Case: Mihalcik v. Lensink

2:89-cv-00529 | U.S. District Court for the District of Connecticut

Filed Date: Aug. 15, 1989

Closed Date: 1993

Clearinghouse coding complete

Case Summary

On August 15, 1989, two patients at the Connecticut Valley Hospital, a state mental institution in Middletown, Connecticut, filed a class action lawsuit on behalf of all persons with intellectual disabilities who were or would be patients at the Hospital. The plaintiffs, represented by Yale Legal Services, filed the suit in the U.S. District Court for the District of Connecticut, was brought against the Connecticut Department of Mental Retardation under 42 U.S.C. § 1983. The plaintiffs claime…

On August 15, 1989, two patients at the Connecticut Valley Hospital, a state mental institution in Middletown, Connecticut, filed a class action lawsuit on behalf of all persons with intellectual disabilities who were or would be patients at the Hospital. The plaintiffs, represented by Yale Legal Services, filed the suit in the U.S. District Court for the District of Connecticut, was brought against the Connecticut Department of Mental Retardation under 42 U.S.C. § 1983.

The plaintiffs claimed that the State violated their constitutional rights by subjecting them to physical and chemical restraints and placing them in seclusion. They further alleged that the State failed to provide structured behavioral programs and treatment, and that it had ignored state probate court orders to do so.

The defendants filed a Motion to Dismiss. On March 9, 1990, the court (Judge Peter C. Dorsey) denied the defendants' motion. Mihalcik v. Lensink, 732 F. Supp. 299 (D. Conn. 1990).

According to the PACER docket, on March 5, 1993, the parties filed a Joint Motion for Approval of Stipulation and Order resolving all outstanding issues in the case. On March 12, 1993, the court (Judge Dorsey) approved the Order and ordered the case to be dismissed the same day. The parties were ordered to continue to submit status reports to the court every six months.

We have only the opinion and a few docket entries in the file so we have no further information on this case.

Summary Authors

Laura Uberti (7/17/2006)

People


Judge(s)

Dorsey, Peter Collins (Connecticut)

Attorneys(s) for Plaintiff

Frank, Jerome N (Connecticut)

Lucht, Carroll L. (Connecticut)

McCarthy, Mary (Connecticut)

Peters, Jean Koh (Connecticut)

Pottenger, John L. Jr. (Connecticut)

Wizner, Stephen (Connecticut)

Attorneys(s) for Defendant

Comerford, Jane D. (Connecticut)

Gerner, Patricia A. (Connecticut)

Lahey, Paul J. (Connecticut)

Judge(s)

Dorsey, Peter Collins (Connecticut)

Attorneys(s) for Plaintiff

Frank, Jerome N (Connecticut)

Lucht, Carroll L. (Connecticut)

McCarthy, Mary (Connecticut)

Peters, Jean Koh (Connecticut)

Pottenger, John L. Jr. (Connecticut)

Wizner, Stephen (Connecticut)

Attorneys(s) for Defendant

Comerford, Jane D. (Connecticut)

Gerner, Patricia A. (Connecticut)

Lahey, Paul J. (Connecticut)

Schuman, Carl (Connecticut)

Welsh, James P. (Connecticut)

Documents in the Clearinghouse

Document

Docket

Oct. 26, 2005 Docket

Ruling on Motions to Dismiss

732 F.Supp. 299

March 9, 1990 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
105

LETTER dated 11/19/91 by Larry Mihalcik, Audrey Bell re: satatus of case (Former Employee) (Entered: 11/26/1991)

Nov. 25, 1991

ENDORSEMENT granting [105-1] letter, reset Status Report deadline to 1/6/92 ( signed by Judge Peter C. Dorsey ) (Former Employee) (Entered: 11/26/1991)

Nov. 25, 1991
106

LETTER dated 1/8/92 by Brian R. Lensink, Audrey Bell RE: STATUS (Former Employee) (Entered: 01/14/1992)

Jan. 13, 1992

ENDORSEMENT on letter #106. Counsel shall report on the status of settlement on/or before 3/20/92. In the future, such reporting shall not be done in letter form, but in pleading form, the original to be filed with the clerk's office. ( signed by Judge Peter C. Dorsey ) (Former Employee) (Entered: 01/14/1992)

Jan. 13, 1992
107

STATUS REPORT by Larry Mihalcik, Audrey Bell (Former Employee) (Entered: 03/20/1992)

March 20, 1992

ENDORSEMENT [107-1] report submitted, set Status Report deadline to 5/15/92 ( signed by Judge Peter C. Dorsey ) (Former Employee) (Entered: 03/26/1992)

March 26, 1992
108

STATUS REPORT by Larry Mihalcik, Audrey Bell (Former Employee) (Entered: 05/18/1992)

May 18, 1992
109

JOINT MOTION for approval of stipulation and order by Larry Mihalcik, Brian R. Lensink, Michael F. Hogan, Audrey Bell (Brief Due 3/26/93 ) (Former Employee) (Entered: 03/08/1993)

March 5, 1993
110

STIPULATION by Larry Mihalcik, Brian R. Lensink, Michael F. Hogan, Elizabeth Dole, Audrey Bell to resolve all outstanding issues and controversies in accordance with the terms and conditions set forth. (Former Employee) Modified on 05/13/1993 (Entered: 03/17/1993)

March 5, 1993

ENDORSEMENT granting [109-1] joint motion, The stipulation is approved. The Clerk shall close this file as resolved by agreement of the parties subject to their respective further rights as stipulated. They shall report the status of the matters as per the understanding of the parties on or before 6/30/93 and each six (6) months thereafter until the parties agree that further reports are unnecessary. reset Status Report deadline to 6/30/93 ( signed by Judge Peter C. Dorsey ) (Former Employee) (Entered: 03/17/1993)

March 12, 1993

ENDORSEMENT/ORDER [110-1] stipulation ordered accordingly ( signed by Judge Peter C. Dorsey ) (Former Employee) (Entered: 03/17/1993)

March 12, 1993

Case closed as of 3/12/93 (Graham, T.) (Entered: 05/13/1993)

May 13, 1993
111

ORDER, RE: STATUS/SETTLEMENT REPORT reset Status Report deadline to 12/1/93 ( signed by Judge Peter C. Dorsey ) (Former Employee) (Entered: 09/13/1993)

Sept. 13, 1993
112

MOTION by Larry Mihalcik for Order dismissing claim for monetary relief (Brief Due 12/22/93 ) (Former Employee) (Entered: 12/03/1993)

Dec. 1, 1993
113

MEMORANDUM by Larry Mihalcik in support of [112-1] motion for Order dismissing claim for monetary relief by Larry Mihalcik (Former Employee) (Entered: 12/03/1993)

Dec. 1, 1993
114

MOTION by Larry Mihalcik, Audrey Bell to Dismiss claim for monetary relief (Smith, S.) (Entered: 12/07/1993)

Dec. 3, 1993
115

MEMORANDUM in support of [114-1] motion to Dismiss claim for monetary relief by Audrey Bell, Larry Mihalcik (Smith, S.) (Entered: 12/07/1993)

Dec. 3, 1993
116

JOINT STATUS REPORT by Larry Mihalcik, Brian Lensink, Michael Hogan, Audrey Bell (Smith, S.) (Entered: 12/07/1993)

Dec. 3, 1993

ENDORSEMENT granting [114-1] motion to Dismiss claim for monetary relief. The damages claim is dismiss. ( signed by Judge Peter C. Dorsey ) (Smith, S.) (Entered: 12/08/1993)

Dec. 3, 1993

State / Territory: Connecticut

Case Type(s):

Intellectual Disability (Facility)

Key Dates

Filing Date: Aug. 15, 1989

Closing Date: 1993

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons with mental retardation who were or would be patients at Connecticut Valley Hospital.

Attorney Organizations:

Jerome N. Frank Legal Services Organization (Yale)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Connecticut Department of Mental Retardation, State

Connecticut Valley Hospital (Middletown), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Confinement/isolation

Individualized planning

Reassessment and care planning

Restraints : chemical

Restraints : physical

Mental Disability:

Intellectual/developmental disability, unspecified

Type of Facility:

Government-run