Case: Nicoletti v. Brown

1:87-cv-01456 | U.S. District Court for the Northern District of Ohio

Filed Date: June 12, 1987

Closed Date: 1993

Clearinghouse coding complete

Case Summary

On June 12, 1987, several involuntarily committed persons with intellectual disabilities residing at the Cleveland Developmental Center [CDC] filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in U.S. District Court for the Northern District of Ohio, challenging conditions at the CDC. The complaint named as defendants the Ohio Department of Mental Retardation and Developmental Disabilities (ODMR/DD) and CDC officials. The Ohio Department of Human Services (ODHS) and its director, and ot…

On June 12, 1987, several involuntarily committed persons with intellectual disabilities residing at the Cleveland Developmental Center [CDC] filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in U.S. District Court for the Northern District of Ohio, challenging conditions at the CDC.

The complaint named as defendants the Ohio Department of Mental Retardation and Developmental Disabilities (ODMR/DD) and CDC officials. The Ohio Department of Human Services (ODHS) and its director, and other agencies and officials were subsequently added as defendants.

Defendants moved to dismiss the complaint. The District Court (Judge Alvin I. Krenzler) granted defendants' motion in part and denied it in part. Nicoletti v. Brown, 740 F.Supp. 1268 (N.D. Ohio 1987). A Second Amended Complaint was subsequently filed and additional plaintiffs intervened in the action. Additional claims were made regarding conditions at the Broadview and Warrensville Developmental Centers.

The PACER docket is incomplete and is missing blocks of entries. As a result, we do not know what substantive case activity took place in 1988 and 1989.

According to the docket, on June 19, 1990, a settlement conference was held by the District Court (Judge Alvin I. Krenzler), at which time the case was resolved.

On August 8, 1990, the District Court (Judge Alvin I. Krenzler) entered a Consent Order, which dissolved prior court orders. The Consent Order directed the ODMR/DD defendants to comply with Medicaid ICF/MR standards at BDC and WDC. It further ordered that prior to the transfer of any resident the ODMR/DD was to provide them with a post discharge plan. The Court appointed Anthony DiNuzzo as Special Master. The Court later appointed Susan Arnoczky Ph.D., as a special advisor to the Court regarding the certification of Broadview and other issues relevant to the case.

On October 12 1993, the District Court entered an order dissolving and terminating the Consent Order of 8/8/90 and dismissing the action without prejudice. The Docket notes that the Cleveland and Broadview Developmental Centers had been closed and that the Warrensville Developmental Center had been certified under the Medicaid program as an Intermediate Care Facility for the Mentally Retarded.

Summary Authors

Dan Dalton (3/15/2007)

Related Cases

DOJ CRIPA Investigation of Broadview, Cleveland, and Warrensville Developmental Centers, No Court (None)

People


Judge(s)

Hemann, Patricia A. (Ohio)

Krenzler, Alvin I. (Ohio)

Attorney for Plaintiff

Gerhardstein, Walter J. (Ohio)

Attorney for Defendant

Kovach, David J. (Ohio)

Expert/Monitor/Master/Other

Egan, Shane (Ohio)

Judge(s)

Hemann, Patricia A. (Ohio)

Krenzler, Alvin I. (Ohio)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

1:87-cv-01456

Docket (PACER)

Feb. 22, 1994

Feb. 22, 1994

Docket

1:87-cv-01456

Memorandum of Opinion and Order Granting in Part and Denying in Part Defendants' Motion to Dismiss

Oct. 29, 1987

Oct. 29, 1987

Order/Opinion

740 F.Supp. 740

Docket

Last updated March 19, 2024, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (class action); jury demand (Summons(es), magistrate consent form issued) ( 22 pgs) (W,Gloria) (Entered: 09/18/1991)

June 12, 1987

June 12, 1987

31

AMENDED COMPLAINT (class action) by plaintiffs Phillip Nicoletti, Frank Koniecdynski, Wayne Cook, and Wanda Cook [1-1]; adding Martin J Pitts, Jack Eller, Ronald Moots, Dora Lee Metivier, Lois Anne Wesebaum, Mark Allen Liest, Ronald C Boley, Pamela K Matura, Charles M Kennedy, Jerry D Johnson, Paul A Young, Patricia Barry and Paul Offner ( 84 pgs) (summs issd re new dfts) (W,Gloria) (Entered: 09/18/1991)

Oct. 1, 1987

Oct. 1, 1987

48

INTERVENOR'S COMPLAINT by intervenor-plaintiffs Francis Johnson, Lawrence Haas, Jackie Burts, and Lora Mae Davis ( 9 pgs) (W,Gloria) (Entered: 09/18/1991)

Nov. 23, 1987

Nov. 23, 1987

57

2nd AMENDED COMPLAINT (class action) by plaintiffs [48-1], [31-1], [1-1] ( 65 pgs) (W,Gloria) (Entered: 09/18/1991)

Dec. 8, 1987

Dec. 8, 1987

59

ORDER dismissing party Lora Mae Davis . Notice of pla of dism pursu to R 41(a)(10) dism w/o prej all claims against all dfts in this case. (issued on 12/9/87) Judge Alvin I. Krenzler (W,Gloria) (Entered: 09/18/1991)

Dec. 8, 1987

Dec. 8, 1987

60

ORDER dismissing dfts Paul A Young, Jerry D Johnson, Charles M Kennedy, Pamela K Matura, Ronald C Boley, and Jeffrey Speiss pur to ntc of plas pur to R 41(a)(1) dism w/o prej their claims against dfts. And dismissing plas Ronald Moots and Martin J Pitts pur to R 41(a) dism w/o prej their claims against all dfts in this case. (issued on 12/9/87) Judge Alvin I. Krenzler (W,Gloria) (Entered: 09/18/1991)

Dec. 8, 1987

Dec. 8, 1987

74

AMENDED INTERVENOR'S COMPLAINT by intervenor-plaintiffs Annie Evans, Frank Ball, Charles Penko, and Zell Herbert - class action ( 17 pgs) (W,Gloria) (Entered: 09/19/1991)

Feb. 22, 1988

Feb. 22, 1988

153

ORDER that Peter Andreano, Lynn Tabac, Anthony Cox, Dianne Donnelly, Michael Castano, Pamela J. Burnett, Melvin Hill, and David Pucell be added as pty pltfs re: plas' 2nd amd cmplt; that all allegations contained in all causes of action in plas 2nd amdcomplt on behalf of plas Metivier and Wesebaum, be set forth in length as that of plas Andreano, Tabac, Cox, Donnelly, Castano, Burnett, Hill & Pucell; and that the names Peter Andreano, Lynn Tabac, Anthony Cox, Dianne Donnelly, Michael Castano, Pamela J. Burnett, Melvin Hill & David Purcell be added to plas' 2nd amdcmplt. (issued on 7/11/89) ( 4 pgs) Judge Alvin I. Krenzler (W,Gloria) (Entered: 09/19/1991)

July 11, 1989

July 11, 1989

189

MINUTES of proceedings before Judge Alvin I. Krenzler ; Court reporter G. Staiduhar ; Settlement conf held. Plas requested lv to file written mot to dism by oral mot; ct grants lv to file mot & resp thereto; ct states partys have until 7/13/90 to file consent decree appointing Anthony Dinuzzo as Sp Master & Susan Arnowski as Sp auditor to ct; if decree is not forthcoming by June 13, ct will issue its own ord to same effect. All ptys stated approval of Mr. Dinuzzo. ( 1 pg) (W,Gloria) (Entered: 09/19/1991)

June 19, 1990

June 19, 1990

195

CONSENT ORDER dissolving the ord re prelim inj & dissolving ord holding plas' mot for contempt in abeyance & granting plas' mot for appt of Sp Master; further ord directing the ODMR/DD dfts to comply with Medicaid ICF/MR standards at BDC and WDC and that prior to the transfer of any resident the ODMR/DD dfts to provide them with a post discharge plan; further ord appointing Anthony DiNuzzo as Sp Master until 6/30/92 or until the time BBC closes or until 6/30/91 if funding unavailable; the ODMR/DD dfts to bear all costs re services of SP Master, etc; further ord setting forth the responsibilities, power & authority of the Sp Master, etc. (issued on 8/8/90) ( 12 pgs) Judge Alvin I. Krenzler (W,Gloria) (Entered: 09/19/1991)

Aug. 8, 1990

Aug. 8, 1990

190

ORDER re: consent decree & appt of special master; the ct on the record advised all of the ptys that they had until 7/13/90 to enter into a consent decree; this consent decree shall be filed with the ct on or before 7/13/90; the ct hereby appoints Anthony DiNuzzo as Sp Master & will issue separate ord of reference. If ptys do not enter consent decree approved by the ct, the court will enter its own ord setting forth the work to be done by the Sp Master; ct also appts Susan Arnoczky Ph D, as a special advisor to the ct in re the certification of Broadview & other issues relevant to this case. (issued on 9/21/90) ( 2 pgs) Judge Alvin I. Krenzler (W,Gloria) (Entered: 09/19/1991)

June 20, 1991

June 20, 1991

219

ORDER of 3/15/91 vacating the 3/1/91 ord of ref is amd nunc pro tunc to read: pursu to this ct's ord of ref of 3/1/91, two reqs of the Sp Master in the above-captioned case were ref to US Mag Judge Jack B Streepy for an evidentiary hrg & a R&R decision. The hrg date was set for Sun, 3/3/91. Prior to the hrg, ptys notified Mag Judge Streepy that they had resolved the two reqs & did not require a hrg. Specifically, the ptys agree that the dfts would withdraw their objs to the ct's 1/25/91 ord & would augument the Sp Master's budget by $30,000 through the fiscal yr expiring 6/30/91. This ct agrees that a hrg & rpt are no longer required & accordingly vacates its ord of ref to the Mag Judge issd 3/1/91, & orders the dfts to augument the Sp Master's FY 1991 budget by $30,000. (issued on 8/5/91) ( 2 pgs) Judge Alvin I. Krenzler (W,Gloria) (Entered: 09/19/1991)

Aug. 5, 1991

Aug. 5, 1991

220

ORDER finding Sp Master's req for addl funds is reasonable & necessary for the Sp Master to perform his duties. The court orders that the Sp Master's budget for the fiscal yr ending 6/30/92, shall be augmented by $36,000, for a total of $148,500 for the fiscal year. The Sp Master's annual budget for all subsequent fiscal yrs shall be $150,000.00 (issued on 12/30/91) ( 2 pgs) Judge Alvin I. Krenzler (W,Gloria) (Entered: 12/30/1991)

Dec. 30, 1991

Dec. 30, 1991

221

ORDER: Court finds Special Master's request for additional funds is reasonable and necessary; therefore, Special Master's budget for the fiscal year ending 6/30/92 shall be augmented by $25,000.00 (issued on 5/26/92) ( 2 pgs) Judge Alvin I. Krenzler (E,E) (Entered: 05/27/1992)

May 26, 1992

May 26, 1992

222

MOTION by pltfs to extend the term of the Special Master past 6/30/92, so as to continue the term until Broadview Developmental Center closes. ( 9 pgs & exh) (M,J A A) (Entered: 06/23/1992)

June 23, 1992

June 23, 1992

223

RESPONSE by Jerome Manuel, Ronald Boley and Ronald I Ostroff to pltfs' motion to extend the term of the Special Master past 6/30/92, so as to continue the term until Broadview Developmental Center closes. [222- 1] ( 2 pgs) (B,BA A) (Entered: 07/02/1992)

June 30, 1992

June 30, 1992

MARGINAL ENTRY ORDER: granting motion to extend the term of the Special Master past 6/30/92, so as to continue the term until Broadview Developmental Center closes. [222-1] (issued on 7/1/92) Judge Alvin I. Krenzler (B,BA A) (Entered: 07/02/1992)

July 1, 1992

July 1, 1992

224

ORDER: Granting pltf's mot to extend term of Special Master to December 31,1992. Defts shall continue to bear all reasonable & necessary costs for the duties & services of the Special Master, unless the defts are unable to secure funding for any budget req of the Special Master, despite their good faith effort to secure such funding. In the event that defts are unable to secure funding for any budget req of the Special Master, the term of the Special Master shall expire 6/30/92. (issued on 7/1/92) ( 2 pgs) Judge Alvin I. Krenzler (B,BA A) (Entered: 07/02/1992)

July 1, 1992

July 1, 1992

225

LETTER from special master to court re: approving layoffs at Broadview Developmental Center. ( 1 pg) (Copy) (B,BA A) (Entered: 08/17/1992)

Aug. 13, 1992

Aug. 13, 1992

226

LETTER (Copy) from special master to Ronald Ostroff re: Broadview's layoff plan. ( 1 pg) (B,BA A) (Entered: 08/31/1992)

Aug. 27, 1992

Aug. 27, 1992

227

MOTION by pltfs to extend the term of the special master until 3/31/93 to allow him to close his files & issue all final reports on this matter ( 3+attach pgs) (B,BA A) (Entered: 02/03/1993)

Feb. 3, 1993

Feb. 3, 1993

228

MOTION by defts for order dissolving & terminating Consent Order entered on 8/8/90 , and to dismiss case ( 13+attach pgs) (B,BA A) (Entered: 02/10/1993)

Feb. 9, 1993

Feb. 9, 1993

229

NOTICE by pltfs of withdrawal of motion to extend the term of Special Master. ( 2 pgs) (B,BA A) (Entered: 02/11/1993)

Feb. 11, 1993

Feb. 11, 1993

230

MOTION by intervenor-plaintiffs for ext of time, utnil 3/16/93 to file memo contra dfts' mot to dissolve and term consent order and for final order of dism ( 3 pgs) (S,R) (Entered: 02/26/1993)

Feb. 26, 1993

Feb. 26, 1993

231

MEMORANDUM by pltfs in opposition to defts' motion for order dissolving & terminating Consent Order entered on 8/8/90 [228-1], to motion to dismiss case [228-2] ( 10+attach (B,BA A) (Entered: 03/01/1993)

March 1, 1993

March 1, 1993

232

MOTION (Ltr request) to extend the term of Special Master filed by Anthony DiNuzzo. (1 pg) (B,BA A) (Entered: 03/09/1993)

March 8, 1993

March 8, 1993

233

MEMORANDUM by pltf-intervenors in opposition to defts' motions for order dissolving & terminating Consent Order entered on 8/8/90 [228-1] & to dismiss case ( 18 pgs) (B,BA A) (Entered: 03/16/1993)

March 16, 1993

March 16, 1993

MARGINAL ENTRY ORDER: granting motion for ext of time, until 3/16/93 to file memo contra dfts' mot to dissolve and term consent order and for final order of dism [230-1] (issued on 3/19/93) Judge Thomas D. Lambros (K,V) (Entered: 03/22/1993)

March 19, 1993

March 19, 1993

234

MOTION by defts to extend time to 4/16/93 to reply to pltfs' memo in opp to defts' motion to dissolve & terminate the consent order and for final entry of dismissal ( 4 pgs) (B,BA A) (Entered: 04/07/1993)

April 6, 1993

April 6, 1993

235

MOTION by defts for leave to file instanter their reply to response to their mot to dissolve & terminate cosent order (Reply attached) ( 3+attach pgs) (B,BA A) (Entered: 04/20/1993)

April 20, 1993

April 20, 1993

236

MOTION by pltfs for leave to file response to defts' memo in rply to pltfs' memo opp defts' motion to dissolve & terminate Consent Order (Response attached) ( 2+attach pgs) (B,BA A) (Entered: 05/06/1993)

May 6, 1993

May 6, 1993

MARGINAL ENTRY ORDER: granting defts' motion to extend time to 4/16/93 to reply to pltfs' memo in opp to defts' motion to dissolve & terminate the consent order and for final entry of dismissal [234-1] (issued on 5/6/93) Judge Thomas D. Lambros (B,BA A) (Entered: 05/07/1993)

May 6, 1993

May 6, 1993

237

ORDER: Case referred to Mag. Judge Patricia A. Hemann (issued on 5/12/93) (1 pg) Judge Thomas D. Lambros (B,BA A) (Entered: 05/12/1993)

May 12, 1993

May 12, 1993

238

MINUTES of proceedings before Mag. Judge Patricia A. Hemann ; ptys to consider stipulated dism w/o prej & will file resp to req of Sp Master for payt of costs. ( 1 pg) (W,Gloria) (Entered: 08/24/1993)

Aug. 23, 1993

Aug. 23, 1993

239

MEMORANDUM by defts in opposition to letter of Special Master ( 6 pgs) (B,BA A) (Entered: 08/25/1993)

Aug. 24, 1993

Aug. 24, 1993

240

MEMORANDUM IN REPLY by defendant re [233-1] to plas' & pla'intervenors' memoranda opposing dfts' mot to dissolve & terminate consent order & for final entry of dism. ( 3 pgs) (W,Gloria) (Entered: 09/20/1993)

Sept. 20, 1993

Sept. 20, 1993

MARGINAL ENTRY ORDER granting plas' motion for leave to file response to defts' memo in rply to pltfs' memo opp defts' motion to dissolve & terminate Consent Order [236-1] on 9/20/93) Mag. Judge Patricia A. Hemann (W,Gloria) (Entered: 09/20/1993)

Sept. 20, 1993

Sept. 20, 1993

241

RESPONSE by plaintiff to memorandum in reply [240-1] of defts' to plas' memorandum opposing dfts' mot to dissolve & terminate consent ord. ( 4 pgs) (W,Gloria) (Entered: 09/20/1993)

Sept. 20, 1993

Sept. 20, 1993

242

ORDER: Cleve Developmental Ctr & the Broadview Developmental Ctr are closed; Warensville Developmental Ctr is & since Oct. of 1988, has been certified under the Medicaid program as an Intermediate Care Facility for the Mentally Retarded; the Consent Order of 8/8/90 is dissolved & terminated; and, this action is dismissed w/o prejudice at the defts' costs. dismissing case (issued on 10/13/93) ( 2 pgs) Judge Thomas D. Lambros (B,BA A) (Entered: 10/13/1993)

Oct. 12, 1993

Oct. 12, 1993

243

REPORT AND RECOMMENDATION , Accordingly, the undersigned recommends that the Special Master's motion for extention so that out-of- pocket expenses and personal service costs incurred by him betw 1/1/93 & 2/15/93 may be reimbursed be DENIED. (issued on 10/15/93) ( 2 pgs) Mag. Judge Patricia A. Hemann (L (Entered: 10/15/1993)

Oct. 12, 1993

Oct. 12, 1993

244

ORDER that the case referral order is hereby term, and this case is retn to the referring judge. (issued on 10/15/93) ( 1 pg) Mag. Judge Patricia A. Hemann (L (Entered: 10/15/1993)

Oct. 12, 1993

Oct. 12, 1993

245

ORDER: Referring all post-judgment matters to the docket of Judge Wells. (issued on 2/22/94) (1 pg) Judge Thomas D. Lambros (B,BA A) (Entered: 03/01/1994)

Feb. 22, 1994

Feb. 22, 1994

Case Details

State / Territory: Ohio

Case Type(s):

Intellectual Disability (Facility)

Key Dates

Filing Date: June 12, 1987

Closing Date: 1993

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Involunatarily committed residents at the Cleveland, Broadview and Warrensville Developmental Centers.

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Cleveland Developmental Center (Cleveland), State

Ohio Department of Mental Retardation and Developmental Disabilities (ODMR/DD), State

Ohio Department of Human Services (ODHS), State

Warrensville Developmental Center, State

Broadview Developmental Center, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1990 - 1993

Issues

General:

Neglect by staff

Totality of conditions

Medical/Mental Health:

ICF/MR & HCFA standards

Type of Facility:

Government-run