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Case Name Nicoletti v. Brown ID-OH-0005
Docket / Court C87-1456 ( N.D. Ohio )
State/Territory Ohio
Case Type(s) Intellectual Disability (Facility)
Case Summary
On June 12, 1987, several involuntarily committed mentally retarded persons residing at the Cleveland Developmental Center [CDC] filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in U.S. District Court for the Northern District of Ohio, challenging conditions at the CDC.

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On June 12, 1987, several involuntarily committed mentally retarded persons residing at the Cleveland Developmental Center [CDC] filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in U.S. District Court for the Northern District of Ohio, challenging conditions at the CDC.

The complaint named as defendants the Ohio Department of Mental Retardation and Developmental Disabilities (ODMR/DD) and CDC officials. The Ohio Department of Human Services (ODHS) and its director, and other agencies and officials were subsequently added as defendants.

Defendants moved to dismiss the complaint. The District Court (Judge Alvin I. Krenzler) granted defendants' motion in part and denied it in part. Nicoletti v. Brown, 740 F.Supp. 1268 (N.D. Ohio 1987). A Second Amended Complaint was subsequently filed and additional plaintiffs intervened in the action. Additional claims were made regarding conditions at the Broadview and Warrensville Developmental Centers.

The PACER docket is incomplete and is missing blocks of entries. As a result, we do not know what substantive case activity took place in 1988 and 1989.

According to the docket, on June 19, 1990, a settlement conference was held by the District Court (Judge Alvin I. Krenzler), at which time the case was resolved.

On August 8, 1990, the District Court (Judge Alvin I. Krenzler) entered a Consent Order, which dissolved prior court orders. The Consent Order directed the ODMR/DD defendants to comply with Medicaid ICF/MR standards at BDC and WDC. It further ordered that prior to the transfer of any resident the ODMR/DD was to provide them with a post discharge plan. The Court appointed Anthony DiNuzzo as Special Master. The Court later appointed Susan Arnoczky Ph D, as a special advisor to the Court regarding the certification of Broadview and other issues relevant to the case.

On October 12 1993, the District Court entered an order dissolving and terminating the Consent Order of 8/8/90 and dismissing the action without prejudice. The Docket notes that the Cleveland and Broadview Developmental Centers had been closed and that the Warrensville Developmental Center had been certified under the Medicaid program as an Intermediate Care Facility for the Mentally Retarded.

Dan Dalton - 03/15/2007


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Issues and Causes of Action
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Issues
General
Neglect by staff
Totality of conditions
Medical/Mental Health
ICF/MR & HCFA standards
Type of Facility
Government-run
Causes of Action Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.
42 U.S.C. § 1983
Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Defendant(s) Broadview Developmental Center
Cleveland Developmental Center
Ohio Department of Human Services (ODHS)
Ohio Department of Mental Retardation and Developmental Disabilities (ODMR/DD)
Warrensville Developmental Center
Plaintiff Description Involunatarily committed residents at the Cleveland, Broadview and Warrensville Developmental Centers.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1990 - 1993
Case Closing Year 1993
Case Ongoing No
Case Listing ID-OH-0002 : DOJ CRIPA Investigation of Broadview, Cleveland, and Warrensville Developmental Centers (No Court)
Docket(s)
C87-1456 (N.D. Ohio) 02/22/1994
ID-OH-0005-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum of Opinion and Order Granting in Part and Denying in Part Defendants' Motion to Dismiss 10/29/1987 (740 F.Supp. 1268) (N.D. Ohio)
ID-OH-0005-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Hemann, Patricia A. (N.D. Ohio) [Magistrate]
ID-OH-0005-9000
Krenzler, Alvin I. (N.D. Ohio)
ID-OH-0005-0001 | ID-OH-0005-9000
Monitors/Masters None on record
Plaintiff's Lawyers Egan, Shane (Ohio)
ID-OH-0005-0001
Gerhardstein, Walter J. (Ohio)
ID-OH-0005-0001 | ID-OH-0005-9000
Latanick, David G. (Ohio)
ID-OH-0005-0001 | ID-OH-0005-9000
Mills, Robert Scott (Ohio)
ID-OH-0005-9000
Shoub, Grant D. (Ohio)
ID-OH-0005-0001 | ID-OH-0005-9000
Defendant's Lawyers Kovach, David J. (Ohio)
ID-OH-0005-0001 | ID-OH-0005-9000
Lazorishak, Karen Lee (Ohio)
ID-OH-0005-9000
Other Lawyers None on record

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