Case: J.L. v. Miller

418-84 | Vermont state trial court

Filed Date: 1984

Closed Date: Oct. 18, 2002

Clearinghouse coding complete

Case Summary

In 1984, individuals with mental illness confined at the Vermont State Hospital (VSH) in Waterbury, Vermont, filed a class action lawsuit in the Superior Court for the State of Vermont for Washington County against Vermont's Commissioner of Mental Health and Mental Retardation and various VSH officials. The plaintiffs, represented by Vermont Legal Aid, sought equitable relief for alleged violations of their Fourteenth Amendment Due Process rights. Specifically, the plaintiffs claimed that VSH…

In 1984, individuals with mental illness confined at the Vermont State Hospital (VSH) in Waterbury, Vermont, filed a class action lawsuit in the Superior Court for the State of Vermont for Washington County against Vermont's Commissioner of Mental Health and Mental Retardation and various VSH officials. The plaintiffs, represented by Vermont Legal Aid, sought equitable relief for alleged violations of their Fourteenth Amendment Due Process rights. Specifically, the plaintiffs claimed that VSH subjected plaintiffs to involuntary, non-emergency medication.

On May 28, 1985, the parties entered into a consent decree, which the court approved. VSH agreed to implement policies and procedures to govern involuntary medication of patients. Under the new system, the interdisciplinary treatment team would recommend involuntary medication when such intervention would be in keeping with professional standards. Even then, patients could not be involuntarily medicated without a hearing at which they were entitled to representation.

In November 1990, the defendants asked the court to dissolve the consent decree, but the court (Judge Alan W. Cheever) refused. When the court denied the defendants' petition for rehearing, the defendants appealed. On May 28, 1992, the Supreme Court of Vermont (Justice Fredric Allen) affirmed, reasoning that the defendants had failed to show either (1) a significant and unforeseeable change of law, constitutional and statutory, or fact or (2) full achievement of the goals of the consent decree. J.L. v. Miller, 614 A.2d 808 (Vt. 1992).

In 1998, Vermont enacted legislation with the purpose of supplanting the 1985 consent decree.

The defendants subsequently asked the court to vacate the consent decree on the grounds that the law had materially changed. The trial court (Judge Mary Miles Teachout) refused to grant relief from judgment. On October 18, 2002, the Vermont Supreme Court (Justice James L. Morse) vacated the lower court's ruling and granted relief from the consent decree. J.L. v. Miller, 817 A.2d 1 (Vt. 2002). The court held that, despite the differences between the consent decree and the new legislation, clear legislative intent required the dissolution of the consent decree.

We have no information on subsequent litigation.

Summary Authors

Elizabeth Chilcoat (6/30/2006)

People


Judge(s)

Allen, Frank Orlando (Vermont)

Attorney for Plaintiff

Appel, Robert (Vermont)

Avildsen, Eric (Vermont)

Attorney for Defendant

Amestoy, Jeffrey L. (Vermont)

Brown, Sean (Vermont)

Judge(s)

Allen, Frank Orlando (Vermont)

Dimauro, Theresa S. (Vermont)

Dooley, John A. (Vermont)

Gibson, Ernest William Jr. (Vermont)

Morse, James L. (Vermont)

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Documents in the Clearinghouse

Document

91-276

Reported Opinion

Vermont state supreme court

July 2, 1992

July 2, 1992

Order/Opinion

614 A.2d 614

00-430

Reported Opinion

Vermont state supreme court

Oct. 18, 2002

Oct. 18, 2002

Order/Opinion

817 A.2d 817

Docket

Last updated Aug. 30, 2023, 2:27 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Vermont

Case Type(s):

Mental Health (Facility)

Key Dates

Filing Date: 1984

Closing Date: Oct. 18, 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals with mental illness confined at the Vermont State Hospital in Waterbury, Vermont

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

V.T. Dept. of Developmental and Mental Health, State

Case Details

Causes of Action:

State law

Available Documents:

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1985 - 2002

Issues

General:

Informed consent/involuntary medication

Medical/Mental Health:

Medication, administration of

Mental health care, general

Type of Facility:

Government-run