Case: Gagnon v. Shumway

1:98-cv-00299 | U.S. District Court for the District of New Hampshire

Filed Date: May 8, 1998

Closed Date: July 24, 2000

Clearinghouse coding complete

Case Summary

This class-action case was filed in the U.S. District Court for the District of New Hampshire on May 8, 1998. The plaintiffs contested the constitutionality of a state statute, and its implementing regulations, which they argued allowed the State to revoke without due process "conditional discharges" from involuntary confinement for mental health issues.The Court (Judge Steven J. McAuliffe) issued an order certifying the class on August 31, 1999. The class was defined to include "all persons wh…

This class-action case was filed in the U.S. District Court for the District of New Hampshire on May 8, 1998. The plaintiffs contested the constitutionality of a state statute, and its implementing regulations, which they argued allowed the State to revoke without due process "conditional discharges" from involuntary confinement for mental health issues.

The Court (Judge Steven J. McAuliffe) issued an order certifying the class on August 31, 1999. The class was defined to include "all persons whose conditional discharge [had] been absolutely revoked and who, as a result..., [were] involuntarily confined or [would be] involuntarily confined to ... a designated receiving facility without a hearing or the opportunity to consult with or be represented by counsel." 1999 WL 813953, Gagnon v. Commissioner (D. N.H. 1999).

On April 10, 2000, the parties submitted a proposed Class Action Settlement Agreement, which the court approved on July 24, 2000. The Clearinghouse has not obtained a copy of the settlement, but it is reported at this site that in the settlement the State agreed to appoint counsel whenever a conditional discharge was revoked.

The case appears to be closed, and no further information is available.

Summary Authors

Alex Colbert-Taylor (6/24/2013)

People


Judge(s)

McAuliffe, Steven J. (New Hampshire)

Muirhead, James R. (New Hampshire)

Attorneys(s) for Plaintiff

Lospennato, Ronald (New Hampshire)

Attorneys(s) for Defendant

Gorman, Suzanne (New Hampshire)

Livernois, Andrew B. (New Hampshire)

Judge(s)

McAuliffe, Steven J. (New Hampshire)

Muirhead, James R. (New Hampshire)

Attorneys(s) for Plaintiff

Lospennato, Ronald (New Hampshire)

Attorneys(s) for Defendant

Gorman, Suzanne (New Hampshire)

Livernois, Andrew B. (New Hampshire)

Documents in the Clearinghouse

Document

1:98-cv-00299

Docket

March 6, 2002

March 6, 2002

Docket
17

1:98-cv-00299

Opinion [Order on Class Certification]

1999 WL 813953

Aug. 31, 1999

Aug. 31, 1999

Order/Opinion

Resources

Docket

Last updated Aug. 5, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
2

MOTION by Elizabeth Gagnon to Proceed in Forma Pauperis with financial declaration. (vha) (Entered: 05/08/1998)

May 8, 1998

May 8, 1998

3

MOTION by Elizabeth Gagnon for Preliminary Injunction with memo. (vha) (Entered: 05/08/1998)

May 8, 1998

May 8, 1998

SUMMONS(ES) issued for Commissioner, NH Department of HHServices, and Director, Division of Behavioral Health Services, NH Department of HHServices (vha) (Entered: 05/08/1998)

May 8, 1998

May 8, 1998

4

AMENDED MOTION by Elizabeth Gagnon for Preliminary Injunction (amm) (Entered: 05/14/1998)

May 14, 1998

May 14, 1998

5

MOTION by Elizabeth Gagnon for Expedited Hearing on motion for preliminary injunction (amm) (Entered: 05/19/1998)

May 18, 1998

May 18, 1998

ENDORSED ORDER granting [5−1] motion for Expedited Hearing on motion for preliminary injunction, Motion Hearing set for 9:00 6/16/98 for [4−1] motion for Preliminary Injunction One−half day maximum. Counsel should be prepared to make offer of proof. ( signed by Judge Steven J. McAuliffe ) (amm) (Entered: 05/20/1998)

May 20, 1998

May 20, 1998

6

CERTIFICATE OF SERVICE by Elizabeth Gagnon re: motion for an expedited hearing on her motion for preliminary injunction (amm) (Entered: 05/26/1998)

May 20, 1998

May 20, 1998

7

AGREEMENT OF Acceptance of Service. Service date 5/11/98 ; Answer due on 6/30/98 for HHS NH Behavioral, for HHS NH Commr . (amm) (Entered: 05/28/1998)

May 28, 1998

May 28, 1998

Motion hearing re: [4−1] motion for Preliminary Injunction at 2:00 6/1/98 before Judge Steven J. McAuliffe . (amm) (Entered: 05/28/1998)

May 28, 1998

May 28, 1998

8

Stipulation by Elizabeth Gagnon, HHS NH Commr, HHS NH Behavioral (amm) (Entered: 06/08/1998)

June 5, 1998

June 5, 1998

Terminated Document [4−1] motion for Preliminary Injunction, [3−1] motion for Preliminary Injunction pursuant to the stipulation filed 6/5/98 (amm) (Entered: 06/08/1998)

June 5, 1998

June 5, 1998

9

ANSWER to Complaint by HHS NH Commr, HHS NH Behavioral (Attorney Suzanne M. Gorman) [1−1] complaint (amm) (Entered: 06/15/1998)

June 10, 1998

June 10, 1998

ENDORSED ORDER granting [8−1] stipulation, set Miscellaneous deadline for 11/2/98 for lifting of stay ( signed by Judge Steven J. McAuliffe ) (amm) (Entered: 06/16/1998)

June 15, 1998

June 15, 1998

ENDORSED ORDER granting [2−1] motion to Proceed in Forma Pauperis ( signed by Magistrate Judge James R. Muirhead ) (amm) (Entered: 06/17/1998)

June 17, 1998

June 17, 1998

10

ASSENTED TO MOTION by HHS NH Commr, HHS NH Behavioral to Extend Time to expand discovery schedule on class certification to 7/2/98 (amm) (Entered: 06/30/1998)

June 29, 1998

June 29, 1998

ENDORSED ORDER granting [10−1] motion to Extend Time to expand discovery schedule on class certification to 7/2/98 ( signed by Judge Steven J. McAuliffe ) (amm) (Entered: 06/30/1998)

June 30, 1998

June 30, 1998

11

Proposed Discovery Plan re: Class Certification (jab) (Entered: 07/07/1998)

July 2, 1998

July 2, 1998

ENDORSED ORDER approving [11−1] plan discovery ( signed by Judge Steven J. McAuliffe ) (jab) (Entered: 07/15/1998)

July 15, 1998

July 15, 1998

PRETRIAL CONFERENCE set at 4:00 12/4/98 ; Discovery Plan Deadline set to 11/30/98 before: Judge Steven J. McAuliffe (amm) (Entered: 11/10/1998)

Nov. 10, 1998

Nov. 10, 1998

12

Proposed Discovery Plan (amm) (Entered: 12/01/1998)

Nov. 30, 1998

Nov. 30, 1998

13

MOTION by Elizabeth Gagnon for class certification with memorandum. Objection to Motion Deadline 12/28/98 (amm) (Entered: 12/07/1998)

Dec. 7, 1998

Dec. 7, 1998

***Case track set−−STNDRD (amm) (Entered: 12/11/1998)

Dec. 11, 1998

Dec. 11, 1998

14

Stipulation re: pltf's request for permanent injunctive relief by Elizabeth Gagnon, HHS NH Commr, HHS NH Behavioral (amm) (Entered: 12/18/1998)

Dec. 18, 1998

Dec. 18, 1998

15

OBJECTION by HHS NH Commr, HHS NH Behavioral to [13−1] motion for class certification (amm) (Entered: 12/20/1998)

Dec. 18, 1998

Dec. 18, 1998

ENDORSED ORDER approving [14−1] stipulation ( signed by Judge Steven J. McAuliffe ) (jab) (Entered: 12/23/1998)

Dec. 22, 1998

Dec. 22, 1998

TRIAL NOTICE. Joint mediation statement due 8/2/99 ; Final Pretrial Statements Due 10/15/99 ; Final Pretrial Conference set for 8:45 10/25/99 ; Bench Trial set for 2−week period beginning 9:00 11/2/99 LR 16.2(e) Objections Due: 10/21/99. ( before Judge Steven J. McAuliffe ) (amm) (Entered: 04/02/1999)

April 2, 1999

April 2, 1999

16

ASSENTED TO MOTION by Elizabeth Gagnon to Amend pretrial scheduling order with memorandum. (amm) (Entered: 07/06/1999)

July 2, 1999

July 2, 1999

ENDORSED ORDER granting [16−1] motion to Amend pretrial scheduling order; Trial ddls to be reset after ruling on motion for class certification ( signed by Judge Steven J. McAuliffe ) (amm) (Entered: 07/07/1999)

July 7, 1999

July 7, 1999

17

ORDER granting [13−1] motion for class certification; court retains the power to modify the class description, to include defining sub−classes; the court declines to require notice to be given to all members of the clas. ( signed by Judge Steven J. McAuliffe ) (amm) (Entered: 08/31/1999)

Aug. 31, 1999

Aug. 31, 1999

TRIAL NOTICE. Joint mediation statement due 3/1/00 ; Final Pretrial Statements Due 5/8/00 ; Final Pretrial Conference set for 4:30 5/17/00 ; Bench Trial set for 2−week period beginning 9:00 5/30/00 LR 16.2(e) Objections Due: 5/15/00. ( before Judge Steven J. McAuliffe ) (amm) (Entered: 10/22/1999)

Oct. 22, 1999

Oct. 22, 1999

18

JOINT Mediation Statement: not interested (amm) (Entered: 03/06/2000)

March 3, 2000

March 3, 2000

19

Settlement Agreement by Elizabeth Gagnon, HHS NH Commr, HHS NH Behavioral (amm) (Entered: 04/11/2000)

April 10, 2000

April 10, 2000

20

Proposed Class Action Settlement by Elizabeth Gagnon, HHS NH Commr, HHS NH Behavioral (amm) (Entered: 04/11/2000)

April 10, 2000

April 10, 2000

SPECIAL HEARING: Prosposed Class Action Settlement [20−1] set 11:00 4/17/00 before Judge Steven J. McAuliffe (amm) (Entered: 04/11/2000)

April 11, 2000

April 11, 2000

21

ASSENTED TO MOTION by HHS NH Commr, HHS NH Behavioral to Continue Special Hearing scheduled for 4/17/00 re: proposed settlement (amm) (Entered: 04/14/2000)

April 14, 2000

April 14, 2000

ENDORSED ORDER granting [21−1] motion to Continue Special Hearing scheduled for 4/17/00 re: proposed settlement, re Special Hearing for 2:30 5/22/00 ( signed by Judge Steven J. McAuliffe ) (amm) (Entered: 04/17/2000)

April 17, 2000

April 17, 2000

22

NOTICE of attorney appearance for HHS NH Commr, HHS NH Behavioral by Andrew B. Livernois (amm) (Entered: 04/21/2000)

April 20, 2000

April 20, 2000

23

NOTICE of attorney withdrawal for HHS NH Commr, HHS NH Behavioral **Terminated attorney Suzanne M. Gorman for HHS NH Behavioral, attorney Suzanne M. Gorman for HHS NH Commr (amm) (Entered: 04/21/2000)

April 20, 2000

April 20, 2000

SPECIAL HEARING: Settlement hearing held; Parties to submit a proposed order re: notice of publication to the class with hearing date of 7/31 at 10:00; Objection deadline due 7/14/00 before Judge Steven J. McAuliffe Court Reporter/Tape #: S. Kulacz (amm) (Entered: 05/22/2000)

May 22, 2000

May 22, 2000

SPECIAL HEARING: Class Action Settlement held before Judge Steven J. McAuliffe; No objections filed; Court accepts settlement; Order to issue; Court Reporter/Tape #: D. Churas (amm) (Entered: 07/21/2000)

July 21, 2000

July 21, 2000

ENDORSED ORDER granting [19−1] settlement agreement; Approved, so ordered; judgment in accordance with herewith. ( signed by Judge Steven J. McAuliffe ) (amm) (Entered: 07/24/2000)

July 21, 2000

July 21, 2000

25

JUDGMENT is hereby entered in accordance with the order dated July 21, 2000, by U.S. District Judge Steven J. McAuliffe and the settlement agreement dated April 10, 2000. (Signed by Clerk James R. Starr) (amm) (Entered: 07/24/2000)

July 24, 2000

July 24, 2000

Case closed (amm) (Entered: 07/24/2000)

July 24, 2000

July 24, 2000

FILE located at National Archives and Records Administration (NARA) Waltham, MA. : Accession No:021− 02−0008, Location No: B409544, Box No: 7. (jeb) (Entered: 03/06/2002)

March 6, 2002

March 6, 2002

Case Details

State / Territory: New Hampshire

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: May 8, 1998

Closing Date: July 24, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons whose conditional discharge from New Hampshire mental health facilities had been absolutely revoked and who, as a result, were involuntarily confined or would be involuntarily confined without the opportunity to consult with or be represented by counsel.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New Hampshire, State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

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: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2000 - None

Issues

General:

Commitment procedure

Conditions of confinement

Confinement/isolation

Deinstitutionalization/decarceration

Discharge & termination plans

Placement in mental health facilities

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

Reassessment and care planning

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Least restrictive environment

Mental Disability:

Mental Illness, Unspecified

Type of Facility:

Government-run