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.

Kristen Sagar - 04/18/2007


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