University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Benjamin B. v. Mario Cuomo ID-NY-0001
Docket / Court 86-4248 ( E.D.N.Y. )
State/Territory New York
Case Type(s) Intellectual Disability (Facility)
Case Summary
On December 12, 1986, six mentally retarded adult patients at the Creedmoor and South Beach Psychiatric Centers filed a lawsuit through their guardians in the U.S. District Court Eastern District of New York (Brooklyn), challenging their continued confinement. Plaintiffs' complaint, brought ... read more >
On December 12, 1986, six mentally retarded adult patients at the Creedmoor and South Beach Psychiatric Centers filed a lawsuit through their guardians in the U.S. District Court Eastern District of New York (Brooklyn), challenging their continued confinement. Plaintiffs' complaint, brought pursuant to 42 U.S.C. § 1983, alleged that plaintiffs all suffered from mental retardation and were being denied proper care and treatment because of their continued confinement in state psychiatric centers which had no appropriate programs for mentally retarded persons. Defendants included the state of New York and officials from the New York State Office of Mental Health ("OMH") and State Office of Mental Retardation and Developmental Disabilities ("OMRDD"). Plaintiffs were represented by the New York Lawyers For The Public Interest, Inc. They sought injunctive relief in the form of immediate transfers to a proper care.

Our case information is limited to the complaint and PACER docket. According to the docket (only contains entries for 1/93 to 3/94), the District Court (Judge Edward R. Korman) entered a stipulation of settlement on October 6, 1993. A subsequent stipulation for settlement as to the issue of attorneys' fees was entered on March 1, 1994. The State agreed to pay fees and costs to plaintiffs in the amount of resolving attorneys' fees $96,000.

We have no further information on this case.

Dan Dalton - 04/14/2007


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Issues and Causes of Action
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Issues
General
Classification / placement
Education
Habilitation (training/treatment)
Reassessment and care planning
Special education
Medical/Mental Health
Intellectual disability/mental illness dual diagnosis
Mental Disability
Intellectual/developmental disability, unspecified
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) New York
New York
New York
New York
Plaintiff Description Mentally retarded residents of Creedmoor and South Beach Psychiatric Centers in New York.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 1993
Case Ongoing No
Docket(s)
86-4248 (E.D.N.Y.) 03/01/1994
ID-NY-0001-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 12/09/1986
ID-NY-0001-0001 PDF | Detail
Judges Korman, Edward Robert (E.D.N.Y.)
ID-NY-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Golinker, Lewis (New York)
ID-NY-0001-0001 | ID-NY-0001-9000
Semmel, Herbert (New York)
ID-NY-0001-0001
Defendant's Lawyers Abrams, Robert W. (New York)
ID-NY-0001-9000
Other Lawyers None on record

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