 7/22/94 ) (c/m 8/2/94) (cag, Deputy Clerk) (Entered: 08/02/1994)

Aug. 2, 1994
33

RESPONSE by Nelson Sabatini, Mary Mussman, Stuart Silver, Jack Buffington in opposition to [31−1] cross motion of Plaintiffs for Partial Summary Judgment. (c/s) (cag, Deputy Clerk) (Entered: 08/30/1994)

Aug. 29, 1994
33

REPLY by Nelson Sabatini, Mary Mussman, Stuart Silver, Jack Buffington to response of Plaintiffs to [23−1] motion of Defendants for Partial Summary Judgment. (c/s) (cag, Deputy Clerk) (Entered: 08/30/1994)

Aug. 29, 1994
34

REPLY MEMORANDUM by Gary Edward Williams in support of his [31−1] motion for Partial Summary Judgment. (c/s) (cag, Deputy Clerk) (Entered: 09/11/1994)

Sept. 8, 1994
35

MOTION with memorandum in support by Gary Edward Williams for partial Summary Judgment on his fourteenth amendment claim and attachments. (c/s) (mdd, Deputy Clerk) (Entered: 09/16/1994)

Sept. 16, 1994
36

NOTICE of attorney appearance for Nelson Sabatini, Mary Mussman, Stuart Silver, Jack Buffingto by Thomas W. Keech. (c/s) (cag, Deputy Clerk) (Entered: 10/04/1994)

Sept. 30, 1994
37

NOTICE of attorney appearance for Nelson Sabatini, Mary Mussman, Stuart Silver, Jack Buffington by Victoria H. Pepper. (cag, Deputy Clerk) (Entered: 10/04/1994)

Oct. 3, 1994
38

RESPONSE by Nelson Sabatini, Mary Mussman, Stuart Silver, Jack Buffington in opposition to [35−1] motion of Plaintiff for partial Summary Judgment on his fourteenth amendment claim and Memorandum and Exhibits. (c/s) (cag, Deputy Clerk) (Entered: 10/04/1994)

Oct. 3, 1994
38

CROSS MOTION with memorandum in support by Nelson Sabatini, Mary Mussman, Stuart Silver, Jack Buffington for Summary Judgment and Exhibits. (c/s) (cag, Deputy Clerk) (Entered: 10/04/1994)

Oct. 3, 1994
39

MOTION by Gary Edward Williams for Sanctions and Attachments. (c/s) (cag, Deputy Clerk) (Entered: 10/13/1994)

Oct. 11, 1994
40

RESPONSE by Gary Edward Williams in opposition to [38−1] cross−motion of Defendants for Summary Judgment and Exhibits. (FILED SEPARATELY) (c/s) Received 01/03/95 Exhibit A#14) (cag, Deputy Clerk) Modified on 02/08/1995 (Entered: 10/21/1994)

Oct. 19, 1994
41

ORDER "ADVISING" Parties that each side shall file a brief status report Re: outcome of the Board of Public Works meeting as therein set forth. ( signed by Magistrate Judge Catherine C. Blake 10/25/94 ) (c/m 10/25/94−bc) (cag, Deputy Clerk) (Entered: 10/26/1994)

Oct. 25, 1994

Tele−conference held before Blake, USMJ. (cag, Deputy Clerk) (Entered: 10/27/1994)

Oct. 25, 1994
42

LETTER/MOTION by Nelson Sabatini, et al to Amend the Order to require Status Report to be due 11/28/94 . (cag, Deputy Clerk) (Entered: 10/31/1994)

Oct. 28, 1994
42

ORDER granting [42−1] motion of Defendants to Amend the Order to require Status Report to be due 11/28/94. ( signed by Magistrate Judge Catherine C. Blake 10/28/94 ) (c/m 10/28/94−bc) (cag, Deputy Clerk) (Entered: 10/31/1994)

Oct. 28, 1994
43

ORDER REFERRING CASE to Magistrate Judge Catherine C. Blake for Hearing and determination of non−dispositive pre−trial matters. ( signed by Judge Peter J. Messitte 10/14/94 ) (cag, Deputy Clerk) (Entered: 11/03/1994)

Nov. 3, 1994
44

MOTION with memorandum in support by Nelson Sabatini, Mary Mussman, Stuart Silver, Jack Buffington to Revise [29−1] Scheduling order , to Extend Time for Defendants to respond to Plaintiffs' Class based Discovery . (c/s) (cag, Deputy Clerk) (Entered: 11/08/1994)

Nov. 7, 1994
45

ORDER "EXTENDING" the time for Defendants to respondto Plaintiffs' Class Based Discovery to and including 11/14/94 and for Plaintiffs to file Supplementary Motion for Class Certification to and including 12/14/94. ( signed by Magistrate Judge Catherine C. Blake ) (c/m 11/7/94−bc) (cag, Deputy Clerk) (Entered: 11/08/1994)

Nov. 7, 1994
46

LETTER/MOTION by Nelson Sabatini, Mary Mussman, Stuart Silver, Jack Buffington to Extend Time to file Status Report . (cag, Deputy Clerk) (Entered: 11/08/1994)

Nov. 7, 1994
46

ORDER granting [46−1] letter/motion of defendants to Extend Time to file Status Report to 12/2/94. ( signed by Magistrate Judge Catherine C. Blake 11/7/94 ) (c/m 11/7/94−bc) (cag, Deputy Clerk) (Entered: 11/08/1994)

Nov. 7, 1994
47

MOTION with memorandum in support by Nelson Sabatini, Mary Mussman, Stuart Silver, Jack Buffington to Consolidate Cases PJM−91−2564, K−93−3679, K−94−1107 and PJM−94−880 . (c/s) (cag, Deputy Clerk) (Entered: 11/15/1994)

Nov. 10, 1994
49

MEMORANDUM re: Joint Written Status report on or before Jan. 5, 1995 as therein set forth ( signed by Sr. Judge Frank A. Kaufman ) dated Nov. 17, 1994 (c/m by chamber 11/17/94 dc) (rank, Deputy Clerk) (Entered: 11/29/1994)

Nov. 17, 1994
48

MOTION by Gary Edward Williams for Hearing on Summary Judgment Motions . (c/s Blake &Chambers) (cag, Deputy Clerk) (Entered: 11/21/1994)

Nov. 18, 1994
50

MOTION by Gary Edward Williams to Extend Time to respond to defendant's motion to consolidate . (mdd, Deputy Clerk) (Entered: 12/02/1994)

Nov. 23, 1994
51

ORDER granting [50−1] motion of plaintiff to Extend Time to respond to defendant's motion to consolidate, until December 16, 1994 ( signed by Judge Peter J. Messitte NOvember 30 1994) (c/m 11/30/94−ems) (mdd, Deputy Clerk) (Entered: 12/02/1994)

Nov. 30, 1994
52

SUPPLEMENTAL MEMORANDUM by Gary Edward Williams in support of [22−1] motion of Williams for Class Certification and attachments. (c/s) (Exhibit 1 SEALED see paper No. 55) (mdd, Deputy Clerk) Modified on 01/06/1995 (Entered: 12/14/1994)

Dec. 14, 1994
53

MOTION by Gary Edward Williams to Seal exhibit and attachments. (c/s) (mdd, Deputy Clerk) (Entered: 12/14/1994)

Dec. 14, 1994
55

ORDER "GRANTING" [53−1] motion of plaintiff to Seal exhibit as therein set forth. ( signed by Magistrate Judge Catherine C. Blake 12/19/94 ) (c/m 12/19/94−bc) (sls, Deputy Clerk) (Entered: 12/22/1994)

Dec. 20, 1994
56

SUPPLEMENTAL MEMORANDUM by defendants, Nelson Sabatini, Mary Mussman, Stuart Silver, Jack Buffington in opposition to [22−1] motion of plaintiffs for Class Certification. (c/s Blake &Chambers) (sls, Deputy Clerk) (Entered: 01/09/1995)

Dec. 29, 1994
57

RESPONSE by defendants, Nelson Sabatini, Mary Mussman, Stuart Silver, Jack Buffington to [39−1] motion of plaintiff, Gary E. Williams for Sanctions and exhibits A thru L. (c/s Blake &Chambers) (sls, Deputy Clerk) Modified on 01/09/1995 (Entered: 01/09/1995)

Dec. 30, 1994
58

CORRESPONDENCE to Judge Messitte from Magistrate Judge Blake RE: Referral of Case. (mfw, Deputy Clerk) Modified on 03/20/1997 (Entered: 01/09/1995)

Jan. 5, 1995
58

CORRESPONDENCE to Judge Messitte from Magistrate Judge Blake RE: Order Refering Case. (sls, Deputy Clerk) (Entered: 01/17/1995)

Jan. 5, 1995
59

MOTION by Gary Edward Williams to Compel Answers to Interrogatories and Productio of Documents , Certificate of Local Rule 104.7, and Attahcments. (1 c/s M/J Blake &Chambers) (sls, Deputy Clerk) (Entered: 01/17/1995)

Jan. 5, 1995
60

MEMORANDUM IN REPLY by Gary Edward Williams to response of defendants to [59−1] motion of plaintiff to Compel Answers to Interrogatories and Production of Documents. (1 c/s M/J Blake &Chambers) (sls, Deputy Clerk) (Entered: 01/17/1995)

Jan. 5, 1995
61

MOTION by Gary Edward Williams to Seal Exhibits and attachments. (1 c/s M/J Blake &Chambers) (sls, Deputy Clerk) (Entered: 01/17/1995)

Jan. 12, 1995
62

MEMORANDUM by Gary Edward Williams in support of [22−1] motion of plaintiff for Class Certification and Exhibits 1 thru 6. (exhibits 7 through 12 SEALED) (1 c/s M/J Blake &Chambers) (sls, Deputy Clerk) Modified on 01/26/1995 (Entered: 01/17/1995)

Jan. 12, 1995
63

REPLY MEMORANDUM by Gary Edward Williams in support of [39−1] motion of plaintiff for Sanctions and Exhibits 1 thru 25. (1 c/s M/J Blake &Chambers) (sls, Deputy Clerk) (Entered: 01/17/1995)

Jan. 13, 1995
64

NOTICE of attorney appearance for Gary Edward Williams by David Anthony Goldman (mdd, Deputy Clerk) (Entered: 01/20/1995)

Jan. 17, 1995
65

NOTICE of attorney appearance for Gary Edward Williams by Nathaniel C. Fick (mdd, Deputy Clerk) (Entered: 01/20/1995)

Jan. 17, 1995
69

Request of Parties to Amend and SCHEDULING ORDER ( signed by Judge Peter J. Messitte ) (c/m 1/18/95ems) (lad, Deputy Clerk) (Entered: 02/09/1995)

Jan. 18, 1995
66

MOTION by Gary Edward Williams for Nancy McCaig to Withdraw as Attorney (mdd, Deputy Clerk) (Entered: 01/26/1995)

Jan. 19, 1995
66

ORDER granting [66−1] motion for Nancy McCaig to Withdraw as Attorney (Terminated attorney Nancy Jean White McCaig for Gary Edward Williams ( signed by Judge Peter J. Messitte ) (c/m 1/19/95 ems) (mdd, Deputy Clerk) (Entered: 01/26/1995)

Jan. 19, 1995
67

ORDER withdrawing [43−1] order referring case to U.S. Magistrate Judge. ( signed by Judge Peter J. Messitte ) (c/m 1/20/95 ems) (mdd, Deputy Clerk) (Entered: 01/26/1995)

Jan. 20, 1995

**Remove Magistrate Flag. (mdd, Deputy Clerk) (Entered: 01/26/1995)

Jan. 20, 1995
68

ORDER granting [53−1] motion to Seal exhibit 7 through 12 attached to plaintiffs reply memorandum in support of class certification .( signed by Judge Peter J. Messitte ) (c/m 1/20/95 ems) (mdd, Deputy Clerk) (Entered: 01/26/1995)

Jan. 20, 1995

Telephonic conference held before Kaufman, S.J. (taped in chambers) (rank, Deputy Clerk) (Entered: 02/01/1995)

Jan. 23, 1995
70

Joint STATUS REPORT (c/s) (lad, Deputy Clerk) (Entered: 03/08/1995)

March 3, 1995
71

PROTECTIVE ORDER dated 3/15/95 ( signed by Sr. Judge Frank A. Kaufman ) (c/m 3/15/95dc) (lad, Deputy Clerk) (Entered: 03/25/1995)

March 17, 1995
72

ORDER dated 3/15/95 Re: Protective Order and Unsealing of Documents as therein set forth ( signed by Senior Judge Frank A. Kaufman) (c/m 3/15/95 dc) (lad, Deputy Clerk) (Entered: 03/25/1995)

March 17, 1995
73

NOTICE of attorney appearance for Nelson Sabatini, Mary Mussman, Stuart Silver, Jack Buffington by Kathleen A. Morse (lad, Deputy Clerk) (Entered: 03/25/1995)

March 17, 1995
74

RESPONSE by Nelson Sabatini, Mary Mussman, Stuart Silver, Jack Buffington in opposition to [59−1] motion to Compel Answers to Interrogatories and Production of Documents (c/s) (lad, Deputy Clerk) (Entered: 03/30/1995)

March 24, 1995
75

Second Joint STATUS REPORT (c/s) (lad, Deputy Clerk) (Entered: 04/21/1995)

April 11, 1995
76

MEMORANDUM by Gary Edward Williams in support of of inspection of premises. (mdd, Deputy Clerk) (Entered: 04/28/1995)

April 24, 1995
77

MEMORANDUM by Nelson Sabatini, Mary Mussman, Stuart Silver, and Jack Buffington in opposition to plaintiff's motion to compel; (defendants' memorandum concerning request for inspection) (mdd, Deputy Clerk) (Entered: 04/28/1995)

April 24, 1995
79

Reply by Nelson Sabatini, Mary Mussman, Stuart Silver, Jack Buffington to [78−1] memorandum in support of Inspection of Premises. (c/s) (lad, Deputy Clerk) (Entered: 05/07/1995)

April 28, 1995
78

REPLY MEMORANDUM by Gary Edward Williams in support of Motion to compel Inspection fo Premises and Exhibit A (c/s) (rank, Deputy Clerk) (Entered: 05/04/1995)

May 1, 1995
80

Supplemental RESPONSE by Nelson Sabatini, Mary Mussman, Stuart Silver, Jack Buffington to Plaintiffs' Request for Inspection on Premises and attachments. (c/s) (lad, Deputy Clerk) (Entered: 05/11/1995)

May 4, 1995
81

MOTION to Intervene by Charles T. Biggs and Proposed Complaint to Intervene by Charles T. Biggs. (c/s) (sls, Deputy Clerk) (Entered: 06/14/1995)

June 13, 1995
82

MOTION to Intervene by Bobbie Kemble and Proposed Complaint to Intervene by Bobbie Kemble. (c/s) (sls, Deputy Clerk) (Entered: 06/14/1995)

June 13, 1995
83

MEMORANDUM AND ORDER "DENYING" the request to have a guardian or family member present whenever an expert interviews or examines any Great Oak's and "DENYING" the intervenors' request for a court−appointed expert ( signed by Magistrate Judge Catherine C. Blake 6/12/95 ) (c/m 6/12/95−bc) (sls, Deputy Clerk) (Entered: 06/15/1995)

June 13, 1995
84

MOTION for Thomas W. Keech to Withdraw as Attorney . (sls, Deputy Clerk) (Entered: 06/19/1995)

June 14, 1995
85

ORDER "GRANTING" [84−1] motion for Thomas W. Keech to Withdraw as Attorney (Terminated attorney Thomas W. Keech for Jack Buffington, Stuart Silver and Mary Mussman ( signed by Judge Peter J. Messitte 6/13/95 ) (c/m 6/14/95−kcd) (sls, Deputy Clerk) (Entered: 06/19/1995)

June 14, 1995
86

MOTION by Nelson Sabatini to substitute defendant . (c/s) (mdd, Deputy Clerk) (Entered: 08/11/1995)

July 28, 1995
88

ORDER "GRANTING" [86−1] motion of defendant to substitute defendant "DIRECTING" that Martin P. Wasserman, Secretary, Department of Health and Mental Hygiene, be added as party defendant and "DIRECTING" that Nelson Sabatini shall be DISMISSED as party defendant ( signed by Judge Peter J. Messitte 8/9/95 ) (c/m 8/14/95−kcd) (sls, Deputy Clerk) (Entered: 08/16/1995)

Aug. 14, 1995

CASE reassigned to Judge Catherine C. Blake from Judge Messitte. (lad, Deputy Clerk) (Entered: 08/22/1995)

Aug. 22, 1995
89

CORRESPONDENCE mailed to Counsel re: reassignment. (lad, Deputy Clerk) (Entered: 08/22/1995)

Aug. 22, 1995
90

ORDER granting [82−1] motion to Intervene by Bobbie Kemble; granting [81−1] motion to Intervene by Charles T. Biggs ( signed by Judge Catherine C. Blake September 5, 1995) (c/m 9/6/95−val) (mdd, Deputy Clerk) (Entered: 09/07/1995)

Sept. 6, 1995

State / Territory: Maryland

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: April 6, 1994

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of traumatically brain injured and nonretarded but developmentally disabled residents of state institutions.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Bazelon Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Maryland Department of Health and Mental Hygiene, State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Benefit Source:

Medicaid