Case: Hargrave v. Vermont

2:99-cv-00128 | U.S. District Court for the District of Vermont

Filed Date: April 27, 1999

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On April 27, 1999, a Vermont resident who had been diagnosed with mental illness filed a class action lawsuit under 42 U.S.C. § 1983 and the Americans with Disabilities Act, 42 U.S.C. § 12111 et seq., against the Vermont Department of Developmental and Mental Health Services. The plaintiffs, represented by private counsel and the Connecticut Legal Rights Project, brought the suit in the U.S. District Court for the District of Vermont, alleging that Vermont's statutes concerning individuals who…

On April 27, 1999, a Vermont resident who had been diagnosed with mental illness filed a class action lawsuit under 42 U.S.C. § 1983 and the Americans with Disabilities Act, 42 U.S.C. § 12111 et seq., against the Vermont Department of Developmental and Mental Health Services. The plaintiffs, represented by private counsel and the Connecticut Legal Rights Project, brought the suit in the U.S. District Court for the District of Vermont, alleging that Vermont's statutes concerning individuals who were civilly committed for mental health reasons violated their rights under the Americans with Disabilities Act. Specifically, the plaintiffs claimed the State violated their rights to have their treatment wishes, which were expressed in durable powers of attorney, followed when the State medicated them, pursuant to Vermont law, against their will in non-emergency circumstances. The law in question permitted the State to petition for medication of these individuals, even when the individuals refused it and even where such medication would violate the orders in their durable powers of attorney.

On August 2, 1999, Vermont Protection and Advocacy, Inc. moved to intervene as a plaintiff as well. The court (Magistrate Judge Jerome J. Niedermeier) approved that motion on January 11, 2000, and denied the defendants' Motion to Dismiss for lack of jurisdiction the same day.

The court (Judge Niedermeier) entered an order on July 5, 2000, granting class certification to the plaintiffs. The class consisted of individuals within the state of Vermont who had been or in the future would be diagnosed with a mental illness and who either had or would execute a durable power of attorney for health care or had been or in the future would be deterred from executing such an advance directive for health care as a result of the statute.

On October 11, 2001, the court (Judge Niedermeier) issued an opinion regarding both parties' Motions for Summary Judgment. The court found that the Vermont law facially discriminated against the mentally disabled and it rejected the defendants' Motion to Dismiss and Motion for Summary Judgment. It granted the plaintiffs' Motion for Partial Summary Judgment. The court amended its Order on December 21, 2001. It enjoined the defendants from enforcing aspects of the law that apply to the individuals in the plaintiff class.

On February 6, 2002, the court (Judge Niedermeier) issued an Amended Opinion and Order. The next day, February 7, 2002, the court entered a Judgment against the State of Vermont for the plaintiffs.

The defendants appealed the Judgment to the U.S. Court of Appeals for the Second Circuit. The court (Judge Jose A. Cabranes) affirmed the District Court's Judgment. Hargrave v. Vermont, 340 F.3d 27 (2d Cir. 2003). The litigation continued through 2004, as the plaintiffs sought an award of attorney fees. In the final entry on the PACER docket, on March 24, 2005, the court (Judge Niedermeier) granted the plaintiffs' motion for attorney fees.

Summary Authors

Laura Uberti (7/11/2006)

Nick Kabat (11/27/2014)

People


Judge(s)

Cabranes, José Alberto (Connecticut)

Jacobs, Dennis G. (New York)

Niedermeier, Jerome J. (Vermont)

Van Graafeiland, Ellsworth Alfred (New York)

Attorneys(s) for Plaintiff

Aranoff, Susan (Connecticut)

Smith, Paul M. (District of Columbia)

Attorneys(s) for Defendant

Asay, Bridget C. (Vermont)

Beinner, Wendy (Vermont)

Wallace, John H. (Vermont)

Other Attorney(s)

Active

Judge(s)

Cabranes, José Alberto (Connecticut)

Jacobs, Dennis G. (New York)

Niedermeier, Jerome J. (Vermont)

Van Graafeiland, Ellsworth Alfred (New York)

Attorneys(s) for Plaintiff

Aranoff, Susan (Connecticut)

Smith, Paul M. (District of Columbia)

Attorneys(s) for Defendant

Asay, Bridget C. (Vermont)

Beinner, Wendy (Vermont)

Wallace, John H. (Vermont)

Other Attorney(s)

Danon, Beth (Vermont)

Rich, John Townsend (District of Columbia)

Stefan, Susan (Massachusetts)

Documents in the Clearinghouse

Document

2:99-cv-00128

Docket [PACER]

March 24, 2005

March 24, 2005

Docket
86

2:99-cv-00128

Opinion and Order

Oct. 11, 2001

Oct. 11, 2001

Order/Opinion
97

2:99-cv-00128

Opinion and Order

Dec. 21, 2001

Dec. 21, 2001

Order/Opinion
100

2:99-cv-00128

Amended Opinion and Order

Feb. 6, 2002

Feb. 6, 2002

Order/Opinion

02-07160

Reported Opinion

U. S. Court of Appeals for the Second Circuit

340 F.3d 27

Aug. 1, 2003

Aug. 1, 2003

Order/Opinion

Resources

Docket

Last updated Aug. 13, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT: Class Action; filing fee $ 150.00 receipt # 12556 (Summonses/waivers Issued) (Notice of Magistrate Judge assignment given at counter) (pjd) (Entered: 04/28/1999)

April 27, 1999

April 27, 1999

File sent to Burlington (pjd) (Entered: 04/28/1999)

April 28, 1999

April 28, 1999

2

RETURN OF SERVICE executed as to defendant Vermont, State of on 5/4/99 (pjd) (Entered: 05/10/1999)

May 10, 1999

May 10, 1999

3

RETURN OF SERVICE executed as to defendant Rodney Copeland on 5/4/99 (pjd) (Entered: 05/10/1999)

May 10, 1999

May 10, 1999

5

STIPULATION AND ORDER TO EXTEND TIME PERIOD TO FILE ANSWER, Answer due on 6/7/99 for Rodney Copeland, for VT Dev & Mental Svc, for Vermont, State of ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (pjd) (Entered: 06/04/1999)

June 4, 1999

June 4, 1999

6

MOTION by defendants Vermont, State of, VT Dev & Mental Svc, Rodney Copeland to Dismiss for Lack of Jurisdiction (pjd) Modified on 06/07/1999 (Entered: 06/07/1999)

June 7, 1999

June 7, 1999

7

MEMORANDUM by defendants Vermont, State of, VT Dev & Mental Svc, Rodney Copeland in support of [6-1] motion to Dismiss for Lack of Jurisdiction (pjd) (Entered: 06/07/1999)

June 7, 1999

June 7, 1999

8

CERTIFICATE OF SERVICE: interrogatories sent by pltf Nancy Hargrave to dfts VT Dev & Mental Svc, Rodney Copeland (law) (Entered: 06/08/1999)

June 8, 1999

June 8, 1999

9

MOTION by plaintiff Nancy Hargrave for extension of time by 30 days within which to respond to dft's motion to dismiss (pjd) (Entered: 06/10/1999)

June 10, 1999

June 10, 1999

10

MEMORANDUM by plaintiff Nancy Hargrave in support of [9-1] motion for extension of time by 30 days within which to respond to dft's motion to dismiss (pjd) (Entered: 06/10/1999)

June 10, 1999

June 10, 1999

**General Order 41 consent forms received from all parties (jjj) (Entered: 06/15/1999)

June 15, 1999

June 15, 1999

ENDORSED ORDER: granting [9-1] motion for extension of time by 30 days within which to respond to dft's motion to dismiss [6-1] ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (pjd) (Entered: 06/15/1999)

June 15, 1999

June 15, 1999

11

CERTIFICATE OF SERVICE: requests for production of documents by plaintiff Nancy Hargrave (pjd) (Entered: 06/30/1999)

June 30, 1999

June 30, 1999

12

MOTION by defendants Vermont, State of, VT Dev & Mental Svc, Rodney Copeland to Stay all discovery deadlines until court decides the pending question re: subject matter jurisdiction (pjd) (Entered: 07/01/1999)

July 1, 1999

July 1, 1999

13

MEMORANDUM by plaintiff Nancy Hargrave in opposition to [6-1] motion to Dismiss for Lack of Jurisdiction (pjd) (Entered: 07/01/1999)

July 1, 1999

July 1, 1999

14

MEMORANDUM by plaintiff Nancy Hargrave in opposition to [12-1] motion to Stay all discovery deadlines until court decides the pending question re: subject matter jurisdiction (pjd) (Entered: 07/12/1999)

July 12, 1999

July 12, 1999

15

SUPPLEMENTAL MEMORANDUM by plaintiff Nancy Hargrave re: [13-1] opposition memorandum to [6-1] motion to Dismiss for Lack of Jurisdiction (mek) (Entered: 07/16/1999)

July 16, 1999

July 16, 1999

ENDORSED ORDER: denying motion to Stay all discovery deadlines until court decides the pending question re: subject matter jurisdiction [12-1], stip disc schedule due within 30 days (by 8/19/99) (Magistrate Judge Jerome J. Niedermeier ) Cy to parties (mek) (Entered: 07/16/1999)

July 16, 1999

July 16, 1999

16

REPLY MEMORANDUM by defendants Vermont, State of, VT Dev & Mental Svc, Rodney Copeland to opposition to [6-1] motion to Dismiss for Lack of Jurisdiction (pjd) (Entered: 07/19/1999)

July 19, 1999

July 19, 1999

17

ENE LETTER re: potential evaluators sent; resp to ENE ltr due 8/9/99 (law) (Entered: 07/20/1999)

July 20, 1999

July 20, 1999

18

MOTION by movant VT Protection & Adv to Intervene as a plaintiff (pjd) (Entered: 08/02/1999)

Aug. 2, 1999

Aug. 2, 1999

19

MEMORANDUM by movant VT Protection & Adv in support of [18-1] motion to Intervene as a plaintiff (pjd) (Entered: 08/02/1999)

Aug. 2, 1999

Aug. 2, 1999

20

JOINT STIPULATION by pltf Nancy Hargrave, dfts State of Vermont, VT Dev & Mental Svc, Rodney Copeland As to Exemption from ENE Process (law) (Entered: 08/10/1999)

Aug. 10, 1999

Aug. 10, 1999

21

STIPULATION AND MOTION by pltf Nancy Hargrave, dfts State of Vt, VT Dev & Mental Svc, Rodney Copeland, movant VT Protection & Adv For Extension of Time for Filing of Dfts' Response to Motion to Intervene (law) (Entered: 08/12/1999)

Aug. 12, 1999

Aug. 12, 1999

ENDORSED ORDER: granting [20-1] joint Stipulation As to Exemption from ENE Process, excusing case from ENE ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (law) (Entered: 08/16/1999)

Aug. 16, 1999

Aug. 16, 1999

ENDORSED ORDER: granting [21-1] joint motion For Extension of Time for Filing of Dfts' Response to Motion to Intervene [18-1] ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (law) (Entered: 08/16/1999)

Aug. 16, 1999

Aug. 16, 1999

22

NOTICE OF HEARING: setting hearing on [18-1] motion to Intervene as a plaintiff by VT Protection & Adv and [6-1] motion to Dismiss for Lack of Jurisdiction by Rodney Copeland, VT Dev & Mental Svc, Vermont, State of for 10:00 9/2/99 Cy to parties (jjj) (Entered: 08/18/1999)

Aug. 18, 1999

Aug. 18, 1999

23

MOTION with memorandum in support by pltf Nancy Hargrave For Continuance of Hearing now set for 9/2/99 (law) (Entered: 08/20/1999)

Aug. 20, 1999

Aug. 20, 1999

RECEIVED proposed Stipulated Discovery Schedule/Order; (law) (Entered: 08/23/1999)

Aug. 23, 1999

Aug. 23, 1999

24

STIPULATED DISCOVERY SCHEDULE/ORDER setting Discovery cutoff 4/16/00 ; Deadline for filing of all motions 5/16/00 ; ready for trial by 6/30/00 ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (pjd) (Entered: 08/23/1999)

Aug. 23, 1999

Aug. 23, 1999

ENDORSED ORDER: finding the motion For Continuance of Hearing now set for 9/2/99 [23-1] moot, motion hearing set for 9:30 9/27/99 for [18-1] motion to Intervene as a plaintiff, motion hearing set for 9:30 9/27/99 for [6-1] motion to Dismiss for Lack of Jurisdiction ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (pjd) (Entered: 08/24/1999)

Aug. 24, 1999

Aug. 24, 1999

25

MOTION by defendants Vermont, State of, defendants VT Dev & Mental Svc, Rodney Copeland in opposition to [18-1] motion to Intervene as a plaintiff (pjd) (Entered: 08/27/1999)

Aug. 27, 1999

Aug. 27, 1999

MINUTE ENTRY: by Magistrate Judge Jerome J. Niedermeier (Ct Rptr: taped) John Wallace, Esq. and Jennifer Myka, Esq. for defts and O. Whitman Smith, Esq. and Susan Aranoff, Esq. for pltfs. ORDERED: taking under advisement on 9/10/99 [18-1] motion to Intervene as a plaintiff, taking under advisement on 8/27/99 [6-1] motion to Dismiss for Lack of Jurisdiction (jjj) (Entered: 08/27/1999)

Aug. 27, 1999

Aug. 27, 1999

26

CERTIFICATE OF SERVICE responses to pltfs' requests to produce by dft State of Vt, VT Dev & Mental Svc, Rodney Copeland (law) (Entered: 09/07/1999)

Sept. 7, 1999

Sept. 7, 1999

27

REPLY MEMORANDUM by movant VT Protection & Adv re: [18-1] motion to Intervene as a plaintiff (law) (Entered: 09/10/1999)

Sept. 10, 1999

Sept. 10, 1999

28

MOTION by plaintiff Nancy Hargrave to Extend Time for filing for class certification until 30 days after receipt of complete responses to pltf's interrogatories to dfts Copeland and Dept. of Developmental and Mental Health Services: Set 1 (pjd) (Entered: 09/17/1999)

Sept. 17, 1999

Sept. 17, 1999

29

MEMORANDUM by plaintiff Nancy Hargrave in support of [28-1] motion to Extend Time for filing for class certification until 30 days after receipt of complete responses to pltf's interrogatories to dfts Copeland and Dept. of Developmental and Mental Health Services: Set 1 (pjd) (Entered: 09/17/1999)

Sept. 17, 1999

Sept. 17, 1999

ENDORSED ORDER: granting [28-1] motion to Extend Time for filing for class certification until 30 days after receipt of complete responses to pltf's interrogatories to dfts Copeland and Dept. of Developmental and Mental Health Services: Set 1 ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (pjd) (Entered: 01/11/2000)

Jan. 11, 2000

Jan. 11, 2000

30

OPINION AND ORDER ( Magistrate Judge Jerome J. Niedermeier ) granting [18-1] motion to Intervene as a plaintiff, denying motion to Dismiss for Lack of Jurisdiction [6-1] Cy to parties (pjd) (Entered: 01/11/2000)

Jan. 11, 2000

Jan. 11, 2000

31

INTERVENOR'S FIRST AMENDED COMPLAINT by VT Protection & Adv against defendants Vermont, State of, VT Dev & Mental Svc, Rodney Copeland (pjd) (Entered: 01/27/2000)

Jan. 11, 2000

Jan. 11, 2000

32

ANSWER to [1-1] complaint by defendants Vermont, State of, VT Dev & Mental Svc, Rodney Copeland (Attorney John Wallace); stipulated discovery schedule due 2/24/00 (pjd) (Entered: 01/27/2000)

Jan. 25, 2000

Jan. 25, 2000

33

ANSWER by dfts State of Vermont, VT Dev & Mental Svc, Rodney Copeland to [31-1] pltf-intervenor's first amended complaint (law) (Entered: 03/17/2000)

Jan. 25, 2000

Jan. 25, 2000

34

MOTION by plaintiff Nancy Hargrave to Amend [1-1] complaint (law) (Entered: 02/03/2000)

Feb. 3, 2000

Feb. 3, 2000

35

MEMORANDUM by plaintiff Nancy Hargrave in support of [34-1] motion to Amend [1-1] complaint (law) (Entered: 02/03/2000)

Feb. 3, 2000

Feb. 3, 2000

36

CERTIFICATE OF SERVICE: responses to pltf's first set of interrogatories filed by dfts VT Dev & Mental Svc, Rodney Copeland (law) (Entered: 02/10/2000)

Feb. 10, 2000

Feb. 10, 2000

37

MOTION by plaintiff Nancy Hargrave For Class Certification (law) (Entered: 03/01/2000)

March 1, 2000

March 1, 2000

38

MEMORANDUM by plaintiff Nancy Hargrave in support of [37-1] motion For Class Certification (law) (Entered: 03/01/2000)

March 1, 2000

March 1, 2000

39

ORDER granting [34-1] motion to Amend [1-1] complaint ( Magistrate Judge Jerome J. Niedermeier ) [EOD Date 3/1/00] Cy to parties (pjd) (Entered: 03/01/2000)

March 1, 2000

March 1, 2000

40

FIRST AMENDED COMPLAINT: CLASS ACTION by plaintiff Nancy Hargrave , amending [1-1] complaint (pjd) (Entered: 03/01/2000)

March 1, 2000

March 1, 2000

41

ANSWER to [40-1] pltf's amended complaint by dfts State of Vermont, VT Dev & Mental Svc, Rodney Copeland ; stipulated discovery schedule due 4/16/00 (law) (Entered: 03/17/2000)

March 17, 2000

March 17, 2000

42

MOTION with memorandum in support by plaintiff Nancy Hargrave to Compel production of documents (pjd) (Entered: 03/21/2000)

March 21, 2000

March 21, 2000

43

AMENDED ANSWER to Complaint by defendants Vermont, State of, VT Dev & Mental Svc, Rodney Copeland : amends [41-1] answer (pjd) (Entered: 03/21/2000)

March 21, 2000

March 21, 2000

STIPULATION RECEIVED re: Extend Time to Response to Pltf's Motion for Class Action (law) (Entered: 03/24/2000)

March 24, 2000

March 24, 2000

44

STIPULATION AND ORDER To Extend Time to File Response to [37- 1] motion For Class Certification; response due 3/31/00 ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (law) (Entered: 03/24/2000)

March 24, 2000

March 24, 2000

45

MOTION by all dfts to Extend Time to 4/5/00 to File dfts' response to pltf's motion for class action (kac) (Entered: 03/31/2000)

March 31, 2000

March 31, 2000

ENDORSED ORDER: granting [45-1] motion to Extend Time to 4/5/00 to File dfts' response to pltf's [37-1] motion For Class Certification ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (law) (Entered: 04/03/2000)

April 3, 2000

April 3, 2000

46

OPPOSITION by defendants Vermont, State of, VT Dev & Mental Svc, Rodney Copeland to [37-1] motion For Class Certification (pjd) (Entered: 04/05/2000)

April 5, 2000

April 5, 2000

ENDORSED ORDER: granting [47-1] Stipulation to Extend Time to File Defendants' Response to Pltf's Motion to Compel [42-1] motion to Compel production of documents, response due 4/7/00 ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (law) Modified on 04/07/2000 (Entered: 04/06/2000)

April 6, 2000

April 6, 2000

48

MEMORANDUM by dfts State of Vt, VT Dev & Mental Svc, Rodney Copeland in opposition to [42-1] motion to Compel production of documents (law) (Entered: 04/07/2000)

April 7, 2000

April 7, 2000

49

NOTICE OF HEARING: setting hearing on [42-1] motion to Compel production of documents by Nancy Hargrave and [37-1] motion For Class Certification by Nancy Hargrave for 10:00 5/2/00 Cy to parties (jjj) (Entered: 04/13/2000)

April 13, 2000

April 13, 2000

50

STIPULATION AND ORDER reply due 5/5/00 for [37-1] motion For Class Certification ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (law) (Entered: 04/25/2000)

April 25, 2000

April 25, 2000

MINUTE ENTRY: by Magistrate Judge Jerome J. Niedermeier (Ct Rptr: taped) O. Whitman Smith, Esq. for pltfs; John Wallace, Esq. and Jennifer Myka, Esq. for defts .ORDERED: [42-1] motion to Compel production of documents held in abeyance until motion for class certification is decided; taking under advisement on 5/15/00 [37-1] motion For Class Certification (jjj) (Entered: 05/02/2000)

May 2, 2000

May 2, 2000

51

SUPPLEMENTAL MEMORANDUM by plaintiff Nancy Hargrave in support of [37-1] motion For Class Certification (law) (Entered: 05/05/2000)

May 5, 2000

May 5, 2000

52

AMENDED CERTIFICATE OF SERVICE by plaintiff Nancy Hargrave re: [51-1] supplemental memorandum (pjd) (Entered: 05/08/2000)

May 8, 2000

May 8, 2000

53

AMENDED STIPULATED DISCOVERY SCHEDULE/ORDER setting Discovery cutoff 9/30/00 ; Deadline for filing of all motions 10/30/00 ; ready for trial by 11/30/00 ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (pjd) (Entered: 05/08/2000)

May 8, 2000

May 8, 2000

54

AFFIDAVIT of Elizabeth Manfredi by intervenor-plaintiff VT Protection & Adv in support of [37-1] motion For Class Certification (pjd) (Entered: 05/12/2000)

May 12, 2000

May 12, 2000

55

REPLY by defendants Vermont, State of, VT Dev & Mental Svc, Rodney Copeland to pltf's supplemental memorandum in support of [37- 1] motion For Class Certification (pjd) (Entered: 05/12/2000)

May 12, 2000

May 12, 2000

56

CERTIFICATE OF SERVICE: interrogatories and requests to produce sent by dft VT Dev & Mental Svc to pltfs Nancy Hargrave, VT Protection & Adv (law) Modified on 06/19/2000 (Entered: 06/19/2000)

June 16, 2000

June 16, 2000

58

OPINION AND ORDER ( Magistrate Judge Jerome J. Niedermeier ) granting [37-1] motion For Class Certification. The class shall consist of individuals within the state of Vermont who have been or in the future will be diagnosed as having a mental illness & who either have or will execute a durable power of atty for health care or have been or in the future will be deterred from executing such an advance directive for health care as a result of Act 114. Cy to parties (law) Modified on 02/07/2002 (Entered: 07/06/2000)

July 5, 2000

July 5, 2000

59

AMENDED DISCOVERY STIPULATION AND ORDER resetting Discovery cutoff 11/15/00 ; Deadline for filing of all motions 12/15/00 ; ready for trial by 1/15/01 ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (pjd) (Entered: 08/01/2000)

Aug. 1, 2000

Aug. 1, 2000

60

MOTION by pltf Nancy Hargrave, intervenor-pltf VT Protection & Adv for partial summary judgment (law) (Entered: 08/10/2000)

Aug. 10, 2000

Aug. 10, 2000

61

STATEMENT OF UNDISPUTED MATERIAL FACTS in support of [60-1] motion for partial summary judgment by pltf Nancy Hargrave, intervenor-pltf VT Protection & Adv (law) (Entered: 08/10/2000)

Aug. 10, 2000

Aug. 10, 2000

62

MEMORANDUM OF LAW by pltf Nancy Hargrave, intervenor-pltf VT Protection & Adv in support of [60-1] motion for partial summary judgment (law) (Entered: 08/10/2000)

Aug. 10, 2000

Aug. 10, 2000

63

CERTIFICATE OF SERVICE: first set of requests for admissions, second set of interrogatories, and second set of requests for production of documents by pltf Nancy Hargrave (law) (Entered: 08/15/2000)

Aug. 15, 2000

Aug. 15, 2000

64

NOTICE OF HEARING: setting hearing on [42-1] motion to Compel production of documents by Nancy Hargrave for 10:00 8/24/00 Cy to parties (jjj) (Entered: 08/15/2000)

Aug. 15, 2000

Aug. 15, 2000

MINUTE ENTRY: by Magistrate Judge Jerome J. Niedermeier (Ct Rptr: taped) O. Whitman Smith, Esq. for pltf; Jennifer Myka, Esq. for deft. ORDERED: granting [42-1] motion to Compel production of documents. All discovery is stayed pending resolution of pending partial summary judgment motion. Deft to have until 10/2/00 to respond to said motion. (jjj) (Entered: 08/25/2000)

Aug. 24, 2000

Aug. 24, 2000

65

STIPULATION AND ORDER To Extend Time to File Defendants' Opposition to [60-1] motion for partial summary judgment to 10/2/00 ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (law) Modified on 09/08/2000 (Entered: 09/07/2000)

Sept. 7, 2000

Sept. 7, 2000

66

MOTION by dfts State of Vermont, VT Dev & Mental Svc, Rodney Copeland For Leave to Exceed Page Limit of Memoranda for Consolidated Motions in Support of and Opposing Summary Judgment on All Claims (law) (Entered: 09/27/2000)

Sept. 27, 2000

Sept. 27, 2000

67

MOTION by dfts State of Vt, VT Dev & Mental Svc for partial summary judgment , and to Dismiss (PREVIOUS ENTRY PART OF SAME DOCUMENT) (law) (Entered: 10/02/2000)

Oct. 2, 2000

Oct. 2, 2000

68

RESPONSE by dfts State of Vermont, VT Dev & Mental Svc to [61-1] pltfs' statement of undisputed facts re: [60-1] motion for partial summary judgment (NEXT ENTRY PART OF SAME DOCUMENT) (law) (Entered: 10/02/2000)

Oct. 2, 2000

Oct. 2, 2000

68

STATEMENT OF UNDISPUTED FACTS re: [67-1] motion for partial summary judgment by dfts State of Vermont, VT Dev & Mental Svc (PREVIOUS ENTRY PART OF SAME DOCUMENT) (law) (Entered: 10/02/2000)

Oct. 2, 2000

Oct. 2, 2000

69

MEMORANDUM OF LAW by dfts State of Vermont, VT Dev & Mental Svc opposing [60-1] motion for partial summary judgment (PREVIOUS ENTRY PART OF SAME DOCUMENT) (EXHIBITS LOCATED IN EXPANDABLE FOLDER) (law) Modified on 10/02/2000 (Entered: 10/02/2000)

Oct. 2, 2000

Oct. 2, 2000

69

MOTION by dfts State of Vermont, VT Dev & Mental Svc for Summary Judgment , and to Dismiss (PREVIOUS ENTRY PART OF SAME DOCUMENT) (EXHIBITS LOCATED IN SEPARATE EXPANDABLE FOLDER) (law) Modified on 10/02/2000 (Entered: 10/02/2000)

Oct. 2, 2000

Oct. 2, 2000

70

STIPULATION AND ORDER TO EXTEND TIME TO FILE PLAINTIFF'S AND PLAINTIFF-INTERVENOR'S RESPONSES TO [67-1] motion for partial summary judgment; response due 12/1/00 ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (law) Modified on 11/02/2000 (Entered: 11/01/2000)

Oct. 27, 2000

Oct. 27, 2000

71

MOTION by dfts State of Vt, VT Dev & Mental Svc, Rodney Copeland for partial summary judgment on pltf's constitutional claims (law) (Entered: 11/27/2000)

Nov. 27, 2000

Nov. 27, 2000

72

MEMORANDUM OF LAW by dfts State of Vt, VT Dev & Mental Svc, Rodney Copeland in support of [71-1] motion for partial summary judgment on pltf's constitutional claims (law) (Entered: 11/27/2000)

Nov. 27, 2000

Nov. 27, 2000

73

REPLY by plaintiff Nancy Hargrave, intervenor-plaintiff VT Protection & Adv to [67-1] motion for partial summary judgment (pjd) (Entered: 12/01/2000)

Dec. 1, 2000

Dec. 1, 2000

74

STATEMENT OF UNDISPUTED MATERIAL FACTS in support of [60-1] motion for partial summary judgment by plaintiff Nancy Hargrave, intervenor-plaintiff VT Protection & Adv (pjd) (Entered: 12/01/2000)

Dec. 1, 2000

Dec. 1, 2000

75

STATEMENT OF DISPUTED MATERIAL FACTS in opposition to [67-1] motion for partial summary judgment by plaintiff Nancy Hargrave, intervenor-plaintiff VT Protection & Adv (pjd) (Entered: 12/01/2000)

Dec. 1, 2000

Dec. 1, 2000

STIPULATION RECEIVED re: Extend Time to File Responses to [71-1] motion for partial summary judgment on pltf's constitutional claims (law) (Entered: 12/22/2000)

Dec. 22, 2000

Dec. 22, 2000

76

STIPULATION AND ORDER reply due 1/8/01 for [67-1] motion for partial summary judgment and response due 2/15/01 for [71-1] motion for partial summary judgment on pltf's constitutional claims ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (law) (Entered: 12/26/2000)

Dec. 26, 2000

Dec. 26, 2000

77

REPLY by dfts State of Vt, VT Dev & Mental Svc, Rodney Copeland to response to [67-1] motion for partial summary judgment (law) (Entered: 01/09/2001)

Jan. 9, 2001

Jan. 9, 2001

78

MEMORANDUM by plaintiff Nancy Hargrave in opposition to [71-1] motion for partial summary judgment on pltf's constitutional claims (pjd) (Entered: 02/16/2001)

Feb. 15, 2001

Feb. 15, 2001

STIPULATION RECEIVED re: to Extend Time to File Dft's Reply to [71-1] motion for partial summary judgment on pltf's constitutional claims (law) (Entered: 02/26/2001)

Feb. 26, 2001

Feb. 26, 2001

79

STIPULATION AND ORDER to extend time to file dfts' reply to opposition to dft's motion for partial summary judgment on constitutional claims; reply due 3/26/01 for [71-1] motion for partial summary judgment on pltf's constitutional claims ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (pjd) (Entered: 03/08/2001)

March 8, 2001

March 8, 2001

80

REPLY by defendants Vermont, State of, VT Dev & Mental Svc, Rodney Copeland to opposition to [71-1] motion for partial summary judgment on pltf's constitutional claims (pjd) (Entered: 03/26/2001)

March 26, 2001

March 26, 2001

ENDORSED ORDER: granting [66-1] motion For Leave to Exceed Page Limit of Memoranda for Consolidated Motions in Support of and Opposing Summary Judgment on All Claims ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (See referenced document for image) (pjd) (Entered: 04/02/2001)

March 30, 2001

March 30, 2001

81

NOTICE OF HEARING: setting hearing on [71-1] motion for partial summary judgment on pltf's constitutional claims by Rodney Copeland, VT Dev & Mental Svc, Vermont, State of [69-1] motion for Summary Judgment by VT Dev & Mental Svc, Vermont, State of [69-2] motion to Dismiss by VT Dev & Mental Svc, Vermont, State of [67-1] motion for partial summary judgment by VT Dev & Mental Svc, Vermont, State of [67-2] motion to Dismiss by VT Dev & Mental Svc, Vermont, State of [60-1] motion for partial summary judgment by VT Protection & Adv, Nancy Hargrave for 10:30 4/13/01 Cy to parties (jjj) (Entered: 04/02/2001)

April 2, 2001

April 2, 2001

MINUTE ENTRY: by Magistrate Judge Jerome J. Niedermeier (Ct Rptr: taped) Atty O. Whitman Smith present for pltf, Jennifer Myka, Esq. and John Wallace, Esq. present for dfts. Hearing on pending motions. Statements by counsel. ORDERED: taking under advisement on [71-1] motion for partial summary judgment on pltf's claims, [69-1] motion for Summary Judgment, [69-2] motion to Dismiss, [67-1] motion for partial summary judgment, [67-2] motion to Dismiss, [60-1] motion for partial summary judgment (law) (Entered: 04/13/2001)

April 13, 2001

April 13, 2001

82

SUPPLEMENTAL MEMORANDUM by plaintiff Nancy Hargrave in response to dfts' new citation re: [69-1] motion for Summary Judgment, [67-1] motion for partial summary judgment, [60-1] motion for partial summary judgment (pjd) (Entered: 04/26/2001)

April 25, 2001

April 25, 2001

Case Details

State / Territory: Vermont

Case Type(s):

Mental Health (Facility)

Key Dates

Filing Date: April 27, 1999

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Vermont residents who had been or would be diagnosed with a mental illness and who either had or would execute a durable power of attorney for health care or had been or in the future would be deterred from executing it because of the statute.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Vermont, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Informed consent/involuntary medication

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Medication, administration of

Type of Facility:

Government-run