Filed Date: Jan. 20, 2009
Closed Date: May 22, 2015
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On December 19, 2005 the Department of Justice (DOJ), Civil Rights Division, initiated an investigation into the conditions and practices at the Connecticut Valley Hospital (CVH), the largest of five state-run psychiatric hospitals in the State of Connecticut, pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997 (CRIPA).
A report of findings was submitted to the governor of Connecticut on August 6, 2007. The DOJ’s investigation found that CVH regularly failed to: (1) adequately protect patients from harm and undue restraints; (2) provide adequate psychiatric and psychological services; and (3) ensure adequate discharge planning and placement in the most integrated setting appropriate to each patient’s individualized needs. The report formally put CVH on notice that failure to improve conditions would result in a lawsuit.
On January 20, 2009, the Department of Justice filed suit against the state of Connecticut and its Department of Mental Health and Addiction Services in U.S. District Court for the District of Connecticut for the aforementioned pattern of practices at CVH, that violated the constitutional and federal statutory rights of patients under the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997 (CRIPA). The lawsuit was filed along with a settlement agreement and joint motion to dismiss. Judge Alvin W. Thompson approved the settlement on July 8, 2009 and conditionally dismissed the suit.
In the settlement, Connecticut agreed to a wide variety of practice changes and a period of supervised operation. The state agreed to provide care and treatment “based on professional standards of practice that shall seek to: A. ameliorate symptoms such that a less restrictive locus of treatment may safely be employed; B. strengthen and support individuals’ rehabilitation and recovery; and C. enable individuals and grow and develop in ways benefiting their health and well-being.”
The settlement called for an environment that maximizes safety and is predicated on respect between the staff and those whom they serve. In addition, it mandated implementation of integrated treatment plans and interdisciplinary staff teams to increase the efficacy of treatment provided. Furthermore, the settlement outlined extensive changes in the psychiatric and psychological care provided in order to increase the safety and wellbeing of patients while also reducing the risk of harm and suicide that was extensive at CVH. Across the board, the settlement emphasized that care provided be consistent with generally accepted professional standards of care and that the environment at CVH be sufficiently humane to reduce the risk of harm. The settlement outlined a 48-month period of supervised implementation after which the agreement would terminate provided that CVH had demonstrated substantial compliance with the terms.
On September 25, 2013, the Court approved a notice of substantial compliance with certain terms of the settlement agreement and extension of termination that was filed by the State. On May 22, 2015, the Court approved the State’s notice of substantial compliance and motion to terminate the settlement agreement, effectively terminating the Court’s ability to enforce the agreement.
Although the notice of substantial compliance and motion to terminate was accepted and granted, news suggests that as late as mid-2017, patients at the Connecticut Valley Hospital continued to suffer from widespread abuse. On September 6, 2017, the Connecticut State Police announced the arrests of nine CVH employees on charges on cruelty to persons and disorderly conduct. Reports from the Associated Press and Channel 3 Eyewitness News (the New Haven area CBS news affiliate) detail violence, humiliation, and sexual harassment suffered by inmates at the hands of CVH employees.
Summary Authors
Andrew Plague (10/10/2017)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17951575/parties/united-states-v-connecticut/
Becker, Grace Chung (District of Columbia)
Brown Cutlar, Shanetta Y. (District of Columbia)
Dean, Kerry Krentler (District of Columbia)
Hughes, John B. (Connecticut)
Hoell, Jacqueline S. (Connecticut)
Thompson, Alvin W. (Connecticut)
Becker, Grace Chung (District of Columbia)
Brown Cutlar, Shanetta Y. (District of Columbia)
Dean, Kerry Krentler (District of Columbia)
Jackson, Shelley (District of Columbia)
Kim, Wan J. (District of Columbia)
Maddox, William G. (District of Columbia)
Mukasey, Michael B. (New York)
See docket on RECAP: https://www.courtlistener.com/docket/17951575/united-states-v-connecticut/
Last updated Jan. 25, 2024, 3:01 a.m.
State / Territory: Connecticut
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Jan. 20, 2009
Closing Date: May 22, 2015
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Civil Rights Division of the U.S. Department of Justice
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Connecticut Valley Hospital, Non-profit or advocacy
Defendant Type(s):
Case Details
Causes of Action:
Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 2009 - 2013
Content of Injunction:
Implement complaint/dispute resolution process
Issues
General:
Incident/accident reporting & investigations
Jails, Prisons, Detention Centers, and Other Institutions:
Placement in detention facilities
Placement in mental health facilities
Assault/abuse by staff (facilities)
Assault/abuse by non-staff (facilities)
Disability and Disability Rights:
Discrimination-basis:
Disability (inc. reasonable accommodations)
Medical/Mental Health:
Type of Facility: