Filed Date: Jan. 1, 1972
Case Ongoing
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On January 1, 1972, residents at the Willowbrook State School for the Mentally Retarded filed a class action lawsuit under 42 U.S.C. § 1983 against the State of New York in the U.S. District Court for the Eastern District of New York. The plaintiffs, represented by the New York Civil Liberties Union and the Legal Aid Society of Staten Island, asked the court for declaratory and injunctive relief, alleging that their constitutional rights had been violated by overcrowding, failure to protect the physical safety of inmates, inadequate staffing, inadequate medical care, inadequate mental healthcare, and lack of sanitation.
On July 28, 1972, the U.S. District Court for the Eastern District of New York (Judge Orrin Grimmell Judd) certified the plaintiffs as a class. On April 10, 1973, the court denied the plaintiffs' requests for the immediate release of residents and the closing of the institution, but granted the plaintiffs' request for a preliminary injunction to protect the physical safety of the inmates. NYSARC v. Rockefeller, 357 F.Supp. 752 (E.D.N.Y. 1973).
In 1975, the parties entered into a consent decree, which they submitted to the court for approval. The consent decree provided for changes in the areas of physical environment, staffing, programs, and therapy for residents. On May 5, 1975, the district court approved the consent decree. NYSARC v. Carey, 393 F.Supp. 716, (E.D.N.Y. 1975).
Several years later, the plaintiffs asked the court to hold the defendants in contempt for violations of the consent decree. The defendants simultaneously asked the court to modify the consent decree. On July 13, 1982, the district court (Judge John Ries Bartels) denied the defendants' motion to modify the decree and held that they had violated the terms of the agreement. The court ordered the appointment of a special master to monitor compliance with the decree. NYSARC v. Carey, 551 F.Supp. 1165 (E.D.N.Y. 1982). The defendants appealed.
On March 31, 1983, the U.S. Court of Appeals for the Second Circuit affirmed the portion of the district court's order for the appointment of a special master, but reversed the district court's denial of the defendants' motion to modify the decree. The Second Circuit remanded the case to the district court. NYSARC v. Carey, 706 F.2d 956 (2nd Cir. 1983). Both parties appealed. On October 17, 1983, the U.S. Supreme Court declined to grant certiorari. NYSARC v. Carey, 464 U.S. 915 (1983).
As of April 18, 2007, the parties continue to litigate about enforcement of the order and about attorneys fees.
Summary Authors
Kristen Sagar (4/18/2007)
Society for Good Will to Retarded Children Inc. v. Cuomo, Eastern District of New York (1978)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8231287/parties/nys-assoc-for-retar-v-pataki/
Bartels, John Ries (New York)
Barrett, Anita Fisher (New York)
Beslity, James M. (New York)
Abrams, Robert W. (New York)
Briggs, Taylor R. (New York)
Barrett, Anita Fisher (New York)
DuBose, Eugene Z. (District of Columbia)
Ennis, Bruce J. (District of Columbia)
Halpern, Charles R. (District of Columbia)
Hansen, Christopher A. (New York)
Herr, Stanley (District of Columbia)
Lado, Marianne Engelman (New York)
Mueller, Roberta L. (New York)
Murray, Archibald R. (New York)
Siegfried, Jonathan D. (New York)
Tepper, Julian (District of Columbia)
Chaw, Terisa (District of Columbia)
Cook, Timothy M. (Pennsylvania)
Dorfman, Diane S. (District of Columbia)
Korman, Edward Robert (New York)
Landsberg, Brian K. (District of Columbia)
Lerner, Louise A. (District of Columbia)
Lottman, Michael S. (New York)
Marker, Jack R. (District of Columbia)
Pottinger, J. Stanley (District of Columbia)
Reynolds, William Bradford (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/8231287/nys-assoc-for-retar-v-pataki/
Last updated Oct. 10, 2025, 10:02 p.m.
State / Territory:
Case Type(s):
Intellectual Disability (Facility)
Key Dates
Filing Date: Jan. 1, 1972
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
residents at the Willowbrook State School for the Mentally Retarded
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Willowbrook Developmental Center, State
Facility Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Other Dockets:
Eastern District of New York 1:72-cv-00356
Eastern District of New York 1:72-cv-00357
U.S. Court of Appeals for the Second Circuit 82-07441
U.S. Court of Appeals for the Second Circuit 82-07591
Supreme Court of the United States 83-00213
Eastern District of New York 1:73-00055
Eastern District of New York 1:73-00113
Available Documents:
Outcome
Prevailing Party: Plaintiff
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Issues
General/Misc.:
Sanitation / living conditions
Disability and Disability Rights:
Intellectual/developmental disability, unspecified
Jails, Prisons, Detention Centers, and Other Institutions:
Habilitation (training/treatment)
Medical/Mental Health Care: