Filed Date: Dec. 12, 1986
Closed Date: 1993
Clearinghouse coding complete
On December 12, 1986, adult patients with intellectual disabilities at the Creedmoor and South Beach Psychiatric Centers filed a lawsuit through their guardians in the U.S. District Court Eastern District of New York (Brooklyn), challenging their continued confinement. Plaintiffs' complaint, brought pursuant to 42 U.S.C. § 1983, alleged that plaintiffs all suffered from intellectual disabilities and were being denied proper care and treatment because of their continued confinement in state psychiatric centers which had no appropriate programs for persons with intellectual disabilities. Defendants included the state of New York and officials from the New York State Office of Mental Health ("OMH") and State Office of Mental Retardation and Developmental Disabilities ("OMRDD"). Plaintiffs were represented by the New York Lawyers For The Public Interest, Inc. They sought injunctive relief in the form of immediate transfers to a proper care.
Our case information is limited to the complaint and PACER docket. According to the docket (only contains entries for 1/93 to 3/94), the District Court (Judge Edward R. Korman) entered a stipulation of settlement on October 6, 1993. A subsequent stipulation for settlement as to the issue of attorneys' fees was entered on March 1, 1994. The State agreed to pay fees and costs to plaintiffs in the amount of resolving attorneys' fees $96,000.
We have no further information on this case.
Summary Authors
Dan Dalton (4/14/2007)
Costantino, Mark Americus (New York)
Korman, Edward Robert (New York)
Golinker, Lewis (New York)
Semmel, Herbert (New York)
Abrams, Robert W. (New York)
Costantino, Mark Americus (New York)
Korman, Edward Robert (New York)
Last updated April 1, 2024, 3:04 a.m.
State / Territory: New York
Case Type(s):
Intellectual Disability (Facility)
Special Collection(s):
Key Dates
Filing Date: Dec. 12, 1986
Closing Date: 1993
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Mentally retarded residents of Creedmoor and South Beach Psychiatric Centers in New York.
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Issues
General:
Reassessment and care planning
Jails, Prisons, Detention Centers, and Other Institutions:
Habilitation (training/treatment)
Placement in mental health facilities
Disability and Disability Rights:
Intellectual/developmental disability, unspecified
Medical/Mental Health:
Intellectual disability/mental illness dual diagnosis
Type of Facility: