Case: Leocata v. Social Services

3:02-cv-01066 | U.S. District Court for the District of Connecticut

Filed Date: June 19, 2002

Closed Date: 2005

Clearinghouse coding complete

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 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…

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.

Summary Authors

Haley Waller (2/13/2011)

People


Judge(s)

Droney, Christopher Fitzgerald (Connecticut)

Attorney for Plaintiff
Attorney for Defendant

Blumenthal, Richard (Connecticut)

DeMattia, Tanya Feliciano (Connecticut)

Dover, Marleigh D. (District of Columbia)

Feliciano, Tanya (Connecticut)

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Documents in the Clearinghouse

Document

3:02-cv-01066

Docket

Dec. 7, 2005

Dec. 7, 2005

Docket
28

3:02-cv-01066

MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR TEMPORARY INJUNCTION

Leocata v. Wilson-Coker

April 27, 2004

April 27, 2004

Pleading / Motion / Brief
29

3:02-cv-01066

MEMORANDUM IN SUPPORT OF FEDERAL DEFENDANT’S OPPOSITION TO PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION

Leocata v. Wilson-Coker

May 12, 2004

May 12, 2004

Pleading / Motion / Brief
30

3:02-cv-01066

DEFENDANT COMMISSIONER’S OPPOSITION TO PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION

Leocata v. Thompson

May 19, 2004

May 19, 2004

Pleading / Motion / Brief
33

3:02-cv-01066

PLAINTIFF'S AMENDED COMPLAINT

Leocata v. Wilson-Coker

July 9, 2004

July 9, 2004

Complaint
44

3:02-cv-01066

MEMORANDUM IN SUPPORT OF STATE DEFENDANT'S MOTION TO DISMISS

Leocata v. Thompson

July 16, 2004

July 16, 2004

Pleading / Motion / Brief
55

3:02-cv-01066

SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION

Leocata v. Thompson

July 28, 2004

July 28, 2004

Pleading / Motion / Brief
53

3:02-cv-01066

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

Leocata v. Wilson-Coker

July 28, 2004

July 28, 2004

Pleading / Motion / Brief
57

3:02-cv-01066

OBJECTION TO STATE DEFENDANT’S MOTION TO DISMISS

Leocata v. Wilson-Coker

Aug. 6, 2004

Aug. 6, 2004

Pleading / Motion / Brief
58

3:02-cv-01066

RULING ON MOTIONS TO DISMISS AND MOTION FOR PRELIMINARY INJUNCTION

Leocata v. Wilson-Coker

Nov. 3, 2004

Nov. 3, 2004

Order/Opinion

343 F.Supp.2d 343

Docket

Last updated March 27, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Filing Fee $ 150.00 Receipt # H006592 (Ferguson, L.) (Entered: 06/20/2002)

June 19, 2002

June 19, 2002

SUMMONS(ES) issued for Dept of Soc Svc , HHS (Ferguson, L.) Modified on 06/26/2002 (Entered: 06/20/2002)

June 19, 2002

June 19, 2002

2

ORDER on Pretrial Deadlines handed to counsel Discovery cutoff 12/19/02 ; Dispositive Motions due 1/18/03 Amended Pleadings due 08/19/02 Motions to Dismiss due 09/19/02 (Ferguson, L.) (Entered: 06/20/2002)

June 19, 2002

June 19, 2002

3

SUMMONS Returned Executed on 6/24/02 as to US Attorney (Montgomery, C.) (Entered: 06/27/2002)

June 27, 2002

June 27, 2002

4

SUMMONS Returned Executed on 6/24/02 as to HHS (Montgomery, C.) (Entered: 06/27/2002)

June 27, 2002

June 27, 2002

5

SUMMONS Returned Executed on 6/24/02 as to HHS (Montgomery, C.) (Entered: 06/27/2002)

June 27, 2002

June 27, 2002

6

SUMMONS Returned Executed on 6/21/02 as to Dept of Social Services (Montgomery, C.) (Entered: 06/27/2002)

June 27, 2002

June 27, 2002

7

APPEARANCE of Attorney for Dept of Social Services −− Richard J. Lynch and Tanya Feliciano (Montgomery, C.) (Entered: 08/22/2002)

July 2, 2002

July 2, 2002

8

Certified Return Receipt Card as to U.S. Attorney on 6/21/02 (Montgomery, C.) (Entered: 07/11/2002)

July 10, 2002

July 10, 2002

9

MOTION by Dept of Social Services to Extend Time to 8/20/02 to answer (Montgomery, C.) (Entered: 07/11/2002)

July 11, 2002

July 11, 2002

10

SUMMONS Returned Executed on 7/1/02 as to HHS (Montgomery, C.) (Entered: 07/16/2002)

July 15, 2002

July 15, 2002

ENDORSEMENT granting [9−1] motion to Extend Time to 8/20/02 to answer ( signed by Judge Christopher F. Droney ) (Montgomery, C.) (Entered: 07/16/2002)

July 16, 2002

July 16, 2002

11

MOTION by Michela Leocata to Extend Time to file 26(f) report until after all appearances are filed (Montgomery, C.) (Entered: 08/12/2002)

Aug. 12, 2002

Aug. 12, 2002

ENDORSEMENT granting [11−1] motion to Extend Time to file 26(f) report until 9/15/02, 26(f) Report of Conference Due 9/15/02 ( signed by Judge Christopher F. Droney ) (Gothers, M.) (Entered: 08/21/2002)

Aug. 21, 2002

Aug. 21, 2002

13

APPEARANCE of Attorney for HHS −− Carolyn Aiko Ikari (Montgomery, C.) Modified on 08/22/2002 (Entered: 08/22/2002)

Aug. 21, 2002

Aug. 21, 2002

14

MOTION by HHS to Extend Time to 9/25/02 to answer (Montgomery, C.) (Entered: 08/22/2002)

Aug. 21, 2002

Aug. 21, 2002

ENDORSEMENT granting [14−1] motion to Extend Time to 9/25/02 to answer ( signed by Judge Christopher F. Droney ) (Montgomery, C.) (Entered: 08/28/2002)

Aug. 28, 2002

Aug. 28, 2002

ENDORSEMENT granting [12−1] motion to Extend Time to 10/19/02 to respond to Complaint ( signed by Judge Christopher F. Droney ) (Montgomery, C.) (Entered: 08/28/2002)

Aug. 28, 2002

Aug. 28, 2002

15

MOTION by HHS to Dismiss (Brief Due 10/11/02 ) (Kunofsky, L.) (Entered: 09/23/2002)

Sept. 20, 2002

Sept. 20, 2002

16

MEMORANDUM by HHS in support of [15−1] motion to Dismiss (Kunofsky, L.) (Entered: 09/23/2002)

Sept. 20, 2002

Sept. 20, 2002

17

REPORT of Parties Planning Meeting (Montgomery, C.) (Entered: 10/03/2002)

Oct. 3, 2002

Oct. 3, 2002

18

MOTION by Dept of Social Services to Extend Time until 11/18/02 to file motion to dismiss (Bauer, J.) (Entered: 10/11/2002)

Oct. 11, 2002

Oct. 11, 2002

19

OBJECTIONS by Michela Leocata to [15−1] motion to Dismiss by HHS (Bauer, J.) (Entered: 10/15/2002)

Oct. 11, 2002

Oct. 11, 2002

ENDORSEMENT granting [18−1] motion to Extend Time until 11/18/02 to file motion to dismiss ( signed by Judge Christopher F. Droney ) (Blue,A.) (Entered: 10/18/2002)

Oct. 18, 2002

Oct. 18, 2002

20

MOTION by HHS, Dept of Social Services to Dismiss complaint (Brief Due 12/4/02 ) (Montgomery, C.) (Entered: 11/13/2002)

Nov. 13, 2002

Nov. 13, 2002

21

MEMORANDUM by HHS, Dept of Social Services in support of [20−1] motion to Dismiss complaint (Montgomery, C.) (Entered: 11/13/2002)

Nov. 13, 2002

Nov. 13, 2002

ENDORSEMENT granting [17−1] report of parties planning meeting ( signed by Judge Christopher F. Droney ) (Montgomery, C.) (Entered: 12/02/2002)

Nov. 27, 2002

Nov. 27, 2002

22

OBJECTIONS by Michela Leocata to [20−1] motion to Dismiss complaint by Dept of Social Services, HHS (Montgomery, C.) (Entered: 12/03/2002)

Dec. 3, 2002

Dec. 3, 2002

23

ORDERED that within 21 days the parties shall file a joint status report ( signed by Judge Christopher F. Droney ) (Grady, B.) (Entered: 03/13/2003)

March 13, 2003

March 13, 2003

24

Joint STATUS REPORT (Basile, F.) (Entered: 04/01/2003)

April 1, 2003

April 1, 2003

25

APPEARANCE of Attorney for HHS, Dept of Social Services −−Cliffor M. Pierce (Basile, F.) (Entered: 09/16/2003)

Sept. 16, 2003

Sept. 16, 2003

26

Motion hearing held re: [20−1] motion to Dismiss complaint by Dept of Social Services, HHS, [15−1] motion to Dismiss by HHS ( CFD) (Basile, F.) (Entered: 09/22/2003)

Sept. 19, 2003

Sept. 19, 2003

MINUTE Entry: [20−1] motion to Dismiss complaint under advisement, [15−1] motion to Dismiss under advisement ( CFD) (Basile, F.) (Entered: 09/22/2003)

Sept. 19, 2003

Sept. 19, 2003

27

MOTION for Temporary Injunction by Michela Leocata.Responses due by 5/18/2004 (Basile, F.) (Entered: 04/27/2004)

April 27, 2004

April 27, 2004

28

Memorandum in Support re 27 MOTION for Preliminary Injunction filed by Michela Leocata. (Basile, F.) (Entered: 04/27/2004)

April 27, 2004

April 27, 2004

30

Memorandum in Opposition re 27 MOTION for Preliminary Injunction filed by Dept of Social Services. (Attachments: # 1 Affidavit # 2 Exhibit)(Basile, F.) (Entered: 05/19/2004)

May 19, 2004

May 19, 2004

31

ORDER re 27 MOTION for Preliminary Injunction filed by Michela Leocata, Set Deadlines as to 27 MOTION for Preliminary Injunction. Motion Hearing set for 7/19/2004 10:00 AM in Courtroom Two − Hartford before Judge Christopher F. Droney.. Signed by Judge Christopher F. Droney on 6/22/04. (Bauer, J.) (Entered: 06/22/2004)

June 22, 2004

June 22, 2004

Show Cause Hearing set for 7/19/2004 10:00 AM in Courtroom Two − Hartford before Judge Christopher F. Droney. (Johnson, D.) (Entered: 06/23/2004)

June 23, 2004

June 23, 2004

32

Calendar Entry Telephonic Status Conference set for 7/13/2004 04:30 PM in Chambers Room 108 − Hartford Annex before Judge Christopher F. Droney. Council are instructed to refer to the attached special instructions.(Attachments: # 1)(Newcomb, P.) (Entered: 07/08/2004)

July 8, 2004

July 8, 2004

33

AMENDED COMPLAINT against HHS, Dept of Social Services , filed by Michela Leocata.(Basile, F.) (Entered: 07/13/2004)

July 9, 2004

July 9, 2004

34

MEMORANDUM OF LAW IN SUPPORT re 33 Amended Complaint by Michela Leocata. (Basile, F.) (Entered: 07/13/2004)

July 9, 2004

July 9, 2004

35

PRE−HEARING MEMORANDUM filed by Michela Leocata. (Basile, F.) (Entered: 07/13/2004)

July 9, 2004

July 9, 2004

36

RESPONSE to 31 order to show cause filed by Dept of Social Services. (Bauer, J.) (Entered: 07/13/2004)

July 12, 2004

July 12, 2004

37

RESPONSE re: 31 order filed by HHS. (Bauer, J.) (Entered: 07/13/2004)

July 12, 2004

July 12, 2004

38

RESPONSE re 33 Amended Complaint filed by Dept of Social Services. (Bauer, J.) (Entered: 07/13/2004)

July 13, 2004

July 13, 2004

39

ORDER Granting Motion to Amend Complaint without prejudice to filing a motion for more definite statement, to dismiss or for summary judgment.. Signed by Judge Christopher F. Droney on 07/13/04. (Droney, Christopher) (Entered: 07/13/2004)

July 13, 2004

July 13, 2004

40

Calendar Entry ** Show Cause Hearing set for 7/19/2004 at 10:00 AM in Courtroom Two − Hartford, before Judge Christopher F. Droney. (Newcomb, P.) (Entered: 07/14/2004)

July 14, 2004

July 14, 2004

41

MOTION in Limine by Dept of Social Services.Responses due by 8/6/2004 (Walker, J.) (Entered: 07/19/2004)

July 16, 2004

July 16, 2004

42

Memorandum in Support re 41 MOTION in Limine filed by Dept of Social Services. (Walker, J.) (Entered: 07/19/2004)

July 16, 2004

July 16, 2004

43

MOTION to Dismiss Amended Complaint by Dept of Social Services.Responses due by 8/6/2004 (Walker, J.) (Entered: 07/19/2004)

July 16, 2004

July 16, 2004

44

Memorandum in Support re 43 MOTION to Dismiss filed by Dept of Social Services. (Attachments: # 1 Exhibits to Memorandum − filed in paper form only)(Walker, J.) (Entered: 07/19/2004)

July 16, 2004

July 16, 2004

45

Minute Entry for proceedings held before Judge Christopher F. Droney : Motion Hearing held on 7/19/2004 re 27 MOTION for Preliminary Injunction filed by Michela Leocata. (Court Reporter Martha Marshall.) (Basile, F.) (Entered: 07/21/2004)

July 19, 2004

July 19, 2004

Motions Taken Under Advisement: 27 MOTION for Preliminary Injunction (Basile, F.) (Entered: 07/21/2004)

July 19, 2004

July 19, 2004

46

Marked Exhibit List by HHS, Dept of Social Services. (Basile, F.) (Entered: 07/21/2004)

July 19, 2004

July 19, 2004

48

Marked Witness List by Michela Leocata. (Basile, F.) (Entered: 07/21/2004)

July 19, 2004

July 19, 2004

49

MOTION for Extension of Time until 7/28/04 to file post−hearing brief by HHS, Dept of Social Services. (Kunofsky, L.) (Entered: 07/22/2004)

July 21, 2004

July 21, 2004

50

ELECTRONIC ORDER granting 49 Motion for Extension of Time to July 28, 2004 to file post−hearing brief. Signed by Judge Christopher F. Droney on 7/22/04. (Newcomb, P.) (Entered: 07/22/2004)

July 22, 2004

July 22, 2004

51

MOTION for Extension of Time to 7/28/04 to file supplemental brief to respond to Plaintiff's argument raised at 7/19 hearing by HHS, Dept of Social Services. (Montgomery, A.) (Entered: 07/23/2004)

July 22, 2004

July 22, 2004

52

MOTION to Dismiss by HHS.Responses due by 8/18/2004 (Bauer, J.) (Entered: 07/28/2004)

July 28, 2004

July 28, 2004

53

Memorandum in Opposition re 27 MOTION for Preliminary Injunction filed by HHS.AND, Memorandum in support of 52 Motion to dismiss (Part 1 of 2) (Bauer, J.) (Entered: 07/28/2004)

July 28, 2004

July 28, 2004

54

Memorandum in Opposition re 27 MOTION for Preliminary Injunction, AND, Memorandum in Support re 52 MOTION to Dismiss filed by HHS (Part 2 of 2) (Bauer, J.) (Entered: 07/28/2004)

July 28, 2004

July 28, 2004

55

Supplemental Response to 27 MOTION for Preliminary Injunction filed by Dept of Social Services. (Bauer, J.) (Entered: 07/28/2004)

July 28, 2004

July 28, 2004

56

ENDORSEMENT ORDER granting 51 Motion for Extension of Time . Signed by Judge Christopher F. Droney on 8/3/04. (Basile, F.) (Entered: 08/03/2004)

Aug. 3, 2004

Aug. 3, 2004

57

OBJECTION re 52 MOTION to Dismiss, 43 MOTION to Dismiss filed by Michela Leocata. (Basile, F.) (Entered: 08/09/2004)

Aug. 6, 2004

Aug. 6, 2004

58

ORDER granting 15 Motion to Dismiss, granting 20 Motion to Dismiss, denying 27 Motion for Preliminary Injunction, granting 43 Motion to Dismiss, granting 52 Motion to Dismiss . Signed by Judge Christopher F. Droney on 11/3/04. (Basile, F.) (Entered: 11/04/2004)

Nov. 3, 2004

Nov. 3, 2004

59

JUDGMENT in favor of DEFENDANTS against PLAINTIFFS. Signed by Clerk on 11/3/04. (Basile, F.) (Entered: 11/04/2004)

Nov. 3, 2004

Nov. 3, 2004

60

NOTICE OF APPEAL as to 58 Order on Motion to Dismiss,, Order on Motion for Preliminary Injunction,, by Michela Leocata. Filing fee $ 255, receipt number H014189.Certified copy of docket and copy of NOA mailed to USCA. (Bauer, J.) (Entered: 11/15/2004)

Nov. 12, 2004

Nov. 12, 2004

61

Acknowledged Receipt of NOA at USCA on 11/18/04 re 60 Notice of Appeal: (Bauer, J.) (Entered: 11/24/2004)

Nov. 24, 2004

Nov. 24, 2004

62

Index to Record on Appeal by Michela Leocata re 60 Notice of Appeal (Basile, F.) (Entered: 11/29/2004)

Nov. 24, 2004

Nov. 24, 2004

USCA Case Number 04−6068cv for 60 Notice of Appeal filed by Michela Leocata. (Bauer, J.) (Entered: 12/08/2004)

Dec. 8, 2004

Dec. 8, 2004

63

USCA Scheduling Order as to 60 Notice of Appeal filed by Michela Leocata. USCA Number: 04−6068−ag (Basile, F.) (Entered: 12/17/2004)

Dec. 16, 2004

Dec. 16, 2004

64

USCA Scheduling Order as to 60 Notice of Appeal filed by Michela Leocata. USCA Number: 04−6068−ag (Fazekas, J.) (Entered: 12/30/2004)

Dec. 22, 2004

Dec. 22, 2004

65

TRANSCRIPT of Proceedings held on 7/19/04 before Judge Christopher F. Droney. Court Reporter: Martha C. Marshall. (Bauer, J.) (Entered: 02/08/2005)

Feb. 8, 2005

Feb. 8, 2005

66

MANDATE of USCA (certified copy) dated 11/22/05 affirming judgment re: 60 Notice of Appeal filed by Michela Leocata, (Bauer, J.) (Entered: 12/08/2005)

Dec. 7, 2005

Dec. 7, 2005

Case Details

State / Territory: Connecticut

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: June 19, 2002

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Elderly woman with advanced dementia

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Health and Human Services, Federal

Connecticut Department of Social Services, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

Benefit Source:

Medicaid