Case: Joseph S. v. Hogan

2:06-cv-01042 | U.S. District Court for the Eastern District of New York

Filed Date: March 8, 2006

Closed Date: Dec. 1, 2016

Clearinghouse coding complete

Case Summary

This lawsuit was a challenge to New York's alleged practice of warehousing individuals with mental illness in nursing homes rather than in the community. The complaint, filed on March 8, 2006 in the U.S. District Court for the Eastern District of New York, alleged that New York frequently discharged individuals from psychiatric institutions to nursing homes instead of integrating them into their communities. The Plaintiffs claimed that New York's policies forced them to languish in sometimes …

This lawsuit was a challenge to New York's alleged practice of warehousing individuals with mental illness in nursing homes rather than in the community. The complaint, filed on March 8, 2006 in the U.S. District Court for the Eastern District of New York, alleged that New York frequently discharged individuals from psychiatric institutions to nursing homes instead of integrating them into their communities. The Plaintiffs claimed that New York's policies forced them to languish in sometimes prison-like nursing homes without receiving any effective treatment or services. The complaint raised legal claims under the Americans with Disabilities Act (under the 1999 Supreme Court precedent, Olmstead v. L.C.), Section 504 of the Rehabilitation Act, and the Nursing Home Reform Act.

The Defendants filed a motion to dismiss the suit, and after a few amendments of the complaint to address certain deficiencies (i.e. specificity of allegations), the court (on order from Judge Brian Cogan following a Report and Recommendation by Magistrate Judge Steven Gold) denied the Defendants' motion to dismiss. The Court found that the Plaintiffs had effectively stated claims under the ADA, Section 504, and the NHRA.

The parties then proceeded to discovery and trial preparation. Ultimately, the parties entered a settlement on September 7, 2011. The settlement provided for the transfer of all mentally ill individuals in nursing homes to community placements within three years. As part of the settlement, the state agreed to create 200 new units of supportive housing and to reform its assessment and placement system.

The agreement was initially written to last until 2015, but was later extended until December 2016. The agreement ultimately terminated and the case is now closed.

Summary Authors

Beth Kurtz (3/22/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4319021/parties/joseph-s-v-michael-f-hogan/


Judge(s)
Attorney for Plaintiff

Agarwal, Nisha Suresh (New York)

Bearden, Roger A. (New York)

Cho, Jeanne (New York)

Clune, Timothy A. (New York)

Attorney for Defendant

Arcati, Michael Anthony (New York)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

2:06-cv-01042

Docket [PACER]

June 16, 2016

June 16, 2016

Docket
74-2

2:06-cv-01042

MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS THE FIRST AMENDED COMPLAINT

Sept. 18, 2007

Sept. 18, 2007

Pleading / Motion / Brief
82

2:06-cv-01042

PLAINTIFFS’ MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS THE FIRST AMENDED COMPLAINT

Nov. 16, 2007

Nov. 16, 2007

Pleading / Motion / Brief
89

2:06-cv-01042

2nd Amended Complaint

March 5, 2008

March 5, 2008

Complaint
93

2:06-cv-01042

Magistrate's Report and Recommendation Denying Defendants' Motion to Dismiss

April 21, 2008

April 21, 2008

Order/Opinion
98

2:06-cv-01042

Order Denying Motion to Dismiss

May 23, 2008

May 23, 2008

Order/Opinion

571 F.Supp.2d 571

232

2:06-cv-01042

Stipulation and Order of Settlement

Sept. 7, 2011

Sept. 7, 2011

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4319021/joseph-s-v-michael-f-hogan/

Last updated March 17, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
213

ORDER denying 175 Motion in Limine. See attached decision. Ordered by Judge Brian M. Cogan on 7/15/2011. (Cogan, Brian)

July 15, 2011

July 15, 2011

RECAP
235

Stipulation

Aug. 31, 2015

Aug. 31, 2015

PACER
236

Notice of Change of Address/Firm/Email

Aug. 31, 2015

Aug. 31, 2015

PACER
237

Order(Other)

Aug. 31, 2015

Aug. 31, 2015

PACER
238

Letter

May 2, 2016

May 2, 2016

PACER
239

Letter

May 3, 2016

May 3, 2016

PACER

Order(Other)

May 3, 2016

May 3, 2016

PACER

Scheduling Order

May 3, 2016

May 3, 2016

PACER
240

Letter

May 9, 2016

May 9, 2016

PACER
241

Notice of Appearance

May 11, 2016

May 11, 2016

PACER

Pre Motion Conference

May 13, 2016

May 13, 2016

PACER
242

Stipulation

May 20, 2016

May 20, 2016

PACER
243

Order(Other)

May 24, 2016

May 24, 2016

PACER
244

Transcript

June 16, 2016

June 16, 2016

PACER
138

RECAP
152

MOTION for Extension of Time to Complete Discovery - Letter to Chief Magistrate Judge Gold regarding June 15th expert reports - by Richard F. Daines, Michael Hogan, New York State Department of Health, New York State Office of Mental Health, David A. Paterson. (Gasior, John) (Entered: 06/11/2010)

PACER
153

RECAP

Case Details

State / Territory: New York

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: March 8, 2006

Closing Date: Dec. 1, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are individuals with mental illness who have been inappropriately placed in nursing homes.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New York State Office of Mental Health, State

New York State Department of Health, State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Nursing Care Reform Act of 1987/ Omnibus Reconciliation Act

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2011 - 2016

Content of Injunction:

Preliminary relief granted

Discrimination Prohibition

Issues

General:

Deinstitutionalization/decarceration

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Disability and Disability Rights:

Integrated setting

Least restrictive environment

Mental impairment

P&A Associational Standing

Mental Illness, Unspecified

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Mental health care, general

Mental health care, unspecified

Benefit Source:

Medicaid