Case: Nysarc & Parisi v. Carey

1:72-cv-00356 | U.S. District Court for the Eastern District of New York

Filed Date: Jan. 1, 1972

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 1, 1972, residents at the Willowbrook State School for the Mentally Retarded filed a class action lawsuit under 42 U.S.C. § 1983 against the State of New York in the U.S. District Court for the Eastern District of New York. The plaintiffs, represented by the New York Civil Liberties Union and the Legal Aid Society of Staten Island, asked the court for declaratory and injunctive relief, alleging that their constitutional rights had been violated by overcrowding, failure to protect the…

On January 1, 1972, residents at the Willowbrook State School for the Mentally Retarded filed a class action lawsuit under 42 U.S.C. § 1983 against the State of New York in the U.S. District Court for the Eastern District of New York. The plaintiffs, represented by the New York Civil Liberties Union and the Legal Aid Society of Staten Island, asked the court for declaratory and injunctive relief, alleging that their constitutional rights had been violated by overcrowding, failure to protect the physical safety of inmates, inadequate staffing, inadequate medical care, inadequate mental healthcare, and lack of sanitation.

On July 28, 1972, the U.S. District Court for the Eastern District of New York (Judge Orrin Grimmell Judd) certified the plaintiffs as a class. On April 10, 1973, the court denied the plaintiffs' requests for the immediate release of residents and the closing of the institution, but granted the plaintiffs' request for a preliminary injunction to protect the physical safety of the inmates. NYSARC v. Rockefeller, 357 F.Supp. 752 (E.D.N.Y. 1973).

In 1975, the parties entered into a consent decree, which they submitted to the court for approval. The consent decree provided for changes in the areas of physical environment, staffing, programs, and therapy for residents. On May 5, 1975, the district court approved the consent decree. NYSARC v. Carey, 393 F.Supp. 716, (E.D.N.Y. 1975).

Several years later, the plaintiffs asked the court to hold the defendants in contempt for violations of the consent decree. The defendants simultaneously asked the court to modify the consent decree. On July 13, 1982, the district court (Judge John Ries Bartels) denied the defendants' motion to modify the decree and held that they had violated the terms of the agreement. The court ordered the appointment of a special master to monitor compliance with the decree. NYSARC v. Carey, 551 F.Supp. 1165 (E.D.N.Y. 1982). The defendants appealed.

On March 31, 1983, the U.S. Court of Appeals for the Second Circuit affirmed the portion of the district court's order for the appointment of a special master, but reversed the district court's denial of the defendants' motion to modify the decree. The Second Circuit remanded the case to the district court. NYSARC v. Carey, 706 F.2d 956 (2nd Cir. 1983). Both parties appealed. On October 17, 1983, the U.S. Supreme Court declined to grant certiorari. NYSARC v. Carey, 464 U.S. 915 (1983).

As of April 18, 2007, the parties continue to litigate about enforcement of the order and about attorneys fees.

Summary Authors

Kristen Sagar (4/18/2007)

Sowon Yon (1/31/2026)

Related Cases

Society for Good Will to Retarded Children Inc. v. Cuomo, Eastern District of New York (1978)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8231287/parties/nys-assoc-for-retar-v-pataki/


Judge(s)

Bartels, John Ries (New York)

Attorney for Plaintiff

Abrams, David J. (New York)

Barrett, Anita Fisher (New York)

Beslity, James M. (New York)

Attorney for Defendant

Abrams, Robert W. (New York)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

1:72-cv-00356

Docket (PACER)

NYSARC v. Carey

June 26, 2007

June 26, 2007

Docket

1:73-00055

1:73-00113

Memorandum

NYSARC v. Rockefeller

April 10, 1973

April 10, 1973

Order/Opinion

357 F.Supp. 752

1:72-cv-00356

1:72-cv-00357

Memorandum

NYSARC v. Carey

May 5, 1975

May 5, 1975

Order/Opinion

393 F.Supp. 715

1:72-cv-00356

1:72-cv-00357

Opinion

NYSARC v. Carey

July 13, 1982

July 13, 1982

Order/Opinion

551 F.Supp. 1165

82-07441

82-07591

Opinion

NYSARC v. Carey

U.S. Court of Appeals for the Second Circuit

March 31, 1983

March 31, 1983

Order/Opinion

706 F.2d 956

83-00213

Memorandum Decision

NYSARC v. Carey

Supreme Court of the United States

Oct. 17, 1983

Oct. 17, 1983

Order/Opinion

464 U.S. 915

1:72-cv-00356

Final Judgment

NYSARC v. Parisi

April 30, 1985

April 30, 1985

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8231287/nys-assoc-for-retar-v-pataki/

Last updated Jan. 31, 2026, 2:24 p.m.

ECF Number Description Date Link Date / Link

Case closed. (Asreen, Wendy)

July 2, 1972

July 2, 1972

2

Calendar entry: Status Conference held before Judge Dearie on 7/14/97. ESR: Jeff Howell. Plaintiff's counsel may reply to defendants papers by 7/17/97. Status Conference set for 7/23/97 at 11:00 a.m. Lourdes Veyes admitted Pro Hac Vice. (Murphy, Margaret) (Entered: 07/16/1997)

July 14, 1997

July 14, 1997

1

LETTER dated 7/11/97 from Asst. Attorney General, Jay Weinstein and Richard Wolfe, Deputy Counsel of the Office of Mental Retardation and Developmental Disabilities to Judge Dearie, stating that defendants feel that the long-form auditing process is at an end, within the meaning of the Permanent Injunction and September 1995 Stipulation. (Asreen, Wendy) (Entered: 07/14/1997)

July 14, 1997

July 14, 1997

141

REFER TO MANUAL DOCKET FOR PRIOR ENTRIES AND COMPLETE LISTING OF PARTIES. (Asreen, Wendy) (Additional attachment(s) added on 2/27/2020: # 1 Copy of Original Complaint) (Mahoney, Brenna). (Additional attachment(s) added on 2/27/2020: # 2 Copy of Original Complaint 72cv357) (Mahoney, Brenna). (Entered: 07/14/1997)

July 14, 1997

July 14, 1997

4

June 30, 1997 Informational Report. (Piper, Francine) (Entered: 07/21/1997)

July 18, 1997

July 18, 1997

3

LETTER dated 7/18/97 from Jay T. Weinstein to Judge Dearie, Advising that the Office of Mental Retardation and Development Disabilities has met its obligations under paragraph twenty one of the permanent injunction and will continue to meet its obligations under the injunction and subsequent order of this court. Exhibit 1-3 attached. (Piper, Francine) (Entered: 07/21/1997)

July 21, 1997

July 21, 1997

5

LETTER dated 7/25/97 from Beth Haroules, Lourdes I. Reye to Judge Dearie, Providing a response to several of the points raised by dfts in their 7/11/97 and 7/18/97 submissions to the court. (Piper, Francine) (Entered: 07/29/1997)

July 25, 1997

July 25, 1997

6

STIP/ORDER (not dated) that parties settle pltffs' pending request for attorneys' fees & costs without any admission of liabiliy yby either party; the State of NY shall pay the princiapl sum of $143,319.45 in attorneys fees & costs; etc. (signed by Judge Raymond J. Dearie). (Greves, Liz) (Entered: 08/06/1997)

Aug. 6, 1997

Aug. 6, 1997

7

TRANSCRIPT filed for status conference held before Judge Raymond Dearie on 7/14/97. Counsel for all sides present. ESR: Jeffrey Howell. Court Transcriber: Shari Riemer. (Johnson, Tanya) Modified on 01/13/2000 (Entered: 07/27/1998)

July 15, 1998

July 15, 1998

10

Calendar entry: Order to Show Cause hearing held before Judge Dearie on 1/13/2000. Counsel for both sides present. Restraining order is vacated ; the parties agree, with the court's approval, to pursue the plain as outlined in the affidavit of Richard Wolfe. The parties shall monitor the criminal proceedings and report the disposition of this action to the Court. Court Reporter: S. Silverman. Set the next status conference for 2/3/2000 at 12:00 before Judge Raymond J. Dearie. (Johnson, Tanya) (Entered: 01/18/2000)

Jan. 13, 2000

Jan. 13, 2000

9

AFFIDAVIT by Richard Wolfe, Asst. General Counsel. (Johnson, Tanya) (Entered: 01/14/2000)

Jan. 13, 2000

Jan. 13, 2000

8

ORDER, that defendants and their agents, the New York State Office of Mental Retardation and Developmental Disabilities shall SHOW CAUSE on 1/13/2000 at 2:00 why an order should not be issued enforcing paragraphs 6,10,11 and 16 of the Permanent injunction and enjoining OMRDD or any of its agents or delegees, incuding the New York State Office of Mental Health and the Rochester Psychiatric Center, at this time from discharging and transfering Willowbrook Class Member Joseph McNulty from RPC Intermediate Treatmetn Program to the Monroe Developmental Center RITU unit located in Rochester NY. It is ordered that defendants, their agents, OMRDD, OMH and RPC, and their employees, servants or any other person acting on their behalf maintain Willowbrook Class Member Joseph McNulty at RPC, pending the hearing on plaintiffs' motion to enforce the permanent injunction. (Signed by Judge Raymond J. Dearie on 1/6/00) c/m (Johnson, Tanya) Modified on 01/14/2000 (Entered: 01/14/2000)

Jan. 14, 2000

Jan. 14, 2000

12

LETTER dated 1/12/00 from Leonard A. Cohen, Asst. Attorney General, to Judge Dearie enclosing a courtesy copy of the affidavit of Richard Wolfe. (Johnson, Tanya) (Entered: 01/26/2000)

Jan. 26, 2000

Jan. 26, 2000

11

TRANSCRIPT filed for order to show cause hearing held before Judge Raymond Dearie on 1/13/2000. Counsel for all sides present. Court Reporter: Sheldon Silverman. (Johnson, Tanya) (Entered: 01/26/2000)

Jan. 26, 2000

Jan. 26, 2000

13

STIPULATION and ORDER, that parties in this action hereby settle plaintiffs' request for attorneys' fees and costs for the period between 1/1/96 and 12/31/98. The State of New York shall pay the principal sum of $648,249.19 in attorneys' fees and costs. Interest on this amount will accrue at the statutory rate per annum commencing on the (91) day after receipt by the NYS Department of Law. *Refer to Document* (Signed by Judge Raymond J. Dearie on 3/3/00) c/m by chambers. (Johnson, Tanya) (Entered: 03/13/2000)

March 13, 2000

March 13, 2000

14

LETTER dated 2/2/2000 from Beth Haroules to Judge Dearie confirm conf. for Feb. 4/2000 is adjourned. (Jackson, Ramona) (Entered: 03/31/2000)

March 31, 2000

March 31, 2000

19

AFFIDAVIT by Kathleen Broderick, Esq. in opposition to plaintiffs' motioin for preliminary and permanent injunctive relief. (Johnson, Tanya) (Entered: 07/06/2000)

June 5, 2000

June 5, 2000

16

Calendar entry: Status conference held before Judge Glasser on 6/16/00. Case called, motion of the plaintiff for an order to show cause and a TRO argued. Court grants TRO until 6/21/00 at 4:30 p.m. before Judge Dearie. This also relates to CV 72-357 Court Reporter: Paul Lombardi (Lee, Tiffeny) Modified on 06/27/2000 (Entered: 06/20/2000)

June 16, 2000

June 16, 2000

17

Calendar entry: Conference held before Judge Dearie on 6/19/00. Case called on temporary restraining order. Order extended. Parties to call chambers to set next date when all other required parties may be present, including the father, and the counselor. The court will consider appointing a guardian but needs submissions from the parties. Court Reporter/ESR Allan Sherman. This case also relates to 72cv357. (Rodriguez,Angela) Modified on 06/27/2000 (Entered: 06/26/2000)

June 19, 2000

June 19, 2000

15

ORDER that defendants and their agents, the New York State Office of Mental Retardation and Developmental Disabilities shall SHOW CAUSE on 6/21/00 at 4:30 why an order should not be issued enoining OMRDD or any of its agents or delegees, from discharging and transferring Wollowbrook Class Member Louis Castro from Bedford Stuyvesant Community Mental Health. (Signed by Senior Judge I. L. Glasser on 6/16/00) (Johnson, Tanya) (Entered: 06/20/2000)

June 20, 2000

June 20, 2000

18

AFFIDAVIT by Richard Paul Wolfe, Esq., on behalf of the NYS Office of Mental Retardation and Developmental Disabilities. (Johnson, Tanya) (Entered: 07/06/2000)

July 5, 2000

July 5, 2000

24

Calendar entry: Status conference held before Judge Dearie on 7/6/00. Counsel for all sides present. Court Reporter/ESR : Not Noted. The next hearing will be held on 8/7/0 at 11:00. (Johnson, Tanya) (Entered: 08/10/2000)

July 6, 2000

July 6, 2000

20

AFFIRMATION by Ronald Karben, Esq. on behalf of the Mental Hygiene Legal Service in support of, w/some modification, petitioner's request for a preliminary injuction to restratin Julio Castro from discharging Louis Castro from his present residence, and take him to live in Puerto Rico. (Lee, Tiffeny) (Entered: 07/10/2000)

July 10, 2000

July 10, 2000

23

ORDER, The Court conducted a conference on 7/6/00 in the above captioned matter. A hearing was scheduled for 11:00 on 8/7/00 before Judge Raymond J. Dearie . Testimony will be taken regarding issues that remain before the Court. Signed by Judge Raymond J., on 7/10/00. c/m-Chambers (Lee, Tiffeny) (Entered: 07/12/2000)

July 12, 2000

July 12, 2000

22

Pltff's MEMORANDUM in support of [15-1] injunctive relief (Jackson, Ramona) (Entered: 07/12/2000)

July 12, 2000

July 12, 2000

21

Second Supplemental Declaration of Lourdes I Reyes Re: [15-1]in support of motion for preliminary permanent injunctive relief (Jackson, Ramona) (Entered: 07/12/2000)

July 12, 2000

July 12, 2000

25

Calendar entry: Conference held before Judge Dearie on 8/10/00. All parties present. Proposed visitation agreement considered. Parties to proceed with further discussions. (Rodriguez,Angela) (Entered: 09/08/2000)

Aug. 10, 2000

Aug. 10, 2000

26

Document labeled Proposed Transitional Visitations as to Julio and Luis Castro filed on 9/5/00. (Rodriguez,Angela) (Entered: 09/08/2000)

Sept. 5, 2000

Sept. 5, 2000

27

STIPULATION and ORDER regarding Luis Catro's anticipated visits to his father's home in Puerto Rico. ( signed by Judge Raymond J. Dearie on 9/20/00) see document for conitions of the visits. c/m by chambers. (Rodriguez,Angela) Modified on 09/29/2000 (Entered: 09/29/2000)

Sept. 29, 2000

Sept. 29, 2000

28

STIPULATION and ORDER, that plaintiffs' request for attorney fees and costs for services rendered by the NY Civil Liberties Union Foundation for the period 1/1/99 and 12/31/99 is settled by parties. The State of New York shall pay the principal sum of $172,359.71 in attorney's fees and costs. (See doc for details) (Signed by Judge Raymond J. Dearie) (Johnson, Tanya) (Entered: 04/26/2001)

April 26, 2001

April 26, 2001

29

STIPULATION and ORDER: The parties hereby settle plaintiff's request for attorney fees and costs for services rendered by the NY Civil Liberties Union Foundation for the period between 1/1/00 and 12/31/00. The State of NY shall pay the sum of $181,088.83 in attorney's fees and costs. Payment shall be made within 90 days after receipt of copy of this stipulation. (See doc for further details). C/M. ( signed by Judge Raymond J. Dearie, on undated) (Chee, Alvin) (Entered: 03/13/2002)

March 13, 2002

March 13, 2002

30

SCHEDULING ORDER: Status conference has been scheduled for 7/15/02 at 12:30. (Signed by Judge Raymond J. Dearie, on 7/3/02). c/m. (fe) (Entered: 07/09/2002)

July 9, 2002

July 9, 2002

31

LETTER dated 7/9/02 from Leonard Cohen, Esq. to Hon. Raymond Dearie outlining deft's position on three issues raised in Mrs. Haroules' 6/21/02 letter. Affidavit of Broderick and Wolfe, Exhibits 1-3 attached. (Chee, Alvin) (Entered: 07/11/2002)

July 11, 2002

July 11, 2002

33

Calendar entry: before Judge Dearie on 7/15/02 for status conference. Counsel for parties present. Discussion held on the record. Court sets evidentiary hearing for 10/27/02 at 10 AM. Court Reporter: Ron Tolkin. (Chee, Alvin) (Entered: 07/19/2002)

July 15, 2002

July 15, 2002

35

Calendar entry: Case called before Judge Dearie on date of 07/17/02 for Status Conference. Counsel for both sides present. Case called for civil status conference, re: Attorney fees dispute. Discussion held on record. Defense letter due August 8, 2002. Response letter of plaintiff due August 22, 2002. Court Reporter Ronald Tolkin. (Lee, Stephen) (Entered: 07/23/2002)

July 17, 2002

July 17, 2002

32

LETTER dated 7/11/02 from Leanne Moser, Esq. to Hon. Raymond Dearie regarding the community placement of Willowbrook class member Joseph McNulty. (Chee, Alvin) (Entered: 07/18/2002)

July 18, 2002

July 18, 2002

34

SCHEDULING ORDER: An evidentiary hearing is scheduled for 10/17/02 at 10 AM before Judge Dearie. C/M by chambers. ( signed by Judge Raymond J. Dearie, on 7/19/02) (Chee, Alvin) (Entered: 07/19/2002)

July 19, 2002

July 19, 2002

36

TRANSCRIPT OF STATUS CONFERENCE BEFORE THE HONORABLE JUDGE RAYMOND J. DEARIE filed for for dates of 7/15/02 at 12:30 p.m. Beth Haroules Esq. present for Pltff. Roberta L. Mueller Esq and Amanda Masters Esq present for Class Members. Leonard A. Cohen Esq. present for Deft OMRDD. COURT REPORTER: RONALD E. TOLKIN (McGee, Maryann) (Entered: 10/01/2002)

Oct. 1, 2002

Oct. 1, 2002

38

ORDER Pursuant to NYS Mental Hygiene Law: 33.13(C)(2): Ordered that the NYS Office of Mental Retardation and Developmental Disabilities (OMRDD) release all records and clinical information concerning the individuals proposed as Mr. McNulty's housemates in the Pennfield residence to plaintiffs' counsel, to Ronnie Cohn, the Willowbrook Independent Evaluator, and to Edward Hughes, an expert retained by plaintiffs' counsel. Ordered that OMRDD permit all clinical staff and other staff providing direct care services to Mr. McNulty's proposed housemates to be interviewed by any or either of plaintiffs' counsel, Ms. Cohn and Mr. Hughes. Ordered that all confidential or clinical materials concerning such individuals will be considered by the Court in connection with any evidentiary hearing concerning the proposed Pennfield residential placement in camera. Ordered that if any paper which incorporates any confidential or clinical material or reveals confidential or clinical materials is filed in this Court, those portions of the papers shall be delivered to the Court enclosed in a sealed envelope bearing the caption CONFIDENTIAL. C/M. ( signed by Judge Raymond J. Dearie, on 10/9/02) (Chee, Alvin) (Entered: 10/11/2002)

Oct. 11, 2002

Oct. 11, 2002

37

LETTER dated 10/7/02 from Beth Haroules, Esq. to Hon. Raymond Dearie enclosing a proposed motion for an order permitting the release of clinical records and clinical information concerning the individuals proposed as Mr. McNulty's housemates in the Pennfield residence to plaintiffs' counsel, to Ronnie Cohn, the Willowbrook Independent Evaluator, and to Edward Hughes, an expert retained by plaintiff's counsel. Motion for order pursuant to NYS Mental Hygiene Law: 33.13(C)(2) and declaration in support attached. (Chee, Alvin) (Entered: 10/11/2002)

Oct. 11, 2002

Oct. 11, 2002

39

STIPULATION of Settlement: The parties to the above action hereby settle plaintiff's request for attorney fees and costs for services rendered by NY Lawyers for the Public Interest, Inc. (NYLPI) and/or its principals, employees or agents, and pro bono counsel Davis Polk & Wardwell, for the period between 1/1/99 and 12/31/99, and do so without any admission or acknowledgment of liability by any party. The State of NY shall pay the principal sum of $178,675 in attorney's fees and costs pursuant to 42:1988. This stipulation is without prejudice to plaintiff's right to seek, and defts' right to oppose, recovery of attorney's fees, costs and expenses for services rendered in this case after 12/31/99. This stipulation also is without prejudice to plaintiffs' right to seek recovery of attorneys' fees, costs and expenses from any party other than the State defts for any services rendered in this case. C/M. ( signed by Judge Raymond J. Dearie, undated) (Chee, Alvin) (Entered: 10/15/2002)

Oct. 15, 2002

Oct. 15, 2002

41

LETTER dated 10/15/02 from Beth Haroules, Esq. to Hon. Raymond Dearie advising the court that the parties have an agreement concerning the appropriate residential placement for Joseph McNulty. Accordingly, it is no longer necessary for the Court to conduct an evidentiary hearing on 10/17/02. (Chee, Alvin) (Entered: 10/21/2002)

Oct. 21, 2002

Oct. 21, 2002

40

LETTER dated 10/10/02 from Leonard Cohen, Esq. to Hon. Raymond Dearie regarding the standard to be applied to resolve disputes as to the placement of Joseph McNulty in a community residence in Penfield, NY. (Chee, Alvin) (Entered: 10/21/2002)

Oct. 21, 2002

Oct. 21, 2002

44

STIPULATION AND ORDER "Penfield House": This stipulation, inter alia, directs defts to create and continue a residential placement in Penfield, NY under specified conditions for Willowbrook class member Joe M., whose status was the subject of a conference before the Court in July 2002. C/M. Signed by Judge Raymond J. Dearie on 5/15/03. (Chee, Alvin) (Entered: 05/19/2003)

May 19, 2003

May 19, 2003

43

STIPULATION AND ORDER "Consumer Advisory Board": This stipulation, inter alia, directs defts to create and fund three intermediate supervisory Willowbrook Consumer Advisory Board staff positions at a pay grade upon which the parties have agreed. C/M. Signed by Judge Raymond J. Dearie on 5/15/03. (Chee, Alvin) (Entered: 05/19/2003)

May 19, 2003

May 19, 2003

42

STIPULATION AND ORDER "Community Status Returns": This stipulation, inter alia, permits the Willowbrook class to be expanded to formally include 104 individuals who meet certain criteria upon which the parties have agreed. C/M. Signed by Judge Raymond J. Dearie on 5/15/03. (Chee, Alvin) (Entered: 05/19/2003)

May 19, 2003

May 19, 2003

45

STIPULATION AND ORDER: The parties hereby settle plaintiffs' request for attorney's fees and costs for services rendered by the NY Civil Liberties Union Foundation for the period between 1/1/01 and 12/31/02. The State of NY shall pay the total sum of $361,474.81, attributable between the two years as follows: $168,135.21 for calendar year 2001, and $193,339.60 for calendar year 2002. C/M. Signed by Judge Raymond J. Dearie, undated. (Chee, Alvin) (Entered: 11/05/2003)

Nov. 5, 2003

Nov. 5, 2003

46

STIPULATION AND ORDER of Settlement: The parties settle plaintiffs' request for attorneys' fees and costs for services rendered by New York Lawyers for the Public Interest, Inc. and pro bono counsel Davis Polk & Wardwell, for the period between 1/1/00 and 12/31/02. The State of NY shall pay the principal sum of $400,000 in attorney's fees and costs pursuant to 42:1988. C/M. Signed by Judge Raymond J. Dearie on undated. (Chee, Alvin) (Entered: 02/17/2004)

Feb. 17, 2004

Feb. 17, 2004

47

STIPULATION AND ORDER OF SETTLEMENT: The parties settle plaintiffs' request for attorneys' fees and costs for services rendered by NYLPI and/or its principals, employees or agents for the period between 1/1/03 and 12/31/03. The State of NY shall pay the principal sum of $32,680 in attorney's fees and costs pursuant to 42 USC 1988. C/M. Signed by Judge Raymond J. Dearie on 1/18/05. (Chee, Alvin) (Entered: 01/26/2005)

Jan. 26, 2005

Jan. 26, 2005

49

NOTICE of Appearance by Beth Haroules on behalf of New York State Association for Retarded Children (Haroules, Beth) (Entered: 11/18/2005)

Nov. 18, 2005

Nov. 18, 2005

48

Letter from NYCLU to Hon. Raymond J. Dearie Regarding NYCLU 2003-4 fees. (Attachments: # 1 stipulation concerning 2003-4 attorneys fees)(Haroules, Beth) (Entered: 11/18/2005)

Nov. 18, 2005

Nov. 18, 2005

50

STIPULATION AND ORDER: The parties hereby settle plaintiffs' request for attorney's fees and costs for services rendered by the NY Civil Liberties Union Foundation for the period between 1/1/03 and 12/31/04. The State of NY shall pay the sum of $475,000 in attorney's fees and costs pursuant to 42 U.S.C. 1988. C/M. Ordered by Judge Raymond J. Dearie on undated. (Chee, Alvin) (Entered: 11/28/2005)

Nov. 28, 2005

Nov. 28, 2005

51

Letter requesting pre-motion conference by New York State Association for Retarded Children. (Haroules, Beth) (Entered: 12/12/2006)

Dec. 12, 2006

Dec. 12, 2006

52

NOTICE of Appearance by Lisa J. Laplace on behalf of New York State Association for Retarded Children (Laplace, Lisa) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

Email Notification Test - DO NOT REPLY. (Barrett, C.)

Dec. 19, 2006

Dec. 19, 2006

53

Letter in Response to Plaintiff's 12/7/06 Request for Pre-Motion Conference by George Pataki. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Cohen, Leonard) (Entered: 12/22/2006)

Dec. 22, 2006

Dec. 22, 2006

54

NOTICE of Appearance by Roberta L. Mueller on behalf of New York State Association for Retarded Children (Mueller, Roberta) (Entered: 12/26/2006)

Dec. 26, 2006

Dec. 26, 2006

55

SCHEDULING ORDER: A pre-motion conference has been scheduled for 1/24/07 at 12 PM before Judge Dearie. C/M by chambers. Ordered by Judge Raymond J. Dearie on 1/10/07. (Chee, Alvin) (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

56

Letter to Judge Dearie dated January 16, 2007 by New York State Association for Retarded Children (Laplace, Lisa) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

57

STIPULATION AND ORDER: The parties hereby settle plaintiffs' request for attorney's fees and costs for services rendered by NYLPI and/or its principals, employees or agents for the period between 1/1/04 and 12/31/05. The State of New York shall pay the sum of $35,000 in attorney's fees and costs pursuant to 42 U.S.C. 1988. C/M. Signed by Judge Raymond J. Dearie, undated. (Chee, Alvin) (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

58

Minute Entry for proceedings held before Raymond J. Dearie: Pre Motion Conference held on 1/24/2007. Counsel for parties present. Discussion held. Court sets following briefing schedule: Plaintiff's motion due 2/16/2007. Defendant's response due 3/12/2007. Plaintiff's brief reply due: 3/23/2007. Court will schedule oral argument when motion is fully briefed. (Court Reporter ESR.) (Abdallah, Fida) (Entered: 01/26/2007)

Jan. 24, 2007

Jan. 24, 2007

59

TRANSCRIPT of Pre-Motion Conference before Hon. Raymond J. Dearie for date of 1/24/07. Official Transcriber: Rosalie Lombardi. (Chee, Alvin) (Entered: 02/01/2007)

Feb. 1, 2007

Feb. 1, 2007

NOTICE TO COUNSEL: Plaintiff's Motion for Permanent Injunction, previously filed as document #60, has been terminated and removed from the docket sheet. Pursuant to Judge Dearie's Individual Motion Practice Rules, motions should not be filed until fully briefed (http://www.nyed.uscourts.gov/pub/rules/RJD-MLR.pdf). Counsel is directed to re-file the motion at the appropriate time. (Chee, Alvin)

Feb. 16, 2007

Feb. 16, 2007

60

Letter requesting extension to serve response to plaintiffs' mtion for an order regarding the form of the Medicaid "exception" trust for Willowbrook class members by George Pataki (Sistrom, Peter) (Entered: 02/28/2007)

Feb. 28, 2007

Feb. 28, 2007

ENDORSED ORDER: Application granted. Briefing schedule on plaintiffs' motion for an order regarding the form of the Medicaid "exception" trust for Willowbrook class members modified as follows: Defendants' response due 4/9/07; plaintiffs' reply due 4/20/07. Endorsed on document #60. Ordered by Judge Raymond J. Dearie on 3/1/07. (Chee, Alvin)

March 1, 2007

March 1, 2007

61

STIPULATION to Amend Caption by New York State Association for Retarded Children (Laplace, Lisa) (Entered: 03/19/2007)

March 19, 2007

March 19, 2007

62

Letter requesting revision of briefing schedule by George Pataki (Sistrom, Peter) (Entered: 04/06/2007)

April 6, 2007

April 6, 2007

ENDORSED ORDER: Application granted. Briefing schedule on plaintiffs' motion for an order regarding the form of the Medicaid "exception" trust for Willowbrook class members modified as follows: Defendants' response due 4/27/07; plaintiffs' reply due 5/11/07. Endorsed on document #62. Ordered by Judge Raymond J. Dearie on 4/9/07. (Chee, Alvin)

April 9, 2007

April 9, 2007

63

Letter requesting (on consent) extension of defendants' time to respond to motion regarding form of Medicaid "exception" trust for class members by George Pataki (Sistrom, Peter) (Entered: 04/24/2007)

April 24, 2007

April 24, 2007

ENDORSED ORDER: Application granted. Briefing schedule on plaintiffs' motion for an order regarding the form of the Medicaid "exception" trust for Willowbrook class members modified as follows: Defendants' response due 5/25/07; plaintiffs' reply due 6/8/07. Endorsed on document #63. Ordered by Judge Raymond J. Dearie on 4/25/07. (Chee, Alvin)

April 25, 2007

April 25, 2007

64

Letter requesting (on consent) extension of time for defendants' to respond to motion for order regarding the form of Medicaid "exception" trust by George Pataki (Sistrom, Peter) (Entered: 05/24/2007)

May 24, 2007

May 24, 2007

ENDORSED ORDER: Application granted. Briefing schedule on plaintiffs' motion for an order regarding the form of the Medicaid "exception" trust for Willowbrook class members modified as follows: Defendants' opposition due 6/15/07; plaintiffs' reply due 6/29/07. Endorsed on document #64. Ordered by Judge Raymond J. Dearie on 5/25/07. (Chee, Alvin)

May 25, 2007

May 25, 2007

65

Letter requesting (on consent) extension of time for defendants' to respond to motion for order regarding the form of Medicaid "exception" trust by George Pataki (Sistrom, Peter) (Entered: 06/14/2007)

June 14, 2007

June 14, 2007

66

STIPULATION AND ORDER with respect to the Medicaid exemption trusts. See document for further details. Ordered by Judge Raymond J. Dearie on 6/25/07. (Attachments: # 1 cover letter to Hon. Raymond J. Dearie describing contents of stipulation and order) (Chee, Alvin) (Entered: 06/26/2007)

June 26, 2007

June 26, 2007

67

STIPULATION AND ORDER OF SETTLEMENT: The parties to the above action hereby settle Pltffs' request for attorneys' fees and costs for services rendered by NYLPI and/or its principals, employees or agents, for the period between 1/1/2006 and 12/31/2006, and do so w/out any admission or acknowledgment of liability by any party. Ordered by Chief Judge Raymond J. Dearie (undated). See attached for further details. (Abdallah, Fida) (Entered: 04/30/2008)

April 30, 2008

April 30, 2008

68

STIPULATION by New York State Association for Retarded Children (Attachments: # 1 cover letter) (Haroules, Beth) (Entered: 05/15/2008)

May 15, 2008

May 15, 2008

69

NOTICE of Appearance by Jane R. Goldberg on behalf of George Pataki (aty to be noticed) (Goldberg, Jane) (Entered: 05/19/2008)

May 19, 2008

May 19, 2008

70

STIPULATION AND ORDER OF SETTLEMENT: The parties to the above action hereby settle Pltffs' request for attorneys' fees and costs for services rendered by NYCLU Foundation for the period between 1/1/2005 and 12/31/2006, and do so w/out any admission or acknowledgment of liability by any party. Ordered by Chief Judge Raymond J. Dearie (undated). See attached for further details. (Siegfried, Evan) (Entered: 05/21/2008)

May 21, 2008

May 21, 2008

71

STIPULATION AND ORDER OF SETTLEMENT: The parties to this action hereby settle plaintiffs' request for attorneys' fees and costs for services rendered by NYLPI for the period between 1/1/07 and 12/31/07. The State of New York shall pay the principal sum of $27,000.00 in attorney's fees and costs pursuant to 42 U.S.C. § 1988. Ordered by Chief Judge Raymond J. Dearie on 1/14/2009. (Chee, Alvin) (Entered: 01/14/2009)

Jan. 14, 2009

Jan. 14, 2009

72

STIPULATION and Order of Settlement by George Pataki (Goldberg, Jane) (Entered: 04/19/2010)

April 19, 2010

April 19, 2010

73

STIPULATION AND ORDER OF SETTLEMENT: The parties to this action hereby settle plaintiffs' request for attorneys' fees and costs for services rendered by NYLPI for the period between 1/1/08 and 12/31/08. The State of New York shall pay the principal sum of $39,500.00 in attorney's fees and costs pursuant to 42 U.S.C. § 1988. Ordered by Chief Judge Raymond J. Dearie on 4/20/2010. (Chee, Alvin) (Entered: 04/20/2010)

April 20, 2010

April 20, 2010

74

STIPULATION and Order relating to attorneys fees for calendar years 2007, 2008, 2009 by New York State Association for Retarded Children (Attachments: # 1 Cover letter) (Haroules, Beth) (Entered: 11/18/2010)

Nov. 18, 2010

Nov. 18, 2010

75

STIPULATION AND ORDER OF SETTLEMENT: The parties to this action hereby settle plaintiffs' request for attorneys' fees and costs for services rendered by the NYCLU for the period between 1/1/07 and 12/31/09. The State of New York shall pay the total principal sum of $1,168,589.90 in attorney's fees and costs pursuant to 42 U.S.C. § 1988. Ordered by Chief Judge Raymond J. Dearie on 11/19/2010. (Chee, Alvin) (Entered: 11/19/2010)

Nov. 19, 2010

Nov. 19, 2010

76

STIPULATION concerning request for attorrneys' fees by New York State Association for Retarded Children (Attachments: # 1 Proposed Order) (Haroules, Beth) (Entered: 08/22/2012)

Aug. 22, 2012

Aug. 22, 2012

77

STIPULATION AND ORDER: The parties to this action hereby settle plaintiffs' request for attorney's fees and costs for services rendered by the NYCLU for the period between 1/1/10 and 12/31/11. The State of New York shall pay the total principal sum of $581,053.81 in attorney's fees and costs pursuant to 42 U.S.C. § 1988. Ordered by Judge Raymond J. Dearie on 8/28/2012. (Chee, Alvin) (Entered: 08/30/2012)

Aug. 30, 2012

Aug. 30, 2012

78

STIPULATION and Order of Settlement by George Pataki (Goldberg, Jane) (Entered: 02/05/2014)

Feb. 5, 2014

Feb. 5, 2014

79

ORDER Approving 78 Stipulation and Order of Settlement: The parties hereby settle plaintiffs' request for attorneys' fees and costs for services rendered by New York Lawyers for the Public Interest, Inc., for the period between 1/1/09 and 12/31/12. The State of New York shall pay the principal sum of $112,812.00 in attorney's fees and costs. Ordered by Judge Raymond J. Dearie on 2/11/2014. (Chee, Alvin) (Entered: 02/11/2014)

Feb. 11, 2014

Feb. 11, 2014

81

Letter (revised filing to include attachments) by National Archives and Records Administration (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Kolbe, Margaret) (Entered: 03/07/2014)

March 7, 2014

March 7, 2014

80

Letter filed by USAO on behalf of by National Archives and Records Administration (Kolbe, Margaret) (Entered: 03/07/2014)

March 7, 2014

March 7, 2014

85

Letter re NARA request to provide public access to Willowbrook conditions photographs, docket items 80-84 by New York State Association for Retarded Children (Haroules, Beth) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

84

CERTIFICATE OF SERVICE by National Archives and Records Administration (Kolbe, Margaret) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

83

ORDER re 81 Letter filed by National Archives and Records Administration regarding release of photos: Do not release photos without further order of the Court; provide notice via copy of this letter to parties to the litigation. C/M. Ordered by Judge Raymond J. Dearie on 3/14/2014. (Chee, Alvin) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

82

NOTICE by National Archives and Records Administration to repond prior to March 28 if any objections to release of photographs (Kolbe, Margaret) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

86

Letter from National Archives to NYCLU (counsel for plaintiff class) providing photos for inspection by National Archives and Records Administration (Kolbe, Margaret) (Entered: 03/26/2014)

March 26, 2014

March 26, 2014

87

Letter concerning March 7, 2014 request by NARA to permit public access to photographic materials relating to conditions at then-Willowbrook State School by New York State Association for Retarded Children (Haroules, Beth) (Entered: 03/31/2014)

March 31, 2014

March 31, 2014

ELECTRONIC ORDER re 83 Order, 87 Letter filed by New York State Association for Retarded Children. With the consent of the parties, the Court authorizes the public release of the photographs. So Ordered by Judge Raymond J. Dearie on 4/1/2014. (Mulqueen, Ellen)

April 1, 2014

April 1, 2014

88

Letter, per Court's Individual Motion Practices IIIA, request for pre-motion conference relating to plaintiffs' motion, inter alia, to disqualify OPWDD Counsel in accord with NYS Rules of Professional Conduct 1.11(d)(1) by New York State Association for Retarded Children (Haroules, Beth) (Entered: 09/16/2014)

Sept. 16, 2014

Sept. 16, 2014

90

Letter in response to Docket No. 89 order relating to Docket No. 88 request for pre-motion conference concerning disqualification of OPWDD General Counsel by New York State Association for Retarded Children (Haroules, Beth) (Entered: 09/17/2014)

Sept. 17, 2014

Sept. 17, 2014

89

ORDER re 88 Letter requesting pre motion conference: The Rule seems clear and professional courtesy would been appropriate. The parties are directed to confer; if thereafter a motion is actually required, pre motion conference waived. Advise Court within 10 days. Ordered by Judge Raymond J. Dearie on 9/17/2014. (Chee, Alvin) (Entered: 09/17/2014)

Sept. 17, 2014

Sept. 17, 2014

91

STIPULATION and Order of Settlement by George Pataki (Goldberg, Jane) (Entered: 12/22/2015)

Dec. 22, 2015

Dec. 22, 2015

Case Details

State / Territory:

New York

Case Type(s):

Intellectual Disability (Facility)

Key Dates

Filing Date: Jan. 1, 1972

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

residents at the Willowbrook State School for the Mentally Retarded

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Willowbrook Developmental Center, State

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

Eastern District of New York 1:72-cv-00356

Eastern District of New York 1:72-cv-00357

U.S. Court of Appeals for the Second Circuit 82-07441

U.S. Court of Appeals for the Second Circuit 82-07591

Supreme Court of the United States 83-00213

Eastern District of New York 1:73-00055

Eastern District of New York 1:73-00113

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Aggressive behavior

Bathing and hygiene

Classification / placement

Sanitation / living conditions

Disability and Disability Rights:

Intellectual/developmental disability, unspecified

Jails, Prisons, Detention Centers, and Other Institutions:

Confinement/isolation

Crowding (General)

Habilitation (training/treatment)

Medical/Mental Health Care:

Intellectual disability/mental illness dual diagnosis