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Case: U.S. v. City of New York (Kings County Hospital)

1:10-cv-00060 | U.S. District Court for the Eastern District of New York

Filed Date: Jan. 7, 2010

Closed Date: Jan. 17, 2017

Clearinghouse coding complete

Case Summary

According to the press release issued by the Justice Department regarding this case, the facts were as follows: On December 7, 2007, the Civil Rights Division of the Department of Justice (DOJ) began an investigation into the care and treatment of mental health patients at Kings County Hospital Center (KCHC)'s Behavioral Health Service (BHS). "The investigation uncovered systemic deficiencies that violated the constitutional and civil rights of patients with psychiatric disabilities. These viol…

According to the press release issued by the Justice Department regarding this case, the facts were as follows: On December 7, 2007, the Civil Rights Division of the Department of Justice (DOJ) began an investigation into the care and treatment of mental health patients at Kings County Hospital Center (KCHC)'s Behavioral Health Service (BHS). "The investigation uncovered systemic deficiencies that violated the constitutional and civil rights of patients with psychiatric disabilities. These violations included failure to protect patients from harm, failure to treat the psychiatric disabilities of patients, the use of drugs to sedate rather than treat patients, failure to provide adequate and individualized discharge planning and follow-up services, falsification of patient medical records, and failure to respond promptly to medical emergencies." These violations and others contributed to the death of at least one patient during the course of the investigation. The DOJ notified the defendants of their findings in a letter on January 30, 2009.

The parties spent a year negotiating an agreement, with the understanding that that DOJ would file a lawsuit. The suit and the settlement were then filed together. The purpose of this was to memorialize the suit and allow the court to enforce the settlement. On January 7, 2010, the U.S. filed a lawsuit in the Eastern District of New York. The plaintiff sued the City of New York, the New York City Health and Hospitals Corporation, and the Kings County Hospital Center in Brooklyn, New York under the Civil Rights of Institutionalized Persons Act and the Violent Crime and Law Enforcement Act. The plaintiff sought injunctive and declaratory relief to improve conditions at KCHC and remedy the conduct alleged in the findings letter. The court assigned District Judge Kiyo A. Matsumoto to the case.

On January 8, 2010, the court issued a consent judgment. The judgment stated that in entering into the agreement, the defendants did not admit any violation of federal law, and that the agreement was not to be used as evidence of their liability in other legal proceedings.

The agreement set out minimum remedial measures for the defendants to implement, including provisions for protection from harm, mental health care, behavioral management, medical and nursing care, quality assurance, fire and life safety, discharge and aftercare planning, KCHC hospital policies, and staff training and policy manuals and accountability. The agreement stated that the defendants would implement the necessary reforms immediately. It stipulated that the defendants appoint a Settlement Agreement Coordinator at KCHC to oversee compliance with the agreement, who would provide the DOJ with reports regarding compliance. Within 45 days of the consent judgment, the defendants would provide a plan for implementation. The agreement set out a termination date five years out, so long as the United States certified that the defendants had complied with all the provisions of the agreement for a year prior to termination.

On February 23, 2010, the defendants alerted the Court that they had created a plan. The defendants filed an amended plan on December 16, 2010. The plaintiff sent expert compliance teams to evaluate KCHC's progress. These reports were filed twice a year for the first three years. The letter of December 23, 2013 noted some areas for improvement in most of the areas covered in the agreement. After the December 23 visit, the court ordered the defendant to provide a plan to comply with correcting the noted deficiencies. A similar letter was sent in July of 2014, and the court sent another order to the defendant requesting a plan to comply. The biannual visits resumed from 2014 to 2016. On January 10, 2017, the expert compliance team filed a report stating that the defendant had maintained compliance for one year, and requested that the case be closed. Judge Matsumoto closed the case on January 17, 2017.

Summary Authors

Rachel Carpman (9/28/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7424812/parties/united-states-v-the-city-of-new-york/


Judge(s)

Matsumoto, Kiyo A. (New York)

Attorneys(s) for Plaintiff

Bagenstos, Samuel R. (District of Columbia)

Campbell, Benton J (New York)

Capers, Robert L. (New York)

Deutsch, David (District of Columbia)

Goldberger, Michael J. (New York)

Gregg, Tammie (District of Columbia)

Haroules, Beth (New York)

Holder, Eric H. Jr. (District of Columbia)

King, Loretta (District of Columbia)

Judge(s)

Matsumoto, Kiyo A. (New York)

Attorneys(s) for Plaintiff

Bagenstos, Samuel R. (District of Columbia)

Campbell, Benton J (New York)

Capers, Robert L. (New York)

Deutsch, David (District of Columbia)

Goldberger, Michael J. (New York)

Gregg, Tammie (District of Columbia)

Haroules, Beth (New York)

Holder, Eric H. Jr. (District of Columbia)

King, Loretta (District of Columbia)

Lynch, Loretta (New York)

Perez, Thomas E. (District of Columbia)

Trainor, Cathleen (District of Columbia)

Welp, Laura M. (District of Columbia)

Attorneys(s) for Defendant

Calhoun, Martha Anne (New York)

Cardozo, Michael A. (New York)

Toews, Mark Galen (New York)

Documents in the Clearinghouse

Document

1:10-cv-00060

Docket

United States of America v. The City of New York

Jan. 17, 2017

Jan. 17, 2017

Docket

1:10-cv-00060

Re: Investigation of Kings County Hospital Center

U.S. v. New York

June 18, 2008

June 18, 2008

Correspondence

1:10-cv-00060

Re: Investigation of Kings County Hospital Center

U.S. v. New York

Aug. 22, 2008

Aug. 22, 2008

Correspondence

1:10-cv-00060

Re: DOJ Investigation of Kings County Hospital Center

U.S. v. New York

Nov. 7, 2008

Nov. 7, 2008

Correspondence

1:10-cv-00060

Re: CRIPA Investigation of Kings County Hospital Center

U.S. v. New York

No Court

Jan. 15, 2009

Jan. 15, 2009

Findings Letter/Report
1

1:10-cv-00060

Complaint

U.S. v. New York

Jan. 7, 2010

Jan. 7, 2010

Complaint
3

1:10-cv-00060

Consent Judgment

U.S. v. New York

Jan. 7, 2010

Jan. 7, 2010

Settlement Agreement
14

1:10-cv-00060

Re: United States of America v. City of New York (Kings County Hospital Center)

United States of America v. The City of New York

Dec. 23, 2013

Dec. 23, 2013

Correspondence
22

1:10-cv-00060

Re: United States of America v. City of New York (Kings County Hospital Center)

U.S. v. City of New York

Jan. 10, 2017

Jan. 10, 2017

Correspondence

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7424812/united-states-v-the-city-of-new-york/

Last updated Sept. 7, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Alan D. Aviles, Antonio Martin, Joseph P. Merlino, The City of New York, The Kings County Hospital Center, The New York City Health and Hospitals Corporation, filed by United States of America. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet) (Davis, Kimberly) (Entered: 01/08/2010)

2 Exhibit

View on PACER

3 Civil Cover Sheet

View on PACER

Jan. 7, 2010

Jan. 7, 2010

PACER
2

Notice of Related Case (Davis, Kimberly) (Entered: 01/08/2010)

Jan. 7, 2010

Jan. 7, 2010

PACER

Summons Issued as to Alan D. Aviles, Antonio Martin, Joseph P. Merlino, The City of New York, The Kings County Hospital Center, The New York City Health and Hospitals Corporation. (Davis, Kimberly)

Jan. 7, 2010

Jan. 7, 2010

PACER
3

CONSENT JUDGMENT. Ordered by Judge Kiyo A. Matsumoto on 1/7/2010. (Brucella, Michelle) (Entered: 01/08/2010)

Jan. 8, 2010

Jan. 8, 2010

PACER
4

Letter advising the Court that the POCA has been tendered by Alan D. Aviles, Antonio Martin, Joseph P. Merlino, The City of New York, The Kings County Hospital Center, The New York City Health and Hospitals Corporation (Calhoun, Martha) (Entered: 02/23/2010)

Feb. 23, 2010

Feb. 23, 2010

PACER

Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Telephonic Status Conference held on 2/24/2010. Plaintiff appeared by Beth Haroules, Esq., Dennis Feld, Esq., and David Flugman, Esq. Defendants appeared by Martha Calhoun, Esq., Emily Sweet, Esq., and Deirdre Newton, Esq. The United States appeared by Michael Goldberger, Esq., David Deutsch, Esq., and Cathleen Trainor, Esq. The parties reported on a recent alleged serious incident at the Kings County Hospital Center's psychiatric facility. The court ordered as follows: (i) By 2/26/10, defendants shall notify the court via ECF as to what, if any, provisions are currently in place with respect to screening employees who are hired to work in the KCHC psychiatric facility. (ii) If no provisions are currently in place or the current provisions are deemed inadequate by the parties, the parties shall file a report via ECF by 3/26/10 notifying the court as to what protocols and procedures the parties have agreed to implement in this regard and how they intend to monitor that implementation. (Tape #4:07 - 4:19.)(Ginns, Laura) (Entered: 02/24/2010)

Feb. 24, 2010

Feb. 24, 2010

PACER

ORDER: Defendants are ordered to comply with the court's minute entry dated 2/24/10 which directed defendants to notify the court by 2/26/10 as to what, if any, provisions are currently in place with respect to screening employees who are hired to work in the KCHC psychiatric facility. Defendants shall file such report as soon as possible and by no later than 3/4/10. Ordered by Judge Kiyo A. Matsumoto on 3/3/2010. (Ginns, Laura)

March 3, 2010

March 3, 2010

PACER

ORDER: In accordance with the court's 1/7/10 minute entry, the parties shall provide a status report updating the court regarding the completion of the review and comment period with respect to the POCA by 7/16/10. Ordered by Judge Kiyo A. Matsumoto on 7/8/2010. (Williams-Jackson, Sandra)

July 8, 2010

July 8, 2010

PACER

Case Consolidated., Cases associated: Create association to 1:07-cv-01819-KAM., per chambers approval on 12/14/2010 Associated Cases: 1:10-cv-00060-KAM -RML, 1:07-cv-01819-KAM (Brown, Marc)

Dec. 14, 2010

Dec. 14, 2010

PACER
5

Letter enclosing corrected plan of corrective action by Alan D. Aviles, Antonio Martin, Joseph P. Merlino, The City of New York, The Kings County Hospital Center, The New York City Health and Hospitals Corporation (Sweet, Emily) (Entered: 12/16/2010)

Dec. 16, 2010

Dec. 16, 2010

PACER
6

Letter regarding the subject matter experts' report of compliance with Consent Judgment by United States of America Associated Cases: 1:10-cv-00060-KAM -RML, 1:07-cv-01819-KAM (Goldberger, Michael) (Entered: 01/28/2011)

Jan. 28, 2011

Jan. 28, 2011

PACER
7

Letter Submitting Revised Letter Summarizing Experts' Report re Compliance with Consent Judgment by United States of America (Attachments: # 1 Revised Letter Summarizing Experts' Reports re Compliance with Consent Judgment) Associated Cases: 1:10-cv-00060-KAM -RML, 1:07-cv-01819-KAM (Goldberger, Michael) (Entered: 01/31/2011)

2 Revised Letter Summarizing Experts' Reports re Compliance with Consent Jud

View on PACER

Jan. 31, 2011

Jan. 31, 2011

PACER
8

Letter summarizing the report of the expert compliance assessment team for April and May 2011 by United States of America (Goldberger, Michael) (Entered: 08/19/2011)

Aug. 19, 2011

Aug. 19, 2011

PACER
9

Letter Summarizing the Report of Expert Compliance Assessment Team by United States of America (Florio, Kelly) (Entered: 04/27/2012)

April 27, 2012

April 27, 2012

PACER
10

NOTICE of Appearance by Mark Galen Toews on behalf of All Defendants (aty to be noticed) (Toews, Mark) (Entered: 06/14/2012)

June 14, 2012

June 14, 2012

PACER
11

Letter to the Court forwarding the experts' compliance report by United States of America (Goldberger, Michael) (Entered: 11/27/2012)

Nov. 27, 2012

Nov. 27, 2012

PACER
12

Letter to the Court summarizing the sixth report of the expert compliance assessment team by United States of America (Goldberger, Michael) (Entered: 06/03/2013)

June 3, 2013

June 3, 2013

PACER
13

NOTICE of Appearance by Beth Haroules on behalf of Sidney Hirschfeld (aty to be noticed) (Haroules, Beth) (Entered: 06/20/2013)

June 20, 2013

June 20, 2013

PACER
14

Letter summarizing seventh expert compliance tour by United States of America (Goldberger, Michael) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER

ORDER: On or before January 10, 2014, the defendant is ordered to provide the court with dates by which it will address and remedy each of the findings set forth in the government's 12/23/13 letter, which notes deficiencies and areas of needed improvement. Ordered by Judge Kiyo A. Matsumoto on 12/27/2013. (Matsumoto, Kiyo)

Dec. 27, 2013

Dec. 27, 2013

PACER
15

Letter responding to the Court's order requesting information regarding defendants compliance with consent judgment by Alan D. Aviles, Antonio Martin, Joseph P. Merlino, The City of New York, The Kings County Hospital Center, The New York City Health and Hospitals Corporation (Calhoun, Martha) (Entered: 01/10/2014)

Jan. 10, 2014

Jan. 10, 2014

PACER
16

Letter to the Court summarizing Tour 8 expert compliance tour by United States of America (Goldberger, Michael) (Entered: 07/08/2014)

July 8, 2014

July 8, 2014

PACER

ORDER: On or before August 18, 2014, defendants are ordered to provide the court with dates by which they will address and remedy each of the findings set forth in the government's 7/8/13 letter ( 16 ), which notes deficiencies and areas of needed improvement. Ordered by Judge Kiyo A. Matsumoto on 7/28/2014. (Alagesan, Deepa)

July 28, 2014

July 28, 2014

PACER
17

Letter by Alan D. Aviles, Antonio Martin, Joseph P. Merlino, The City of New York, The Kings County Hospital Center, The New York City Health and Hospitals Corporation (Toews, Mark) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
18

Letter Summarizing the Compliance Review of the Hospital Police at KCHC by United States of America (Attachments: # 1 Compliance Report) (Goldberger, Michael) (Entered: 09/24/2014)

1 Compliance Report

View on PACER

Sept. 24, 2014

Sept. 24, 2014

PACER
19

STATUS REPORT - Expert Compliance Assessment by United States of America (Goldberger, Michael) (Entered: 02/10/2015)

Feb. 10, 2015

Feb. 10, 2015

PACER
20

Letter Summarizing the Report of the Expert Compliance Assessment Team- Tour Ten by United States of America (Goldberger, Michael) (Entered: 12/07/2015)

Dec. 7, 2015

Dec. 7, 2015

PACER
21

Letter summarizing the 11th report of the expert compliance assessment team by United States of America (Goldberger, Michael) (Entered: 06/01/2016)

June 1, 2016

June 1, 2016

PACER
22

Letter Summarizing the Report of the Subject Matter Experts and Informing the Court that Defendant has Maintained Substantial Compliance with the Requirements of the Consent Judgment for One Year and Requesting that this Case be Closed by United States of America (Goldberger, Michael) (Entered: 01/10/2017)

Jan. 10, 2017

Jan. 10, 2017

PACER

ORDER ORDER re 22 1/10/17 Letter, filed by United States of America summarizing the report of the expert compliance assessment team at Kings County Hospital Center's Behavioral Health Service and requesting that the case be closed based on improvements pursuant to the Consent Judgment of 1/7/10. The court appreciates the parties' status report and efforts to ameliorate the conditions at the above facility and orders that this case be closed. Ordered by Judge Kiyo A. Matsumoto on 1/17/2017. (Matsumoto, Kiyo)

Jan. 17, 2017

Jan. 17, 2017

PACER

Case Details

State / Territory: New York

Case Type(s):

Mental Health (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 7, 2010

Closing Date: Jan. 17, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The City of New York, City

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Violent Crime and Law Enforcement Act, 34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2010 - 2017

Content of Injunction:

Implement complaint/dispute resolution process

Reporting

Monitor/Master

Recordkeeping

Monitoring

Goals (e.g., for hiring, admissions)

Required disclosure

Training

Issues

General:

Assault/abuse by residents/inmates/students

Bathing and hygiene

Conditions of confinement

Counseling

Discharge & termination plans

Failure to supervise

Failure to train

Food service / nutrition / hydration

Individualized planning

Informed consent/involuntary medication

Neglect by staff

Reassessment and care planning

Record-keeping

Sanitation / living conditions

Sexual abuse by residents/inmates

Staff (number, training, qualifications, wages)

Disability:

Mental impairment

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Medical care, general

Medication, administration of

Mental health care, general

Mental health care, unspecified

Self-injurious behaviors

Type of Facility:

Government-run