Filed Date: Dec. 6, 1978
Closed Date: 1998
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In December 1978, the Connecticut Association of Retarded Citizens and twelve individuals filed this lawsuit in the United States District Court for the District of Connecticut. They sued the Commissioner of the Department of Mental Retardation (DMR), the Department of Income Maintenance (DIM) and the Department of Health Services (DHS) under 42 U.S.C. § 1983. The class action lawsuit challenged the quality of care, living conditions, and residential placement of individuals with intellectual disabilities residing at the Mansfield Training School (MTS).
Based on the pre-Pacer docket, the United States moved to participate as a litigating amicus curiae on December 13, 1979. The United States proceeded to participate in discovery for the next several years. On April 3, 1980 the New England Health Care Employees Union moved to intervene as defendants.
According to a 1994 order (30 F.3d 367), the District Court certified class in February 1980. The court defined the class as all persons residing at MTS or who may reside there in the future; all persons with intellectual disabilities who may be sent to MTS; and all persons who reside in other facilities but remain in MTS responsibility. In 1982, the District Court granted DHS's motion to be dismissed from the case
On July 13, 1983, Judge Foe oversaw a court trail. This lasted until October 12, 1983. On December 2, all parties signed a consent decree. On December 19, 1983, the New England Health Care Employees Union brought objections to a separate consent decree (based on the pre-Pacer docket, it is unclear how the two consent decrees differed).
On April 9, 1984, Judge Foe approved an additional consent decree. According to the decree, the DMR and the Department of Income Maintenance agreed to overhaul the system for serving those with intellectual disabilities in Connecticut. The parties litigated attorneys fees for several months, and on October 12, 1984, Judge Foe ordered the State of Connecticut to pay the Public Interest Law Center of Philadelphia $237,600.
The court supervised the implementation of the consent decree. Based on the Pre-Pacer docket, it appears monitors found violations to the consent decree for the Bennett Hall class Members in late 1984. On May 2, 1985, the court ordered an implementation plan to resolve these violations.
In November of 1990, the court issued its Final Order. Part of the Final Order required consistent procedures for withholding CPR for terminally ill patients and for placing "Do Not Resuscitate Orders" in patients' folders.
In the early 1990s the defendants inappropriately placed "Do Not Resuscitate Orders" in patients' files and withheld CPR. On July 9, 1992, the plaintiffs moved for a preliminary injunction to enforce the Final Order and moved to join the DHS as a defendant in the litigation. Although DHS was not a party to the final order, the District Court (Judge Eagan), granted both motions. Conn. ARC v. Thorne, 1993 WL 765698 (D. Conn. Feb. 12, 1993). He held that DHS was in a position to frustrate the implementation of the Final Order when patients were transferred from a compliant DMR group home to a non-compliant DHS nursing home or hospital. He also granted the preliminary injunction, requiring defendants to implement the Final Order with all deliberate speed.
The DHS appealed. On July 25, 1994, the Court of Appeals for the Second Circuit (Judge John Mercer Walker Jr.) held that it was improper for the District Court to add DHS as a party and reversed its order granting joinder. Ass'n for Retarded Citizens of Conn. v. Thorne, 30 F. 3d 367 (2d Cir. 1994). The court reasoned that a judgment based on a consent decree cannot be enforced against third parties.
Prior to the Second Circuit's opinion, plaintiffs had moved for attorneys' fees. Following that decision, plaintiffs moved for extension of time to move for reconsideration. The district court (Judge Eagan) granted the extension and held that plaintiffs could not be awarded attorneys' fees for litigation over joining DHS as a defendant. The Second Circuit (Judge Walker) affirmed. Ass'n for Retarded Citizens of Conn. v. Thorne, 68 F.3d 547 (2d Cir. 1995).
Based on the Pre-Pacer docket, the plaintiffs filed motions about contempt and "further orders" on December 15, 1995. The court held a trail for several days in February 1996, and ultimately granted $39,843.48 to plaintiffs in attorney fees.
The PACER docket for this case began in 1997 and shows that litigation continued through September 23, 1998 regarding attorneys' fees and status reports. Plaintiffs were awarded attorney fees, but no documents were available to indicate how much they were awarded.
Summary Authors
Angela Heverling (4/17/2006)
Maurice Youkanna (7/9/2014)
Gabriela Hybel (6/17/2017)
Conn. Traumatic Brain Injury Assoc. v. Hogan, District of Connecticut (1990)
Covello, Alfred V. (Connecticut)
Eagan, Claire (Oklahoma)
Brooks, Hollace (Connecticut)
Barber, Hugh (Connecticut)
Blumenthal, Richard (Connecticut)
Covello, Alfred V. (Connecticut)
Eagan, Claire (Oklahoma)
Walker, John Mercer Jr. (New York)
Last updated Jan. 14, 2024, 3:13 a.m.
State / Territory: Connecticut
Case Type(s):
Intellectual Disability (Facility)
Key Dates
Filing Date: Dec. 6, 1978
Closing Date: 1998
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Present and future inmates of the Mansfield Training School
Plaintiff Type(s):
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Connecticut Department of Mental Retardation, State
Department of Income Maintenance, State
Defendant Type(s):
Case Details
Causes of Action:
Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: $554.886.96
Order Duration: 1984 - 1998
Content of Injunction:
Issues
General:
Informed consent/involuntary medication
Sanitation / living conditions
Jails, Prisons, Detention Centers, and Other Institutions:
Habilitation (training/treatment)
Placement in mental health facilities
Assault/abuse by staff (facilities)
Assault/abuse by non-staff (facilities)
Disability and Disability Rights:
Intellectual/developmental disability, unspecified
Discrimination-basis:
Disability (inc. reasonable accommodations)
Medical/Mental Health:
End of life choice and DNR orders
Intellectual disability/mental illness dual diagnosis
Mental health care, unspecified
Type of Facility: