Case: Charles v. Orange County, New York

7:16-cv-05527 | U.S. District Court for the Southern District of New York

Filed Date: July 12, 2016

Closed Date: Nov. 18, 2019

Clearinghouse coding complete

Case Summary

On July 12, 2016, two legal permanent residents filed this lawsuit against Orange County, New York and its officials in the U.S. District for the Southern District of New York. The plaintiffs, who both had serious mental illnesses, sued under 42 U.S.C. § 1983, alleging violations of the Due Process Clause of the 14th Amendment. Specifically, the plaintiffs alleged that county officials discharged them from civil immigration detention at Orange County Detention Center without providing discharge…

On July 12, 2016, two legal permanent residents filed this lawsuit against Orange County, New York and its officials in the U.S. District for the Southern District of New York. The plaintiffs, who both had serious mental illnesses, sued under 42 U.S.C. § 1983, alleging violations of the Due Process Clause of the 14th Amendment. Specifically, the plaintiffs alleged that county officials discharged them from civil immigration detention at Orange County Detention Center without providing discharge planning for the continuity of their life-sustaining mental health care. At their civil detention center, the plaintiffs had interacted regularly with psychiatric professionals and received medication to target the symptoms of their illnesses. When they left without discharge plans, their care stopped abruptly, and they were left without access to basic mental health resources. Represented by the New York Lawyers for the Public Interest (NYLPI), the plaintiffs claimed that the county’s failure to provide the most basic aspect of mental health care endangered their lives, thereby depriving them of due process. They sought compensatory damages.

Defendants filed motions to dismiss on January 30, 2017. On September 29, 2017, Judge Nelson Stephen Román granted the motions to dismiss for failure to state a claim. 2017 WL 4402576. The court first examined whether the state had an ongoing and affirmative duty to plaintiffs to provide continuing care upon discharge. Judge Román found that, given the circumstances of the case and the plaintiffs' inability to find care immediately upon discharge, the state did owe them a limited duty of protection. However, the court also found that the plaintiffs had not shown that the defendants engaged in the type of deliberate indifference that would "shock the conscience" as required to make a due process claim under a failure to protect theory. Because the plaintiffs had not shown that the defendants committed a constitutional violation, Judge Román ended his inquiry there.

On October 30, 2017, the plaintiffs filed an appeal with the U.S. Court of Appeals for the Second Circuit. From November 2017 through February 2018, dozens of mental health professional associations, public defender agencies, and immigrant rights organizations moved to file amicus briefs, appeared as amicus counsel, or be joined as parties. On May 24, 2019, the Second Circuit vacated the District Court's judgment and remanded the case for further proceedings. 925 F.3d 73. Specifically, the Second Circuit held that Judge Román should have applied the standard for in-custody medical care, rather than treat the allegations as post-custody medical care. The Second Circuit instructed the District Court to reconsider the motion to dismiss in accordance with the in-custody medical care standard.

On November 11, 2019, the parties reached a private settlement agreement of $900,000 and voluntarily dismissed the case. The United States, in a separate lawsuit, also agreed to a settlement of $825,000. The case is now closed.

Summary Authors

Ginny Lee (1/22/2017)

Lauren Latterell Powell (2/28/2018)

Alexandra Gilewicz (3/9/2018)

Hope Brinn (5/11/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6207533/parties/charles-v-orange-county-new-york/


Judge(s)

Lynch, Gerard E. (New York)

Román, Nelson Stephen (New York)

Attorneys(s) for Plaintiff

Agbemenu, Esinam Mawuena Daisy (New York)

Arora, Reena (New York)

Gemmell, Antony Philip Falconer (New York)

Gorenberg, Hayley J. (New York)

Redman, Laura F (New York)

Repole, Lauren Elizabeth (New York)

Rice, Thomas C. (New York)

Rosenfeld, Katherine (New York)

Judge(s)

Lynch, Gerard E. (New York)

Román, Nelson Stephen (New York)

Attorneys(s) for Plaintiff

Agbemenu, Esinam Mawuena Daisy (New York)

Arora, Reena (New York)

Gemmell, Antony Philip Falconer (New York)

Gorenberg, Hayley J. (New York)

Redman, Laura F (New York)

Repole, Lauren Elizabeth (New York)

Rice, Thomas C. (New York)

Rosenfeld, Katherine (New York)

Stujenske, Daniel Joseph (New York)

Walker, Richard (New York)

Attorneys(s) for Defendant

Cardoso, Anthony Francisco (New York)

Gallo, Vincent Leonard Jr. (New York)

O'Brien, John Charles Jr. (New York)

Pierce, Carol C. (New York)

Ratner, Daniel Scott (New York)

Other Attorney(s)

Burnim, Ira Abraham (District of Columbia)

Levitt, Jamie A. (New York)

Panner, Aaron Martin (District of Columbia)

Documents in the Clearinghouse

Document

7:16-cv-05527

Docket [PACER]

Nov. 19, 2019

Nov. 19, 2019

Docket
1

7:16-cv-05527

Complaint and Jury Demand

July 12, 2016

July 12, 2016

Complaint

[Press Release] Federal Lawsuit Challenges Unconstitutional “Discharge and Dump” Policy Targeted at New Yorkers with Mental Illness in Immigration Detention

No Court

July 12, 2016

July 12, 2016

Press Release
68

7:16-cv-05527

Opinion & Order

Charles v. County of Orange, New York

Sept. 29, 2017

Sept. 29, 2017

Order/Opinion
52-2

17-03506

Brief of American Psychiatric Association, American Academy of Psychiatry and The Law, American Psychological Association, American Medical Association, National Association of Social Workers, American Public Health Association,[...]

Charles v. Orange County, State of New York

U. S. Court of Appeals for the Second Circuit

Feb. 20, 2018

Feb. 20, 2018

Pleading / Motion / Brief

17-03506

925 F.3d 73 (2019)

U. S. Court of Appeals for the Second Circuit

925 F.3d 73, 2019 WL 2236391

May 24, 2019

May 24, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6207533/charles-v-orange-county-new-york/

Last updated May 20, 2022, 4:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Carmen Elizondo, Nicole Kaye, Orange County Department of Mental Health, Orange County Sheriff's Department, Orange County, New York. (Filing Fee $ 400.00, Receipt Number 0208-12525716)Document filed by Michelet Charles, Carol Small.(Rice, Thomas) (Entered: 07/12/2016)

July 12, 2016

July 12, 2016

PACER
2

CIVIL COVER SHEET filed. (Rice, Thomas) (Entered: 07/12/2016)

July 12, 2016

July 12, 2016

PACER
3

REQUEST FOR ISSUANCE OF SUMMONS as to Orange County, New York, re: 1 Complaint,. Document filed by Michelet Charles, Carol Small. (Rice, Thomas) (Entered: 07/12/2016)

July 12, 2016

July 12, 2016

PACER
4

REQUEST FOR ISSUANCE OF SUMMONS as to Orange County Sheriff's Department, re: 1 Complaint,. Document filed by Michelet Charles, Carol Small. (Rice, Thomas) (Entered: 07/12/2016)

July 12, 2016

July 12, 2016

PACER
5

REQUEST FOR ISSUANCE OF SUMMONS as to Orange County Department of Mental Health, re: 1 Complaint,. Document filed by Michelet Charles, Carol Small. (Rice, Thomas) (Entered: 07/12/2016)

July 12, 2016

July 12, 2016

PACER
6

REQUEST FOR ISSUANCE OF SUMMONS as to Nicole Kaye, re: 1 Complaint,. Document filed by Michelet Charles, Carol Small. (Rice, Thomas) (Entered: 07/12/2016)

July 12, 2016

July 12, 2016

PACER
7

REQUEST FOR ISSUANCE OF SUMMONS as to Carmen Elizondo, re: 1 Complaint,. Document filed by Michelet Charles, Carol Small. (Rice, Thomas) (Entered: 07/12/2016)

July 12, 2016

July 12, 2016

PACER
8

NOTICE OF APPEARANCE by Reena Arora on behalf of Michelet Charles, Carol Small. (Arora, Reena) (Entered: 07/12/2016)

July 12, 2016

July 12, 2016

PACER
9

NOTICE OF APPEARANCE by Antony Philip Falconer Gemmell on behalf of Michelet Charles, Carol Small. (Gemmell, Antony) (Entered: 07/12/2016)

July 12, 2016

July 12, 2016

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Thomas C. Rice. The party information for the following party/parties has been modified: Orange County Sheriff's Department, Orange County, New York. The information for the party/parties has been modified for the following reason/reasons: entities must be entered as they appear on complaint. (rch)

July 13, 2016

July 13, 2016

PACER
10

ELECTRONIC SUMMONS ISSUED as to County of Orange, New York. (rch) (Entered: 07/13/2016)

July 13, 2016

July 13, 2016

PACER
11

ELECTRONIC SUMMONS ISSUED as to County of Orange Sheriff's Department. (rch) (Entered: 07/13/2016)

July 13, 2016

July 13, 2016

PACER
12

ELECTRONIC SUMMONS ISSUED as to Orange County Department of Mental Health. (rch) (Entered: 07/13/2016)

July 13, 2016

July 13, 2016

PACER
13

ELECTRONIC SUMMONS ISSUED as to Nicole Kaye. (rch) (Entered: 07/13/2016)

July 13, 2016

July 13, 2016

PACER
14

ELECTRONIC SUMMONS ISSUED as to Carmen Elizondo. (rch) (Entered: 07/13/2016)

July 13, 2016

July 13, 2016

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (rch)

July 13, 2016

July 13, 2016

PACER

Magistrate Judge Sarah Netburn is so designated. (rch)

July 13, 2016

July 13, 2016

PACER

Case Designated ECF. (rch)

July 13, 2016

July 13, 2016

PACER
15

NOTICE OF APPEARANCE by Daniel Joseph Stujenske on behalf of Michelet Charles, Carol Small. (Stujenske, Daniel) (Entered: 07/13/2016)

July 13, 2016

July 13, 2016

PACER
16

NOTICE OF APPEARANCE by Lauren Elizabeth Repole on behalf of Michelet Charles, Carol Small. (Repole, Lauren) (Entered: 07/13/2016)

July 13, 2016

July 13, 2016

PACER
17

INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 9/12/2016 at 03:45 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 7/14/2016) (kko) (Entered: 07/14/2016)

July 14, 2016

July 14, 2016

PACER
18

NOTICE OF APPEARANCE by Katherine R. Rosenfeld on behalf of Michelet Charles, Carol Small. (Rosenfeld, Katherine) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

PACER
19

NOTICE OF APPEARANCE by Laura Francine Redman on behalf of Michelet Charles, Carol Small. (Redman, Laura) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

PACER
20

NOTICE OF CHANGE OF ADDRESS by Laura Francine Redman on behalf of All Plaintiffs. New Address: New York Lawyers for the Public Interest, 151 W 30th St., 11th Fl., New York, NY, United States 10001, 2122444664. (Redman, Laura) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

PACER
21

SUMMONS RETURNED EXECUTED Summons and Complaint, served. County of Orange Sheriff's Department served on 7/19/2016, answer due 8/9/2016. Service was accepted by S.K. Hamill, Captain. Document filed by Michelet Charles; Carol Small. (Rice, Thomas) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

PACER
22

SUMMONS RETURNED EXECUTED Summons and Complaint, served. County of Orange, New York served on 7/19/2016, answer due 8/9/2016. Service was accepted by Renee M. Hoover. Document filed by Michelet Charles; Carol Small. (Rice, Thomas) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

PACER
23

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Nicole Kaye served on 7/19/2016, answer due 8/9/2016. Service was accepted by Nicole Kaye. Document filed by Michelet Charles; Carol Small. (Rice, Thomas) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

PACER
24

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Orange County Department of Mental Health served on 7/19/2016, answer due 8/9/2016. Service was accepted by Darcie Miller, Acting Commissioner. Document filed by Michelet Charles; Carol Small. (Rice, Thomas) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

PACER
25

LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge Analisa Torres from J.C. O'Brien dated August 5, 2016. Document filed by Nicole Kaye.(O'Brien, John) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

PACER
26

NOTICE OF APPEARANCE by Vincent Leonard Gallo, Jr on behalf of Nicole Kaye. (Gallo, Vincent) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

PACER
27

ORDER denying 25 Letter Motion for Extension of Time. Defendant's request is DENIED. SO ORDERED. (Signed by Judge Analisa Torres on 8/5/2016) (kko) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

PACER
28

NOTICE OF APPEARANCE by Carol C. Pierce on behalf of County of Orange Sheriff's Department, County of Orange, New York, Carmen Elizondo, Orange County Department of Mental Health. (Pierce, Carol) (Entered: 08/09/2016)

Aug. 9, 2016

Aug. 9, 2016

PACER
29

ANSWER to 1 Complaint,. Document filed by County of Orange Sheriff's Department, County of Orange, New York, Carmen Elizondo, Orange County Department of Mental Health.(Pierce, Carol) (Entered: 08/09/2016)

Aug. 9, 2016

Aug. 9, 2016

PACER
30

ANSWER to 1 Complaint, with JURY DEMAND. Document filed by Nicole Kaye.(Gallo, Vincent) (Entered: 08/09/2016)

Aug. 9, 2016

Aug. 9, 2016

PACER
31

NOTICE OF APPEARANCE by Anthony Francisco Cardoso on behalf of County of Orange Sheriff's Department, County of Orange, New York, Carmen Elizondo, Orange County Department of Mental Health. (Cardoso, Anthony) (Entered: 08/18/2016)

Aug. 18, 2016

Aug. 18, 2016

PACER
32

ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah Netburn. (Signed by Judge Lorna G. Schofield on 8/18/2016) (cf) (Entered: 08/18/2016)

Aug. 18, 2016

Aug. 18, 2016

PACER

NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Barbara C. Moses. Please note that this is a reassignment of the designation only. (wb)

Aug. 22, 2016

Aug. 22, 2016

PACER

NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Barbara C. Moses, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Sarah Netburn no longer referred to the case. (wb)

Aug. 22, 2016

Aug. 22, 2016

PACER
33

ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: Initial Conference set for 9/22/2016 at 10:00 AM in Courtroom 9A, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses, and as further set forth in this Order. (Signed by Magistrate Judge Barbara C. Moses on 8/23/2016) (rjm) (Entered: 08/23/2016)

Aug. 23, 2016

Aug. 23, 2016

PACER
34

ORDER: The initial pretrial conference scheduled for September 12, 2016, is ADJOURNED sine die. SO ORDERED. (Signed by Judge Analisa Torres on 8/23/2016) (kl) (Entered: 08/23/2016)

Aug. 23, 2016

Aug. 23, 2016

PACER
35

LETTER MOTION for Conference for anticipated motion to dismiss addressed to Judge Analisa Torres from Anthony F. Cardoso dated August 29, 2016. Document filed by County of Orange Sheriff's Department, County of Orange, New York, Carmen Elizondo, Orange County Department of Mental Health.(Cardoso, Anthony) (Entered: 08/29/2016)

Aug. 29, 2016

Aug. 29, 2016

PACER

NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Analisa Torres is no longer assigned to the case. (wb)

Aug. 31, 2016

Aug. 31, 2016

PACER

Magistrate Judge Lisa M. Smith is so redesignated. (wb)

Aug. 31, 2016

Aug. 31, 2016

PACER
36

LETTER addressed to Judge Nelson Stephen Roman from Daniel J. Stujenske dated September 6, 2016 re: Defendants' August 29, 2016 letter. Document filed by Michelet Charles, Carol Small. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stujenske, Daniel) (Entered: 09/06/2016)

Sept. 6, 2016

Sept. 6, 2016

PACER
37

ORDER granting 35 Letter Motion for Conference. Pre-motion Conference scheduled for Oct. 19, 2016 at 11:15am. Clerk of the Court requested to terminate the motion (doc. 35). Pre-Motion Conference set for 10/19/2016 at 11:15 AM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 10/4/2016) (mml) (Entered: 10/05/2016)

Oct. 4, 2016

Oct. 4, 2016

PACER
38

LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from J. C. O'Brien dated October 12, 2016. Document filed by Nicole Kaye.(O'Brien, John) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
39

MEMO ENDORSEMENT granting 38 LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from J. C. O'Brien dated October 12, 2016. ENDORSEMENT: Pre-motion Conference previously scheduled for Oct. 19, 2016 at 11:15 am. Opposing party to state position in writing (not to exceed 3 pages) by Oct. 18, 2016. Clerk of the Court requested to terminate the motion (doc. 38). SO ORDERED. (Pre-Motion Conference set for 10/19/2016 at 11:15 AM before Judge Nelson Stephen Roman) (Signed by Judge Nelson Stephen Roman on 10/14/2016) (lnl) (Entered: 10/17/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
40

LETTER addressed to Judge Nelson Stephen Roman from Daniel J. Stujenske dated October 18, 2016 re: Defendant Nicole Kaye's October 12, 2016 letter requesting leave to file a motion under FRCP 12(c). Document filed by Michelet Charles, Carol Small.(Stujenske, Daniel) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER

Minute Entry for proceedings held before Judge Nelson Stephen Roman: Pre-Motion Conference held on 10/19/2016. Plaintiffs and Defendants counsel present. Court Reporter is Sue Ghorayeb. Both sets of Defendants granted leave to file separate motions to dismiss with following briefing schedule: moving papers to be served November 21, 2016; opposition to be served January 6, 2017; and reply to be served January 30, 2017. The parties are directed to file all motion documents on the reply date, January 30, 2017, and to provide 2 copies of all documents to chambers as the documents are served. ( Motions due by 1/30/2017.). (Court Reporter Sue Ghorayeb) (gs)

Oct. 19, 2016

Oct. 19, 2016

PACER
41

FIRST LETTER addressed to Judge Nelson Stephen Roman from Laura F. Redman dated 11/4/2016 re: Response to Defendants' November 1, 2016 Letter Seeking a Stay of Discovery. Document filed by Michelet Charles, Carol Small.(Redman, Laura) (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

PACER
42

NOTICE OF CHANGE OF ADDRESS by Reena Arora on behalf of Michelet Charles, Carol Small. New Address: New York Lawyers for the Public Interest, 151 W. 30th St, 11th Floor, New York, NY, United States 10001, 2122444664. (Arora, Reena) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER
43

ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Anthony F. Cardoso, dated 11/1/2016, re: Counsel for defendants County of Orange, County of Orange Sheriff's Department, Orange County Department of Mental Health, and Carmen Elizondo writes to request that the Court stay discovery in this matter until resolution of defendants' pending motions to dismiss. ENDORSEMENT: Discovery is stayed to the extent of taking depositions until such time as the motion to dismiss is resolved. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 12/6/2016) (lnl) (Entered: 12/07/2016)

Dec. 6, 2016

Dec. 6, 2016

PACER
44

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Reena Arora to Withdraw as Attorney . Document filed by Michelet Charles, Carol Small. (Attachments: # 1 Affidavit ISO Motion)(Arora, Reena) Modified on 1/18/2017 (db). (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

PACER
45

MEMO ENDORSED ORDER granting 44 Motion to Withdraw as Attorney. ENDORSEMENT: Motion to Withdraw granted. Clerk of the Court requested to terminate the motion (doc. 44). Attorney Reena Arora terminated. (Signed by Judge Nelson Stephen Roman on 1/4/2017) (mml) (Entered: 01/05/2017)

Jan. 4, 2017

Jan. 4, 2017

PACER
46

MOTION to Dismiss . Document filed by County of Orange Sheriff's Department, County of Orange, New York, Carmen Elizondo, Orange County Department of Mental Health.(Cardoso, Anthony) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
47

DECLARATION in Support re: 46 MOTION to Dismiss .. Document filed by County of Orange Sheriff's Department, County of Orange, New York, Carmen Elizondo, Orange County Department of Mental Health. (Cardoso, Anthony) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
48

MEMORANDUM OF LAW in Support re: 46 MOTION to Dismiss . . Document filed by County of Orange Sheriff's Department, County of Orange, New York, Carmen Elizondo, Orange County Department of Mental Health. (Cardoso, Anthony) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
49

CERTIFICATE OF SERVICE. Service was made by MAIL. Document filed by County of Orange Sheriff's Department, County of Orange, New York, Carmen Elizondo, Orange County Department of Mental Health. (Cardoso, Anthony) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
50

MOTION to Dismiss . Document filed by Nicole Kaye.(O'Brien, John) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
51

MEMORANDUM OF LAW in Support re: 50 MOTION to Dismiss . . Document filed by Nicole Kaye. (O'Brien, John) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
52

DECLARATION of J. C. O'Brien in Support re: 50 MOTION to Dismiss .. Document filed by Nicole Kaye. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Affidavit Certicate of Service)(O'Brien, John) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
53

CERTIFICATE OF SERVICE of Notice of Motion, Attorney Declaration & Memorandum of Law served on all Parties on November 21, 2016. Service was made by Overnight Mail. Document filed by Nicole Kaye. (O'Brien, John) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
54

REPLY MEMORANDUM OF LAW in Support re: 46 MOTION to Dismiss . . Document filed by County of Orange Sheriff's Department, County of Orange, New York, Carmen Elizondo, Orange County Department of Mental Health. (Cardoso, Anthony) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
55

CERTIFICATE OF SERVICE. Service was made by Mail. Document filed by County of Orange Sheriff's Department, County of Orange, New York, Carmen Elizondo, Orange County Department of Mental Health. (Cardoso, Anthony) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
56

REPLY AFFIRMATION of Anthony F. Cardoso in Support re: 46 MOTION to Dismiss .. Document filed by County of Orange Sheriff's Department, County of Orange, New York, Carmen Elizondo, Orange County Department of Mental Health. (Cardoso, Anthony) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
57

MEMORANDUM OF LAW in Opposition re: 46 MOTION to Dismiss . . Document filed by Michelet Charles, Carol Small. (Stujenske, Daniel) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
58

DECLARATION of Daniel J. Stujenske, Esq. in Opposition re: 46 MOTION to Dismiss .. Document filed by Michelet Charles, Carol Small. (Attachments: # 1 Exhibit A)(Stujenske, Daniel) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
59

MEMORANDUM OF LAW in Opposition re: 50 MOTION to Dismiss . . Document filed by Michelet Charles, Carol Small. (Stujenske, Daniel) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
60

DECLARATION of Daniel J. Stujenske, Esq. in Opposition re: 50 MOTION to Dismiss .. Document filed by Michelet Charles, Carol Small. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stujenske, Daniel) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
61

CERTIFICATE OF SERVICE of 57 58 59 60 served on Carmen Elizondo, Nicole Kaye, Orange County Department of Mental Health, County of Orange Sheriff's Department, County of Orange (New York) on January 6, 2017. Service was made by Mail. Document filed by Michelet Charles, Carol Small. (Stujenske, Daniel) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
62

LETTER MOTION for Oral Argument on Defendants' Motion to Dismiss addressed to Judge Nelson Stephen Roman from Daniel J. Stujenske dated January 30, 2017. Document filed by Michelet Charles, Carol Small.(Stujenske, Daniel) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
63

REPLY MEMORANDUM OF LAW in Support re: 50 MOTION to Dismiss . by Defendant Nicole Kaye. Document filed by Nicole Kaye. (O'Brien, John) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
64

MEMO ENDORSED ORDER denying 62 Letter Motion for Oral Argument. ENDORSEMENT: Oral argument is discretionary and the Court will schedule same if it believes oral argument is warranted. The Clerk of the Court is requested to terminate the motion (doc. 62). (Signed by Judge Nelson Stephen Roman on 1/31/2017) (mml) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
65

ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Anthony F. Cardoso dated 3/29/2017 re: We write to request a conference to resolve a dispute between the parties on disclosure of medical record authorizations and the terms of a proposed confidentiality agreement. ENDORSEMENT: In person discovery dispute conference scheduled for April 7, 2017 at 2:00 pm. Plaintiff's written response is due April 4, 2017., ( Responses due by 4/4/2017, Discovery Dispute Conference set for 4/7/2017 at 02:00 PM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 3/30/2017) (rj) Modified on 4/4/2017 (rj). (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
66

NOTICE OF APPEARANCE by Esinam Mawuena Daisy Agbemenu on behalf of Michelet Charles, Carol Small. (Agbemenu, Esinam) (Entered: 04/03/2017)

April 3, 2017

April 3, 2017

PACER

Minute Entry for proceedings held before Judge Nelson Stephen Roman: Discovery Hearing held on 4/7/2017. Plaintiffs and Defendants counsel present. Court Reporter is Mary Staten. Dispute as to language in confidentiality agreement resolved. (Court Reporter Mary Staten) (gs)

April 7, 2017

April 7, 2017

PACER
67

STIPULATION AND PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Nelson Stephen Roman on 4/18/2017) (mml) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
68

OPINION AND ORDER re: 50 MOTION to Dismiss . filed by Nicole Kaye, 46 MOTION to Dismiss . filed by Orange County Department of Mental Health, County of Orange Sheriff's Department, Carmen Elizondo, County of Orange, New York. For the foregoing reasons, the motion to dismiss is granted, and Plaintiffs' due process claims are dismissed. The Clerk of Court is directed to terminate all pending motions and to close this case. (Signed by Judge Nelson Stephen Roman on 9/29/2017) (rj) (Entered: 10/02/2017)

Sept. 29, 2017

Sept. 29, 2017

RECAP

Transmission to Judgments and Orders Clerk. Transmitted re: 68 Memorandum & Opinion, to the Judgments and Orders Clerk. (rj)

Sept. 29, 2017

Sept. 29, 2017

PACER
69

CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated September 29, 2017, the motion to dismiss is granted, and Plaintiffs' due process claims are dismissed; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/29/2017) (Attachments: # 1 Right to Appeal, # 2 Right to Appeal)(km) (Entered: 10/02/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
70

NOTICE OF APPEAL from 68 Memorandum & Opinion,, 69 Clerk's Judgment,. Document filed by Michelet Charles, Carol Small. Filing fee $ 505.00, receipt number 0208-14302402. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Stujenske, Daniel) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 70 Notice of Appeal. (tp)

Oct. 30, 2017

Oct. 30, 2017

PACER

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 70 Notice of Appeal, filed by Carol Small, Michelet Charles were transmitted to the U.S. Court of Appeals. (tp)

Oct. 30, 2017

Oct. 30, 2017

PACER
71

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Katherine Rosenfeld to Withdraw as Attorney . Document filed by Michelet Charles, Carol Small.(Rosenfeld, Katherine) Modified on 3/27/2018 (ldi). (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
72

MEMO ENDORSEMENT granting 71 Motion to Withdraw as Attorney. ENDORSEMENT: The application is granted. Clerk of the Court requested to terminate the motion (doc. 71). (Attorney Katherine R. Rosenfeld terminated.) (Signed by Judge Nelson Stephen Roman on 1/30/2018) (ras) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
73

TRUE COPY ORDER of USCA as to 70 Notice of Appeal, filed by Carol Small, Michelet Charles USCA Case Number 17-3506. USCA Case Number 17-3506. For the foregoing reasons, we VACATE the district courts opinion and REMAND for proceedings consistent with this opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 5/24/2019. (tp) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER

Transmission of USCA Mandate/Order to District Judge

May 24, 2019

May 24, 2019

PACER

Transmission of USCA Mandate/Order to the District Judge re: 73 USCA Order. (tp)

May 24, 2019

May 24, 2019

PACER
74

ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Anthony F. Cardoso dated 5/28/2019 re: Request for pre-motion conference in anticipation of moving to dismiss the complaint pursuant to Rule 12(c). ENDORSEMENT: Plaintiffs directed to state position in writing (not to exceed 3 pages) by June 4, 2019. The parties are directed to confer, complete and bring to the conference a Scheduling Order (blank form attached). Pre-Motion Conference scheduled for June 20, 2019 at 10:00 am. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 5/29/2019) (rj) (Entered: 05/30/2019)

May 29, 2019

May 29, 2019

PACER

Set/Reset Hearings: Pre-Motion Conference set for 6/20/2019 at 10:00 AM before Judge Nelson Stephen Roman. (rj)

May 29, 2019

May 29, 2019

PACER
75

MANDATE of USCA (Certified Copy) as to 70 Notice of Appeal, filed by Carol Small, Michelet Charles. USCA Case Number 17-3506.IT IS HEREBY ORDERED, ADJUDGED and DECREED that the district court's opinion is VACATED and the case is REMANDED for further proceedings consistent with this Court's Opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/14/2019. (Attachments: # 1 Opinion)(nd) (Entered: 06/14/2019)

June 14, 2019

June 14, 2019

PACER

Transmission of USCA Mandate/Order to District Judge

June 14, 2019

June 14, 2019

PACER

Transmission of USCA Mandate to the District Judge re: 75 USCA Mandate,. (nd)

June 14, 2019

June 14, 2019

PACER
76

ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Defendants dated 6/14/2019 re: Request the Court to refer this matter to Magistrate Judge McCarthy for settlement conference and adjourn the June 20, 2019 pre-motion conference. ENDORSEMENT: This matter is referred to Judge McCarthy for Settlement conference on July 17, 2019. The June 20, 2019 Pre-motion Conference is adjourned until July 24, 2019 at 10:00 a.m., at which time Parties are directed to appear before this Court. SO ORDERED., (Pre-Motion Conference set for 7/24/2019 at 10:00 AM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 6/19/2019) (kv) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
83

ORDER granting 82 Letter Motion for Extension of Time. The parties are directed to contact the Court by August 14, 2019 if they would like a further settlement conference. (HEREBY ORDERED by Magistrate Judge Judith C. McCarthy)(Text Only Order) (McCarthy, Judith) (Entered: 08/13/2019)

Aug. 13, 2019

Aug. 13, 2019

77

Order Referring Case to Magistrate Judge

June 20, 2019

June 20, 2019

PACER
78

Scheduling Order

June 24, 2019

June 24, 2019

PACER
79

Endorsed Letter

July 1, 2019

July 1, 2019

PACER
80

Costs Taxed

Aug. 12, 2019

Aug. 12, 2019

PACER
81

Notice of Appearance

Aug. 12, 2019

Aug. 12, 2019

PACER

Case Details

State / Territory: New York

Case Type(s):

Mental Health (Facility)

Key Dates

Filing Date: July 12, 2016

Closing Date: Nov. 18, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two individuals with mental illnesses who were confined in civil immigration detention and released without discharge plans.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Orange County, New York (Orange), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 900000

Issues

General:

Discharge & termination plans

Government Services

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Schizophrenia

Medical/Mental Health:

Medicare eligibility determination

Medication, administration of

Mental health care, general

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - conditions

Detention - procedures