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 th…

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)

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 attrorneys, see: https://www.courtlistener.com/docket/8231287/parties/nys-assoc-for-retar-v-pataki/


Judge(s)

Bartels, John Ries (New York)

Dearie, Raymond Joseph (New York)

Friendly, Henry Jacob (New York)

Judd, Orrin Grimmell (New York)

Attorneys(s) for Plaintiff

Barrett, Anita Fisher (New York)

Beslity, James M. (New York)

Dinker, Morton B. (New York)

DuBose, Eugene Z. (District of Columbia)

Ennis, Bruce J. (District of Columbia)

Feldt, Robert L. (New York)

Judge(s)

Bartels, John Ries (New York)

Dearie, Raymond Joseph (New York)

Friendly, Henry Jacob (New York)

Judd, Orrin Grimmell (New York)

Attorneys(s) for Plaintiff

Barrett, Anita Fisher (New York)

Beslity, James M. (New York)

Dinker, Morton B. (New York)

DuBose, Eugene Z. (District of Columbia)

Ennis, Bruce J. (District of Columbia)

Feldt, Robert L. (New York)

Finkel, Kalman (New York)

Halpern, Charles R. (District of Columbia)

Hansen, Christopher A. (New York)

Haroules, Beth (New York)

Herr, Stanley (District of Columbia)

Hershkoff, Helen (New York)

Kirklin, John E. (New York)

Koltun, Elizabeth (New York)

Lado, Marianne Engelman (New York)

Laplace, Lisa J. (New York)

Leonard, Douglas (New York)

Levy, Robert M. (New York)

Mangones, Joan (New York)

Mueller, Roberta L. (New York)

Murray, Archibald R. (New York)

Neuborne, Burt (New York)

Redfield, Walter (New York)

Rivlin, Elisa M. (New York)

Schneps, Murray B. (New York)

Siegfried, Jonathan D. (New York)

Tanaka, Diana T. (New York)

Tepper, Julian (District of Columbia)

Weintraub, Henry S. (New York)

Weiss, Paul (New York)

Attorneys(s) for Defendant

Abrams, Robert W. (New York)

Briggs, Taylor R. (New York)

Brutten, Caren S. (New York)

Cohen, Leonard Arthur (New York)

Cole, Richard C. (New York)

Feigenbaum, Joy (New York)

Gordon, Judith A. (New York)

Kramer, Judith T. (New York)

Lefkowitz, Louis J. (New York)

Lewittes, Joel (New York)

Mehlman, Frederick K. (New York)

Pollack, Lawrence W. (New York)

Sistrom, Peter A. (New York)

Soloff, Brenda (New York)

Sperduto, Kim Hoyt (New York)

Weinstein, Jay T. (New York)

Wolfe, Richard Paul (New York)

Other Attorney(s)

Chaw, Terisa (District of Columbia)

Cook, Timothy M. (Pennsylvania)

Dorfman, Diane S. (District of Columbia)

Korman, Edward Robert (New York)

Landsberg, Brian K. (District of Columbia)

Lerner, Louise A. (District of Columbia)

Lottman, Michael S. (New York)

Marker, Jack R. (District of Columbia)

Pack, Leonard B. (New York)

Pottinger, J. Stanley (District of Columbia)

Reynolds, William Bradford (District of Columbia)

Rieser, Leonard (District of Columbia)

Wilkinson, J. Harvie III (District of Columbia)

Documents in the Clearinghouse

Document

1:72-cv-00356

Docket (PACER)

NYSARC v. Carey

June 26, 2007

June 26, 2007

Docket

73-00055

73-00113

Memorandum

NYSARC v. Rockefeller

April 10, 1973

April 10, 1973

Order/Opinion

1:72-cv-00356

72-cv-00357

Memorandum

NYSARC v. Carey

May 5, 1975

May 5, 1975

Order/Opinion

1:72-cv-00356

72-cv-00357

Opinion

NYSARC v. Carey

July 13, 1982

July 13, 1982

Order/Opinion

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

83-00213

Memorandum Decision

NYSARC v. Carey

Supreme Court of the United States

Oct. 17, 1983

Oct. 17, 1983

Order/Opinion

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 Sept. 3, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
111

Pre Motion Conference

Nov. 26, 2018

Nov. 26, 2018

PACER
112

Letter

Nov. 27, 2018

Nov. 27, 2018

PACER
113

Notice of Appearance

Dec. 11, 2018

Dec. 11, 2018

PACER

Order on Motion for Pre Motion Conference

Dec. 11, 2018

Dec. 11, 2018

PACER

Status Conference

Dec. 13, 2018

Dec. 13, 2018

PACER
122

Extension of Time to File Response/Reply

March 6, 2019

March 6, 2019

PACER

Order on Motion for Extension of Time to File Response/Reply

March 6, 2019

March 6, 2019

PACER

Order

March 6, 2019

March 6, 2019

PACER
123

Extension of Time to File Response/Reply

April 1, 2019

April 1, 2019

PACER

Order on Motion for Extension of Time to File Response/Reply

April 2, 2019

April 2, 2019

PACER
124

Letter

April 24, 2019

April 24, 2019

PACER
125

Attorney Fees

May 31, 2019

May 31, 2019

RECAP
126

Order

May 31, 2019

May 31, 2019

RECAP
127

Order

1

View on RECAP

3

View on RECAP

4

View on RECAP

May 31, 2019

May 31, 2019

PACER
128

Order

May 31, 2019

May 31, 2019

PACER
129

Order

May 31, 2019

May 31, 2019

PACER
130

Order

May 31, 2019

May 31, 2019

PACER
131

Order

May 31, 2019

May 31, 2019

PACER
132

Order

May 31, 2019

May 31, 2019

PACER
133

Order

May 31, 2019

May 31, 2019

PACER
134

Order

May 31, 2019

May 31, 2019

PACER
135

Order

May 31, 2019

May 31, 2019

PACER
136

Order

May 31, 2019

May 31, 2019

PACER
137

Order

May 31, 2019

May 31, 2019

PACER
138

Letter

July 1, 2019

July 1, 2019

PACER
139

Letter

July 2, 2019

July 2, 2019

PACER
140

MEMORANDUM & ORDER, Plaintiffs' 125 motion for attorneys' fees is granted, subject to the modifications discussed above and reflected in Appendix A. NYCLU counsel is awarded $2,791,737.90 and NYLPI counsel is awarded $110,763 for monitoring and enforcement work as well as the time spent preparing this fee application. NYCLU may recover $3,587.13 in costs. The Kasowitz firm is awarded $30,293.75 for its work preparing the fee application. Moving forward, with the assistance of OPWDD, class members must be provided notice of any fee application pursuant to Fed. R. Civ. P. 23(h), and Plaintiffs' counsel is required to submit fee requests on an annual basis. So Ordered by Judge Raymond J. Dearie on 7/22/2019. (Attachments: # 1 Appendix A) (Lee, Tiffeny)

1 Appendix A

View on PACER

July 22, 2019

July 22, 2019

RECAP
142

Attorney Fees

July 23, 2020

July 23, 2020

PACER
143

Attorney Fees

July 23, 2020

July 23, 2020

PACER
144

Order on Motion for Attorney Fees

Sept. 21, 2020

Sept. 21, 2020

PACER

Order on Motion for Attorney Fees

Sept. 21, 2020

Sept. 21, 2020

PACER
145

Attorney Fees

July 29, 2021

July 29, 2021

PACER
146

Letter

Sept. 8, 2021

Sept. 8, 2021

PACER
147

Stipulation

Sept. 14, 2021

Sept. 14, 2021

PACER
148

Letter

Sept. 14, 2021

Sept. 14, 2021

PACER
149

Order of Settlement

Sept. 14, 2021

Sept. 14, 2021

PACER

Order on Motion for Attorney Fees

Sept. 16, 2021

Sept. 16, 2021

PACER
150

Pre Motion Conference

Sept. 20, 2021

Sept. 20, 2021

PACER

Order(Other)

Sept. 22, 2021

Sept. 22, 2021

PACER
151

Extension of Time to File Response/Reply

Sept. 22, 2021

Sept. 22, 2021

PACER

Order on Motion for Pre Motion Conference

Sept. 23, 2021

Sept. 23, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply

Sept. 23, 2021

Sept. 23, 2021

PACER
152

Letter

Oct. 1, 2021

Oct. 1, 2021

PACER

Pre Motion Conference

Oct. 6, 2021

Oct. 6, 2021

PACER

Scheduling Order AND ~Util - Set Hearings

Oct. 7, 2021

Oct. 7, 2021

PACER
153

Notice of Appearance

Oct. 12, 2021

Oct. 12, 2021

PACER
154

Hearing

Oct. 18, 2021

Oct. 18, 2021

PACER

Order on Motion for Hearing

Oct. 18, 2021

Oct. 18, 2021

PACER

Telephone Conference

Oct. 18, 2021

Oct. 18, 2021

PACER
155

Status Report

Nov. 1, 2021

Nov. 1, 2021

PACER
156

Status Report

Nov. 23, 2021

Nov. 23, 2021

PACER
157

Withdraw as Attorney

Dec. 14, 2021

Dec. 14, 2021

PACER
158

Amend/Correct/Supplement

July 27, 2022

July 27, 2022

PACER
159

Order on Motion to Amend/Correct/Supplement

July 28, 2022

July 28, 2022

PACER
160

Attorney Fees

Aug. 5, 2022

Aug. 5, 2022

PACER

Order on Motion to Withdraw as Attorney

Aug. 19, 2022

Aug. 19, 2022

PACER

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

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

Order Duration: 1975 - 0

Content of Injunction:

Preliminary relief granted

Issues

General:

Aggressive behavior

Bathing and hygiene

Classification / placement

Confinement/isolation

Habilitation (training/treatment)

Sanitation / living conditions

Crowding:

Crowding / caseload

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Intellectual disability/mental illness dual diagnosis

Type of Facility:

Government-run