Case: Messier v. Southbury Training School

3:94-cv-01706 | U.S. District Court for the District of Connecticut

Filed Date: Oct. 4, 1994

Closed Date: March 13, 2019

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Case Summary

On October 4, 1994, a class action lawsuit was filed in the United States District Court for the District of Connecticut against Connecticut's Departments of Mental Retardation (DMR), Social Services (DSS), and Public Health (DPH) and Southbury Training School, an intermediate care facility for people with intellectual disabilities (ICF/MR) in Southbury, Connecticut. Represented by private counsel, the plaintiffs sought injunctive relief on behalf of both current and future Southbury residents. The plaintiffs claimed that the conditions at Southbury violated residents' rights under the Due Process clause, the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, the Rehabilitation Act, 29 U.S.C. § 794, and the Social Security Act, 42 U.S.C. § 1396a.

This lawsuit followed in the wake of an earlier investigation of Southbury, conducted by the United States Department of Justice Civil Rights Division pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA). 42 U.S.C. § 1997 et seq. That federal investigation led to a CRIPA lawsuit, United States v. Connecticut, which was apparently treated as a companion case to this one at points during litigation. Another private suit, McCoy v. Belmont, appears to have been litigated separately. Judge Ellen B. Burns of the United States District Court for the District of Connecticut adjudicated all or part of these three lawsuits.

According to the complaint in this case, conditions at Southbury worsened after the 1986 consent decree entered in United States v. Connecticut. Inhumane living conditions at Southbury placed residents at risk of physical harm and death. For the institution's convenience, residents' behavior was controlled with physical and pharmaceutical restraints instead of behavior modification programming. Similarly, according to the complaint, the institution also sacrificed residents' choice, dignity, privacy, and individuality for convenience by scheduling bathing, toileting and eating to occur communally. Southbury was located in a remote rural area and did not provide community living placements, family support, employment opportunities, recreation, and adequate medical and psychological care, thereby isolating residents from their families and communities. The plaintiffs' other complaints addressed advocacy, residents' rights, facility accessibility, sanitation, staff-to-resident ratios, property ownership, and Do Not Resuscitate Orders (DNR Orders). The Complaint was amended three times, but we only have a copy of the original version.

On October 6, 1994, the court (Judge Ellen B. Burns) declined to consolidate this lawsuit with United States v. Connecticut. On February 7, 1996, the court reinforced the disunion between the lawsuits by denying Southbury's motion to dismiss for res judicata. Messier v. Southbury Training Sch., 915 F. Supp. 133 (D. Conn. 1996). The court reasoned that the Messier plaintiffs were not in privity with the United States and, therefore, were not barred from litigating the issues.

A second challenge to the integrity of the plaintiffs' claims was raised when seven Southbury residents and two advocacy groups sought to intervene in the lawsuit. The would-be interveners feared that, if granted, the relief sought by the plaintiffs would precipitate closure of Southbury. On March 6, 1996, the court disagreed and interpreted the plaintiffs' prayer as one that would require Southbury to consider community placements for all residents but only to use community placements when appropriate. Institutional placement would still be available for individuals who would benefit from living in a structured environment. The court certified the class on July 7, 1996, and refused to dismiss the claims against DPH and DSS on September 4, 1996.

It appears that the parties engaged in discovery, and occasionally sought the court's opinion on procedural disputes. Messier v. Southbury Training Sch., No. 94-1706, 1991 WL 136170 (D. Conn. Jan. 30, 1998) (ruling on plaintiffs' subpoena of documents from non-party); Messier v. Southbury Training Sch., No. 94-1706, 1998 WL 422858 (D. Conn. June 29, 1998) (finding documents written by defense experts to be protected as strategic work products); Messier v. Southbury Training Sch., No. 94-1706, 1998 WL 841641 (D. Conn. Dec. 2, 1998) (compelling defendants to return borrowed documents to the plaintiffs and permitting plaintiffs to re-depose defense witnesses).

On November 5, 1998, the court refused both to allow 611 of Southbury's 724 residents either to opt-out of the plaintiff class or to be defined as a subclass. Messier v. Southbury Training Sch., 183 F.R.D. 350 (D. Conn. 1998). Although the court recognized that members of a class certified under Federal Rule of Civil Procedure 23(b)(2) might sometimes be permitted to opt-out of a class, the court found no substantive reason for allowing the 611 residents to opt-out in this case. The court reiterated that pending litigation would not have the effect of closing Southbury and chastised Southbury advocacy groups, which had used misinformation to recruit residents for the opt-out petition.

On January 5, 1999, the court issued two rulings. First, the court permitted the plaintiffs to add a named plaintiff to protect the community placement claim, but refused to allow any substantive amendment. Messier v. Southbury Training Sch., No. 94-1706, 1999 WL 20907 (D. Conn. Jan. 5, 1999). Although Southbury had moved almost all of the named plaintiffs to a community-based residence, the court recognized that many individuals appropriate for community placements remained institutionalized. Adding another named plaintiff would preserve deinstitutionalization and community placement claims.

Second, the court entered a mixed ruling on four motions for summary judgment on January 5, 1999. Messier v. Southbury Training Sch., No. 94-1706, 1999 WL 20910 (D. Conn. Jan. 5, 1999). The court awarded summary judgment to DPH on the plaintiffs' DNR Order claim. The court held that a private physician could impose a DNR Order on a patient without due process protections, even if the patient was not terminally ill and had a developmental disability. The court also granted summary judgment to the defendants on all Social Security Act claims, finding that the system for inspecting and licensing ICF/MRs contained sufficient safeguards to preclude licensing claims. The court also entered summary judgment for DSS on the ADA and the Rehabilitation Act claims because the plaintiffs failed to show that Connecticut's vocational rehabilitation programs actually discriminated against severely disabled individuals. The court dismissed DSS from the litigation and denied all other summary judgment requests.

A 120-day trial on the remaining due process, ADA, and Rehabilitation Act claims was conducted between January 25 and October 21, 1999. On September 14, 1999, the court refused to order the defendants to compensate one of the plaintiffs' experts for time spent waiting to testify. Messier v. Southbury Training Sch., No. 94-1706, 1999 WL 795556 (D. Conn. Sept. 14, 1999). On October 4, 1999, the court refused to enter partial summary judgment on issues also raised in United States v. Connecticut. Sometime after the trial concluded, the court put the case on hold.

On November 12, 1999, the parties entered mediation (Owen Eagan, Neutral), which appears to have produced a partial settlement. On December 14, 2001, the court refused to enforce the partial settlement. On November 11, 2002, with the case still on hold, the plaintiffs made a motion to intervene in the United States v. Connecticut. On January 7, 2003, the court denied their motion.

After United States v. Connecticut was finally adjudicated in 2006, the court returned its attention to Messier in May of 2006. The court initially intended to open the record to accept additional evidence on community placement. The plaintiffs objected and, on May 5, 2006, filed a motion to determine liability on the current record. On June 2, 2006, the court agreed to issue a ruling on the basis of the 1999 trial. On June 5, 2008, the Court held that plaintiffs' claims were moot, following the decision in United States v. Connecticut; however, some individual remedies were needed for community placements for appropriate persons, though the plaintiffs appealed this decision and the conference was canceled pending the appellate decision. In October of 2008, the Second Circuit held that it would not hear the appeals until the District Court entered a judgment. As a result, the District Court set status conferences to take place on January and June of 2009.

In the following months, the parties continued discovery and held a number of settlement conferences. On July 14, 2010, the Court granted a preliminary motion for a settlement agreement. The agreement required training of staff in recommending the appropriate setting for individuals, reallocation of funding to support community-based settings, implementation of programs for transition to such communities, and the hiring of a "Remedial Expert" to assure proper compliance. In November, 2010, the Court approved the settlement agreement as final, finding that it was a fair agreement. Lengthy litigation regarding attorney fees followed, and on January 23, 2013, the Court held that plaintiffs would be awarded attorney fees for their successful claims, but as of July 9, 2014, the Court did not decide an amount. The Court reheard a motion challenging this arrangement and it denied the motion to reconsider.

In 2018, plaintiffs filed an appeal with the Second Circuit, which they withdrew in 2019. As of April 2019, the settlement agreement has terminated.

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Summary Authors

Elizabeth Chilcoat (6/16/2006)

Maurice Youkanna (7/9/2014)

Raul Noguera-McElroy (4/19/2019)

U.S. v. Connecticut, District of Connecticut (1986)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4497564/parties/messier-v-southbury-training/

Judge(s)

Burns, Ellen Bree (Connecticut)

Attorney for Plaintiff

Gran, Judith A. (Pennsylvania)

Attorney for Defendant

Barber, Hugh (Connecticut)

Comerford, Jane D. (Connecticut)

Friedman, David Paul (Connecticut)

Expert/Monitor/Master

Judge(s)

Burns, Ellen Bree (Connecticut)

Attorney for Plaintiff

Gran, Judith A. (Pennsylvania)

Laski, Frank J. (Pennsylvania)

Ransom, Barbara E. (Pennsylvania)

Roznoy, Richard T. (Connecticut)

Shaw, David C. (Connecticut)

Attorney for Defendant

Barber, Hugh (Connecticut)

Comerford, Jane D. (Connecticut)

Friedman, David Paul (Connecticut)

Horn, Marianne (Connecticut)

Lynch, Richard J. (Connecticut)

Salton, Henry A. (Connecticut)

Scarola, Richard J. (New York)

Silvestri, Frank J. Jr. (Connecticut)

Welsh, James P. (Connecticut)

York, Thomas B. (Pennsylvania)

Expert/Monitor/Master

Weinstein, Laurie J. (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:94-cv-01706	Docket [PACER]	Sept. 23, 2020	Sept. 23, 2020 Docket
1 3:94-cv-01706	Complaint	Oct. 6, 1994	Oct. 6, 1994 Complaint
50 3:94-cv-01706	Motion for Class Certification	March 16, 1995	March 16, 1995 Pleading / Motion / Brief
73 3:94-cv-01706	Ruling on Motion to Dismiss by Defendants Southbury Training School, Toni Richardson & Thomas Howley	Feb. 8, 1996	Feb. 8, 1996 Order/Opinion
76 3:94-cv-01706	Ruling on Motion to Intervene	March 5, 1996	March 5, 1996 Order/Opinion
120 3:94-cv-01706	Ruling on Motion to Dismiss by Defendants DPHAS and DSS	Sept. 4, 1996	Sept. 4, 1996 Order/Opinion
297 3:94-cv-01706	Ruling on the Home and School Association's Motion for Reconsideration	Jan. 30, 1998	Jan. 30, 1998 Order/Opinion
383 3:94-cv-01706	Ruling on the Plaintiffs' Motion to Compel and for Sanctions	June 29, 1998	June 29, 1998 Order/Opinion
471 3:94-cv-01706	Ruling on Motion by 611 STS Residents to Opt Out of Plaintiff Class	Nov. 5, 1998	Nov. 5, 1998 Order/Opinion
475 3:94-cv-01706	Ruling on Motion to Compel Return of Documents	Dec. 2, 1998	Dec. 2, 1998 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4497564/messier-v-southbury-training/

Last updated July 2, 2023, 3:13 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT Filing Fee $ 120.00 Receipt # 137967 (D'Onofrio, B.) (Entered: 10/11/1994)	Oct. 6, 1994	Oct. 6, 1994 PACER
2	ORDER on Pretrial Deadlines handed to counsel. Discovery cutoff 4/7/95 ; Dispositive Motions due 5/14/95 Amended Pleadings due 12/16/94 Motions to Dismiss due 1/16/95 (D'Onofrio, B.) (Entered: 10/11/1994)	Oct. 6, 1994	Oct. 6, 1994 PACER
3	MOTION by Richard Messier, Thomas Maloney, Carole Ann Carr, Leon Horton, Raymond Mitchell, Leonard Haversat, Gregory Kabbai, David Yeske, People First, ARC/Connecticut, Inc, Western CT Assoc to Consolidate Case with docket number(s): N86-252(EBB) (Brief Due 10/27/94 ) (D'Onofrio, B.) (Entered: 10/11/1994)	Oct. 6, 1994	Oct. 6, 1994 PACER
4	MEMORANDUM by Richard Messier, Thomas Maloney, Carole Ann Carr, Leon Horton, Raymond Mitchell, Leonard Haversat, Gregory Kabbai, David Yeske, People First, ARC/Connecticut, Inc, Western CT Assoc in support of [3-1] motion to Consolidate Case with docket number(s): N86-252(EBB) by plaintiffs (D'Onofrio, B.) Modified on 10/13/1994 (Entered: 10/11/1994)	Oct. 6, 1994	Oct. 6, 1994 PACER
5	MOTION by Richard Messier, Thomas Maloney, Carole Ann Carr, Leon Horton, Raymond Mitchell, Leonard Haversat, Gregory Kabbai, David Yeske, People First, ARC/Connecticut, Inc, Western CT Assoc to Transfer Case (Brief Due 11/1/94 ) (D'Onofrio, B.) (Entered: 10/11/1994)	Oct. 11, 1994	Oct. 11, 1994 PACER
7	Return of Service of summons by Richard Messier, Thomas Maloney, Carole Ann Carr, Leon Horton, Raymond Mitchell, Leonard Haversat, Gregory Kabbai, David Yeske, People First, ARC/Connecticut, Inc, Western CT Assoc (Johnson, D.) (Entered: 10/20/1994)	Oct. 14, 1994	Oct. 14, 1994 PACER
6	APPEARANCE of Attorney for Patricia Giardi, Susan S. Addiss -- Richard J. Lynch, Henry A. Salton (Gothers, M.) (Entered: 10/19/1994)	Oct. 18, 1994	Oct. 18, 1994 PACER
11	MEMORANDUM by USA in support of [3-1] motion to Consolidate Case with docket number(s): N86-252(EBB) by plaintiffs, [5-1] motion to Transfer Case by plaintiffs (Johnson, D.) (Entered: 10/25/1994)	Oct. 20, 1994	Oct. 20, 1994 PACER
8	OBJECTION by Southbury Training, Toni Richardson, Thomas Howley, Patricia Giardi, Susan S. Addiss re: [2-1] order (Gothers, M.) (Entered: 10/21/1994)	Oct. 21, 1994	Oct. 21, 1994 PACER
9	APPEARANCE of Attorney for Southbury Training, Toni Richardson, Thomas Howley -- James P. Welsh (Gothers, M.) (Entered: 10/21/1994)	Oct. 21, 1994	Oct. 21, 1994 PACER
10	MOTION by Richard Messier, Thomas Maloney, Carole Ann Carr, Leon Horton, Raymond Mitchell, Leonard Haversat, Gregory Kabbai, David Yeske, People First, ARC/Connecticut, Inc, Western CT Assoc to Amend [1-1] complaint (Gothers, M.) (Entered: 10/24/1994)	Oct. 24, 1994	Oct. 24, 1994 PACER
12	MOTION by Southbury Training, Toni Richardson, Thomas Howley, Patricia Giardi, Susan S. Addiss to Extend Time 12/15/94 to respond to the complaint & the Motion for Consolidation (Gothers, M.) (Entered: 11/03/1994)	Oct. 31, 1994	Oct. 31, 1994 PACER
38	MOTION by Southbury Training, Toni Richardson, Thomas Howley for Reconsideration of [0-0] order granting Plaintiff's Motion to Transfer (Brief Due 12/20/94 ) (Gothers, M.) (Entered: 01/20/1995)	Nov. 29, 1994	Nov. 29, 1994 PACER
39	MEMORANDUM by Southbury Training, Toni Richardson, Thomas Howley in support of [38-1] motion for Reconsideration of [0-0] order granting Plaintiff's Motion to Transfer by Thomas Howley, Toni Richardson, Southbury Training (Gothers, M.) (Entered: 01/20/1995)	Nov. 29, 1994	Nov. 29, 1994 PACER
13	MOTION by Home & School Assoc., Southbury Foundation, James C. Walen, Steven M. Bondy, Michael Dougherty, Rebecca Benson, Susan Hendricks, Alan Rotzal, Steven B. Gorski, Edward D. Walen, Philip K. Bondy, Sarah E. Bondy, Ann Dougherty, Carleton J. Benson, Gloria P. Benson, Marylyn Hendricks, Laurence Hendricks, Carol A. Revere, Henry P. Gorski, Bernadetta Gorski, Toni Richardson, Thomas Howley to Intervene (Brief Due 12/28/94 ) (D'Onofrio, B.) (Entered: 12/12/1994)	Dec. 7, 1994	Dec. 7, 1994 PACER
14	MEMORANDUM by Home & School Assoc., Southbury Foundation, James C. Walen, Steven M. Bondy, Michael Dougherty, Rebecca Benson, Susan Hendricks, Alan Rotzal, Steven B. Gorski, Edward D. Walen, Philip K. Bondy, Sarah E. Bondy, Ann Dougherty, Carleton J. Benson, Gloria P. Benson, Marylyn Hendricks, Laurence Hendricks, Carol A. Revere, Henry P. Gorski, Bernadetta Gorski, Toni Richardson, Thomas Howley in support of [13-1] motion to Intervene by movant by defendant, movant, defendant, movant (D'Onofrio, B.) (Entered: 12/12/1994)	Dec. 7, 1994	Dec. 7, 1994 PACER
15	AMENDED COMPLAINT by Richard Messier, Thomas Maloney, Carole Ann Carr, Leon Horton, Raymond Mitchell, Leonard Haversat, Gregory Kabbai, People First, ARC/Connecticut, Inc, Western CT Assoc amending [1-1] complaint (Former Employee) (Entered: 12/13/1994)	Dec. 12, 1994	Dec. 12, 1994 PACER
16	MOTION by Patricia Giardi, Susan S. Addiss to Dismiss the amended complaint for failure to state a claim upon which relief may be granted (Brief Due 1/3/95 ) (Gothers, M.) (Entered: 12/13/1994)	Dec. 13, 1994	Dec. 13, 1994 PACER
17	MEMORANDUM by Patricia Giardi, Susan S. Addiss in support of [16-1] motion to Dismiss the amended complaint for failure to state a claim upon which relief may be granted by Susan S. Addiss, Patricia Giardi (Gothers, M.) (Entered: 12/13/1994)	Dec. 13, 1994	Dec. 13, 1994 PACER
18	MOTION by Southbury Training, Toni Richardson, Thomas Howley to Extend Time until for one week to respond to motion for consolidation (Gothers, M.) (Entered: 12/19/1994)	Dec. 15, 1994	Dec. 15, 1994 PACER
19	SECOND MOTION by Patricia Giardi, Susan S. Addiss to Extend Time to respond to the motion for consolidation until one week after final resolution of the defendants motion to dismiss (Gothers, M.) (Entered: 12/19/1994)	Dec. 15, 1994	Dec. 15, 1994 PACER
20	MOTION by Southbury Training, Toni Richardson, Thomas Howley, Patricia Giardi, Susan S. Addiss to Dismiss (Brief Due 1/5/95 ) (D'Onofrio, B.) (Entered: 12/20/1994)	Dec. 15, 1994	Dec. 15, 1994 PACER
21	MEMORANDUM by Southbury Training, Toni Richardson, Thomas Howley, Patricia Giardi, Susan S. Addiss in support of [20-1] motion to Dismiss by Susan S. Addiss, Patricia Giardi, Thomas Howley, Toni Richardson, Southbury Training (D'Onofrio, B.) (Entered: 12/20/1994)	Dec. 15, 1994	Dec. 15, 1994 PACER
22	MOTION by Richard Messier, Thomas Maloney, Carole Ann Carr, Leon Horton, Raymond Mitchell, Leonard Haversat, Gregory Kabbai, David Yeske, People First, ARC/Connecticut, Inc, Western CT Assoc to Amend [15-1] amended complaint by plaintiffssssssssss (Former Employee) (Entered: 12/27/1994)	Dec. 27, 1994	Dec. 27, 1994 PACER
23	MEMORANDUM by Richard Messier, Thomas Maloney, Carole Ann Carr, Leon Horton, Raymond Mitchell, Leonard Haversat, Gregory Kabbai, David Yeske, People First, ARC/Connecticut, Inc, Western CT Assoc in support of [22-1] motion to Amend [15-1] amended complaint by plaintiffssssssssss by plaintiffssssssssss (Former Employee) (Entered: 12/27/1994)	Dec. 27, 1994	Dec. 27, 1994 PACER
25	OBJECTIONS by Richard Messier, Thomas Maloney, Carole Ann Carr, Leon Horton, Raymond Mitchell, Leonard Haversat, Gregory Kabbai, David Yeske, People First, ARC/Connecticut, Inc, Western CT Assoc to [19-1] motion to Extend Time to respond to the motion for consolidation until one week after final resolution of the defendants motion to dismiss by Susan S. Addiss, Patricia Giardi (Former Employee) (Entered: 12/29/1994)	Dec. 27, 1994	Dec. 27, 1994 PACER
26	OBJECTIONS by Richard Messier, Thomas Maloney, Carole Ann Carr, Leon Horton, Raymond Mitchell, Leonard Haversat, Gregory Kabbai, David Yeske, People First, ARC/Connecticut, Inc, Western CT Assoc to [24-1] motion to Extend Time by plaintiffssssssssss (Former Employee) (Entered: 12/29/1994)	Dec. 27, 1994	Dec. 27, 1994 PACER
24	MOTION by Richard Messier, Thomas Maloney, Carole Ann Carr, Leon Horton, Raymond Mitchell, Leonard Haversat, Gregory Kabbai, David Yeske, People First, ARC/Connecticut, Inc, Western CT Assoc to Extend Time (Collins, S.) (Entered: 12/28/1994)	Dec. 28, 1994	Dec. 28, 1994 PACER
30	MOTION by Patricia Giardi, Susan S. Addiss to Extend Time to 1/31/95 to respond to Motion to Intervene (D'Onofrio, B.) (Entered: 12/30/1994)	Dec. 28, 1994	Dec. 28, 1994 PACER
27	MOTION by Patricia Giardi, Susan S. Addiss for Reconsideration of [5-1] motion to Transfer Case by plaintiffs, re: order of 12/16/94, (Brief Due 1/19/95 ) (Former Employee) Modified on 01/04/1995 (Entered: 12/29/1994)	Dec. 29, 1994	Dec. 29, 1994 PACER
28	MEMORANDUM by Patricia Giardi, Susan S. Addiss in support of [27-1] motion for Reconsideration of [5-1] motion to Transfer Case by plaintiffs, [0-0] order, [0-0] judge by Susan S. Addiss, Patricia Giardi (Former Employee) (Entered: 12/29/1994)	Dec. 29, 1994	Dec. 29, 1994 PACER
29	MOTION by Toni Richardson, Thomas Howley to Extend Time to 1/31/95 to respond to motion to intervene (D'Onofrio, B.) (Entered: 12/30/1994)	Dec. 29, 1994	Dec. 29, 1994 PACER
32	MEMORANDUM by all plaintiffs in opposition to [20-1] motion to Dismiss by Susan S. Addiss, Patricia Giardi, Thomas Howley, Toni Richardson, Southbury Training (Grady, B.) Modified on 03/09/1995 (Entered: 01/10/1995)	Jan. 3, 1995	Jan. 3, 1995 PACER
31	MOTION by Richard Messier, Thomas Maloney, Carole Ann Carr, Leon Horton, Raymond Mitchell, Leonard Haversat, Gregory Kabbai, David Yeske, People First, ARC/Connecticut, Inc, Western CT Assoc to Extend Time to 1/18/95 to respond to Motion to Dismiss (D'Onofrio, B.) (Entered: 01/05/1995)	Jan. 4, 1995	Jan. 4, 1995 PACER
40	MEMORANDUM by Thomas Maloney, Carole Ann Carr, Leon Horton, Raymond Mitchell, Leonard Haversat, Gregory Kabbai, David Yeske, People First, ARC/Connecticut, Inc, Western CT Assoc, all plaintiffs in opposition to [27-1] motion for Reconsideration of [5-1] motion to Transfer Case by plaintiffs, re: order of 12/16/94, by Susan S. Addiss, Patricia Giardi (Gothers, M.) Modified on 03/09/1995 (Entered: 01/20/1995)	Jan. 6, 1995	Jan. 6, 1995 PACER
41	MEMORANDUM by Thomas Maloney, Carole Ann Carr, Leon Horton, Raymond Mitchell, Leonard Haversat, Gregory Kabbai, David Yeske, People First, ARC/Connecticut, Inc, Western CT Assoc, all plaintiffs in opposition to [38-1] motion for Reconsideration of [0-0] order granting Plaintiff's Motion to Transfer by Thomas Howley, Toni Richardson, Southbury Training (Gothers, M.) Modified on 03/09/1995 (Entered: 01/20/1995)	Jan. 6, 1995	Jan. 6, 1995 PACER
33	OBJECTIONS by People First, ARC/Connecticut, Inc, Western CT Assoc to [13-1] motion to Intervene by movant (Grady, B.) (Entered: 03/08/1995)	Jan. 10, 1995	Jan. 10, 1995 PACER
34	MOTION by Patricia Giardi, Susan S. Addiss to Strike [32-1] opposition memorandum by Pall (Brief Due 2/1/95 ) (Grady, B.) (Entered: 01/12/1995)	Jan. 11, 1995	Jan. 11, 1995 PACER
35	MEMORANDUM by Patricia Giardi, Susan S. Addiss in support of [34-1] motion to Strike [32-1] opposition memorandum by Pall by Susan S. Addiss, Patricia Giardi (Grady, B.) (Entered: 01/12/1995)	Jan. 11, 1995	Jan. 11, 1995 PACER
36	REPLY by Patricia Giardi, Susan S. Addiss to memorandum in opposition [27-1] motion for Reconsideration of [5-1] motion to Transfer Case by plaintiffs, re: order of 12/16/94, by Susan S. Addiss, Patricia Giardi (Grady, B.) (Entered: 01/13/1995)	Jan. 12, 1995	Jan. 12, 1995 PACER
37	MOTION by Home & School Assoc., Southbury Foundation, James C. Walen, Steven M. Bondy, Michael Dougherty, Rebecca Benson, Susan Hendricks, Alan Rotzal, Steven B. Gorski, Edward D. Walen, Philip K. Bondy, Sarah E. Bondy, Ann Dougherty, Carleton J. Benson, Gloria P. Benson, Marylyn Hendricks, Laurence Hendricks, Carol A. Revere, Henry P. Gorski, Bernadetta Gorski, Toni Richardson, Thomas Howley for Permission to File Reply Brief (Grady, B.) (Entered: 01/18/1995)	Jan. 17, 1995	Jan. 17, 1995 PACER
42	MEMORANDUM by Richard Messier, Thomas Maloney, Carole Ann Carr, Leon Horton, Raymond Mitchell, Leonard Haversat, Gregory Kabbai, David Yeske, People First, ARC/Connecticut, Inc, Western CT Assoc, all plaintiffs in opposition to [20-1] motion to Dismiss by Susan S. Addiss, Patricia Giardi, Thomas Howley, Toni Richardson, Southbury Training (Former Employee) Modified on 03/09/1995 (Entered: 01/23/1995)	Jan. 18, 1995	Jan. 18, 1995 PACER
43	MEMORANDUM by all plaintiffs in opposition to [34-1] motion to Strike [32-1] opposition memorandum by all plaintiffs by Susan S. Addiss, Patricia Giardi (Grady, B.) Modified on 03/09/1995 (Entered: 01/26/1995)	Jan. 26, 1995	Jan. 26, 1995 PACER
44	RESPONSE by Southbury Training, Toni Richardson, Thomas Howley to [13-1] motion to Intervene (Grady, B.) (Entered: 02/06/1995)	Feb. 3, 1995	Feb. 3, 1995 PACER
45	RESPONSE by Southbury Training, Toni Richardson, Thomas Howley to [13-1] motion to Intervene by movant by defendant, movant, defendant, movant (Former Employee) (Entered: 02/07/1995)	Feb. 3, 1995	Feb. 3, 1995 PACER
46	RESPONSE by Patricia Giardi, Susan S. Addiss to [13-1] motion to Intervene (Lopez, B.) (Entered: 02/10/1995)	Feb. 9, 1995	Feb. 9, 1995 PACER
47	REPLY by Home & School Assoc. to response to [13-1] motion to Intervene by movant by defendant, movant, defendant, movant (Former Employee) (Entered: 02/22/1995)	Feb. 21, 1995	Feb. 21, 1995 PACER
48	AFFIDAVIT of Sarah E. Bondy by Home & School Assoc. Re [13-1] motion to Intervene by movant by defendant, movant, defendant, movant (Former Employee) (Entered: 02/22/1995)	Feb. 21, 1995	Feb. 21, 1995 PACER
49	RESPONSE by all plaintiffs to reply to [13-1] motion to Intervene movant (Grady, B.) (Entered: 03/14/1995)	March 10, 1995	March 10, 1995 PACER
50	MOTION by all plaintiffs for Class Certification (Grady, B.) (Entered: 03/16/1995)	March 16, 1995	March 16, 1995 PACER
51	MEMORANDUM by all plaintiffs in support of [50-1] motion for Class Certification by all plaintiffs (Grady, B.) (Entered: 03/16/1995)	March 16, 1995	March 16, 1995 PACER
52	MOTION by Home & School Assoc., Southbury Foundation, James C. Walen, Steven M. Bondy, Michael Dougherty, Rebecca Benson, Susan Hendricks, Alan Rotzal, Steven B. Gorski, Edward D. Walen, Philip K. Bondy, Sarah E. Bondy, Ann Dougherty, Carleton J. Benson, Gloria P. Benson, Marylyn Hendricks, Laurence Hendricks, Carol A. Revere, Henry P. Gorski, Bernadetta Gorski, Toni Richardson, Thomas Howley to Stay Proceedings with Respect to Plaintiffs' Motion for Class Certification (Brief Due 4/13/95 ) (Grady, B.) (Entered: 03/23/1995)	March 23, 1995	March 23, 1995 PACER
53	MEMORANDUM by Home & School Assoc., Southbury Foundation, James C. Walen, Steven M. Bondy, Michael Dougherty, Rebecca Benson, Susan Hendricks, Alan Rotzal, Steven B. Gorski, Edward D. Walen, Philip K. Bondy, Sarah E. Bondy, Ann Dougherty, Carleton J. Benson, Gloria P. Benson, Marylyn Hendricks, Laurence Hendricks, Carol A. Revere, Henry P. Gorski, Bernadetta Gorski, Toni Richardson, Thomas Howley in support of [52-1] Motion to Stay Proceedings with Respect to Plaintiffs' Motion for Class Certification by movants (Grady, B.) (Entered: 03/23/1995)	March 23, 1995	March 23, 1995 PACER
54	MOTION by Patricia Giardi, Susan S. Addiss to Extend Time for 30 days to respond to the plaintiff's motion for class certification 30 days after resolution of the pending motion to intervene and defendant's motions to dismiss whichever is later (Former Employee) (Entered: 03/28/1995)	March 24, 1995	March 24, 1995 PACER
55	MOTION by Southbury Training, Toni Richardson, Thomas Howley to Extend Time until 30 days to respond to the plaintiff's motion for class certification 30 days after resolution of the pending motion to intervene and defendant's motions to dismiss whichever is later (Former Employee) (Entered: 03/28/1995)	March 27, 1995	March 27, 1995 PACER
56	OBJECTIONS by all plaintiffs to [54-1] motion to Extend Time to respond to the plaintiff's motion for class certification, filed by defendant, Ct. Department of Mental Retardation (Jefferson, V.) (Entered: 03/30/1995)	March 28, 1995	March 28, 1995 PACER
57	OBJECTIONS by all plaintiffs to [54-1] motion to Extend Time to respond to the plaintiff's motion for class certification, filed by Ct. Department of Public Health and Addiction Services (Jefferson, V.) (Entered: 03/30/1995)	March 28, 1995	March 28, 1995 PACER
58	MEMORANDUM by all plaintiffs in opposition to [52-1] motion to Stay Proceedings with Respect to Plaintiffs' Motion for Class Certification by movant by defendant, (Jefferson, V.) (Entered: 04/06/1995)	April 5, 1995	April 5, 1995 PACER
59	RESPONSE by Patricia Giardi, Susan S. Addiss to [52-1] motion to Stay Proceedings with Respect to Plaintiffs' Motion for Class Certification by movant by defendant, movant, defendant, movant (Jefferson, V.) (Entered: 04/07/1995)	April 6, 1995	April 6, 1995 PACER
60	MOTION by Southbury Training, Toni Richardson, Thomas Howley for Protective Order from discovery, pending resolution of the certification of this class action (Jefferson, V.) (Entered: 04/07/1995)	April 6, 1995	April 6, 1995 PACER
61	MEMORANDUM by Southbury Training, Toni Richardson, Thomas Howley in support of [60-1] motion for Protective Order from discovery, pending resolution of the certification of this class action by Thomas Howley, Toni Richardson, Southbury Training (Jefferson, V.) (Entered: 04/07/1995)	April 6, 1995	April 6, 1995 PACER
62	AFFIDAVIT of James P. Welsh by Southbury Training, Toni Richardson, Thomas Howley Re [60-1] motion for Protective Order from discovery, pending resolution of the certification of this class action by Thomas Howley, Toni Richardson, Southbury Training (Jefferson, V.) (Entered: 04/07/1995)	April 6, 1995	April 6, 1995 PACER
63	MOTION by Patricia Giardi, Susan S. Addiss for Protective Order (Brief Due 4/28/95 ) (Former Employee) (Entered: 04/10/1995)	April 7, 1995	April 7, 1995 PACER
64	MEMORANDUM by Patricia Giardi, Susan S. Addiss in support of [63-1] motion for Protective Order by Susan S. Addiss, Patricia Giardi (Former Employee) (Entered: 04/10/1995)	April 7, 1995	April 7, 1995 PACER
65	AFFIDAVIT of Henry A. Salton Assistant Attorney General for Patricia Giardi, Susan S. Addiss Re [63-1] motion for Protective Order by Susan S. Addiss, Patricia Giardi (Former Employee) (Entered: 04/10/1995)	April 7, 1995	April 7, 1995 PACER
66	MOTION by all plaintiffs to Extend Time to August 1, 1995 to complete discovery (Former Employee) Modified on 04/28/1995 (Entered: 04/28/1995)	April 27, 1995	April 27, 1995 PACER
67	MOTION by all plaintiffs to Compel response to Motion for Disclosure dated 3/7/95 (Brief Due 5/18/95 ) (Jefferson, V.) (Entered: 05/01/1995)	April 27, 1995	April 27, 1995 PACER
68	MEMORANDUM by all plaintiffs in opposition to [60-1] motion for Protective Order from discovery, pending resolution of the certification of this class action by Thomas Howley, Toni Richardson, Southbury Training (included with pleading, memo in support of Motion to Compel) (Jefferson, V.) (Entered: 05/01/1995)	April 27, 1995	April 27, 1995 PACER
69	REPLY by Patricia Giardi, Susan S. Addiss to response to [60-1] motion for Protective Order from discovery, pending resolution of the certification of this class action by Thomas Howley, Toni Richardson, Southbury Training (Lopez, B.) (Entered: 05/05/1995)	May 4, 1995	May 4, 1995 PACER
70	REPLY by all plaintiffs to response to [67-1] motion to Compel response to Motion for Disclosure dated 3/7/95 by all plaintiffs (Jefferson, V.) (Entered: 05/19/1995)	May 17, 1995	May 17, 1995 PACER
77	SECOND AMENDED COMPLAINT by Richard Messier, Thomas Maloney, Carole Ann Carr, Leon Horton, Raymond Mitchell, Leonard Haversat, Gregory Kabbai, David Yeske, People First, ARC/Connecticut, Inc, Western CT Assoc amending [15-1] amended complaint (Former Employee) Modified on 04/01/1996 (Entered: 03/07/1996)	Jan. 4, 1996	Jan. 4, 1996 PACER
71	MOTION by Patricia Giardi, Susan S. Addiss to Extend Time to respond to Second Amended Complaint until 30 days after resolution of motion to Intervene and defendant Dept. of Mental Retardation's motion to dismiss. (Jefferson, V.) (Entered: 01/18/1996)	Jan. 18, 1996	Jan. 18, 1996 PACER
72	OBJECTIONS by plaintiffs to [71-1] motion to Extend Time to respond to Second Amended Complaint until 30 days after resolution of motion to Intervene and defendant Dept. of Mental Retardation's motion to dismiss. by Susan S. Addiss, Patricia Giardi (Jefferson, V.) (Entered: 01/26/1996)	Jan. 26, 1996	Jan. 26, 1996 PACER
73	RULING on Motion to Dismiss by Defendants Southbury Training School, Toni Richardson & Thomas Howley: denying [20-1] motion to Dismiss. SEE for details ( signed by Senior Judge Ellen Bree Burns ) (Jefferson, V.) (Entered: 02/08/1996)	Feb. 8, 1996	Feb. 8, 1996 PACER
74	ANSWER to Complaint by Patricia Giardi, Susan S. Addiss (Jefferson, V.) (Entered: 02/22/1996)	Feb. 21, 1996	Feb. 21, 1996 PACER
75	MOTION by Southbury Training to Extend Time to respond to Amended complaint, to 3/25/96 (Jefferson, V.) (Entered: 02/28/1996)	Feb. 27, 1996	Feb. 27, 1996 PACER
76	RULING on Motion for Consolidation: denying [3-1] motion to Consolidate Case with docket number(s): N86-252(EBB) ( signed by Senior Judge Ellen Burns ) (Jefferson, V.) (Entered: 03/06/1996)	March 5, 1996	March 5, 1996 PACER
78	RULING on Motion to Intervene: denying [13-1] motion to Intervene. SEE for details ( signed by Senior Judge Ellen Bree Burns ) (Jefferson, V.) (Entered: 03/07/1996)	March 7, 1996	March 7, 1996 PACER
79	ANSWER by Southbury Training, Toni Richardson, Thomas Howley to amended complaint (Jefferson, V.) (Entered: 03/26/1996)	March 25, 1996	March 25, 1996 PACER
80	APPEARANCE of Attorney for Patricia Giardi, Susan S. Addiss, official capacities -- Jane D. Comerford and Richard Lynch (Jefferson, V.) (Entered: 04/02/1996)	April 2, 1996	April 2, 1996 PACER
81	MOTION by Patricia Giardi, Susan S. Addiss to Extend Time to respond to Motion for Class Certification until 30 days after resolution of pending Motion to Dismiss (Jefferson, V.) (Entered: 04/10/1996)	April 9, 1996	April 9, 1996 PACER
82	MOTION by Patricia Giardi, Susan S. Addiss to Dismiss Second Amended Complaint (Brief Due 4/30/96 ) (Jefferson, V.) (Entered: 04/10/1996)	April 9, 1996	April 9, 1996 PACER
83	MEMORANDUM by Patricia Giardi, Susan S. Addiss in support of [82-1] motion to Dismiss Second Amended Complaint by Susan S. Addiss, Patricia Giardi (Jefferson, V.) (Entered: 04/10/1996)	April 9, 1996	April 9, 1996 PACER
84	RESPONSE by all plaintiffs to [81-1] motion to Extend Time to respond to Motion for Class Certification until 30 days after resolution of pending Motion to Dismiss by Susan S. Addiss, Patricia Giardi (Jefferson, V.) (Entered: 04/11/1996)	April 11, 1996	April 11, 1996 PACER
85	MOTION by Southbury Training, Toni Richardson, Thomas Howley to Extend Time to respond to Motion for Class Certification to 5/3/96 (Jefferson, V.) (Entered: 04/12/1996)	April 11, 1996	April 11, 1996 PACER
86	MOTION by all plaintiffs to Extend Time to respond to Motion to Dismiss dated 4/9/96, to 5/15/96 (Jefferson, V.) (Entered: 04/26/1996)	April 26, 1996	April 26, 1996 PACER
87	MEMORANDUM by Southbury Training, Toni Richardson, Thomas Howley in opposition to [50-1] motion for Class Certification by all plaintiffs (Jefferson, V.) (Entered: 04/29/1996)	April 26, 1996	April 26, 1996 PACER
88	OBJECTIONS by Patricia Giardi, Susan S. Addiss to [50-1] motion for Class Certification by all plaintiffs (Jefferson, V.) (Entered: 04/29/1996)	April 26, 1996	April 26, 1996 PACER
89	MOTION by all plaintiffs to Extend Time to respond to Motion for Class Certification, 8 days (Jefferson, V.) (Entered: 05/07/1996)	May 7, 1996	May 7, 1996 PACER
90	MOTION by Patricia Giardi, Susan S. Addiss for Oral Argument re Motion for Class Certification (Jefferson, V.) (Entered: 05/16/1996)	May 15, 1996	May 15, 1996 PACER
91	MEMORANDUM by all plaintiffs in opposition to [82-1] motion to Dismiss Second Amended Complaint by Susan S. Addiss, Patricia Giardi (Jefferson, V.) (Entered: 05/16/1996)	May 15, 1996	May 15, 1996 PACER
92	MOTION by all plaintiffs for Leave to File Reply Brief in Excess of 10 pages (Jefferson, V.) (Entered: 05/16/1996)	May 15, 1996	May 15, 1996 PACER
93	REPLY by all plaintiffs to response to [50-1] motion for Class Certification by all plaintiffs (Jefferson, V.) (Entered: 05/16/1996)	May 15, 1996	May 15, 1996 PACER
94	REPLY by all plaintiffs to response by DPHAS and DSS to [50-1] motion for Class Certification by all plaintiffs (Jefferson, V.) (Entered: 05/16/1996)	May 16, 1996	May 16, 1996 PACER
95	MOTION by Southbury Training, Toni Richardson, Thomas Howley for Oral Argument re Motion for Class Certification (Jefferson, V.) (Entered: 05/17/1996)	May 16, 1996	May 16, 1996 PACER
96	Motion hearing held re: [50-1] motion for Class Certification by all plaintiffs, under advisement ( EBB) (Jefferson, V.) (Entered: 05/20/1996)	May 20, 1996	May 20, 1996 PACER
97	MOTION by Patricia Giardi, Susan S. Addiss to Extend Time to respond re Motion to Dismiss, to 6/3/96 (Jefferson, V.) (Entered: 05/22/1996)	May 22, 1996	May 22, 1996 PACER
98	MOTION by Patricia Giardi, Susan S. Addiss to Strike [91-1] opposition memorandum re Motion to Dismiss by all plaintiffs (Brief Due 6/12/96 ) (Jefferson, V.) (Entered: 05/22/1996)	May 22, 1996	May 22, 1996 PACER
99	MEMORANDUM by Patricia Giardi, Susan S. Addiss in support of [98-1] motion to Strike [91-1] opposition memorandum re Motion to Dismiss by all plaintiffs (Jefferson, V.) (Entered: 05/22/1996)	May 22, 1996	May 22, 1996 PACER
100	MEMORANDUM by all plaintiffs in opposition to [98-1] motion to Strike [91-1] opposition memorandum re Motion to Dismiss by all plaintiffs by Susan S. Addiss, Patricia Giardi (Jefferson, V.) (Entered: 05/28/1996)	May 28, 1996	May 28, 1996 PACER

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Case Details

State / Territory: Connecticut

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 4, 1994

Closing Date: March 13, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons now at Southbury Training School, those who may be placed there in the future, and persons who have been transferred from there but remain under custody of the Director of Southbury Training School

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Connecticut Department of Mental Retardation, State

Connecticut Department of Social Services, State

Connecticut Department of Public Health and Addiction Services, State

Southbury Training School, State

Case Details