Case: Joseph S. v. Hogan

2:06-cv-01042 | U.S. District Court for the Eastern District of New York

Filed Date: March 8, 2006

Closed Date: Dec. 1, 2016

Clearinghouse coding complete

Case Summary

This lawsuit was a challenge to New York's alleged practice of warehousing individuals with mental illness in nursing homes rather than in the community. The complaint, filed on March 8, 2006 in the U.S. District Court for the Eastern District of New York, alleged that New York frequently discharged individuals from psychiatric institutions to nursing homes instead of integrating them into their communities. The Plaintiffs claimed that New York's policies forced them to languish in sometimes …

This lawsuit was a challenge to New York's alleged practice of warehousing individuals with mental illness in nursing homes rather than in the community. The complaint, filed on March 8, 2006 in the U.S. District Court for the Eastern District of New York, alleged that New York frequently discharged individuals from psychiatric institutions to nursing homes instead of integrating them into their communities. The Plaintiffs claimed that New York's policies forced them to languish in sometimes prison-like nursing homes without receiving any effective treatment or services. The complaint raised legal claims under the Americans with Disabilities Act (under the 1999 Supreme Court precedent, Olmstead v. L.C.), Section 504 of the Rehabilitation Act, and the Nursing Home Reform Act.

The Defendants filed a motion to dismiss the suit, and after a few amendments of the complaint to address certain deficiencies (i.e. specificity of allegations), the court (on order from Judge Brian Cogan following a Report and Recommendation by Magistrate Judge Steven Gold) denied the Defendants' motion to dismiss. The Court found that the Plaintiffs had effectively stated claims under the ADA, Section 504, and the NHRA.

The parties then proceeded to discovery and trial preparation. Ultimately, the parties entered a settlement on September 7, 2011. The settlement provided for the transfer of all mentally ill individuals in nursing homes to community placements within three years. As part of the settlement, the state agreed to create 200 new units of supportive housing and to reform its assessment and placement system.

The agreement was initially written to last until 2015, but was later extended until December 2016. The agreement ultimately terminated and the case is now closed.

Summary Authors

Beth Kurtz (3/22/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4319021/parties/joseph-s-v-michael-f-hogan/


Judge(s)

Cogan, Brian Mark (New York)

Gold, Steven M. (New York)

Attorneys(s) for Plaintiff

Agarwal, Nisha Suresh (New York)

Bearden, Roger A. (New York)

Cho, Jeanne (New York)

Clune, Timothy A. (New York)

Del Valle, Sandra (New York)

Engelman-Lado, Marianne (New York)

Feld, Dennis B. (New York)

Greendorfer, Lori D. (New York)

Judge(s)

Cogan, Brian Mark (New York)

Gold, Steven M. (New York)

Attorneys(s) for Plaintiff

Agarwal, Nisha Suresh (New York)

Bearden, Roger A. (New York)

Cho, Jeanne (New York)

Clune, Timothy A. (New York)

Del Valle, Sandra (New York)

Engelman-Lado, Marianne (New York)

Feld, Dennis B. (New York)

Greendorfer, Lori D. (New York)

Jacob, Beth (New York)

Jung, Veronica Seungwon (New York)

Loewenstein, Nina (New York)

Lowenstein, Amy E (New York)

McAnnany, Kelly Jane (New York)

Mueller, Roberta L. (New York)

Rickner, Robert H. (New York)

Seevers, Rachel E. (New York)

Shah, Aditi Kothekar (New York)

Tawil, Abe D (New York)

Verner, Richard B. (New York)

Volpe, Lisa (New York)

Zucker, Cliff (New York)

Attorneys(s) for Defendant

Arcati, Michael Anthony (New York)

Cuomo, Andrew M. (New York)

Gasior, John P (New York)

Hochhauser, Deborah (New York)

Pepper, Joshua Benjamin (New York)

Price, Rebecca (New York)

Wheeler, Christopher Shaw (New York)

Wilson, Scott Roland (New York)

Other Attorney(s)

Murray, Elizabeth Kelly (New York)

Roberts, Kathleen Anne (New York)

Expert/Monitor/Master

Skolnick, Joanne (New York)

Documents in the Clearinghouse

Document

2:06-cv-01042

Docket [PACER]

June 16, 2016

June 16, 2016

Docket
74-2

2:06-cv-01042

MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS THE FIRST AMENDED COMPLAINT

Sept. 18, 2007

Sept. 18, 2007

Pleading / Motion / Brief
82

2:06-cv-01042

PLAINTIFFS’ MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS THE FIRST AMENDED COMPLAINT

Nov. 16, 2007

Nov. 16, 2007

Pleading / Motion / Brief
89

2:06-cv-01042

2nd Amended Complaint

March 5, 2008

March 5, 2008

Complaint
93

2:06-cv-01042

Magistrate's Report and Recommendation Denying Defendants' Motion to Dismiss

April 21, 2008

April 21, 2008

Order/Opinion
98

2:06-cv-01042

Order Denying Motion to Dismiss

571 F.Supp.2d 280

May 23, 2008

May 23, 2008

Order/Opinion
232

2:06-cv-01042

Stipulation and Order of Settlement

Sept. 7, 2011

Sept. 7, 2011

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4319021/joseph-s-v-michael-f-hogan/

Last updated Aug. 8, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
138

RECAP
152

MOTION for Extension of Time to Complete Discovery - Letter to Chief Magistrate Judge Gold regarding June 15th expert reports - by Richard F. Daines, Michael Hogan, New York State Department of Health, New York State Office of Mental Health, David A. Paterson. (Gasior, John) (Entered: 06/11/2010)

PACER
153

RECAP
213

ORDER denying 175 Motion in Limine. See attached decision. Ordered by Judge Brian M. Cogan on 7/15/2011. (Cogan, Brian)

July 15, 2011

July 15, 2011

RECAP

Case Details

State / Territory: New York

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: March 8, 2006

Closing Date: Dec. 1, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are individuals with mental illness who have been inappropriately placed in nursing homes.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New York State Office of Mental Health, State

New York State Department of Health, State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

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

Nursing Care Reform Act of 1987/ Omnibus Reconciliation Act

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2011 - 2016

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Deinstitutionalization/decarceration

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

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Integrated setting

Least restrictive environment

Mental impairment

P&A Associational Standing

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Mental health care, general

Mental health care, unspecified

Benefit Source:

Medicaid