Case: Benjamin B. v. Mario Cuomo

1:86-cv-04248 | U.S. District Court for the Eastern District of New York

Filed Date: Dec. 12, 1986

Closed Date: 1993

Clearinghouse coding complete

Case Summary

On December 12, 1986, adult patients with intellectual disabilities at the Creedmoor and South Beach Psychiatric Centers filed a lawsuit through their guardians in the U.S. District Court Eastern District of New York (Brooklyn), challenging their continued confinement. Plaintiffs' complaint, brought pursuant to 42 U.S.C. § 1983, alleged that plaintiffs all suffered from intellectual disabilities and were being denied proper care and treatment because of their continued confinement in state ps…

On December 12, 1986, adult patients with intellectual disabilities at the Creedmoor and South Beach Psychiatric Centers filed a lawsuit through their guardians in the U.S. District Court Eastern District of New York (Brooklyn), challenging their continued confinement. Plaintiffs' complaint, brought pursuant to 42 U.S.C. § 1983, alleged that plaintiffs all suffered from intellectual disabilities and were being denied proper care and treatment because of their continued confinement in state psychiatric centers which had no appropriate programs for persons with intellectual disabilities. Defendants included the state of New York and officials from the New York State Office of Mental Health ("OMH") and State Office of Mental Retardation and Developmental Disabilities ("OMRDD"). Plaintiffs were represented by the New York Lawyers For The Public Interest, Inc. They sought injunctive relief in the form of immediate transfers to a proper care.

Our case information is limited to the complaint and PACER docket. According to the docket (only contains entries for 1/93 to 3/94), the District Court (Judge Edward R. Korman) entered a stipulation of settlement on October 6, 1993. A subsequent stipulation for settlement as to the issue of attorneys' fees was entered on March 1, 1994. The State agreed to pay fees and costs to plaintiffs in the amount of resolving attorneys' fees $96,000.

We have no further information on this case.

Summary Authors

Dan Dalton (4/14/2007)

People


Judge(s)

Costantino, Mark Americus (New York)

Korman, Edward Robert (New York)

Attorneys(s) for Plaintiff

Golinker, Lewis (New York)

Semmel, Herbert (New York)

Attorneys(s) for Defendant

Abrams, Robert W. (New York)

Judge(s)

Costantino, Mark Americus (New York)

Korman, Edward Robert (New York)

Attorneys(s) for Plaintiff

Golinker, Lewis (New York)

Semmel, Herbert (New York)

Attorneys(s) for Defendant

Abrams, Robert W. (New York)

Documents in the Clearinghouse

Document

1:86-cv-04248

Docket (PACER)

Benjamin B. v. Cuomo

March 1, 1994

March 1, 1994

Docket

1:86-cv-04248

Complaint

Dec. 9, 1986

Dec. 9, 1986

Complaint

Resources

Docket

Last updated Aug. 12, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link

CASE reassigned to Judge Edward R. Korman (Mierzewski, Liz) (Entered: 07/20/1990)

July 10, 1990

July 10, 1990

See paper docket sheet for PRIOR docket entries. (fe) (Entered: 01/29/1993)

Jan. 29, 1993

Jan. 29, 1993

46

LETTER dtd 4/22/93 to Judge Korman from Herbert Semmel re: to advise of the current status of the case. (Roker, Michelle) (Entered: 04/29/1993)

April 29, 1993

April 29, 1993

47

LETTER dtd 5/27/93 to Judge Korman from Herbert Semmel re: counsel for parties have exchanged drafts of the settlement agreement. (Roker, Michelle) (Entered: 06/03/1993)

June 3, 1993

June 3, 1993

48

ORDER OF DISCONTINUANCE dtd 6/23/93, that the action is hereby discontinued, without prejudice tothe right to reopen. ( signed by Judge Edward R. Korman ) (Roker, Michelle) (Entered: 06/29/1993)

June 29, 1993

June 29, 1993

Case closed (Roker, Michelle) (Entered: 06/29/1993)

June 29, 1993

June 29, 1993

49

MAIL RETURNED Order of Discontinuance returned on 7/19/93 (Roker, Michelle) (Entered: 07/20/1993)

July 19, 1993

July 19, 1993

50

Letter dated 8/25/93 from Herbert Semmel to Judge Korman, re: notice of settlement and right to objections of the stip of settlement sent to four persons specified in paragraph 5. (Dobkin, David) (Entered: 09/10/1993)

Sept. 10, 1993

Sept. 10, 1993

51

STIPULATION OF SETTLEMENT dtd 8/27/93, stipulated and agreed by and among the plaintiff-class and defendants that all of the claims set forth in the amended and supplemental complaint, as aginst all defendants, are hereby settled and resolved, without trial and without any determination or concession of the merits of this action. ( signed by Judge Edward R. Korman ) (Roker, Michelle) (Entered: 10/06/1993)

Oct. 6, 1993

Oct. 6, 1993

52

SEALED DOCUMENT of Affidavit of Service of Stipulation of Settlement (date of sealing 10/4/93) placed in vault. (Roker, Michelle) (Entered: 10/06/1993)

Oct. 6, 1993

Oct. 6, 1993

53

LETTER dtd 9/28/93 to Judeg Korman from Herbert Semmel re: request that the Affidavit of Service be sent to the Clerk's Office with an order that it be sealed. (Roker, Michelle) (Entered: 10/14/1993)

Oct. 14, 1993

Oct. 14, 1993

54

STIPULATION OF SETTLEMENT OF ATTORNEYS FEES dtd 2/22/94, that the State of New York shall pay the total sum of Ninety-six Thousand Dollars ($96,000) in full payment of attorneys fees and costs incurred by plaintiffs in this litigation of this action.( signed by Judge Edward R. Korman ) (Roker, Michelle) (Entered: 03/01/1994)

March 1, 1994

March 1, 1994

Case Details

State / Territory: New York

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 12, 1986

Closing Date: 1993

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Mentally retarded residents of Creedmoor and South Beach Psychiatric Centers in New York.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York, State

New York, State

New York, State

New York, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

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:

Classification / placement

Education

Habilitation (training/treatment)

Placement in mental health facilities

Reassessment and care planning

Special education

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Intellectual disability/mental illness dual diagnosis

Mental health care, general

Type of Facility:

Government-run