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Case Name Protection & Advocacy for Persons with Disabilities v. Hartford Board of Education MH-CT-0001
Docket / Court 3:04-cv-01338-JCH ( D. Conn. )
State/Territory Connecticut
Case Type(s) Mental Health (Facility)
Attorney Organization NDRN/Protection & Advocacy Organizations
Case Summary
On August 11, 2004, Protection and Advocacy for Persons with Disabilities of the State of Connecticut (OPA) filed a lawsuit in the United States District Court for the District of Connecticut against the Hartford Board of Education and the Hartford Public Schools. The lawsuit challenged the ... read more >
On August 11, 2004, Protection and Advocacy for Persons with Disabilities of the State of Connecticut (OPA) filed a lawsuit in the United States District Court for the District of Connecticut against the Hartford Board of Education and the Hartford Public Schools. The lawsuit challenged the refusal of the Board of Education to release identifying information for the parents and guardians of students attending the Hartford Transitional Learning Academy (HTLA), a school for seriously emotionally disturbed children. OPA sought this information so it could obtain releases from the parents and guardians in order to conduct an investigation of allegations of abuse and neglect against students. The complaint alleged violations of the Protections and Advocacy of Individuals with Mental Illness Act of 1986, the Developmental Disabilities Assistance and Bill of Rights Act, and the Protection and Advocacy of Individual Rights Act (PAIR).

On February 7, 2005, the district court (Judge Janet C. Hall) granted plaintiff's Motion for a Permanent Injunction and ordered defendants to grant OPA with physical access to the students at HTLA and with names and contact information necessary to conduct an investigation. Conn. Office of Prot. & Advocacy for Persons with Disabilities v. Hartford Bd. of Educ., 355 F. Supp. 2d 649 (D. Conn. 2005). The United States Court of Appeals for the Second Circuit (Judge Sonia Sotomayor) affirmed the decision on September 15, 2006. Conn. Office of Prot. & Advocacy for Persons with Disabilities v. Hartford Bd. of Educ., 464 F.3d 229 (2d Cir. 2006).

Angela Heverling - 05/25/2007


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Issues and Causes of Action
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Issues
General
Special education
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. ยง 15001 et seq.
Defendant(s) Hartford Board of Education
Plaintiff Description State of Connecticut Office of Protection and Advocacy for Persons with Disabilities challenging the refusal to disclose directory information regarding the identity of parents and guardians of students attending Hartford Transitional Learning Academy
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement Confession of Judgment
Order Duration 2004 - n/a
Case Closing Year 2006
Case Ongoing No
Docket(s)
3:04-cv-01338-JCH (D. Conn.) 10/18/2006
MH-CT-0001-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 08/11/2004
MH-CT-0001-0001 PDF | Detail
Memorandum of Law in Support of Plaintiffs' Motion for a Preliminary Injunction 08/11/2004
MH-CT-0001-0002 PDF | Detail
Defendants' Objection to Motion for Permanent Injunction 09/27/2004
MH-CT-0001-0003 PDF | Detail
Ruling on Plaintiffs' Motion for a Permanent Injunction (Dkt. No. 3) 02/07/2005 (D. Conn.)
MH-CT-0001-0004 PDF | Detail
Ruling on Plaintiffs' Motion for a Permanent Injunction (Dkt. No. 3) 02/07/2005 (355 F.Supp.2d 649) (D. Conn.)
MH-CT-0001-0005 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 09/15/2006 (464 F.3d 229)
MH-CT-0001-0006 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Hall, Janet C. (D. Conn.)
MH-CT-0001-0004 | MH-CT-0001-0005 | MH-CT-0001-9000
Sotomayor, Sonia (SCOTUS, Second Circuit, S.D.N.Y.)
MH-CT-0001-0006
Monitors/Masters None on record
Plaintiff's Lawyers Alisberg, Nancy B. (Connecticut)
MH-CT-0001-0001 | MH-CT-0001-0002 | MH-CT-0001-0005 | MH-CT-0001-0006 | MH-CT-0001-9000
Annon, Paulette G. (Connecticut)
MH-CT-0001-0001 | MH-CT-0001-0002 | MH-CT-0001-0005 | MH-CT-0001-9000
Defendant's Lawyers Bird, Ann F. (Connecticut)
MH-CT-0001-0003 | MH-CT-0001-0005 | MH-CT-0001-0006 | MH-CT-0001-9000
Rose, John Jr. (Connecticut)
MH-CT-0001-0003 | MH-CT-0001-0005 | MH-CT-0001-9000
Other Lawyers Katsas, Gregory G. (District of Columbia)
MH-CT-0001-0006
Keisler, Peter D. (District of Columbia)
MH-CT-0001-0006
Morgenstern, Saul P. (New York)
MH-CT-0001-0006
O'Connor, Kevin J. (Connecticut)
MH-CT-0001-0006
Scholer, Kaye (District of Columbia)
MH-CT-0001-0006
Stern, Mark B. (District of Columbia)
MH-CT-0001-0006
Swingle, Sharon (District of Columbia)
MH-CT-0001-0006

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