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

Clearinghouse coding complete

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…

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, ID-CT-0005, which was apparently treated as a companion case to this one at points during litigation. Another private suit, McCoy v. Belmont, ID-CT-0006, 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.

Summary Authors

Elizabeth Chilcoat (6/16/2006)

Maurice Youkanna (7/9/2014)

Raul Noguera-McElroy (4/19/2019)

Related Cases

McCoy v. Belmont, District of Connecticut (1985)

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

People

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


Judge(s)

Burns, Ellen Bree (Connecticut)

Attorneys(s) for Plaintiff

Gran, Judith A. (Pennsylvania)

Laski, Frank J. (Pennsylvania)

Ransom, Barbara E. (Pennsylvania)

Roznoy, Richard T. (Connecticut)

Shaw, David C. (Connecticut)

Attorneys(s) for Defendant

Barber, Hugh (Connecticut)

Comerford, Jane D. (Connecticut)

Friedman, David Paul (Connecticut)

Horn, Marianne (Connecticut)

Judge(s)

Burns, Ellen Bree (Connecticut)

Attorneys(s) for Plaintiff

Gran, Judith A. (Pennsylvania)

Laski, Frank J. (Pennsylvania)

Ransom, Barbara E. (Pennsylvania)

Roznoy, Richard T. (Connecticut)

Shaw, David C. (Connecticut)

Attorneys(s) 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)

Other Attorney(s)

Weinstein, Laurie J. (District of Columbia)

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

916 F.Supp. 133

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

1998 WL 136170

Jan. 30, 1998

Jan. 30, 1998

Order/Opinion
383

3:94-cv-01706

Ruling on the Plaintiffs' Motion to Compel and for Sanctions

1998 WL 422858, 1998 U.S.Dist.LEXIS 23221

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

183 F.R.D. 350

Nov. 5, 1998

Nov. 5, 1998

Order/Opinion
475

3:94-cv-01706

Ruling on Motion to Compel Return of Documents

1998 WL 841641, 1998 U.S.Dist.LEXIS 20315

Dec. 2, 1998

Dec. 2, 1998

Order/Opinion

Docket

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

Last updated Aug. 31, 2022, 3:10 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
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
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
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

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

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

Social Security (Title XX), 42 U.S.C. §§ 1397 et seq.

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2010 - 2018

Content of Injunction:

Recordkeeping

Other requirements regarding hiring, promotion, retention

Monitoring

Monitor/Master

Implement complaint/dispute resolution process

Reporting

Issues

General:

Access to lawyers or judicial system

Aggressive behavior

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Bathing and hygiene

Deinstitutionalization/decarceration

Family reunification

Habilitation (training/treatment)

Individualized planning

Parents (visitation, involvement)

Placement in mental health facilities

Reassessment and care planning

Recreation / Exercise

Restraints : chemical

Restraints : physical

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Visiting

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

End of life choice and DNR orders

Medical care, general

Mental health care, general

Type of Facility:

Government-run