Case: Conn. Traumatic Brain Injury Assoc. v. Hogan

2:90-cv-00097 | U.S. District Court for the District of Connecticut

Filed Date: Feb. 8, 1990

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On February 8, 1990, the Connecticut Traumatic Brain Injury Association filed a class action lawsuit against the Connecticut Departments of Mental Health and Mental Retardation and various state hospitals in the United States District Court for the District of Connecticut. Plaintiffs were a class of persons with intellectual disabilities or traumatic brain injuries and who were or may be placed in Norwich or Fairfield Hills Hospitals. They were represented by Connecticut Legal Services, the C…

On February 8, 1990, the Connecticut Traumatic Brain Injury Association filed a class action lawsuit against the Connecticut Departments of Mental Health and Mental Retardation and various state hospitals in the United States District Court for the District of Connecticut. Plaintiffs were a class of persons with intellectual disabilities or traumatic brain injuries and who were or may be placed in Norwich or Fairfield Hills Hospitals. They were represented by Connecticut Legal Services, the Connecticut Office of Protection and Advocacy, and private attorneys. The complaint alleged violations of the Equal Protection and Due Process clauses of the Fourteenth Amendment, the Rehabilitation Act of 1973, and the Americans with Disabilities Act. Plaintiffs sought to enjoin the practice of placing non-dangerous brain injured individuals and individuals with intellectual disabilities in state hospitals for the mentally ill, where necessary treatment and training was not available.

The defendants moved to exclude those class members who were voluntarily placed into the hospitals and the District Court (Chief Judge Peter C. Dorsey) denied the motion on April 4, 1995. Conn. Traumatic Brain Injury Assoc. v. Hogan, 161 F.R.D. 8 (D. Conn. 1995).

Thereafter, the parties settled the claims of the class members with intellectual disabilities on the eve of trial. Chief Judge Peter C. Dorsey entered a stipulation and order on August 2, 1995 which approved the settlement terms. The defendants agreed to place half of the class members with intellectual disabilities into community settings by June 30, 1996 and the remaining by June 30, 1997. The defendants also agreed to provide services to the class members in accord with the standards, policies, and procedures developed in the CARC v. Thorne (ID-CT-0001) litigation. After those transfers, the Fairfield Hills Hospital and Norwich Hospital were to be closed, and the portion of the case relating to class members with intellectual disabilities was to be dismissed.

The case continued with respect to claims of class members with brain injuries. Note that the PACER docket did not contain hyper-links to case pleadings and orders and we did not have copies of subsequent case documents. Information on the history of this litigation for the period of August 2, 1995 to November 2002 was limited to the PACER docket entries.

According to the PACER docket, following the partial settlement, the case proceeded to trial, beginning on July 25, 1995 and continuing through August 16, 1995. It appears that the trial was then recessed and stayed by the court so that the parties could pursue settlement negotiations. Negotiations continued and the parties participated in numerous court ordered settlement conferences with mediator, Attorney Cousins. The remaining issues in the case did not settle.

Trial as to the claims of brain injured class members reconvened in February, 2001. The docket indicates that following post-trial motions and briefs, the District Court entered judgment for the defendants and closed the case on November 26, 2002.

Summary Authors

Angela Heverling (4/1/2007)

Related Cases

Conn. ARC v. Thorne, District of Connecticut (1978)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/13998475/parties/connecticut-traumati-v-mental-health/


Judge(s)

Dorsey, Peter Collins (Connecticut)

Smith, Thomas P. (Connecticut)

Attorneys(s) for Plaintiff

Alisberg, Nancy B. (Connecticut)

Bell, Aileen M. (District of Columbia)

Bye, Gareth D. (Connecticut)

Cushman, Catherine E. (Connecticut)

Feinstein, Andrew Alan (Connecticut)

Gailor, Bet J. (Connecticut)

Lantz, Elam Jr. (Connecticut)

McDonald, Gwendolyn K. (Connecticut)

Judge(s)

Dorsey, Peter Collins (Connecticut)

Smith, Thomas P. (Connecticut)

Attorneys(s) for Plaintiff

Alisberg, Nancy B. (Connecticut)

Bell, Aileen M. (District of Columbia)

Bye, Gareth D. (Connecticut)

Cushman, Catherine E. (Connecticut)

Feinstein, Andrew Alan (Connecticut)

Gailor, Bet J. (Connecticut)

Lantz, Elam Jr. (Connecticut)

McDonald, Gwendolyn K. (Connecticut)

Romanelli, Irene P. (Connecticut)

Shaw, David C. (Connecticut)

Taylor, Betty J. (Connecticut)

Attorneys(s) for Defendant

Brown, Allyn L. Jr. (Connecticut)

Cohn, Henry S. (Connecticut)

Comerford, Jane D. (Connecticut)

Gerner, Patricia A. (Connecticut)

Horn, Marianne (Connecticut)

Jaff, Jennifer C. (Connecticut)

Lahey, Paul J. (Connecticut)

Lynch, Richard J. (Connecticut)

Osswalt, Edward F. (Connecticut)

Rosenfeld, Martin T. (Connecticut)

Salton, Henry A. (Connecticut)

Welsh, James P. (Connecticut)

York, Thomas B. (Pennsylvania)

Other Attorney(s)

Appleby, Bethany L. (Connecticut)

Chambers, Susan S. (Connecticut)

Conlon, Jacquelyn (Connecticut)

Hourihane, Marcella A. (Connecticut)

Monahan, Patrick J. II (Connecticut)

Pari, Phyllis M. (Connecticut)

Weaver, Maureen (Connecticut)

Wihbey, Linda T. (Connecticut)

Documents in the Clearinghouse

Document

2:90-cv-00097

Docket [PACER]

Feb. 27, 2003

Feb. 27, 2003

Docket
176

2:90-cv-00097

Ruling on Pending Motions

161 F.R.D. 8

April 4, 1995

April 4, 1995

Order/Opinion
268

2:90-cv-00097

Stipulation and Order

July 25, 1995

July 25, 1995

Order/Opinion

Notes

No Court

July 25, 1995

July 25, 1995

Other
266

2:90-cv-00097

Fourth Amended Complaint

July 28, 1995

July 28, 1995

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13998475/connecticut-traumati-v-mental-health/

Last updated Aug. 11, 2022, 2:57 p.m.

ECF Number Description Date Link Date / Link

ENDORSEMENT mot #113, to w/draw appearance GRANTED. ( signed by Judge Peter C. Dorsey ) (Former Employee)

Nov. 1, 1991

Nov. 1, 1991

PACER
114

NOTICE of filing of expert report of Mark Chandler, M.D. by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman (Former Employee) (Entered: 01/23/1992)

Jan. 21, 1992

Jan. 21, 1992

PACER
115

STIPULATION by Salafia, Hall re: that the mot dtd 10/24/91 will be compiled w/in three weeks of fil this stip and is subj to prot ord dtd 10/11/91 (Former Employee) (Entered: 02/21/1992)

Feb. 20, 1992

Feb. 20, 1992

PACER

ENDORSEMENT granting [115-1] stipulation tihat Motion for discl & prod will be complied w/within tyhree weeks of the fil of this stip and is subj to prot ord dtd 10/11/90 ( signed by Judge Peter C. Dorsey ) (Former Employee)

Feb. 25, 1992

Feb. 25, 1992

PACER
116

NOTICE of filing of the ack of duty not to disclose of pltf's expert by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman (Former Employee) (Entered: 03/23/1992)

March 23, 1992

March 23, 1992

PACER
117

NOTICE of filing of the report of Michael Franczak, P{h.D. by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman (Former Employee) (Entered: 04/21/1992)

April 21, 1992

April 21, 1992

PACER
118

MOTION by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman to Amend the Class Cert Order (see docket #51 Ruling on hard docket) (Brief Due 7/31/92 ) (Former Employee) (Entered: 07/13/1992)

July 10, 1992

July 10, 1992

PACER
119

MEMORANDUM by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman in support of [118-1] motion to Amend the Class Cert Order (see docket #51 Ruling on hard docket) by plaintiff (Former Employee) (Entered: 07/13/1992)

July 10, 1992

July 10, 1992

PACER
120

MOTION by Salafia, Mullaney, Mental Retardation, Mental Health, Lippner, Hall, William W. Backus Ho to Extend Time to respond to pltf's motion to amened the Class Cert Order dtd 7/9/92 until 8/13/92 (Former Employee) (Entered: 07/30/1992)

July 30, 1992

July 30, 1992

PACER

ENDORSEMENT granting [120-1] motion to Extend Time to respond to pltf's motion to amened the Class Cert Order dtd 7/9/92 until 8/13/92, Brief Deadline set for 8/13/92 [118-1] motion to Amend the Class Cert Order (see docket #51 Ruling on hard docket) ( signed by Judge Peter C. Dorsey ) (Former Employee)

Aug. 3, 1992

Aug. 3, 1992

PACER
121

MEMORANDUM (#121) by Mullaney, Mental Retardation, Mental Health, Angelini in opposition to [118-1] motion to Amend the Class Cert Order (see docket #51 Ruling on hard docket) by plaintiff (Former Employee) (Entered: 08/18/1992)

Aug. 13, 1992

Aug. 13, 1992

PACER
122

Plaintiff's rebuttal to defendant's opposition -REPLY by Connecticut Traumati to response to [118-1] motion to Amend the Class Cert Order (see docket #51 Ruling on hard docket) by plaintiff (Former Employee) (Entered: 09/15/1992)

Sept. 10, 1992

Sept. 10, 1992

PACER
123

NOTICE of by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman of filing of the expert report of Stephen Sarfaty, Psy. D. (Former Employee) (Entered: 10/05/1992)

Oct. 5, 1992

Oct. 5, 1992

PACER

ENDORSEMENT granting [118-1] motion to Amend the Class Cert Order -- The class is expanded to include the approximately 24 individuals at CVH who have TBI. Plaintiff shall provide notice to the new class members on/before 10/26/92. The prior protective order re discovery shall apply to additional discovery required as a result of this order. (see docket #51 Ruling on hard docket) ( signed by Judge Peter C. Dorsey ) (Former Employee)

Oct. 9, 1992

Oct. 9, 1992

PACER
124

MOTION by Smith, Scully, Rotman, Mullaney, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman to Extend Time until/including November 18, 1992 to provide the notice ordered by the court dated 10/6/92 (Former Employee) (Entered: 10/27/1992)

Oct. 23, 1992

Oct. 23, 1992

PACER

ENDORSEMENT granting [124-1] motion to Extend Time until/including November 18, 1992 to provide the notice ordered by the court dated 10/6/92 ( signed by Judge Peter C. Dorsey ) (Moore, P.)

Nov. 5, 1992

Nov. 5, 1992

PACER
125

MOTION by Connecticut Assoc. F, Chapman, Medina, Hawley, Green, Connecticut Traumati, Smith, Scully, Rotman to Amend Complaint (Brief Due 12/4/92 ) (Graham, T.) (Entered: 11/13/1992)

Nov. 13, 1992

Nov. 13, 1992

PACER
126

MEMORANDUM by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman in support of [125-1] motion to Amend Complaint by plaintiff (Graham, T.) (Entered: 11/13/1992)

Nov. 13, 1992

Nov. 13, 1992

PACER
127

NOTICE of Filing Motion for Disclosure and Production by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman (Graham, T.) (Entered: 11/13/1992)

Nov. 13, 1992

Nov. 13, 1992

PACER
128

MOTION by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman disclosure, and Production (Brief Due 12/4/92 ) (Graham, T.) (Entered: 11/13/1992)

Nov. 13, 1992

Nov. 13, 1992

PACER
129

NOTICE of COMPLIANCE with Court's order by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman (Former Employee) (Entered: 12/01/1992)

Nov. 23, 1992

Nov. 23, 1992

PACER

ENDORSEMENT granting [125-1] motion to Amend Complaint, abs obj ( signed by Judge Peter C. Dorsey ) (Smith, S.)

Dec. 15, 1992

Dec. 15, 1992

PACER
130

THIRD AMENDED COMPLAINT by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman amending second amended complaint (Smith, S.) (Entered: 12/17/1992)

Dec. 15, 1992

Dec. 15, 1992

PACER

ENDORSEMENT denying [128-1] motion disclosure, denying [128-2] motion Production (signed by Judge Peter C. Dorsey ) (Smith, S.)

Dec. 15, 1992

Dec. 15, 1992

PACER
131

MOTION by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman to Join Judith Normandin as a pty dft (Brief Due 2/26/93 ) (Former Employee) (Entered: 02/06/1993)

Feb. 5, 1993

Feb. 5, 1993

PACER
132

MEMORANDUM by pltfs in support of [131-1] motion to Join Judith Normandin as a pty dft by plaintiff (Former Employee) (Entered: 02/06/1993)

Feb. 5, 1993

Feb. 5, 1993

PACER

ENDORSEMENT granting [131-1] motion to Join Judith Normandin as pty dft, abs obj ( signed by Judge Peter C. Dorsey ) (Smith, S.)

April 28, 1993

April 28, 1993

PACER

SUMMONS issued for Judith Normandin for amended complaint (Smith, S.)

May 11, 1993

May 11, 1993

PACER
133

SUMMONS Returned Executed as to Judith Normandin 5/11/93--for third amended complaint. Answer due on 5/31/93 for Judith Normandin. (Smith, S.) (Entered: 05/21/1993)

May 21, 1993

May 21, 1993

PACER
134

TRIAL Preparation Order. Section A due 7/6/93; Section B due 7/20/93; Section C due 8/3/93 ( Signed by Judge Peter C. Dorsey ) (Smith, S.) (Entered: 06/10/1993)

June 9, 1993

June 9, 1993

PACER
135

ANSWER by Albert Solnit, Lewis Lippner, Garrell Mullaney, Judith Normandin to third amended complaint (Smith, S.) (Entered: 06/21/1993)

June 18, 1993

June 18, 1993

PACER
136

MOTION by Connecticut Traumati to Extend Time to comply with TPO to Sept. 7, 1993. (Former Employee) (Entered: 06/23/1993)

June 23, 1993

June 23, 1993

PACER

ENDORSEMENT granting in part, [136-1] motion to Extend Time to comply with TPO, to 9/7/93; Part A due 8/16/93; Part B due 8/30/93; Section C due by 9/13/93 ( signed by Judge Peter C. Dorsey ) (Smith, S.)

June 29, 1993

June 29, 1993

PACER
137

NOTICE of Compliance with Section A of Trial Preparation Order by Connecticut Traumati (Former Employee) (Entered: 08/17/1993)

Aug. 16, 1993

Aug. 16, 1993

PACER
138

NOTICE of Filing Acknowledgements of Duty Not to Disclose for Robert Board, Rick McLaughlin, and Amelia Eaton by Connecticut Traumati (Former Employee) (Entered: 08/19/1993)

Aug. 19, 1993

Aug. 19, 1993

PACER
139

MOTION by Mullaney to Extend Time to file Section C of TPO to 10/27/93. (Former Employee) (Entered: 08/25/1993)

Aug. 25, 1993

Aug. 25, 1993

PACER
140

MOTION by Mullaney, Angelini to Extend Time to 9/7/93 to file Section B of TPO. (Former Employee) (Entered: 08/31/1993)

Aug. 30, 1993

Aug. 30, 1993

PACER

ENDORSEMENT granting [140-1] motion to Extend Time to 9/7/93 to file Section B of TPO. ( signed by Clerk ) (Former Employee)

Sept. 2, 1993

Sept. 2, 1993

PACER
141

NOTICE of filing Acknowledgements of Duty not to Disclose for Edward Mattison, William B. Wynne, Joanne Bilger, Chrysler Szarlan, Frank Barrepski, and Pamela Gibbs by Connecticut Traumati (Former Employee) (Entered: 09/03/1993)

Sept. 3, 1993

Sept. 3, 1993

PACER
142

NOTICE of Compliance with Section B of Trial Preparation Order by Mullaney, et al. (Former Employee) (Entered: 09/09/1993)

Sept. 8, 1993

Sept. 8, 1993

PACER

ENDORSEMENT granting [139-1] motion to Extend Time to file Section C of TPO, to 10/27/93, reset Section C due by 10/27/93 ( signed by Judge Peter C. Dorsey ) (Smith, S.)

Sept. 8, 1993

Sept. 8, 1993

PACER
143

NOTICE of filing acknowledgement of duty not to disclose of Kathleen Ryan. by Connecticut Traumati (Former Employee) (Entered: 09/10/1993)

Sept. 9, 1993

Sept. 9, 1993

PACER
144

MOTION by Mullaney, Mental Health to Extend Time to file section C of TPO to 11/19/93. (Former Employee) (Entered: 10/19/1993)

Oct. 19, 1993

Oct. 19, 1993

PACER

ENDORSEMENT granting [144-1] motion to Extend Time to file section C of TPO to 11/19/93 reset Section C due by 11/19/93 THIS IS A FINAL EXTENSION ( signed by Judge Peter C. Dorsey ) (Former Employee)

Oct. 22, 1993

Oct. 22, 1993

PACER
145

MOTION by Connecticut Traumati in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 (Brief Due 12/7/93 ) (Former Employee) (Entered: 11/17/1993)

Nov. 16, 1993

Nov. 16, 1993

PACER
146

MEMORANDUM by Connecticut Traumati in support of [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati (Former Employee) (Entered: 11/17/1993)

Nov. 16, 1993

Nov. 16, 1993

PACER
149

COMPLIANCE with Section C of Trial Preparation Order by Connecticut Traumatic Brain Injury Assoc., et al. (Former Employee) (Entered: 11/23/1993)

Nov. 19, 1993

Nov. 19, 1993

PACER
147

MOTION by Mental Retardation, Mental Health to Extend Time to submit TPO to 11/22/93 (Former Employee) (Entered: 11/22/1993)

Nov. 22, 1993

Nov. 22, 1993

PACER

ENDORSEMENT granting [147-1] motion to Extend Time to submit TPO to 11/22/93, reset Section C due by 11/22/93 ( signed by Judge Peter C. Dorsey ) (Former Employee)

Nov. 22, 1993

Nov. 22, 1993

PACER
148

COMPLIANCE with Section C of Trial Preparation Order by Salafia, Mullaney, Mental Retardation, Mental Health, Lippner, Hall, Angelini, William W. Backus Ho, Judith Normandin, Albert J. Solnit (Former Employee) (Entered: 11/23/1993)

Nov. 22, 1993

Nov. 22, 1993

PACER
150

APPEARANCE of Attorney for Garrell Mullaney, Louis Lippner, Judith Normandin, Albert Solnit -- Jennifer C. Jaff (Smith, S.) (Entered: 12/07/1993)

Dec. 3, 1993

Dec. 3, 1993

PACER
151

MOTION by Garrell Mullaney, Louis Lippner, Judith Normandin, Albert Solnit to Amend [0-0] order granting [#118] motion for class certification (Brief Due 12/24/93) (Smith, S.) (Entered: 12/07/1993)

Dec. 3, 1993

Dec. 3, 1993

PACER
152

MEMORANDUM in support of [151-1] motion to Amend class certification by Albert Solnit, Judith Normandin, Louis Lippner, Garrell Mullaney (Smith, S.) (Entered: 12/07/1993)

Dec. 3, 1993

Dec. 3, 1993

PACER
153

MOTION by Mullaney to Extend Time to respond to motion in Limine to 12/23/93 (Former Employee) (Entered: 12/15/1993)

Dec. 15, 1993

Dec. 15, 1993

PACER

ENDORSEMENT granting [153-1] motion to Extend Time to respond to motion in Limine to 12/23/93, Brief Deadline set for 12/23/93 [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 ( signed by Judge Peter C. Dorsey ) (Former Employee)

Dec. 16, 1993

Dec. 16, 1993

PACER
154

MOTION by Salafia, Mullaney, Lippner, Hall, Fisk, Angelini, William W. Backus Ho, Judith Normandin, Albert J. Solnit to Extend Time to 12/30/93 to respomd to Mot. In Limine (Former Employee) (Entered: 12/27/1993)

Dec. 23, 1993

Dec. 23, 1993

PACER
155

MEMORANDUM by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman in opposition to [151-1] motion to Amend [0-0] order granting [#118] motion for class certification by Albert J. Solnit, Judith Normandin, Lippner, Mullaney (Former Employee) (Entered: 12/30/1993)

Dec. 27, 1993

Dec. 27, 1993

PACER

ENDORSEMENT granting [154-1] motion to Extend Time to 12/30/93 to respomd to Mot. In Limine, Brief Deadline set for 12/30/93 [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 ( signed by Judge Peter C. Dorsey ) (Graham, T.)

Dec. 29, 1993

Dec. 29, 1993

PACER
156

MEMORANDUM by Mullaney, Mental Health in opposition to [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati (Former Employee) (Entered: 01/03/1994)

Dec. 30, 1993

Dec. 30, 1993

PACER
158

RULING granting [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 ( signed by Judge Peter C. Dorsey ) (Smith, S.) (Entered: 01/20/1994)

Jan. 14, 1994

Jan. 14, 1994

PACER
157

REPLY by Mental Health to response to [151-1] motion to Amend [0-0] order granting [#118] motion for class certification by Albert J. Solnit, Judith Normandin, Lippner, Mullaney (Former Employee) (Entered: 01/19/1994)

Jan. 18, 1994

Jan. 18, 1994

PACER
159

MOTION by Mental Health to Extend Time to 1/31/94 to file motion to reconsider ruling on plaintiff's motion in limine of 1/14/94 (Former Employee) (Entered: 01/28/1994)

Jan. 27, 1994

Jan. 27, 1994

PACER
160

MOTION by Mental Health in Limine (Brief Due 2/21/94 ) (Former Employee) (Entered: 02/01/1994)

Jan. 31, 1994

Jan. 31, 1994

PACER
161

MEMORANDUM by Mental Health in support of [160-1] motion in Limine by Mental Health (Former Employee) (Entered: 02/01/1994)

Jan. 31, 1994

Jan. 31, 1994

PACER
162

MOTION by Mental Health for Reconsideration of [158-1] order, granting [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati (Brief Due 2/21/94 ) (Former Employee) (Entered: 02/01/1994)

Jan. 31, 1994

Jan. 31, 1994

PACER
163

MEMORANDUM by Mental Health in support of [162-1] motion for Reconsideration of [158-1] order, granting [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati by Mental Health (Former Employee) (Entered: 02/01/1994)

Jan. 31, 1994

Jan. 31, 1994

PACER

ENDORSEMENT granting [159-1] motion to Extend Time to 1/31/94 to file motion to reconsider ruling on plaintiff's motion in limine of 1/14/94 ( signed by Judge Peter C. Dorsey ) (Former Employee)

Jan. 31, 1994

Jan. 31, 1994

PACER
164

MOTION by Connecticut Traumatic Brain Injury Assoc., et al. to Extend Time to respond to motion for reconsideration to 3/4/94 (Former Employee) (Entered: 02/23/1994)

Feb. 22, 1994

Feb. 22, 1994

PACER
165

MOTION by Connecticut Traumati to Extend Time to respond to Motion in Limine to 2/23/94 (Former Employee) (Entered: 02/23/1994)

Feb. 22, 1994

Feb. 22, 1994

PACER

ENDORSEMENT granting [164-1] motion to Extend Time to respond to motion for reconsideration to 3/4/94, Brief Deadline set for 3/4/94 [162-1] motion for Reconsideration of [158-1] order, granting [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati ( signed by Judge Peter C. Dorsey ) (Former Employee)

Feb. 24, 1994

Feb. 24, 1994

PACER

ENDORSEMENT granting [165-1] motion to Extend Time to respond to Motion in Limine to 2/23/94 ( signed by Judge Peter C. Dorsey ) (Former Employee)

Feb. 24, 1994

Feb. 24, 1994

PACER
166

MEMORANDUM by Connecticut Traumati in opposition to [160-1] motion in Limine by Mental Health (Former Employee) (Entered: 02/25/1994)

Feb. 24, 1994

Feb. 24, 1994

PACER
167

REPLY by Mental Health to response to [160-1] motion in Limine by Mental Health (Former Employee) (Entered: 03/03/1994)

March 3, 1994

March 3, 1994

PACER
168

MEMORANDUM by Connecticut Traumati in opposition to [162-1] motion for Reconsideration of [158-1] order, granting [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati by Mental Health (Former Employee) (Entered: 03/07/1994)

March 4, 1994

March 4, 1994

PACER
169

REPLY by Mental Retardation, Mental Health to response to [162-1] motion for Reconsideration of [158-1] order, granting [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati by Mental Health (Former Employee) (Entered: 03/11/1994)

March 11, 1994

March 11, 1994

PACER
171

ORDER referring case to Mag. Judge Thomas P. Smith for Settlement Conference (signed by Judge Peter C. Dorsey ) (Former Employee) (Entered: 07/12/1994)

July 12, 1994

July 12, 1994

PACER
172

Letter MOTION by Salafia to excuse atty Cohn from attending settlement conf. (Johnson, D.) (Entered: 07/25/1994)

July 22, 1994

July 22, 1994

PACER

ENDORSEMENT granting [172-1] motion to excuse atty Cohn from attending settlement conf. ( signed by Mag. Judge Thomas P. Smith ) (Johnson, D.)

July 22, 1994

July 22, 1994

PACER
174

APPEARANCE of Attorney for all defendants -- Henry A. Salton (Former Employee) (Entered: 09/15/1994)

Sept. 13, 1994

Sept. 13, 1994

PACER
173

MEMORANDUM of Settlement Conference held on 9/14/94; plaintiff's counsel ordered to prepare a draft proposed consent decree. Another session before the magistrate judge is scheduled for October 12, 1994, at 2:00pm ( signed by Mag. Judge Thomas P. Smith ) (Former Employee) (Entered: 09/15/1994)

Sept. 14, 1994

Sept. 14, 1994

PACER

Settlement Conference held ( TPS) 9/14/94 (Gothers, M.)

Sept. 14, 1994

Sept. 14, 1994

PACER

Settlement Conference held ( TPS) 10/12/94 (Gothers, M.)

Oct. 7, 1994

Oct. 7, 1994

PACER
175

Response to [157-1] reply memorandum related to defendants' motion to alter or amend class certification by Mental Health by Connecticut Traumati (Former Employee) (Entered: 04/03/1995)

April 3, 1995

April 3, 1995

PACER
176

RULING granting in part, denying in part [162-1] motion for Reconsideration of [158-1] order, granting [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati, denying [160-1] motion in Limine, denying [151-1] motion to Amend [0-0] order granting [#118] motion for class certification ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 04/04/1995)

April 4, 1995

April 4, 1995

Clearinghouse
177

Letter MOTION by all defendants for Reconsideration of [176-1] order, [151-1] motion to Amend [0-0] order granting [#118] motion for class certification by Albert J. Solnit, Judith Normandin, Lippner, Mullaney, [160-1] motion in Limine by Mental Health, [118-1] motion to Amend the Class Cert Order (see docket #51 Ruling on hard docket) by plaintiffs, [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati (Former Employee) (Entered: 04/25/1995)

April 25, 1995

April 25, 1995

PACER

ENDORSEMENT denying [177-1] motion for Reconsideration of [176-1] order, [151-1] motion to Amend [0-0] order granting [#118] motion for class certification by Albert J. Solnit, Judith Normandin, Lippner, Mullaney, [160-1] motion in Limine by Mental Health, [118-1] motion to Amend the Class Cert Order (see docket #51 Ruling on hard docket) by plaintiffs, [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumatic Brain Injury Assoc.: letter shall be treated as a motion to reconsider the ruling on pending motions. The motion is denied. It is noted that defendants' counsel has pre-paid vacation plans for the first two weeks in July; this will be taken into consideration in the scheduling of the trial ( signed by Chief Judge Peter C. Dorsey ) (Former Employee)

April 25, 1995

April 25, 1995

PACER
178

Settlement Conference held ( TPS) (D'Onofrio, B.) (Entered: 05/15/1995)

May 9, 1995

May 9, 1995

PACER
179

MEMORANDUM of settlement Conference held on May 9, 1995 ...another session has been set tof 9:00 5/26/95... ( signed by Mag. Judge Thomas P. Smith ) (Kunofsky, L.) (Entered: 05/15/1995)

May 9, 1995

May 9, 1995

PACER
180

APPEARANCE of Attorney for Mullaney, Lippner, Judith Normandin, Albert J. Solnit -- Marianne Horn (Former Employee) (Entered: 05/16/1995)

May 15, 1995

May 15, 1995

PACER
181

MOTION by Connecticut Traumati to Substitute expert witness (Brief Due 6/6/95 ) (Former Employee) (Entered: 05/17/1995)

May 16, 1995

May 16, 1995

PACER
182

MEMORANDUM by Connecticut Traumati in support of [181-1] motion to Substitute expert witness by Connecticut Traumati (Former Employee) (Entered: 05/17/1995)

May 16, 1995

May 16, 1995

PACER
183

MOTION by all defendants for status Conference (Former Employee) (Entered: 05/25/1995)

May 24, 1995

May 24, 1995

PACER
184

MEMORANDUM by all defendants in support of [183-1] motion for status Conference by all defendants (Former Employee) (Entered: 05/25/1995)

May 24, 1995

May 24, 1995

PACER
185

AFFIDAVIT of Albert J. Solnit by all defendants Re [183-1] motion for status Conference by all defendants (Former Employee) (Entered: 05/25/1995)

May 24, 1995

May 24, 1995

PACER

ENDORSEMENT denying [183-1] motion for status Conference. The case shall be considered ready for trial as of July 1, 1995. ( signed by Chief Judge Peter C. Dorsey ) (Former Employee)

May 31, 1995

May 31, 1995

PACER
186

MOTION by Connecticut Traumati to Strike [185-1]portions of affidavit of Albert Solnit by all defendants (Former Employee) (Entered: 06/05/1995)

June 2, 1995

June 2, 1995

PACER
187

MEMORANDUM by Connecticut Traumati in support of [186-1] motion to Strike [185-1]portions of affidavit of Albert Solnit by all defendants by Connecticut Traumati (Former Employee) (Entered: 06/05/1995)

June 2, 1995

June 2, 1995

PACER
188

MOTION by Connecticut Traumati to conduct deposition of expert witness Gregory O'Shanick, M.D. after the Discovery deadline of 7/1/95 (Brief Due 6/23/95 ) (Former Employee) (Entered: 06/05/1995)

June 2, 1995

June 2, 1995

PACER
189

MOTION by all defendants in Limine to preclude evidence under FRE 401 (Brief Due 6/27/95 ) (Former Employee) (Entered: 06/07/1995)

June 6, 1995

June 6, 1995

PACER
190

RESPONSE by all defendants to [188-1] motion to conduct deposition of expert witness Gregory O'Shanick, M.D. after the Discovery deadline of 7/1/95 by Connecticut Traumati (Former Employee) (Entered: 06/07/1995)

June 6, 1995

June 6, 1995

PACER

Case Details

State / Territory: Connecticut

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 8, 1990

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Mentally retarded and brain injured patients of state hospitals for the mentally ill.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Norwich & Fairfield Hills Hospitals, State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1995 - 2002

Issues

General:

Classification / placement

Disability:

Least restrictive environment

Mental Disability:

Brain injury

Intellectual/developmental disability, unspecified

Type of Facility:

Government-run