University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Gagnon v. Shumway PB-NH-0002
Docket / Court 98-00299 ( D.N.H. )
State/Territory New Hampshire
Case Type(s) Disability Rights-Pub. Accom.
Mental Health (Facility)
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization NDRN/Protection & Advocacy Organizations
Case Summary
This class-action case was filed in the U.S. District Court for the District of New Hampshire on May 8, 1998. The plaintiffs contested the constitutionality of a state statute, and its implementing regulations, which they argued allowed the State to revoke without due process "conditional ... read more >
This class-action case was filed in the U.S. District Court for the District of New Hampshire on May 8, 1998. The plaintiffs contested the constitutionality of a state statute, and its implementing regulations, which they argued allowed the State to revoke without due process "conditional discharges" from involuntary confinement for mental health issues.

The Court (Judge Steven J. McAuliffe) issued an order certifying the class on August 31, 1999. The class was defined to include "all persons whose conditional discharge [had] been absolutely revoked and who, as a result..., [were] involuntarily confined or [would be] involuntarily confined to ... a designated receiving facility without a hearing or the opportunity to consult with or be represented by counsel." 1999 WL 813953, Gagnon v. Commissioner (D. N.H. 1999).

On April 10, 2000, the parties submitted a proposed Class Action Settlement Agreement, which the court approved on July 24, 2000. The Clearinghouse has not obtained a copy of the settlement, but it is reported at this site that in the settlement the State agreed to appoint counsel whenever a conditional discharge was revoked.

The case appears to be closed, and no further information is available.

Alex Colbert-Taylor - 06/24/2013


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Defendant-type
Hospital/Health Department
Jurisdiction-wide
Disability
Least restrictive environment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Commitment procedure
Conditions of confinement
Confinement/isolation
Deinstitutionalization/decarceration
Discharge & termination plans
Placement in mental health facilities
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Reassessment and care planning
Unconstitutional conditions of confinement
Mental Disability
Mental Illness, Unspecified
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) New Hampshire
Plaintiff Description All persons whose conditional discharge from New Hampshire mental health facilities had been absolutely revoked and who, as a result, were involuntarily confined or would be involuntarily confined without the opportunity to consult with or be represented by counsel.
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Unknown
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2000 - n/a
Case Closing Year 2000
Case Ongoing No
Docket(s)
1:98-cv-00299 (D.N.H.) 03/06/2002
PB-NH-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion [Order on Class Certification] 08/31/1999 (1999 WL 813953) (D.N.H.)
PB-NH-0002-0001.pdf | WESTLAW | Detail
Document Source: Westlaw
Judges McAuliffe, Steven J. (D.N.H.)
PB-NH-0002-0001 | PB-NH-0002-9000
Muirhead, James R. (D.N.H.) [Magistrate]
PB-NH-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Lospennato, Ronald (New Hampshire)
PB-NH-0002-9000
Defendant's Lawyers Gorman, Suzanne (New Hampshire)
PB-NH-0002-9000
Livernois, Andrew B. (New Hampshire)
PB-NH-0002-9000
Other Lawyers None on record

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