Case: U.S. v. Connecticut

3:86-cv-00252 | U.S. District Court for the District of Connecticut

Filed Date: July 25, 1986

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On May 1, 1984, the United States Department of Justice Civil Rights Division informed the Governor of Connecticut that it would investigate the living conditions at Southbury Training School, an institutional care facility for people with intellectual disabilities (ICF/MR) in Southbury, Connecticut, pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq. On September 11, 1985, the Department of Justice announced its findings. Three lawsuits, including …

On May 1, 1984, the United States Department of Justice Civil Rights Division informed the Governor of Connecticut that it would investigate the living conditions at Southbury Training School, an institutional care facility for people with intellectual disabilities (ICF/MR) in Southbury, Connecticut, pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq. On September 11, 1985, the Department of Justice announced its findings. Three lawsuits, including this CRIPA lawsuit, followed. A class action, Messier v. Southbury Training School, ID-CT-0003 in this Clearinghouse, appears to have been treated as a companion case at some points during litigation. Another private action, McCoy v. Belmont, ID-CT-0006, appears to have been separately litigated. Judge Ellen B. Burns of the United States District Court for the District of Connecticut adjudicated all or part of these three lawsuits.

The United States filed this lawsuit against the State of Connecticut, its Department of Mental Retardation, and the Director of Southbury on July 25, 1986. The United States alleged that living conditions at Southbury placed residents in grave danger of bodily harm and death. According to the Complaint, the individuals with developmental disabilities placed at Southbury were subject to systematic abuse and neglect. Southbury did not provide adequate medical and psychological care and employed too few medical and direct care staff. In addition, Southbury's facilities were unsafe and unsanitary. Instead of offering residents individualized habilitative programming, Southbury used physical and chemical restraints to control most residents' behavior.

On July 25, 1986, the parties also entered a consent decree, under which the State admitted no wrongdoing but agreed to dramatically change Southbury's operations. For instance, the State agreed to institute individualized habilitation programming for all residents and to only use chemical and physical restraints in emergencies or when medically or therapeutically indicated. In addition, the State agreed to improve medical care by hiring more medical staff, developing a medical recordkeeping system, and improving the availability and overall quality of medical care and physical therapy. In addition, the state agreed to improve staff-to-resident ratios by either hiring and training more direct care staff or reducing the number of Southbury's residents (in 1986, Southbury had over one thousand residents). In addition, Southbury agreed to strategically address any new deficiencies or risks to residents' health or lives. Although the consent decree could only be enforced by those party to it, the defendants agreed to submit quarterly progress reports to the court. The court approved the consent decree on December 26, 1986, just four days after denying the Messier plaintiffs' petition for intervener status.

Connecticut's compliance with the consent decree was rocky from the start. On July 28, 1987, the State petitioned the court to extend some of the consent decree's original deadlines because approval of the remedial plan was taking longer than expected. The court did not approve the remedial plan until July 22, 1988. On April 24, 1990, the court issued a remedial order directed to deficiencies in individualized planning, program staffing, medical treatment, and mental health care. Under the 1990 remedial order, Southbury's staff was required to monitor medicated residents for side effects, especially tardive dyskinesia. In addition, the court mandated monthly human rights reviews for residents with aggressive or self-injurious behaviors and for residents on psychotropic medications. Finally, the State was instructed to hire more physicians (general practitioners and specialists) and nurses to serve residents at Southbury. On December 1, 1991, the court modified the 1990 remedial order.

Dissatisfied with the effects of the consent decree, Southbury's residents filed Messier v. Southbury Training School in 1994. On March 5, 1996, the court denied the Messier plaintiffs' motion to consolidate their lawsuit with United States v. Connecticut. The court, however, agreed that Southbury was still not providing adequate services to persons with developmental disabilities. On June 19, 1996, the court held the State in contempt of the consent decree, remedial plan, and remedial orders and appointed a Special Master (David Ferleger) to oversee compliance. United States v. Connecticut, 931 F. Supp. 974 (D. Conn. 1996), appeal dismissed, No. 96-6218, 1997 WL 321594 (2d Cir. June 13, 1997). The court was especially concerned by the rates and causes of mortality at Southbury. For instance, one resident died from severe burns after he lit his clothes on fire while smoking. The court noted that Southbury knew that the resident smoked unsafely, but neither taught him how to smoke safely nor observed him when he smoked.

Between July 30, 1997, and February 22, 2006, the Special Master submitted twenty-six status reports, sixty-three topic-specific reports, and numerous other reports, recommendations, and analyses. Based on the docket, it appears that the Special Master addressed (1) individualized planning, (2) community placement policies, (3) abuse and neglect, (4) the rights of persons with disabilities, (5) human rights and behavioral programming reviews, (6) occupational and physical therapy, (7) medical and dental care, (8) dosage benchmarks, (9) physical restraint techniques and standards, (10) mortality investigations, (11) case management and advocacy, (12) quality assurance plans, (13) facility upkeep, safety, and sanitation, (14) transportation, (15) employment of direct care staff, medical professionals, and specialized therapists, and (16) staff development. The defendants contested most of the Special Master's reports, but the court ultimately accepted all of them. For instance, on February 22, 2004, the court accepted and adopted the Special Master's report on Southbury's development of mortality review procedures.

It appears that the court began removing components of the consent decree from active judicial oversight in August 2000. On November 22, 2002, the Messier plaintiffs again requested intervener status, but the court denied their request on January 7, 2003. On June 24, 2004, the court similarly denied a motion by the Messier plaintiffs to file an amicus curiae brief about compliance with the consent decree.

On June 20, 2005, the parties filed a revised joint settlement agreement, which would have released all outstanding elements of the consent decree from active judicial oversight. The court, however, refused to endorse the agreement on July 21, 2005. The court was apparently concerned about continued deficiencies in habilitation programming and medical care. On September 16, 2005, the State filed a notice of appeal to the United States Court of Appeals for the Second Circuit, but did not request that the district court proceedings be stayed. On January 17, 2006, the Special Master reported that the State had successfully implemented comprehensive habilitation programming for all persons served at Southbury. On February 26, 2006, the Special Master's medical consultant issued a similar report regarding the adequacy of medical care.

On March 25, 2006, the court issued an order purging the defendants of contempt and concluding judicial oversight of the consent decree and remedial plan. The court, however, retained jurisdiction over the consent decree and remedial order for enforcement purposes. Between March 24 and June 25, 2006, the court declared all outstanding motions moot, finalized payment to the Special Master, and ordered the return of unused Special Master funds to the State. On June 25, 2006, Connecticut withdrew its joint settlement agreement appeal. Today, Southbury's website embraces the philosophy of community placement and acknowledges that future challenges will require Southbury to continue to grow and develop. On November 2, 2009, the Court granted a joint motion to dismiss the case because the parties agreed that the consent decree and remedial plan were fully implemented.

Summary Authors

Elizabeth Chilcoat (6/14/2006)

Maurice Youkanna (7/10/2014)

Related Cases

McCoy v. Belmont, District of Connecticut (1985)

Messier v. Southbury Training School, District of Connecticut (1994)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4791471/parties/united-states-v-connecticut/


Judge(s)

Altimari, Frank X. (New York)

Burns, Ellen Bree (Connecticut)

Jacobs, Dennis G. (New York)

Leval, Pierre Nelson (New York)

Attorneys(s) for Plaintiff

Dabrowski, Albert S. (Connecticut)

Dimsey, Dennis J. (District of Columbia)

Dunne, John R. (District of Columbia)

Farano, Richard J. (District of Columbia)

Fidler, Gayle D. (District of Columbia)

Goldschmidt, Iris (District of Columbia)

Judge(s)

Altimari, Frank X. (New York)

Burns, Ellen Bree (Connecticut)

Jacobs, Dennis G. (New York)

Leval, Pierre Nelson (New York)

Attorneys(s) for Plaintiff

Dabrowski, Albert S. (Connecticut)

Dimsey, Dennis J. (District of Columbia)

Dunne, John R. (District of Columbia)

Farano, Richard J. (District of Columbia)

Fidler, Gayle D. (District of Columbia)

Goldschmidt, Iris (District of Columbia)

Guzman, Philip A. (District of Columbia)

Hughes, John B. (Connecticut)

Keyser, Linda L. (District of Columbia)

Masling, Mark S. (District of Columbia)

Meese, Edwin III (District of Columbia)

Miller, V. Colleen (District of Columbia)

Patrick, Deval L. (District of Columbia)

Peabody, Arthur E. Jr. (District of Columbia)

Peraertz, Louis E. (District of Columbia)

Pinzler, Isabelle Katz (District of Columbia)

Reynolds, William Bradford (District of Columbia)

Schneider, Todd J. (District of Columbia)

Schoen, Benjamin P. (District of Columbia)

Snyder, Anita C. (District of Columbia)

Sperber, Joseph J. IV (District of Columbia)

Stern, Robert H. (District of Columbia)

Stutman, Edward A. (Pennsylvania)

Subramanian, Sandhya L. (District of Columbia)

Twardy, Stanley A. Jr. (Connecticut)

Weinstein, Laurie J. (District of Columbia)

Attorneys(s) for Defendant

Barbato, Linsley J. (Connecticut)

Blumenthal, Richard (Connecticut)

Friedman, David Paul (Connecticut)

Lerner, Peter Morris (Connecticut)

Lieberman, Joseph I. (Connecticut)

McCarthy, M. J. (Connecticut)

McGovern, Bernard F. Jr. (Connecticut)

Nevas, Alan Harris (Connecticut)

Riddle, Clarine Nardi (Connecticut)

Silvestri, Frank J. Jr. (Connecticut)

Welsh, James P. (Connecticut)

York, Thomas B. (Pennsylvania)

Other Attorney(s)

Shaw, David C. (Connecticut)

Documents in the Clearinghouse

Document

96-06218

Court of Appeals Docket

USA v. State of Connecticut

U. S. Court of Appeals for the Second Circuit

Jan. 15, 1998

Jan. 15, 1998

Docket

3:86-cv-00252

Docket (PACER)

May 24, 2010

May 24, 2010

Docket

3:86-cv-00252

Notice Letter re: CRIPA Investigation of Southbury Training School

No Court

May 1, 1984

May 1, 1984

Notice Letter

3:86-cv-00252

Complaint

July 16, 1986

July 16, 1986

Complaint

3:86-cv-00252

Consent Decree

Dec. 22, 1986

Dec. 22, 1986

Settlement Agreement

3:86-cv-00252

Motion for Modification of Consent Decree

July 31, 1987

July 31, 1987

Pleading / Motion / Brief

3:86-cv-00252

Stipulation

April 24, 1990

April 24, 1990

Order/Opinion

3:86-cv-00252

Stipulation and Order

Dec. 9, 1991

Dec. 9, 1991

Order/Opinion

3:86-cv-00252

Ruling on Plaintiff's Application for an Order to Show Cause Why Defendants Should Not Be Held in Civil Contempt

June 18, 1996

June 18, 1996

Order/Opinion
123

3:86-cv-00252

Ruling on Plaintiff's Application for an Order to Show Cause Why Defendants Should Not Be Held in Civil Contempt

931 F.Supp. 974

June 19, 1996

June 19, 1996

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4791471/united-states-v-connecticut/

Last updated Aug. 8, 2022, 2:49 p.m.

ECF Number Description Date Link Date / Link
1435

UPLOADED HARD DOCKET SHEET from 7/25/86−4/17/95 (Pesta, J.) (Entered: 10/23/2012)

July 25, 1986

July 25, 1986

1319

SPECIAL ORDER ON ADVOCACY REVIEW, with reguard to Court requirements 73 and 74 on Advocay. . Signed by Clerk-SM on 10/13/05. (Torday, B.)

Oct. 17, 2005

Oct. 17, 2005

RECAP

Case closed (Graham, T.) (Entered: 04/18/1995)

Dec. 22, 1986

Dec. 22, 1986

1344

Special Master's ORDER on Habilitation Report . Signed by David Ferleger, Special Master on 11/17/05. (Attachments: # 1 Exhibit)(Brown, S.)

2 Exhibit

View on PACER

Nov. 17, 2005

Nov. 17, 2005

RECAP
1347

Ruling on Case Management Plan Compliance and Releasing Goals 1 and 2 from active Judicial Oversight . Signed by Judge Ellen Bree Burns on 11/22/05. (Brown, S.)

Nov. 22, 2005

Nov. 22, 2005

RECAP
91

NOTICE of filing Quarterly Compliance Report by State of Connecticut, William A. O'Neill, Dept of Mental Retardation, Brian Lensink, Robert Griffith (Graham, T.) (Entered: 04/18/1995)

March 27, 1995

March 27, 1995

92

MOTION by USA for Leave to File Memo in excess of 40 pages (Graham, T.) (Entered: 04/18/1995)

April 17, 1995

April 17, 1995

1353

ORDER Accepting and Approving 1323 Special Master's Report to the Court No. 59: Deletion of Several Court Requirements filed by David Ferleger, . Signed by Judge Ellen Bree Burns on 12/1/05. (Brown, S.)

Dec. 1, 2005

Dec. 1, 2005

RECAP

ENDORSEMENT granting [92−1] motion for Leave to File Memo in excess of 40 pages ( signed by Senior Judge Ellen Bree Burns ) (Graham, T.) (Entered: 04/18/1995)

April 17, 1995

April 17, 1995

1358

RULING denying 1338 Motion to Recuse/Remove Special Master. Signed by Judge Ellen Bree Burns on 12/6/05. (Ruocco, M.)

Dec. 7, 2005

Dec. 7, 2005

RECAP
1404

RULING ON COMMUNICATION SERVICES COMPLIANCE re 1244 Status Report No. 57 filed by David Ferleger. All Remedial Plan Court Requirements related to the Communication Services aspect of Habilitation are hereby RELEASED from active judicial oversight. See Ruling for further details. Signed by Judge Ellen Bree Burns on 3/23/06. (Ruocco, M.)

March 23, 2006

March 23, 2006

Clearinghouse
93

ORDER granting [92−1] motion for Leave to File Memo in excess of 40 pages ( signed by Senior Judge Ellen Bree Burns ) (Graham, T.) (Entered: 04/18/1995)

April 17, 1995

April 17, 1995

94

MOTION by USA for an Order to Show Cause (Graham, T.) (Entered: 04/18/1995)

April 17, 1995

April 17, 1995

1405

ORDER PURGING DEFENDANTS OF CONTEMPT AND ENDING ACTIVE JUDICIAL OVERSIGHT and accepting and approving 1381 Status Report No. 62 filed by David Ferleger. See order for further details . Signed by Judge Ellen Bree Burns on 3/24/06. (Ruocco, M.)

March 24, 2006

March 24, 2006

Clearinghouse
95

MEMORANDUM by USA in support of [94−1] motion for an Order to Show Cause by USA (Graham, T.) (Entered: 04/18/1995)

April 17, 1995

April 17, 1995

96

Exhibits by USA in support of [94−1] motion for an Order to Show Cause by USA (Graham, T.) (Entered: 04/18/1995)

April 17, 1995

April 17, 1995

97

ORDER TO SHOW CAUSE: hearing set for 3:00 p.m. May 15, 1995. ( signed by Senior Judge Ellen Bree Burns ) (Graham, T.) (Entered: 04/18/1995)

April 17, 1995

April 17, 1995

98

MOTION by State of Connecticut, William A. O'Neill, Dept of Mental Retardation, Brian Lensink, Robert Griffith to Extend Time to May 12, 1995, to file opposition to plaintiff's application for order to show cause (Former Employee) (Entered: 05/09/1995)

May 9, 1995

May 9, 1995

ENDORSEMENT granting [98−1] motion to Extend Time to May 12, 1995, to file opposition to plaintiff's application for order to show cause, Brief Deadline set for 5/12/95 [94−1] motion for an Order to Show Cause ( signed by Senior Judge Ellen Bree Burns ) (Jefferson, V.) (Entered: 05/10/1995)

May 10, 1995

May 10, 1995

99

MEMORANDUM by State of Connecticut in opposition to [94−1] motion for an Order to Show Cause by USA (Jefferson, V.) (Entered: 05/15/1995)

May 12, 1995

May 12, 1995

100

REPLY by USA to response to [94−1] motion for an Order to Show Cause by USA (Jefferson, V.) (Entered: 05/17/1995)

May 16, 1995

May 16, 1995

101

Show Cause Hearing held. Motion for Order to Show Cause, #94, under advisement ( EBB) (Jefferson, V.) (Entered: 05/18/1995)

May 17, 1995

May 17, 1995

102

ORDER: The parties' experts shall be permitted to photograph persons residing within the Southbury Training School provided that every subject, or that subject's parent or guardian, is provided the right to demand, prior to the photograph's submission to this Court, that the photo be altered to mask the ID of the resident. If the resident's ID cannot be masked satisfactorily, the resident, or his parent or guardian, shall have the right to request that the photo and its negative be destroyed. ( signed by Mag. Judge Joan G. Margolis ) (Jefferson, V.) (Entered: 07/20/1995)

July 19, 1995

July 19, 1995

103

APPEARANCE of Attorney for State of Connecticut −− Linsley J. Barbato (Jefferson, V.) (Entered: 08/07/1995)

Aug. 7, 1995

Aug. 7, 1995

104

Show Cause Hearing held on 8/7/95 ( EBB) (Former Employee) (Entered: 08/09/1995)

Aug. 7, 1995

Aug. 7, 1995

105

Show Cause Hearing held August 8, 1995 at 10:00AM ( EBB) (Former Employee) (Entered: 08/10/1995)

Aug. 8, 1995

Aug. 8, 1995

108

Show Cause Hearing held 8/9/95 at 10:05am ( EBB) (Former Employee) (Entered: 08/11/1995)

Aug. 9, 1995

Aug. 9, 1995

MOTION in open court by USA for Protective Order written Motion to be filed (Brief due 8/30/95 ) (Former Employee) (Entered: 08/11/1995)

Aug. 9, 1995

Aug. 9, 1995

106

Amicus Curiae Appearance entered on behalf of Southbury Training (Attorney Frank J. Silvestri Jr., David Paul Friedman) (Former Employee) (Entered: 08/10/1995)

Aug. 10, 1995

Aug. 10, 1995

107

MOTION by Home and School Association of Southbury Training School and Southbury Training School Foundation for Leave to File Memorandum of Law as Amicus Curiae (Former Employee) (Entered: 08/10/1995)

Aug. 10, 1995

Aug. 10, 1995

109

Show Cause Hearing held, under advisement (EBB) (Former Employee) (Entered: 08/15/1995)

Aug. 10, 1995

Aug. 10, 1995

110

Marked Witness List as to State of Connecticut, William A. O'Neill, Dept of Mental Retardation, Brian Lensink, Robert Griffith (Former Employee) (Entered: 08/21/1995)

Aug. 10, 1995

Aug. 10, 1995

111

Marked Witness List as to USA, State of Connecticut, William A. O'Neill, Dept of Mental Retardation, Brian Lensink, Robert Griffith (Former Employee) (Entered: 08/21/1995)

Aug. 10, 1995

Aug. 10, 1995

112

Marked Witness List as to USA (Former Employee) (Entered: 08/21/1995)

Aug. 10, 1995

Aug. 10, 1995

ENDORSEMENT granting [107−1] motion for Leave to File Memorandum of Law as Amicus Curiae, should be filed by 8/24/95 ( signed by Senior Judge Ellen Bree Burns ) (Former Employee) (Entered: 08/11/1995)

Aug. 11, 1995

Aug. 11, 1995

113

MEMORANDUM Of Law of Amici Curiae Southbury Training in order to place before the Court their concerns with respect to the remedial orders sought by the USA in the event the Court finds the defendants to be in contempt of the Consent Decree of 12/22/86, the Implementation Plan approved on 07/22/88 &the Court's Orders of 4/24/90 &12/9/91 (Lopez, B.) (Entered: 08/24/1995)

Aug. 24, 1995

Aug. 24, 1995

114

Response to [113−1] to the Post−Hearing Memorandum of Amici Curiae by Southbury Training by USA (Former Employee) (Entered: 09/07/1995)

Sept. 5, 1995

Sept. 5, 1995

115

TRANSCRIPT on Hearing on Motion for Contempt Cross−Examination of Thomas Howley by Mr. Masling for dates of 8/10/95 (Court reporter: Thea Finkelstein) (Former Employee) (Entered: 09/12/1995)

Sept. 8, 1995

Sept. 8, 1995

116

TRANSCRIPT for dates of August 7, 1995 (Court reporter: Finkelstein) (Former Employee) (Entered: 11/15/1995)

Nov. 15, 1995

Nov. 15, 1995

117

NOTICE of filing of Quarterly Compliance Report by State of Connecticut, William A. O'Neill, Dept of Mental Retardation, Brian Lensink, Robert Griffith (Former Employee) (Entered: 01/09/1996)

Jan. 4, 1996

Jan. 4, 1996

118

ORDER that the Defendant submit any objections it has to the Court relying upon exhibits G−N by 5/17/96. Plaintiffs opposing papers shall be filed by 5/24/96 ( signed by Senior Judge Ellen Bree Burns ) (Former Employee) (Entered: 04/30/1996)

April 30, 1996

April 30, 1996

119

NOTICE of filing of Quarterly Compliance Reports by State of Connecticut, William A. O'Neill, Dept of Mental Retardation, Brian Lensink, Robert Griffith (Former Employee) (Entered: 05/14/1996)

May 14, 1996

May 14, 1996

120

Memorandum of law in support of admissibility of exhibits attached to motion for contempt by USA to [118−1] order (Former Employee) (Entered: 05/24/1996)

May 24, 1996

May 24, 1996

122

REPLY by USA to response to [94−1] motion for an Order to Show Cause by USA (Former Employee) (Entered: 06/18/1996)

June 18, 1996

June 18, 1996

123

RULING granting [94−1] motion for an Order to Show Cause ( signed by Senior Judge Ellen Bree Burns ) (Former Employee) (Entered: 06/19/1996)

June 19, 1996

June 19, 1996

Clearinghouse
124

REPLY by State of Connecticut, William A. O'Neill, Dept of Mental Retardation, Brian Lensink, Robert Griffith to response to [94−1] motion for an Order to Show Cause by USA re; exhibits (Former Employee) (Entered: 06/20/1996)

June 19, 1996

June 19, 1996

125

OBJECTION by State of Connecticut, William A. O'Neill, Dept of Mental Retardation, Brian Lensink, Robert Griffith re: [122−1] response reply by USA, [94−1] motion for an Order to Show Cause by USA; Motion to Strike (Part 1 of 2) (Former Employee) (Entered: 07/11/1996)

July 10, 1996

July 10, 1996

125

MOTION by State of Connecticut, William A. O'Neill, Dept of Mental Retardation, Brian Lensink, Robert Griffith to Strike [122−1] response reply by USA Objection to doc.# 122 (Part 2 of 2) (Brief Due 7/31/96) (Former Employee) (Entered: 07/11/1996)

July 10, 1996

July 10, 1996

126

MEMORANDUM by State of Connecticut, William A. O'Neill, Dept of Mental Retardation, Brian Lensink, Robert Griffith in support of [125−1] motion to Strike [122−1] response reply by USA and [125−1] objection; in support of opposition to [94−1] motion for an Order to Show Cause (Former Employee) (Entered: 07/11/1996)

July 10, 1996

July 10, 1996

127

MOTION by State of Connecticut, William A. O'Neill, Dept of Mental Retardation, Brian Lensink, Robert Griffith to Extend Time until 7/19/96 for recommendations (Former Employee) (Entered: 07/16/1996)

July 16, 1996

July 16, 1996

ENDORSEMENT granting [127−1] motion to Extend Time until 7/19/96 for recommendations ( signed by Senior Judge Ellen Bree Burns ) (Former Employee) (Entered: 07/17/1996)

July 17, 1996

July 17, 1996

128

USA's Suggestions Re: the Special Master to be Appointed by the Court (Lopez, B.) (Entered: 07/19/1996)

July 19, 1996

July 19, 1996

129

MEMORANDUM by USA in opposition to [125−1] motion to Strike [122−1] response reply (Former Employee) (Entered: 07/24/1996)

July 24, 1996

July 24, 1996

130

NOTICE OF APPEAL of [123−1] order by State of Connecticut, William A. O'Neill, Dept of Mental Retardation, Brian Lensink, Robert Griffith FILING FEE $ 105.00 RECEIPT # 155196 Certified Copy of Appeal and Docket mailed to USCA Appeal record due on 9/23/96 (Villano, P.) (Entered: 08/15/1996)

Aug. 14, 1996

Aug. 14, 1996

131

MOTION by State of Connecticut, William A. O'Neill, Dept of Mental Retardation, Brian Lensink, Robert Griffith to Stay implementation of Court order of 6/18/96 (Brief Due 9/9/96 ) (Torday, B.) (Entered: 08/20/1996)

Aug. 19, 1996

Aug. 19, 1996

134

Designation of Exhibits For Inclusion in the Record on Appeal filed by State of Connecticut, William A. O'Neill, Dept of Mental Retardation, Brian Lensink, Robert Griffith (Villano, P.) (Entered: 09/12/1996)

Aug. 29, 1996

Aug. 29, 1996

132

MEMORANDUM by USA in opposition to [131−1] motion to Stay implementation of Court order of 6/18/96 by Robert Griffith, Brian Lensink, Dept of Mental Retardation, William A. O'Neill, State of Connecticut (Torday, B.) (Entered: 08/30/1996)

Aug. 30, 1996

Aug. 30, 1996

135

Designation of Exhibits For Inclusion in the Record on Appeal filed by USA (Villano, P.) (Entered: 09/12/1996)

Sept. 9, 1996

Sept. 9, 1996

136

MEMORANDUM by USA in opposition to [131−1] motion to Stay implementation of Court order of 6/18/96 by Robert Griffith, Brian Lensink, Dept of Mental Retardation, William A. O'Neill, State of Connecticut (Torday, B.) (Entered: 09/16/1996)

Sept. 13, 1996

Sept. 13, 1996

INDEX to Record on Appeal mailed to USCA: [130−1] appeal by Robert Griffith, Brian Lensink, Dept of Mental Retardation, William A. O'Neill, State of Connecticut (Villano, P.) (Entered: 10/02/1996)

Oct. 2, 1996

Oct. 2, 1996

137

Scheduling Order from USCA regarding [130−1] appeal by Robert Griffith, Brian Lensink, Dept of Mental Retardation, William A. O'Neill, State of Connecticut USCA Number: 96−6218 (Villano, P.) (Entered: 10/02/1996)

Oct. 2, 1996

Oct. 2, 1996

138

APPEARANCE of Attorney for Philip Anfang −− Peter Morris Lerner (Former Employee) (Entered: 10/10/1996)

Oct. 10, 1996

Oct. 10, 1996

139

MOTION by Philip Anfang for Gregory D. Crosslin to Appear Pro Hac Vice (Former Employee) (Entered: 10/10/1996)

Oct. 10, 1996

Oct. 10, 1996

140

AFFIDAVIT of Gregory D. Crosslin by Philip Anfang Re [139−1] motion for Gregory D. Crosslin to Appear Pro Hac Vice by Philip Anfang (Former Employee) (Entered: 10/10/1996)

Oct. 10, 1996

Oct. 10, 1996

141

TRANSCRIPT for date of 8/8/95 (Court reporter: Thea Finklestein) (Former Employee) (Entered: 10/16/1996)

Oct. 16, 1996

Oct. 16, 1996

142

TRANSCRIPT for date of 8/9/96 (Court reporter: Thea Finkelstein) (Former Employee) (Entered: 10/16/1996)

Oct. 16, 1996

Oct. 16, 1996

143

TRANSCRIPT for date of 8/9/96 (Court reporter: Thea Finkelstein) (Former Employee) (Entered: 10/16/1996)

Oct. 16, 1996

Oct. 16, 1996

ENDORSEMENT granting [139−1] motion for Gregory D. Crosslin to Appear Pro Hac Vice ( signed by Senior Judge Ellen Bree Burns ) (Former Employee) (Entered: 10/17/1996)

Oct. 16, 1996

Oct. 16, 1996

144

ACKNOWLEDGED receipt of Index to Record on Appeal at USCA on 10/11/96 received re: [130−1] appeal by Robert Griffith, Brian Lensink, Dept of Mental Retardation, William A. O'Neill, State of Connecticut USCA Number: 96−6218 (Villano, P.) (Entered: 10/28/1996)

Oct. 23, 1996

Oct. 23, 1996

145

NOTICE of Quarterly Compliance Report by State of Connecticut, William A. O'Neill, Dept of Mental Retardation, Brian Lensink, Robert Griffith (Former Employee) (Entered: 11/22/1996)

Nov. 18, 1996

Nov. 18, 1996

146

MOTION by Southbury Training for Peter M. Lerner to Withdraw as Attorney (Former Employee) (Entered: 12/03/1996)

Dec. 2, 1996

Dec. 2, 1996

147

MOTION by Philip Anfang for Gregory D. Crosslin to Withdraw as Attorney (Lopez, B.) (Entered: 12/13/1996)

Dec. 9, 1996

Dec. 9, 1996

ENDORSEMENT granting [146−1] motion for Peter M. Lerner to Withdraw as Attorney (Terminated attorney Peter Morris Lerner for Southbury Training ( signed by Senior Judge Ellen Bree Burns ) (Former Employee) Modified on 12/27/2001 (Entered: 12/16/1996)

Dec. 16, 1996

Dec. 16, 1996

ENDORSEMENT granting [147−1] motion for Gregory D. Crosslin to Withdraw as Attorney ( signed by Senior Judge Ellen Bree Burns ) (Former Employee) (Entered: 12/16/1996)

Dec. 16, 1996

Dec. 16, 1996

148

NOTICE of Filing of Quarterly Compliance Reports by Robert Griffith, Brian Lensink, Dept of Mental Retardation, William A. O'Neill, State of Connecticut (Inferrera, L.) (Entered: 05/05/1997)

May 2, 1997

May 2, 1997

150

ORDER appointing David Ferleger as special master. Mr. Ferleger shall propose dudget &a detailed Order of Reference within 30 days. ( signed by Senior Judge Ellen Bree Burns ) (Inferrera, L.) (Entered: 07/15/1997)

July 15, 1997

July 15, 1997

151

REPORT to the Court: Order of Reference (Report #1) by Special Master David Ferleger (Inferrera, L.) (Entered: 07/29/1997)

July 29, 1997

July 29, 1997

152

ORDER REFERRING CASE to David Ferleger, Esq. as special master &approving Report #1 of the Special Master (signed by Senior Judge Ellen Bree Burns ) (Inferrera, L.) (Entered: 08/04/1997)

July 30, 1997

July 30, 1997

153

MANDATE OF USCA (certified copy) dated 7/31/97 dismissing [130−1] appeal for lack of appellate jurisdiction ( FXA, DJ, and PNL) (Former Employee) (Entered: 08/07/1997)

Aug. 4, 1997

Aug. 4, 1997

154

Response by State of Connecticut to [152−1] appointment of special master, including payment in the amount of $18,000.00, receipt #158290 (Former Employee) (Entered: 08/13/1997)

Aug. 13, 1997

Aug. 13, 1997

155

Special Master Statement for Fees and Services 7/15/97 through 8/22/97 by David Ferleger (Former Employee) (Entered: 09/02/1997)

Aug. 29, 1997

Aug. 29, 1997

156

Letter MOTION by David Ferleger to Extend deadline to submit quarterly compliance report to a date to be set by special master and no later than Jan. 1, 1998. (Former Employee) (Entered: 09/10/1997)

Sept. 10, 1997

Sept. 10, 1997

157

ORDER granting [156−1] motion to Extend deadline to submit quarterly compliance report to a date to be set by special master and no later than Jan. 1, 1998. ( signed by Senior Judge Ellen Bree Burns ) (Former Employee) (Entered: 09/10/1997)

Sept. 10, 1997

Sept. 10, 1997

158

NOTICE of filing quarterly compliance reports by Robert Griffith, Brian Lensink, Dept of Mental Retardation, William A. O'Neill, State of Connecticut (Former Employee) (Entered: 09/16/1997)

Sept. 16, 1997

Sept. 16, 1997

ENDORSEMENT approving for payment by Clerk [155−1] fees and services from 7/15/97 through 8/22/97 of special master in the amount of $17,256.32 ( signed by Senior Judge Ellen Bree Burns ) (Former Employee) (Entered: 09/17/1997)

Sept. 17, 1997

Sept. 17, 1997

159

Clerk's disbursement of funds in the amount of $ 17,256.32 to Special Master David Ferleger pursuant to [0−0] order dated 09/17/97 (Carfora, C.) (Entered: 09/23/1997)

Sept. 23, 1997

Sept. 23, 1997

160

Report to the Court: Quarterly Compliance Report Format and Content (Former Employee) (Entered: 09/29/1997)

Sept. 29, 1997

Sept. 29, 1997

161

Special Master Statement for Fees and Services from 8/23/7 through 9/22/97 and proposed approval order by David Ferleger, special master (Former Employee) (Entered: 10/02/1997)

Oct. 1, 1997

Oct. 1, 1997

162

Letter MOTION by David Ferleger to appoint part−time assistant to special master (Former Employee) (Entered: 10/22/1997)

Oct. 21, 1997

Oct. 21, 1997

ENDORSEMENT [162−1] motion to appoint part−time assistant to special master ordered accordingly ( signed by Senior Judge Ellen Bree Burns ) (Former Employee) (Entered: 10/22/1997)

Oct. 21, 1997

Oct. 21, 1997

ENDORSEMENT approving and adopting [161−1] notice re Special Master's payment, in amount of 9,609.83. ( signed by Senior Judge Ellen Bree Burns ) (Jefferson, V.) (Entered: 10/23/1997)

Oct. 22, 1997

Oct. 22, 1997

163

Clerk's disbursement of funds in the amount of $ 9,609.83 to David Ferleger,Special Master pursuant Check #3032 to [0−0] order dated 10/22/97 (Carfora, C.) (Entered: 10/24/1997)

Oct. 24, 1997

Oct. 24, 1997

165

Special Master Statement for Fees and Services from 9/23/97 through 10/22/97 by David Ferleger (Inferrera, L.) (Entered: 11/06/1997)

Nov. 5, 1997

Nov. 5, 1997

ENDORSEMENT approving and adopting [165−1] notice of payment to Special Master Ferleger in amount of $15,264.92 ( signed by Senior Judge Ellen Bree Burns ) (Jefferson, V.) (Entered: 11/13/1997)

Nov. 13, 1997

Nov. 13, 1997

166

NOTICE of filing of Quarterly compliance report with revised format and content by Robert Griffith, Brian Lensink, Dept of Mental Retardation, William A. O'Neill, State of Connecticut (Former Employee) (Entered: 11/18/1997)

Nov. 17, 1997

Nov. 17, 1997

167

LETTER dated 11/18/97, from Assistant Atty General James Welsh Regarding: Special Master Account by State of Connecticut, amount deposited: $36,000, receipt # 159158 (Jefferson, V.) (Entered: 11/19/1997)

Nov. 19, 1997

Nov. 19, 1997

168

Clerk's disbursement of funds in the amount of $ 15,264.92 to David Ferleger, Special Master pursuant to [0−0] order dated 11/13/97 (Carfora, C.) (Entered: 11/20/1997)

Nov. 20, 1997

Nov. 20, 1997

169

NOTICE re Statement for Fees and Services by Special Master David Ferleger, in amount of $11,656.41 (Jefferson, V.) (Entered: 12/08/1997)

Dec. 5, 1997

Dec. 5, 1997

ENDORSEMENT granting [169−1] notice of statement for fees and services in the amount of $11,656.41 ( signed by Senior Judge Ellen Bree Burns ) (Depino, F.) (Entered: 12/15/1997)

Dec. 5, 1997

Dec. 5, 1997

170

ORDER approving and adopting [164−1] report and recommendations of Special Master are now binding upon the parties by operation of the Order of Reference, page 6. Special Master recommends an extension of time until 4/1/98 re target date for the Remedial Plan. Special Master recommends that the Court approve the "Court−Ordered Requirements to the Deleted" which are attached to the first Quarterly Report. Court Approves and Adopts Recommendation 4. SEE for further details. ( signed by Senior Judge Ellen Bree Burns) (Jefferson, V.) (Pesta, J.). (Entered: 12/08/1997)

Dec. 8, 1997

Dec. 8, 1997

Case Details

State / Territory: Connecticut

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Civil Rights Division Archival Collection

Multi-LexSum (in sample)

Key Dates

Filing Date: July 25, 1986

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice, on behalf of residents of an institution for people with intellectual disabilities.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Connecticut, State

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

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

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1986 - 2009

Content of Injunction:

Monitor/Master

Recordkeeping

Monitoring

Hire

Reporting

Issues

General:

Assault/abuse by staff

Classification / placement

Deinstitutionalization/decarceration

Education

Fire safety

Habilitation (training/treatment)

Incident/accident reporting & investigations

Individualized planning

Neglect by staff

Reassessment and care planning

Record-keeping

Restraints : chemical

Restraints : physical

Sanitation / living conditions

Special education

Staff (number, training, qualifications, wages)

Disability:

disability, unspecified

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Dental care

Medical care, general

Medical care, unspecified

Mental health care, general

Mental health care, unspecified

Suicide prevention

Type of Facility:

Government-run