University of Michigan Law School
Civil Rights Litigation Clearinghouse
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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


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Issues and Causes of Action
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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
Indexed Lawyer Organizations None on record
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
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Docket(s)
7:16-cv-05527-NSR (S.D.N.Y.) 01/04/2017
MH-NY-0008-9000.pdf | Detail
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 07/12/2016
MH-NY-0008-0001.pdf | Detail
Document Source: Plaintiffs' counsel
Complaint and Jury Demand 07/12/2016
MH-NY-0008-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Roman, Nelson Stephen (S.D.N.Y.)
MH-NY-0008-9000
Monitors/Masters None on record
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
Other Lawyers None on record

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