University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
view search results
page permalink
Case Name Charles v. Orange County, New York MH-NY-0008
Docket / Court 1:16-cv-05527 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Immigration
Mental Health (Facility)
Case Summary
On July 12, 2016, two individuals classified as green card holders under U.S. law with serious mental health illness filed the lawsuit against Orange County, New York in U.S. District for the Southern District of New York. The plaintiffs sued under §1983, alleging violations of the Due Process ... read more >
On July 12, 2016, two individuals classified as green card holders under U.S. law with serious mental health illness filed the lawsuit against Orange County, New York in U.S. District for the Southern District of New York. The plaintiffs sued under §1983, alleging violations of the Due Process clause of the 14th Amendment. Specifically, the plaintiffs alleged that the county officials discharged them from civil immigration detention at Orange County Dentention Center without planning for the continuity of their life-sustaining mental health care. Represented by the New York Lawyers for the Public Interest (NYLPI), plaintiffs allege that the county’s failure to provide the most basic aspect of mental health care endangered their lives.

The plaintiffs sought compensatory damages from Orange County.

After initial scheduling for discovery, the case was reassigned to Judge Nelson Stephen Roman on August 31, 2016. Judge Roman gave the defendants leave to file motions to dismiss. On December 6, 2016, Judge Roman stayed discovery pending the motion.

The parties are expected to file motions to dismiss by January 30, 2017.

Ginny Lee - 01/22/2017


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Due Process
Defendant-type
Law-enforcement
Disability
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Discharge & termination plans
Government Services (specify)
Immigration
Constitutional rights
Medical/Mental Health
Medicare eligibility determination
Medication, administration of
Mental health care, general
Mental Disability
Schizophrenia
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Orange County, New York
Plaintiff Description Two individuals with mental illnesses who were confined in civil immigration detention
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Additional Resources
click to show/hide detail
  Jane Doe v. Hunter College
http://www.bazelon.org/jane-doe-v-hunter-college/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Office of Protection and Advocacy v. State of Conneticut
http://www.bazelon.org/opa-v-ct/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  From Hospitals to Prisons: A New Explanation
http://cornelllawreview.org/clronline/from-hospitals-to-prisons-a-new-explanation
Date: 2017
By: Fredrick E. Vars & Shelby B. Calambokidis (Cornell Law Review)
[ Detail ] [ External Link ]

  Pierce County v. Washington
www.bazelon.org
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

Docket(s)
7:16-cv-05527-NSR (S.D.N.Y.)
MH-NY-0008-9000.pdf | Detail
Date: 01/04/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
[Press Release] Federal Lawsuit Challenges Unconstitutional “Discharge and Dump” Policy Targeted at New Yorkers with Mental Illness in Immigration Detention
MH-NY-0008-0001.pdf | External Link | Detail
Date: 07/12/2016
Source: Plaintiffs' counsel
Complaint and Jury Demand [ECF# 1]
MH-NY-0008-0002.pdf | Detail
Date: 07/12/2016
Source: PACER [Public Access to Court Electronic Records]
Judges Roman, Nelson Stephen Court not on record
MH-NY-0008-9000
Plaintiff's Lawyers Arora, Reena (New York)
MH-NY-0008-0002 | MH-NY-0008-9000
Gemmell, Antony Philip Falconer (New York)
MH-NY-0008-0002 | MH-NY-0008-9000
Redman, Laura F (New York)
MH-NY-0008-0002 | MH-NY-0008-9000
Repole, Lauren Elizabeth (New York)
MH-NY-0008-0002 | MH-NY-0008-9000
Rice, Thomas C. (New York)
MH-NY-0008-0002 | MH-NY-0008-9000
Rosenfeld, Katherine (New York)
MH-NY-0008-0002 | MH-NY-0008-9000
Stujenske, Daniel Joseph (New York)
MH-NY-0008-0002 | MH-NY-0008-9000
Defendant's Lawyers Cardoso, Anthony Francisco (New York)
MH-NY-0008-9000
Gallo, Vincent Leonard Jr. (New York)
MH-NY-0008-9000
O'Brien, John Charles Jr. (New York)
MH-NY-0008-9000
Pierce, Carol C. (New York)
MH-NY-0008-9000

- click to show/hide ALL -

new search
view search results
page permalink

- top of page -