Case: Disability Rights New Jersey v. Velez

3:05-cv-01784 | U.S. District Court for the District of New Jersey

Filed Date: April 5, 2005

Closed Date: Oct. 3, 2017

Clearinghouse coding complete

Case Summary

NOTE: This is one of three identically named cases in the Clearinghouse. For the 2005 case generally challenging the unnecessary institutionalization of individuals with disabilities in New Jersey, see Disability Rights New Jersey v. Velez (3:05-cv-04723). For the case challenging the long waitlists for community-based services, see Disability Rights New Jersey v. Velez (3:08-cv-01858). On April 5, 2005, a non-profit organization representing approximately one thousand individuals confined in p…

NOTE: This is one of three identically named cases in the Clearinghouse. For the 2005 case generally challenging the unnecessary institutionalization of individuals with disabilities in New Jersey, see Disability Rights New Jersey v. Velez (3:05-cv-04723). For the case challenging the long waitlists for community-based services, see Disability Rights New Jersey v. Velez (3:08-cv-01858).

On April 5, 2005, a non-profit organization representing approximately one thousand individuals confined in psychiatric hospitals in New Jersey filed a lawsuit against Commissioner of the New Jersey Department of Human Services under Due Process Clause, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act in the U.S. District Court for the District of New Jersey. The plaintiff, represented by public services counsel, asked the Court for declaratory and injunctive relief, alleging that the defendant failed to provide community placements for individuals currently residing in state psychiatric hospitals that had been adjudicated as no longer meeting the standards for civil commitment. Specifically, the plaintiff claimed that the defendant had used the Conditional Extension Pending Placement ("CEPP") to confine individuals for excessive periods of time and has failed to implement an effective plan for discharging these individuals into the community, even though under New Jersey law, the state might use CEPP to continue confinement while the state was still developing an appropriate community placement.

On September 30, 2005, the Court (Judge Stanley R. Chesler) denied the defendant's motion to dismiss.

On July 29, 2009, after extended negotiations, the parties reached a settlement whereby the state agreed to place 1065 individuals in the community through FY 2014.

The agreement was initially set to last until 2014. But, by November 2014, the defendant was not set to meet the requirements of the consent decree. Judge Wolfson therefor extended the agreement until 2016. On March 2, 2017, the parties submitted a letter to the court notifying it of substantial compliancy by the defendants. The consent decree terminated and the case is now closed.

Summary Authors

Kunyi Zhang (3/1/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5706352/parties/disability-rights-new-jersey-inc-v-velez/


Judge(s)

Bongiovanni, Tonianne J. (New Jersey)

Chesler, Stanley R. (New Jersey)

Attorney for Plaintiff

Carr, Jeffrey A. (New Jersey)

Dodick, Helen C. (New Jersey)

Attorney for Defendant

Dacosta, David L (New Jersey)

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Documents in the Clearinghouse

Document

3:05-cv-01784

Docket

Disability Rights New Jersey, Inc. v. Velez

Oct. 3, 2017

Oct. 3, 2017

Docket
2

3:05-cv-01784

Complaint

Disability Rights New Jersey, Inc. v. Velez

May 19, 2005

May 19, 2005

Complaint
17

3:05-cv-01784

Opinion (Motion to Dismiss Denied)

Disability Rights New Jersey, Inc. v. Velez

Sept. 30, 2005

Sept. 30, 2005

Order/Opinion

2005 WL 2005

69-2

3:05-cv-01784

Settlement Agreement

Disability Rights New Jersey, Inc. v. Velez

July 29, 2009

July 29, 2009

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5706352/disability-rights-new-jersey-inc-v-velez/

Last updated March 2, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
17

OPINION re 6 Amended MOTION to Dismiss (per 7/7/05 electronic notice from court) filed by JAMES DAVY, . Signed by Judge Stanley R. Chesler on 9/30/05. (ck)

Sept. 30, 2005

Sept. 30, 2005

RECAP
74

Letter

March 2, 2017

March 2, 2017

PACER
75

Order

Oct. 3, 2017

Oct. 3, 2017

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: April 5, 2005

Closing Date: Oct. 3, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A non-profit corporation that serves as New Jersey’s protection and advocacy system for people with disabilities.

Plaintiff Type(s):

State Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Bazelon Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New Jersey Department of Human Services, State

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Due Process

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

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2009 - 2016