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Case Name Leocata v. Social Services PB-CT-0005
Docket / Court 3:02-cv-01066 ( D. Conn. )
State/Territory Connecticut
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Case Summary
On June 19, 2002, an elderly woman with advanced dementia filed a lawsuit under 42 U.S.C. § 1983, the Medicaid statute, and the 5th and 14th amendments, against the Connecticut Department of Human Services and the U.S. Department of Health and Human Services in the United States District Court for ... read more >
On June 19, 2002, an elderly woman with advanced dementia filed a lawsuit under 42 U.S.C. § 1983, the Medicaid statute, and the 5th and 14th amendments, against the Connecticut Department of Human Services and the U.S. Department of Health and Human Services in the United States District Court for the District of Connecticut. Plaintiff, represented by private counsel, asked the court for declaratory and injunctive relief, claiming that Medicaid would not meet her specialized medical needs. At the time of filing, Plaintiff resided in an assisted living facility; she was paying those costs from her own assets, which were rapidly depleting. Plaintiff claimed that she would be forced to move to a nursing home, which would not meet her medical needs, because Medicaid did not cover services provided in an assisted living facility.

On November 3, 2004, the Court (Judge Christopher F. Droney) issued a ruling on motions to dismiss and for a preliminary injunction. Leocata v. Wilson-Coker, 343 F.Supp.2d 144 (D. Conn. Nov. 3, 2004). The Court granted Defendants' motion to dismiss for lack of standing and failure to state a claim, denied Plaintiffs' request for a preliminary injunction, and directed the Clerk to enter judgment in favor of Defendants and close the case. The Second Circuit Court of Appeals affirmed the judgment in a summary order on December 7, 2005. There has been no further action in the case.

Haley Waller - 02/13/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Plaintiff Type
State Plaintiff
Causes of Action 42 U.S.C. § 1983
Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Defendant(s) Connecticut Department of Social Services
U.S. Department of Health and Human Services
Plaintiff Description Elderly woman with advanced dementia
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2005
Case Ongoing No
Docket(s)
3:02-cv-01066-CFD (D. Conn.) 12/07/2005
PB-CT-0005-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR TEMPORARY INJUNCTION 04/27/2004
PB-CT-0005-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM IN SUPPORT OF FEDERAL DEFENDANT’S OPPOSITION TO PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION 05/12/2004
PB-CT-0005-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANT COMMISSIONER’S OPPOSITION TO PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION 05/19/2004
PB-CT-0005-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFF'S AMENDED COMPLAINT 07/09/2004
PB-CT-0005-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM IN SUPPORT OF STATE DEFENDANT'S MOTION TO DISMISS 07/16/2004
PB-CT-0005-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
FEDERAL DEFENDANT’S POST-HEARING MEMORANDUM IN OPPOSITION TO PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION AND FEDERAL DEFENDANT’S MEMORANDUM IN SUPPORT OF MOTION TO DISMISS AMENDED COMPLAINT 07/28/2004
PB-CT-0005-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION 07/28/2004
PB-CT-0005-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
OBJECTION TO STATE DEFENDANT’S MOTION TO DISMISS 08/06/2004
PB-CT-0005-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
JUDGMENT 11/03/2004 (D. Conn.)
PB-CT-0005-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
RULING ON MOTIONS TO DISMISS AND MOTION FOR PRELIMINARY INJUNCTION 11/03/2004 (343 F.Supp.2d 144) (D. Conn.)
PB-CT-0005-0010.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
BRIEF FOR THE FEDERAL APPELLEE 03/07/2005
PB-CT-0005-0002.pdf | Detail
Document Source: Westlaw
Judges Droney, Christopher Fitzgerald (D. Conn., Second Circuit)
PB-CT-0005-0010 | PB-CT-0005-9000
Monitors/Masters None on record
Plaintiff's Lawyers Rigat, Raymond J. (Connecticut)
PB-CT-0005-0001 | PB-CT-0005-0008 | PB-CT-0005-0009 | PB-CT-0005-9000
Defendant's Lawyers Blumenthal, Richard (Connecticut)
PB-CT-0005-0003 | PB-CT-0005-0007 | PB-CT-0005-0011 | PB-CT-0005-9000
DeMattia, Tanya Feliciano (Connecticut)
PB-CT-0005-0003 | PB-CT-0005-9000
Dover, Marleigh D. (District of Columbia)
PB-CT-0005-0002 | PB-CT-0005-9000
Feliciano, Tanya (Connecticut)
PB-CT-0005-0007 | PB-CT-0005-0011 | PB-CT-0005-9000
Ikari, Carolyn A. (Connecticut)
PB-CT-0005-0004 | PB-CT-0005-0006 | PB-CT-0005-9000
Keisler, Peter D. (District of Columbia)
PB-CT-0005-0002 | PB-CT-0005-9000
Lynch, Richard J. (Connecticut)
PB-CT-0005-0003 | PB-CT-0005-9000
O'Connor, Kevin J. (Connecticut)
PB-CT-0005-0002 | PB-CT-0005-0004 | PB-CT-0005-0006 | PB-CT-0005-9000
Scarborough, Charles W. (District of Columbia)
PB-CT-0005-0002 | PB-CT-0005-9000
Other Lawyers None on record

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