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


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

Last updated June 4, 2022, 3:02 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Connecticut

Case Type(s):

Intellectual Disability (Facility)

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