Filed Date: March 8, 2006
Closed Date: Dec. 1, 2016
Clearinghouse coding complete
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)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4319021/parties/joseph-s-v-michael-f-hogan/
Agarwal, Nisha Suresh (New York)
Bearden, Roger A. (New York)
Cho, Jeanne (New York)
Clune, Timothy A. (New York)
Arcati, Michael Anthony (New York)
Cogan, Brian Mark (New York)
Gold, Steven M. (New York)
See docket on RECAP: https://www.courtlistener.com/docket/4319021/joseph-s-v-michael-f-hogan/
Last updated July 1, 2023, 3:15 a.m.
State / Territory: New York
Case Type(s):
Public Benefits/Government Services
Special Collection(s):
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):
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):
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)
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 2011 - 2016
Content of Injunction:
Issues
General:
Deinstitutionalization/decarceration
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Discrimination-basis:
Disability (inc. reasonable accommodations)
Disability:
Mental Disability:
Medical/Mental Health:
Mental health care, unspecified
Benefit Source: