Case: Wilkes v. Lamont

3:20-cv-00594 | U.S. District Court for the District of Connecticut

Filed Date: April 30, 2020

Closed Date: Jan. 14, 2021

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This class-action injunctive and habeas case against the State of Connecticut sought release and improved conditions at two inpatient psychiatric facilities. The plaintiffs sought a preliminary injunction for improved conditions on June 8, 2020, and the defendants moved to dismiss the case on June 11. The plaintiffs withdrew their motion for preliminary injunction on July 16. After the Court dismissed the habeas portion of the lawsuit in January 2021, the parties agreed to w…

COVID-19 Summary: This class-action injunctive and habeas case against the State of Connecticut sought release and improved conditions at two inpatient psychiatric facilities. The plaintiffs sought a preliminary injunction for improved conditions on June 8, 2020, and the defendants moved to dismiss the case on June 11. The plaintiffs withdrew their motion for preliminary injunction on July 16. After the Court dismissed the habeas portion of the lawsuit in January 2021, the parties agreed to withdraw the action.


On April 30, 2020, five individuals hospitalized at the Connecticut Valley Hospital (CVH) and the Whiting Forensic Hospital (WFH) filed this class-action lawsuit in the U.S. District Court for the District of Connecticut against the State of Connecticut, seeking improved conditions and release because of the threat posed by the COVID pandemic. Represented by the Connecticut Legal Rights Project, the plaintiffs brought this lawsuit as a habeas petition under 28 U.S.C. § 2241, and as an injunctive and declaratory action under 42 U.S.C. § 1983. They asserted claims on behalf of all patients admitted or to be admitted by the CVH and WFH during the COVID-19 pandemic. Specifically, plaintiffs alleged failure to timely isolate patients and staff, which resulted in or substantially contributed to infections and outbreaks; they complaint alleged that conditions violated their rights under the Due Process Clause and the Americans with Disabilities Act (ADA). The plaintiffs sought immediate temporary and conditional release of all patients who could be safely discharged. The plaintiffs also requested implementation of COVID-19 testing and social distancing measures, and appointment of an independent court monitor to enforce court orders. The case was assigned to Judge Janet C. Hall.

On May 7, the complaint was amended, dismissing several defendants.

The plaintiffs filed a motion for a preliminary injunction on June 8. They sought COVID-19 testing protocols in line with CDC standards, improved hygiene and protective equipment, maximum social distancing possible, and clinical review that would allow accelerated discharges. The defendants moved to dismiss the case on June 11, claiming that the plaintiffs failed to exhaust state court remedies.

The defendants opposed the preliminary injunction on July 9, pointing to the low number of positive cases and deaths at the facilities. According to the defendants, as of July 9, the date that a patient at CVH last tested positive for COVID-19 was on May 16, 2020, while the date that a patient at Whiting last tested positive was on April 21, 2020.

The plaintiffs sought continued hearing on the motion for preliminary injunction and a discovery period of 60 days on July 15. A hearing was held on July 16 and the plaintiffs withdrew their motion for preliminary injunction the same day.

On August 19, 2020, the case was referred to Judge Robert A. Richardson for pretrial case management. Discovery was ongoing through January 2021.

On December 18, 2020, the court granted in part and denied in part defendant's motion to dismiss. The motion to dismiss was denied in part as to the defendants' arguments concerning primary jurisdiction doctrine. The court agreed to continue to hear this case rather than referring it to state court. The motion was granted in part as to the defendants' arguments concerning habeas corpus, and the portion of the Amended Complaint petitioning for a writ of habeas corpus was dismissed.

On January 14, 2021, the court granted a stipulation of all parties to dismiss all claims without prejudice.

Summary Authors

Averyn Lee (9/21/2020)

Tessa McEvoy (5/20/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17116812/parties/wilkes-v-lamont/


Attorneys(s) for Plaintiff

Burnim, Ira Abraham (District of Columbia)

Hall, Karyl Lee (Connecticut)

Lowry, Kirk W. (Connecticut)

Mathis, Jennifer (District of Columbia)

Murphy, Mark J. (Massachusetts)

Rutchick, Shawn L. (Connecticut)

Schwartz, Steven J. (Massachusetts)

Teixeira, Virginia Martins (Connecticut)

Attorneys(s) for Defendant

Melendez, Emily V. (Connecticut)

Salton, Henry A. (Connecticut)

Attorneys(s) for Plaintiff

Burnim, Ira Abraham (District of Columbia)

Hall, Karyl Lee (Connecticut)

Lowry, Kirk W. (Connecticut)

Mathis, Jennifer (District of Columbia)

Murphy, Mark J. (Massachusetts)

Rutchick, Shawn L. (Connecticut)

Schwartz, Steven J. (Massachusetts)

Teixeira, Virginia Martins (Connecticut)

Attorneys(s) for Defendant

Melendez, Emily V. (Connecticut)

Salton, Henry A. (Connecticut)

Thurston, Laura D. (Connecticut)

Tong, William (Connecticut)

Urban, Ralph E. (Connecticut)

Expert/Monitor/Master

Boutin, Michael (Connecticut)

Carvalho, Vinneth (Connecticut)

Crego, Jose (Connecticut)

Denier, Timothy (Connecticut)

Dileo, Paul (Connecticut)

Geller, Jeffrey (Massachusetts)

Lizotte, Michele (Connecticut)

Martinello, Richard (Connecticut)

Mason, Mary C (Connecticut)

Navarretta, Nancy (Connecticut)

Smith, Hal (Connecticut)

Tillman, Elizabeth (Connecticut)

Wasser, Tobias (Connecticut)

Documents in the Clearinghouse

Document

3:20-cv-00594

Docket [PACER]

Jan. 14, 2021

Jan. 14, 2021

Docket
1

3:20-cv-00594

Class Action of Complaint and Petition for Writ of Habeas Corpus

April 30, 2020

April 30, 2020

Complaint
24, 25 (& 25-1 to 25-19)

3:20-cv-00594

Plaintiffs' Motion for Preliminary Injunction

June 8, 2020

June 8, 2020

Pleading / Motion / Brief
32, 33 (& 33-1 to 33-3)

3:20-cv-00594

Motion to Dismiss

June 11, 2020

June 11, 2020

Pleading / Motion / Brief
47, 47-1 & 47-2

3:20-cv-00594

Memorandum of Law in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss

July 2, 2020

July 2, 2020

Pleading / Motion / Brief
49 & 49-1 to 49-17

3:20-cv-00594

Objection to Motion for Preliminary Injunction (with Exhibit List and Exhibit A to Exhibit P)

July 9, 2020

July 9, 2020

Pleading / Motion / Brief
49-18 to 49-29

3:20-cv-00594

[Objection to Motion for Preliminary Injunction Exhibits Q to BB]

July 9, 2020

July 9, 2020

Pleading / Motion / Brief
92

3:20-cv-00594

Ruling on Motion to Dismiss (Doc. No. 32)

Dec. 18, 2020

Dec. 18, 2020

Order/Opinion
103

3:20-cv-00594

Joint Stipulation of All Parties

Jan. 13, 2021

Jan. 13, 2021

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17116812/wilkes-v-lamont/

Last updated Aug. 27, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $400 receipt number ACTDC-5832340.), filed by Vincent Ardizzone, Barbara Flood, Gail Litsky, Thomas Wilkes, Carson Mueller.(Lowry, Kirk) Modified on 4/30/2020 to correct filed by/against parties (Hushin, Z.). (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

RECAP

Add and Terminate Judges

April 30, 2020

April 30, 2020

PACER

Judge Janet C. Hall added. (Oliver, T.)

April 30, 2020

April 30, 2020

PACER
2

Order on Pretrial Deadlines: Amended Pleadings due by 6/29/2020. Discovery due by 10/30/2020. Dispositive Motions due by 12/4/2020. Signed by Clerk on 4/30/2020. (Reis, Julia) (Entered: 05/01/2020)

April 30, 2020

April 30, 2020

PACER
3

ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Janet C. Hall on 4/30/2020. (Reis, Julia) (Entered: 05/01/2020)

April 30, 2020

April 30, 2020

PACER
4

STANDING PROTECTIVE ORDER Signed by Judge Janet C. Hall on 4/30/2020. (Reis, Julia) (Entered: 05/01/2020)

April 30, 2020

April 30, 2020

PACER
5

Standing Order re: Discovery Signed by Judge Janet C. Hall on 4/30/2020. (Reis, Julia) (Entered: 05/01/2020)

April 30, 2020

April 30, 2020

PACER
6

NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 1 Complaint, filed by Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes, Vincent Ardizzone, 2 Order on Pretrial Deadlines, 3 Electronic Filing Order, 4 Standing Protective Order, 5 Standing Order re: Discovery Signed by Clerk on 5/1/2020. (Reis, Julia) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER

Calendar Entry

May 4, 2020

May 4, 2020

PACER

Request to Issue Summons

May 4, 2020

May 4, 2020

PACER

Request for Clerk to issue summons as to Ned Lamont. (Lowry, Kirk)

May 4, 2020

May 4, 2020

PACER

Request for Clerk to issue summons as to Miriam E. Delphin-Rittmon. (Lowry, Kirk)

May 4, 2020

May 4, 2020

PACER

Request for Clerk to issue summons as to Hal Smith. (Lowry, Kirk)

May 4, 2020

May 4, 2020

PACER

Request for Clerk to issue summons as to Lakisha Hyatt. (Lowry, Kirk)

May 4, 2020

May 4, 2020

PACER

Request for Clerk to issue summons as to State of Connecticut. (Lowry, Kirk)

May 4, 2020

May 4, 2020

PACER

Request for Clerk to issue summons as to Department of Mental Health and Addiction Services. (Lowry, Kirk)

May 4, 2020

May 4, 2020

PACER

Request for Clerk to issue summons as to Whiting Forensic Hospital. (Lowry, Kirk)

May 4, 2020

May 4, 2020

PACER

Request for Clerk to issue summons as to Connecticut Valley Hospital. (Lowry, Kirk)

May 4, 2020

May 4, 2020

PACER
7

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephonic Status Conference set for 5/7/2020 11:30 AM in Chambers Room 107, 141 Church St., New Haven, CT before Judge Janet C. Hall. Counsel are requested to participate in this conference, via telephone. Please use the following dial-in for this call: 1-877-873-8017; Access Code: 6415663#. (DeRubeis, B.) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
8

ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *State of Connecticut, Connecticut Valley Hospital, Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Department of Mental Health and Addiction Services, Hal Smith, Whiting Forensic Hospital* with answer to complaint due within *21* days. Attorney *Kirk W. Lowry* *Connecticut Legal Rights Project, Inc.-Mdltn* *Silver St., PO Box 351* *Middletown, CT 06457*. (Reis, Julia) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
9

NOTICE of Appearance by Karyl Lee Hall on behalf of Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes (Hall, Karyl Lee) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
10

AMENDED COMPLAINT against Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Hal Smith, filed by Vincent Ardizzone, Barbara Flood, Gail Litsky, Thomas Wilkes, Carson Mueller.(Lowry, Kirk) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER

Status Conference

May 7, 2020

May 7, 2020

PACER
11

NOTICE of Appearance by Virginia Martins Teixeira on behalf of Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes (Teixeira, Virginia) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
12

Minute Entry for proceedings held before Judge Janet C. Hall: Telephonic Status Conference held on 5/7/2020. As stated on the record, the court will await plaintiffs' Motion and supporting memorandum of law, as required by Local Rule of Civil Procedure 7(a). Within one day after plaintiffs' Motion is filed, defendants shall submit a proposed briefing schedule for their response. Defendants shall confer with plaintiffs' counsel to ascertain their position on the proposed schedule. Total Time: 1 hours and 15 minutes (Court Reporter Terri Fidanza.) (DeRubeis, B.) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
13

MOTION for Attorney(s) Ira Burnim to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5848451) by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes. (Attachments: # 1 Affidavit Ira Burnim, # 2 Exhibit A)(Lowry, Kirk) (Entered: 05/08/2020)

1 Affidavit Ira Burnim

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2 Exhibit A

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May 8, 2020

May 8, 2020

PACER
14

MOTION for Attorney(s) Jennifer Mathis to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5848506) by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes. (Attachments: # 1 Affidavit and Attachment A)(Lowry, Kirk) (Entered: 05/08/2020)

1 Affidavit and Attachment A

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May 8, 2020

May 8, 2020

PACER
15

ORDER granting 13 MOTION for Attorney Ira Burnim to be Admitted Pro Hac Vice. Certificate of Good Standing due by 7/10/2020. Signed by Clerk on 5/11/2020. (Reis, Julia) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER

Order on Motion for Admission Pro Hac Vice

May 11, 2020

May 11, 2020

PACER
16

NOTICE of Appearance by Henry A. Salton on behalf of State of Connecticut, Connecticut Valley Hospital, Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Department of Mental Health and Addiction Services, Hal Smith, Whiting Forensic Hospital (Salton, Henry) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
17

NOTICE of Appearance by Ralph E. Urban on behalf of State of Connecticut, Connecticut Valley Hospital, Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Department of Mental Health and Addiction Services, Hal Smith, Whiting Forensic Hospital (Urban, Ralph) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
18

NOTICE of Appearance by Emily V. Melendez on behalf of State of Connecticut, Connecticut Valley Hospital, Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Department of Mental Health and Addiction Services, Hal Smith, Whiting Forensic Hospital (Melendez, Emily) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
19

NOTICE of Appearance by Laura D. Thurston on behalf of State of Connecticut, Connecticut Valley Hospital, Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Department of Mental Health and Addiction Services, Hal Smith, Whiting Forensic Hospital (Thurston, Laura) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
20

SUMMONS Returned Executed by Vincent Ardizzone, Barbara Flood, Gail Litsky, Thomas Wilkes, Carson Mueller. State of Connecticut served on 5/6/2020, answer due 5/27/2020; Connecticut Valley Hospital served on 5/6/2020, answer due 5/27/2020; Miriam E. Delphin-Rittmon served on 5/6/2020, answer due 5/27/2020; Lakisha Hyatt served on 5/6/2020, answer due 5/27/2020; Ned Lamont served on 5/6/2020, answer due 5/27/2020; Department of Mental Health and Addiction Services served on 5/6/2020, answer due 5/27/2020; Hal Smith served on 5/6/2020, answer due 5/27/2020; Whiting Forensic Hospital served on 5/6/2020, answer due 5/27/2020. (Lowry, Kirk) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
21

MOTION for Attorney(s) Mark J. Murphy to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5861055) by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes. (Attachments: # 1 Affidavit and Attachment A)(Lowry, Kirk) (Entered: 05/15/2020)

1 Affidavit and Attachment A

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May 15, 2020

May 15, 2020

PACER
22

First MOTION for Extension of Time until June 26, 2020 to File Answer or Response to First Amended Complaint 10 Amended Complaint by Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Hal Smith. (Melendez, Emily) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
23

ORDER granting 22 First MOTION for Extension of Time until June 26, 2020 to File Answer or Response to First Amended Complaint 10 Amended Complaint. SO ORDERED by Judge Janet C. Hall on 5/22/2020. (Lewis, D) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER

Order on Motion for Extension of Time

May 22, 2020

May 22, 2020

PACER
24

MOTION for Preliminary Injunction by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes.Responses due by 6/29/2020 (Lowry, Kirk) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
25

Memorandum in Support of 24 Motion for Preliminary Injunction by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes.Responses due by 6/29/2020 (Attachments: # 1 Exhibit Exhibit List to Memo In Support, # 2 Exhibit 1 Dr. Manian Declaration, # 3 Exhibit 2 Canavan-Jones Declaration, # 4 Affidavit 3 Mueller Affidavit, # 5 Affidavit 4 Ardizzone Affidavit, # 6 Affidavit 5 Litsky Affidavit, # 7 Affidavit 6 Clarke Affidavit, # 8 Affidavit 7 King Affidavit, # 9 Affidavit 8 Gudis Affidavit, # 10 Exhibit 9 CT DPH LTCF Guidance, # 11 Exhibit 10 CMS NH Reopening, # 12 Exhibit 11 CDC How to Protect Yourself, # 13 Exhibit 12 CDC Key Strategies to Prepare LTCFs, # 14 Exhibit 13 CDC Preparing for COVID-19 in NFs, # 15 Exhibit 14 CDC Responding to Coronavirus in NFs, # 16 Exhibit 15 CDC Testing Guidance for NHs, # 17 Exhibit 16 CDC Performing Facility-wide Testing in NHs, # 18 Exhibit 17 CDC Infection Prevention and Control - IPC, # 19 Exhibit 18 SAMHSA Care and Tx of MH in COVID-19 Epidemic)(Lowry, Kirk) Modified on 6/26/2020 to change event type (Reis, Julia). (Entered: 06/08/2020)

1 Exhibit Exhibit List to Memo In Support

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2 Exhibit 1 Dr. Manian Declaration

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3 Exhibit 2 Canavan-Jones Declaration

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4 Affidavit 3 Mueller Affidavit

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5 Affidavit 4 Ardizzone Affidavit

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6 Affidavit 5 Litsky Affidavit

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7 Affidavit 6 Clarke Affidavit

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8 Affidavit 7 King Affidavit

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9 Affidavit 8 Gudis Affidavit

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10 Exhibit 9 CT DPH LTCF Guidance

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11 Exhibit 10 CMS NH Reopening

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12 Exhibit 11 CDC How to Protect Yourself

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13 Exhibit 12 CDC Key Strategies to Prepare LTCFs

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14 Exhibit 13 CDC Preparing for COVID-19 in NFs

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15 Exhibit 14 CDC Responding to Coronavirus in NFs

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16 Exhibit 15 CDC Testing Guidance for NHs

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17 Exhibit 16 CDC Performing Facility-wide Testing in NHs

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18 Exhibit 17 CDC Infection Prevention and Control - IPC

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19 Exhibit 18 SAMHSA Care and Tx of MH in COVID-19 Epidemic

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June 8, 2020

June 8, 2020

PACER
26

NOTICE by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes re 24 MOTION for Preliminary Injunction Notice of Objection of Request for Additional Time to Respond (Lowry, Kirk) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
27

PROPOSED ORDER Defendants Proposed Briefing Schedule by Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Hal Smith. (Salton, Henry) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
28

NOTICE of Appearance by Ira Burnim on behalf of Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes (Burnim, Ira) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
29

MOTION for Attorney(s) Steven J. Schwartz to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-5908612) by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes. (Attachments: # 1 Affidavit Declaration of Steven J. Schwartz and Attachment A)(Lowry, Kirk) (Entered: 06/10/2020)

1 Affidavit Declaration of Steven J. Schwartz and Attachment A

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June 10, 2020

June 10, 2020

PACER
30

ORDER re 27 Proposed Order filed by Hal Smith, Lakisha Hyatt, Ned Lamont, Miriam E. Delphin-Rittmon. The defendants' briefing schedule is approved, in light of the time plaintiffs needed to develop their motion and supporting materials, and the challenges that Covid 19 present in the defendants' preparing a response to the plaintiffs, including likely expert filings. The plaintiff is given 14 days to reply, but of course can seek more time. The court expects to schedule this for matter for oral argument the week of July 27, unless plaintiffs indicate they will only need a week to reply, in which case the court would likely advance the hearing. SO ORDERED by Judge Janet C. Hall on 6/10/2020.(DeRubeis, B.) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER

Order

June 10, 2020

June 10, 2020

PACER
31

NOTICE of Appearance by Shawn L Rutchick on behalf of Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Hal Smith (Rutchick, Shawn) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
32

MOTION to Dismiss by Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Hal Smith.Responses due by 7/2/2020 (Urban, Ralph) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
33

Memorandum in Support re 32 MOTION to Dismiss filed by Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Hal Smith. (Attachments: # 1 Exhibit 1 Declaration of Kathryn Stackpole, # 2 Exhibit 2 Declaration of Charles Dike, # 3 Exhibit 3 Gloria Drummer v. State of Connecticut, et al. Amended Motion for Class Certification with attached complaint)(Urban, Ralph) (Entered: 06/11/2020)

1 Exhibit 1 Declaration of Kathryn Stackpole

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2 Exhibit 2 Declaration of Charles Dike

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3 Exhibit 3 Gloria Drummer v. State of Connecticut, et al. Amended Motion for Clas

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June 11, 2020

June 11, 2020

PACER
34

Memorandum in Support re 32 MOTION to Dismiss Supplemental Memorandum in Support of Motion to Dismiss filed by Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Hal Smith. (Urban, Ralph) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
35

NOTICE by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes Corrected Memorandum in Support of Motion for PI (Lowry, Kirk) (Entered: 06/13/2020)

June 13, 2020

June 13, 2020

PACER
36

CERTIFICATE OF GOOD STANDING re 13 MOTION for Attorney(s) Ira Burnim to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5848451) by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes. (Lowry, Kirk) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
37

ORDER granting 21 Motion to Appear ; granting 29 Motion to Appear ; granting 14 Motion to Appear Certificate of Good Standing due by 8/15/2020. Signed by Clerk on 6/16/2020. (Lewis, D) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER

Order on Motion for Admission Pro Hac Vice AND Order on Motion for Admission Pro Hac Vice AND Order on Motion for Admission Pro Hac Vice

June 16, 2020

June 16, 2020

PACER
38

NOTICE of Appearance by Steven J. Schwartz on behalf of Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes (Schwartz, Steven) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
39

NOTICE of Appearance by Jennifer Mathis on behalf of Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes (Mathis, Jennifer) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
40

NOTICE of Appearance by Mark J. Murphy on behalf of Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes (Murphy, Mark) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
41

CERTIFICATE OF GOOD STANDING re 29 MOTION for Attorney(s) Steven J. Schwartz to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-5908612) by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes. (Schwartz, Steven) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
42

CERTIFICATE OF GOOD STANDING re 14 MOTION for Attorney(s) Jennifer Mathis to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5848506) by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes. (Mathis, Jennifer) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
43

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Oral argument re: 24 Motion for Preliminary Injunction set for 7/29/2020 09:30 AM before Judge Janet C. Hall. This matter will be held via video conferencing. Technical details for connecting to the conference will be docketed separately. (DeRubeis, B.) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER

Calendar Entry

June 25, 2020

June 25, 2020

PACER
44

MOTION for Leave to File Excess Pages In Response to Plaintiffs' Motion for Preliminary Injunction by Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Hal Smith. (Melendez, Emily) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
45

RESPONSE re 44 MOTION for Leave to File Excess Pages In Response to Plaintiffs' Motion for Preliminary Injunction filed by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes. (Lowry, Kirk) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
46

ORDER granting 44 Motion for Leave to File Excess Pages. SO ORDERED by Judge Janet C. Hall on 7/1/2020. (Lewis, D) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER

Order on Motion for Leave to File Excess Pages

July 1, 2020

July 1, 2020

PACER
47

Memorandum in Opposition re 32 MOTION to Dismiss filed by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes. (Attachments: # 1 Exhibit A Drummer Complaint, # 2 Exhibit B Drummer Judge Frechette MOD)(Lowry, Kirk) (Entered: 07/02/2020)

1 Exhibit A Drummer Complaint

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2 Exhibit B Drummer Judge Frechette MOD

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July 2, 2020

July 2, 2020

PACER
48

MOTION in Limine by Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Hal Smith.Responses due by 7/30/2020 (Attachments: # 1 Memorandum in Support, # 2 Exhibit A)(Salton, Henry) (Entered: 07/09/2020)

1 Memorandum in Support

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2 Exhibit A

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July 9, 2020

July 9, 2020

PACER
49

OBJECTION re 24 MOTION for Preliminary Injunction filed by Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Hal Smith. (Attachments: # 1 Exhibit List, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit X, # 26 Exhibit Y, # 27 Exhibit Z, # 28 Exhibit AA, # 29 Exhibit BB)(Salton, Henry) (Entered: 07/09/2020)

1 Exhibit List

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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15 Exhibit N

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16 Exhibit O

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17 Exhibit P

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18 Exhibit Q

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19 Exhibit R

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20 Exhibit S

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21 Exhibit T

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22 Exhibit U

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23 Exhibit V

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24 Exhibit W

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25 Exhibit X

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26 Exhibit Y

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27 Exhibit Z

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28 Exhibit AA

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29 Exhibit BB

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July 9, 2020

July 9, 2020

PACER
50

CERTIFICATE OF GOOD STANDING re 21 MOTION for Attorney(s) Mark J. Murphy to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5861055) by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes. (Murphy, Mark) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
51

Emergency MOTION for Status Conference by Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Hal Smith. (Salton, Henry) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
52

Emergency MOTION for Status Conference by Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Hal Smith. (Attachments: # 1 Supplement Email)(Salton, Henry) (Entered: 07/14/2020)

1 Supplement Email

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July 14, 2020

July 14, 2020

PACER
53

ORDER granting 52 Motion for Status Conference; ORDER terminating as duplicative 51 Motion for Conference. SO ORDERED by Judge Janet C. Hall on 7/15/2020. (DeRubeis, B.) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
54

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephonic Status Conference set for 7/16/2020 02:30 PM in Chambers Room 107, 141 Church St., New Haven, CT before Judge Janet C. Hall. Counsel are requested to participate in this conference, via telephone. Please use the following dial-in for this call: 1-877-873-8017; Access Code: 6415663#. (DeRubeis, B.) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
55

MOTION to Continue Hearing on Plaintiffs' Motion for Preliminary Injunction by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes. (Lowry, Kirk) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

RECAP

Order on Motion for Conference AND Order on Motion for Conference

July 15, 2020

July 15, 2020

PACER

Calendar Entry

July 15, 2020

July 15, 2020

PACER
56

Minute Entry. Proceedings held before Judge Janet C. Hall: Telephonic Motion Hearing held on 7/16/2020 taking under advisement 55 Motion to Continue Hearing on Plaintiffs' Motion for Preliminary Injunction filed by Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes, Vincent Ardizzone. Ruling to issue. 50 minutes(Court Reporter Terri Fidanza.) (Lewis, D) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

PACER
57

Oral MOTION to Withdraw 24 MOTION for Preliminary Injunction by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes. (Lewis, D) Modified on 7/17/2020 (Lewis, D). (Entered: 07/17/2020)

July 16, 2020

July 16, 2020

PACER
58

ORDER withdrawing 24 Motion for Preliminary Injunction; denying 55 Motion to Continue; granting 57 Motion to Withdraw 55 MOTION to Continue Hearing on Plaintiffs' Motion for Preliminary Injunction. The plaintiffs Motion (Doc. No. 55 ) for Continuance is denied, but the plaintiffs oral Motion to withdraw their Motion for Preliminary Injunction (Doc. No. 57 )is granted. The Clerk is directed to terminate the Motion for Preliminary Injunction as withdrawn. The parties are ordered to confer and submit a Rule 26(f) report, addressing all aspects, as well as deadlines, for discovery and case management, including the issues raised in the remainder of the Motion (Doc. No. 55 ). Those aspects of that motion are terminated with leave to raise in connection with the 26f conference and subsequent scheduling conference to to be held with the magistrate judge. The case is referred to the magistrate judge for pre-trial case management, including discovery and scheduling matters. SO ORDERED by Judge Janet C. Hall on 7/17/2020. (Lewis, D) Modified on 10/27/2020 (Lewis, D). (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER

Withdraw

July 17, 2020

July 17, 2020

PACER

Order on Motion to Withdraw AND Order on Motion to Continue AND Order on Motion for Preliminary Injunction

July 17, 2020

July 17, 2020

PACER

Order on Motion to Withdraw AND Order on Motion for Preliminary Injunction AND Order on Motion to Continue

July 17, 2020

July 17, 2020

PACER

Order on Motion to Continue AND Order on Motion to Withdraw AND Order on Motion for Preliminary Injunction

July 17, 2020

July 17, 2020

PACER
59

MOTION for Leave to File Supplemental Brief to Objection to MTD by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes. (Attachments: # 1 Exhibit Proposed Supplement Brief)(Lowry, Kirk) (Entered: 07/20/2020)

1 Exhibit Proposed Supplement Brief

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July 20, 2020

July 20, 2020

PACER
60

OBJECTION re 59 MOTION for Leave to File Supplemental Brief to Objection to MTD filed by Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Hal Smith. (Urban, Ralph) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
61

ORDER granting 59 Motion for Leave to File. Motion granted. The court advises counsel that the opportunity to have a do over will not exist in the future. Defense counsel is given until August 4th to file their reply.. SO ORDERED by Judge Janet C. Hall on 7/21/2020. (Lewis, D) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER

Order on Motion for Leave to File

July 21, 2020

July 21, 2020

PACER
62

Memorandum in Opposition Plaintiffs' Supplemental Brief in Opposition re 32 MOTION to Dismiss filed by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes. (Lowry, Kirk) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
63

ORDER re 60 Objection filed by Hal Smith, Lakisha Hyatt, Ned Lamont, Miriam E. Delphin-Rittmon. Having granted the motion at issue, the court treats this opposition as a Motion for Reconsideration and grants it. However, the court adheres to its original ruling. The court has already given defendants time to reply. The court advises the plaintiffs that they are required to consult with opposing counsel on these types of motions before filing them. If they fail to do so in the future, the court will deny any such motion on that ground. SO ORDERED by Judge Janet C. Hall on 7/22/2020.(Lewis, D) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER

Order

July 22, 2020

July 22, 2020

PACER
64

MOTION for Ralph E. Urban to Withdraw as Attorney by Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Hal Smith. (Urban, Ralph) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
65

RESPONSE re 62 Memorandum in Opposition to Motion filed by Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Hal Smith. (Attachments: # 1 Exhibit Declaration of Debora Kaszuba-Neary)(Salton, Henry) (Entered: 07/30/2020)

1 Exhibit Declaration of Debora Kaszuba-Neary

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July 30, 2020

July 30, 2020

PACER
66

Memorandum in Opposition re 48 MOTION in Limine filed by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes. (Lowry, Kirk) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
67

ORDER granting 64 Motion to Withdraw as Attorney. Attorney Ralph E. Urban terminated. SO ORDERED by Judge Janet C. Hall on 7/31/2020. (Lewis, D) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER

Order on Motion to Withdraw as Attorney

July 31, 2020

July 31, 2020

PACER
68

REPLY to Response to 48 MOTION in Limine filed by Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Hal Smith. (Attachments: # 1 Supplement Case Law)(Salton, Henry) (Entered: 08/11/2020)

1 Supplement Case Law

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Aug. 11, 2020

Aug. 11, 2020

PACER
69

ORDER REFERRING CASE to Magistrate Judge Robert A. Richardson for pretrial case management SO ORDERED by Judge Janet C. Hall on 8/19/2020.(Lewis, D) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER

Order Referring Case to Magistrate Judge

Aug. 19, 2020

Aug. 19, 2020

PACER
70

ORDER: A telephonic status conference is scheduled for 8/31/2020 at 11:00 AM with Judge Richardson to discuss the parties proposed 26(f) reports. Counsel have been provided with conference call instructions via email. Signed by Judge Robert A. Richardson on 8/27/2020. (Fries, J.) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
71

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A telephonic status conference is set for 8/31/2020 at 11:00 AM before Judge Robert A. Richardson. Call instructions have been sent to counsel via email. (Fries, J.) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER

Case Details

State / Territory: Connecticut

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 30, 2020

Closing Date: Jan. 14, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Five individuals at two inpatient psychiatric facilities seeking safe hospitalization conditions during the COVID-19 pandemic The proposed class includes all patients admitted or to be admitted by the Connecticut Valley Hospital (CVH) and the Whiting Forensic Hospital (WFH) during the COVID-19 pandemic.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Chief Executive Officer of Whiting Forensic Hospital, Private Entity/Person

Chief Executive Officer of Connecticut Valley Hospital, Private Entity/Person

Governor of Connecticut, State

Commissioner of the Department of Mental Health and Addiction Services, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Bathing and hygiene

Sanitation / living conditions

Crowding:

Crowding / caseload

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Mental health care, general

Mental health care, unspecified

COVID-19:

Mitigation Requested