University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name State of Connecticut Office of Protection and Advocacy for Persons With Disabilities v. Connecticut PB-CT-0003
Docket / Court 3:06-cv-00179 ( D. Conn. )
State/Territory Connecticut
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization Bazelon Center
Relman, Dane & Colfax
Case Summary
On February 6, 2006 the plaintiffs, an independent state agency charged with advocating for disabled persons and several mentally disabled persons residing in nursing facilities, filed suit against the State of Connecticut, the State of Connecticut Department of Mental Health and Addiction Services, ... read more >
On February 6, 2006 the plaintiffs, an independent state agency charged with advocating for disabled persons and several mentally disabled persons residing in nursing facilities, filed suit against the State of Connecticut, the State of Connecticut Department of Mental Health and Addiction Services, the State of Connecticut Department of Public Health, and the State of Connecticut Department of Social Services in the United States District Court for the District of Connecticut. They claimed that the defendants were violating the Americans with Disabilities Act and the Rehabilitation Act. Their central allegation was that Connecticut was warehousing and segregating mentally ill patients who desired community-based treatment in three nursing facilities that were either locked or severely limited the ability of residents to leave the facility.

On March 31, 2010 the district court (Judge Alvin W. Thompson) denied the defendants' motions to dismiss and certified the case as a class action. The class consists of persons with mental illness individuals who desire to and are capable of receiving community-based treatment and are institutionalized in Chelsea Place Care Center, Bidwell Care Center, or West Rock Health Care Center or are at risk of entry into these facilities.

Discovery proceeded throughout the rest of 2010 and into 2011. In April 2011, Judge Thompson granted the parties' joint motion to stay the case so that they could try to negotiate a settlement. For the next three years, the parties negotiated.

On June 17, 2014, the parties reached a settlement agreement, which was approved by Judge Thompson on July 2.

The settlement agreement required the state to ensure that all class members who were eligible for community-based services in a community-based setting were afforded those services if so desired. The state also had to explain the benefits of community-based services and settings to all members of the class. Moreover, even for those class members who choose to remain in the nursing homes (and not take advantage of a community-based setting), the state must continue to discuss and recommend community-based settings with them. The parties also agreed to the appointment of a remedial expert to ensure the state's compliance with the settlement agreement.

The state also agreed to pay $1.3 Million in attorneys' fees to the plaintiffs.

Michael Perry - 01/25/2011
Andrew Junker - 10/22/2014


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Benefit Source
Medicaid
Content of Injunction
Monitoring
Reasonable Accommodation
Defendant-type
Hospital/Health Department
Jurisdiction-wide
Disability
disability, unspecified
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Access to public accommodations - governmental
Classification / placement
Confinement/isolation
Habilitation (training/treatment)
Placement in mental health facilities
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Recreation / Exercise
Rehabilitation
Medical/Mental Health
Intellectual disability/mental illness dual diagnosis
Medicare eligibility determination
Mental health care, general
Mental health care, unspecified
Mental Disability
Intellectual/developmental disability, unspecified
Mental Illness, Unspecified
Plaintiff Type
Private Plaintiff
State Plaintiff
Type of Facility
Government-run
Causes of Action Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) State of Connecticut
State of Connecticut Department of Mental Health and Addiction Services
State of Connecticut Department of Public Health
State of Connecticut Department of Social Services
Plaintiff Description State Agency suing on behalf of persons with mental illnesses who are housed in various nursing homes or in danger of being housed in them rather than being provided with community based treatment.
Indexed Lawyer Organizations Bazelon Center
Relman, Dane & Colfax
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2014 - 2018
Case Closing Year 2014
Case Ongoing Yes
Docket(s)
3:06−cv−00179 (D. Conn.) 08/06/2014
PB-CT-0003-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 02/06/2006
PB-CT-0003-0001 PDF | Detail
Document Source: LexisNexis
First Amended Complaint 09/09/2008
PB-CT-0003-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion (Denying defendants' motions to dismiss and granting plaintiffs' motion for class certification) 03/31/2010 (706 F.Supp.2d 266) (D. Conn.)
PB-CT-0003-0004 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
ORDER RE MOTION TO AMEND 06/25/2010 (D. Conn.)
PB-CT-0003-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement 06/17/2014
PB-CT-0003-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Class Settlement 07/02/2014 (D. Conn.)
PB-CT-0003-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Martinez, Donna F. (D. Conn.) [Magistrate]
PB-CT-0003-9000
Thompson, Alvin W. (D. Conn.)
PB-CT-0003-0003 | PB-CT-0003-0004 | PB-CT-0003-0006 | PB-CT-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Alisberg, Nancy B. (Connecticut)
PB-CT-0003-0001 | PB-CT-0003-0002 | PB-CT-0003-0005 | PB-CT-0003-9000
Allen, Michael Gerhart (District of Columbia)
PB-CT-0003-0001 | PB-CT-0003-0002 | PB-CT-0003-0005 | PB-CT-0003-9000
Arnett, Jennifer (New York)
PB-CT-0003-9000
Bossing, Lewis (District of Columbia)
PB-CT-0003-0005 | PB-CT-0003-9000
Bower, Karen A. (District of Columbia)
PB-CT-0003-0001 | PB-CT-0003-0002 | PB-CT-0003-9000
Burnim, Ira Abraham (District of Columbia)
PB-CT-0003-0001 | PB-CT-0003-0002 | PB-CT-0003-0005 | PB-CT-0003-9000
Curnin, Kevin J. (New York)
PB-CT-0003-0005 | PB-CT-0003-9000
Fiazuddin, Ajaz (Connecticut)
PB-CT-0003-9000
Krauss, Jill (New York)
PB-CT-0003-9000
Pasquale, Ken (New York)
PB-CT-0003-0002 | PB-CT-0003-0005 | PB-CT-0003-9000
Penn, Andrew S. (District of Columbia)
PB-CT-0003-9000
Strauss, Joseph E. (New York)
PB-CT-0003-0002 | PB-CT-0003-9000
Walsman, Danielle A. (New York)
PB-CT-0003-0002 | PB-CT-0003-9000
Defendant's Lawyers Barber, Hugh (Connecticut)
PB-CT-0003-0005 | PB-CT-0003-9000
Hoell, Jacqueline S. (Connecticut)
PB-CT-0003-9000
Lynch, Richard J. (Connecticut)
PB-CT-0003-9000
McGovern, Rosemary Miller (Connecticut)
PB-CT-0003-9000
Ring, Thomas (Connecticut)
PB-CT-0003-9000
Salton, Henry A. (Connecticut)
PB-CT-0003-0005 | PB-CT-0003-9000
Shapiro, Daniel R. (Connecticut)
PB-CT-0003-0005 | PB-CT-0003-9000
Other Lawyers Maisels, Amanda (District of Columbia)
PB-CT-0003-9000
Nash, Lauren M. (Connecticut)
PB-CT-0003-9000
Pellegrino, Bernard A. (Connecticut)
PB-CT-0003-9000
Starble, Jonathan M. (Connecticut)
PB-CT-0003-9000
Thidemann, Anne F. (Connecticut)
PB-CT-0003-9000

- click to show/hide ALL -

new search
page permalink

- top of page -