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Case Name Conn. Traumatic Brain Injury Assoc. v. Hogan ID-CT-0002
Docket / Court 2:90CV97 ( D. Conn. )
State/Territory Connecticut
Case Type(s) Intellectual Disability (Facility)
Case Summary
On February 8, 1990, the Connecticut Traumatic Brain Injury Association filed a class action lawsuit against the Connecticut Departments of Mental Health and Mental Retardation and various state hospitals in the United States District Court for the District of Connecticut. Plaintiffs were a class ... read more >
On February 8, 1990, the Connecticut Traumatic Brain Injury Association filed a class action lawsuit against the Connecticut Departments of Mental Health and Mental Retardation and various state hospitals in the United States District Court for the District of Connecticut. Plaintiffs were a class of persons with intellectual disabilities or traumatic brain injuries and who were or may be placed in Norwich or Fairfield Hills Hospitals. They were represented by Connecticut Legal Services, the Connecticut Office of Protection and Advocacy, and private attorneys. The complaint alleged violations of the Equal Protection and Due Process clauses of the Fourteenth Amendment, the Rehabilitation Act of 1973, and the Americans with Disabilities Act. Plaintiffs sought to enjoin the practice of placing non-dangerous brain injured individuals and individuals with intellectual disabilities in state hospitals for the mentally ill, where necessary treatment and training was not available.

The defendants moved to exclude those class members who were voluntarily placed into the hospitals and the District Court (Chief Judge Peter C. Dorsey) denied the motion on April 4, 1995. Conn. Traumatic Brain Injury Assoc. v. Hogan, 161 F.R.D. 8 (D. Conn. 1995).

Thereafter, the parties settled the claims of the class members with intellectual disabilities on the eve of trial. Chief Judge Peter C. Dorsey entered a stipulation and order on August 2, 1995 which approved the settlement terms. The defendants agreed to place half of the class members with intellectual disabilities into community settings by June 30, 1996 and the remaining by June 30, 1997. The defendants also agreed to provide services to the class members in accord with the standards, policies, and procedures developed in the CARC v. Thorne (ID-CT-0001) litigation. After those transfers, the Fairfield Hills Hospital and Norwich Hospital were to be closed, and the portion of the case relating to class members with intellectual disabilities was to be dismissed.

The case continued with respect to claims of class members with brain injuries. Note that the PACER docket did not contain hyper-links to case pleadings and orders and we did not have copies of subsequent case documents. Information on the history of this litigation for the period of August 2, 1995 to November 2002 was limited to the PACER docket entries.

According to the PACER docket, following the partial settlement, the case proceeded to trial, beginning on July 25, 1995 and continuing through August 16, 1995. It appears that the trial was then recessed and stayed by the court so that the parties could pursue settlement negotiations. Negotiations continued and the parties participated in numerous court ordered settlement conferences with mediator, Attorney Cousins. The remaining issues in the case did not settle.

Trial as to the claims of brain injured class members reconvened in February, 2001. The docket indicates that following post-trial motions and briefs, the District Court entered judgment for the defendants and closed the case on November 26, 2002.

Angela Heverling - 04/01/2007

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Issues and Causes of Action
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Constitutional Clause
Due Process
Equal Protection
Least restrictive environment
Classification / placement
Mental Disability
Brain injury
Intellectual/developmental disability, unspecified
Type of Facility
Causes of Action Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) Norwich & Fairfield Hills Hospitals
Plaintiff Description Mentally retarded and brain injured patients of state hospitals for the mentally ill.
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1995 - 2002
Filing Year 1990
Case Closing Year 2002
Case Ongoing No
Case Listing ID-CT-0001 : Conn. ARC v. Thorne (D. Conn.)
90-97 (D. Conn.)
ID-CT-0002-9000.pdf | Detail
Date: 02/27/2003
Source: PACER [Public Access to Court Electronic Records]
General Documents
Ruling on Pending Motions (161 F.R.D. 8) (D. Conn.)
ID-CT-0002-0004.pdf | WESTLAW| LEXIS | Detail
Date: 04/04/1995
Source: Google Scholar
ID-CT-0002-0001.pdf | Detail
Date: 07/25/1995
Stipulation and Order (D. Conn.)
ID-CT-0002-0003.pdf | Detail
Date: 07/25/1995
Fourth Amended Complaint
ID-CT-0002-0002.pdf | Detail
Date: 07/28/1995
Judges Dorsey, Peter Collins (D. Conn.)
ID-CT-0002-0003 | ID-CT-0002-0004 | ID-CT-0002-9000
Smith, Thomas P. (D. Conn.) [Magistrate]
Plaintiff's Lawyers Alisberg, Nancy B. (Connecticut)
Bell, Aileen M. (District of Columbia)
Bye, Gareth D. (Connecticut)
Cushman, Catherine E. (Connecticut)
ID-CT-0002-0002 | ID-CT-0002-0004 | ID-CT-0002-9000
Feinstein, Andrew Alan (Connecticut)
Gailor, Bet J. (Connecticut)
Lantz, Elam Jr. (Connecticut)
McDonald, Gwendolyn K. (Connecticut)
Romanelli, Irene P. (Connecticut)
ID-CT-0002-0004 | ID-CT-0002-9000
Shaw, David C. (Connecticut)
ID-CT-0002-0002 | ID-CT-0002-0003 | ID-CT-0002-0004 | ID-CT-0002-9000
Taylor, Betty J. (Connecticut)
Defendant's Lawyers Brown, Peter L. (Connecticut)
Brown, Allyn L. Jr. (Connecticut)
ID-CT-0002-0004 | ID-CT-0002-9000
Cohn, Henry S. (Connecticut)
ID-CT-0002-0003 | ID-CT-0002-0004 | ID-CT-0002-9000
Comerford, Jane D. (Connecticut)
ID-CT-0002-0004 | ID-CT-0002-9000
Horn, Marianne (Connecticut)
Jaff, Jennifer C. (Connecticut)
ID-CT-0002-0004 | ID-CT-0002-9000
Lahey, Paul J. (Connecticut)
ID-CT-0002-0004 | ID-CT-0002-9000
Lynch, Richard J. (Connecticut)
Rosenfeld, Martin T. (Connecticut)
ID-CT-0002-0004 | ID-CT-0002-9000
Salton, Henry A. (Connecticut)
ID-CT-0002-0003 | ID-CT-0002-0004 | ID-CT-0002-9000
Welsh, James P. (Connecticut)
ID-CT-0002-0003 | ID-CT-0002-0004 | ID-CT-0002-9000
York, Thomas B. (Pennsylvania)
Other Lawyers Appleby, Bethany L. (Connecticut)
Chambers, Susan S. (Connecticut)
Conlon, Jacquelyn (Connecticut)
Gerner, Patricia A. (Connecticut)
Hourihane, Marcella A. (Connecticut)
Monahan, Patrick J. II (Connecticut)
Osswalt, Edward F. (Connecticut)
Pari, Phyllis M. (Connecticut)
Weaver, Maureen (Connecticut)
Wihbey, Linda T. (Connecticut)

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