University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Doe v. Sylvester PB-DE-0002
Docket / Court 1:99-cv-00891 ( D. Del. )
State/Territory Delaware
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization Legal Services/Legal Aid
NDRN/Protection & Advocacy Organizations
Case Summary
On December 15, 1999, a woman with borderline personality disorder and profound congenital deafness filed a lawsuit under 42 U.S.C. § 1983 and the Rehabilitation Act against the Secretary of the Delaware Department of Health and Social Services, the Division of Alcoholism, Drug Abuse, and Mental ... read more >
On December 15, 1999, a woman with borderline personality disorder and profound congenital deafness filed a lawsuit under 42 U.S.C. § 1983 and the Rehabilitation Act against the Secretary of the Delaware Department of Health and Social Services, the Division of Alcoholism, Drug Abuse, and Mental Health in the DHSS, and the Delaware Psychiatric Center, in the United States District Court for the District of Delaware. Plaintiff, represented by Community Legal Aid Society, asked the court for declaratory and injunctive relief, claiming that her rights were violated when an apartment in a community-living facility was not modified to suit her needs. Specifically, Plaintiff claimed that she was confined in an institutional setting longer than necessary because the state did not modify the apartment reserved for her with certain auxiliary aids. Because these modifications were not made, Plaintiff could not live safely in the apartment.

On September 11, 2001, the Court (Judge Roderick R. McKelvie) denied Defendants' motion to dismiss on several grounds. Doe v. Sylvester, 2001 WL 1064810 (D. Del. Sept. 11, 2001).

The complaint was dismissed voluntarily on October 19, 2001. It is unclear whether Plaintiff received relief. The case was closed on October 22, 2001.

Haley Waller - 02/13/2011


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Issues and Causes of Action
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Issues
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) Delaware Psychiatric Center
Division of Alcoholism, Drug Abuse and Mental Health
Secretary, Delaware Department of Health & Social Services
Plaintiff Description A woman with borderline personality disorder and congenital deafness.
Indexed Lawyer Organizations Legal Services/Legal Aid
NDRN/Protection & Advocacy Organizations
Class action status sought No
Class action status granted No
Prevailing Party Unknown
Public Int. Lawyer Yes
Nature of Relief Unknown
Source of Relief Unknown
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2001
Case Ongoing No
Docket(s)
1:99-cv-00891-RRM (D. Del.) 07/28/2003
PB-DE-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
MEMORANDUM OPINION 09/11/2001 (2001 WL 1064810) (D. Del.)
PB-DE-0002-0001.pdf | WESTLAW | Detail
Document Source: Westlaw
Judges McKelvie, Roderick R. (D. Del.)
PB-DE-0002-0001 | PB-DE-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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