Case: Protection & Advocacy for Persons with Disabilities v. Hartford Board of Education

3:04-cv-01338 | U.S. District Court for the District of Connecticut

Filed Date: Aug. 11, 2004

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On August 11, 2004, Protection and Advocacy for Persons with Disabilities of the State of Connecticut (OPA) filed a lawsuit in the United States District Court for the District of Connecticut against the Hartford Board of Education and the Hartford Public Schools. The lawsuit challenged the refusal of the Board of Education to release identifying information for the parents and guardians of students attending the Hartford Transitional Learning Academy (HTLA), a school for seriously emotionally…

On August 11, 2004, Protection and Advocacy for Persons with Disabilities of the State of Connecticut (OPA) filed a lawsuit in the United States District Court for the District of Connecticut against the Hartford Board of Education and the Hartford Public Schools. The lawsuit challenged the refusal of the Board of Education to release identifying information for the parents and guardians of students attending the Hartford Transitional Learning Academy (HTLA), a school for seriously emotionally disturbed children. OPA sought this information so it could obtain releases from the parents and guardians in order to conduct an investigation of allegations of abuse and neglect against students. The complaint alleged violations of the Protections and Advocacy of Individuals with Mental Illness Act of 1986, the Developmental Disabilities Assistance and Bill of Rights Act, and the Protection and Advocacy of Individual Rights Act (PAIR).

On February 7, 2005, the district court (Judge Janet C. Hall) granted plaintiff's Motion for a Permanent Injunction and ordered defendants to grant OPA with physical access to the students at HTLA and with names and contact information necessary to conduct an investigation. Conn. Office of Prot. & Advocacy for Persons with Disabilities v. Hartford Bd. of Educ., 355 F. Supp. 2d 649 (D. Conn. 2005). The United States Court of Appeals for the Second Circuit (Judge Sonia Sotomayor) affirmed the decision on September 15, 2006. Conn. Office of Prot. & Advocacy for Persons with Disabilities v. Hartford Bd. of Educ., 464 F.3d 229 (2d Cir. 2006).

Summary Authors

Angela Heverling (5/25/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/2325623/parties/protection-advocacy-for-persons-with-disabilities-v-hartford-bd-of-ed/


Judge(s)

Hall, Janet C. (Connecticut)

Attorney for Plaintiff

Alisberg, Nancy B. (Connecticut)

Annon, Paulette G. (Connecticut)

Attorney for Defendant

Bird, Ann F. (Connecticut)

Expert/Monitor/Master/Other

Katsas, Gregory George (District of Columbia)

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Documents in the Clearinghouse

Document

3:04-cv-01338

Docket [PACER]

Protection & Advocacy for Persons With Disabilities v. Hartford Board of Education

Oct. 18, 2006

Oct. 18, 2006

Docket
1

3:04-cv-01338

Complaint

Aug. 11, 2004

Aug. 11, 2004

Complaint
4

3:04-cv-01338

Memorandum of Law in Support of Plaintiffs' Motion for a Preliminary Injunction

Aug. 11, 2004

Aug. 11, 2004

Pleading / Motion / Brief
12

3:04-cv-01338

Defendants' Objection to Motion for Permanent Injunction

Sept. 27, 2004

Sept. 27, 2004

Pleading / Motion / Brief
24

3:04-cv-01338

Ruling on Plaintiffs' Motion for a Permanent Injunction (Dkt. No. 3)

Feb. 7, 2005

Feb. 7, 2005

Order/Opinion
24

3:04-cv-01338

Ruling on Plaintiffs' Motion for a Permanent Injunction (Dkt. No. 3)

Feb. 7, 2005

Feb. 7, 2005

Order/Opinion

355 F.Supp.2d 355

05-01240

Opinion

U.S. Court of Appeals for the Second Circuit

Sept. 15, 2006

Sept. 15, 2006

Order/Opinion

464 F.3d 464

Docket

See docket on RECAP: https://www.courtlistener.com/docket/2325623/protection-advocacy-for-persons-with-disabilities-v-hartford-bd-of-ed/

Last updated March 25, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Hartford Bd of Ed, Hartford Public Schools, Robert Henry ( Filing fee $ 150 receipt number H013377.), filed by James McGaughey, Protection & Advocacy for Persons With Disabilities. (Attachments: # 1 Exhibits 1-6# 2 Exhibits 7-11)(Ferguson, L.) (Entered: 08/13/2004)

2 Exhibits 1-6

View on PACER

3 Exhibits 7-11

View on PACER

Aug. 11, 2004

Aug. 11, 2004

RECAP

Summons Issued as to Hartford Bd of Ed, Hartford Public Schools, Robert Henry. (Ferguson, L.)

Aug. 11, 2004

Aug. 11, 2004

PACER
2

Order on Pretrial Deadlines: Motions to Dismiss due on 11/11/04. Amended Pleadings due by 10/10/2004. Discovery due by 2/10/2005. Dispositive Motions due by 3/12/2005. (Ferguson, L.) (Entered: 08/13/2004)

Aug. 11, 2004

Aug. 11, 2004

PACER
3

MOTION for Preliminary Injunction by James McGaughey, Protection & Advocacy for Persons With Disabilities.Responses due by 9/1/2004 (Ferguson, L.) (Entered: 08/13/2004)

Aug. 11, 2004

Aug. 11, 2004

PACER
4

Memorandum in Support re 3 MOTION for Preliminary Injunction filed by James McGaughey, Protection & Advocacy for Persons With Disabilities. (Attachments: # 1 Exhibits 1-6# 2 Exhibits 7-12# 3 Exhibit 12 cont'd)(Ferguson, L.) (Entered: 08/13/2004)

2 Exhibits 1-6

View on PACER

3 Exhibits 7-12

View on PACER

4 Exhibit 12 cont'd

View on PACER

Aug. 11, 2004

Aug. 11, 2004

RECAP
5

SUMMONS Returned Executed by James McGaughey, Protection & Advocacy for Persons With Disabilities. Hartford Public Schools served on 8/13/2004, answer due 9/2/2004. (Candee, D.) (Entered: 08/19/2004)

Aug. 19, 2004

Aug. 19, 2004

PACER
6

SUMMONS Returned Executed by James McGaughey, Protection & Advocacy for Persons With Disabilities. Hartford Bd of Ed served on 8/13/2004, answer due 9/2/2004. (Candee, D.) (Entered: 08/19/2004)

Aug. 19, 2004

Aug. 19, 2004

PACER
7

SUMMONS Returned Executed by James McGaughey, Protection & Advocacy for Persons With Disabilities. Robert Henry served on 8/13/2004, answer due 9/2/2004. (Candee, D.) (Entered: 08/19/2004)

Aug. 19, 2004

Aug. 19, 2004

PACER
8

NOTICE RE: INTENT TO DESIGNATE AS AN ELECTRONICALLY FILED CASE. Response due by 9/7/2004. Signed by Judge Janet C. Hall on 8/23/04. (Cody, C.) (Entered: 08/23/2004)

Aug. 23, 2004

Aug. 23, 2004

PACER

NOTICE TO COUNSEL RE: E-FILE CALENDAR. THIS IS THE ONLY NOTICE COUNSEL WILL RECEIVE. TELEPHONIC STATUS CONFERENCE set for 8/31/2004 2:00 PM before Judge Janet C. Hall. Counsel are requested to participate in this conference, via telephone. This conference call is to be arranged between counsel. Once all parties are on the line, please telephone chambers at (203) 579-5554. (Szczygiel, G.)

Aug. 26, 2004

Aug. 26, 2004

PACER
9

NOTICE of Appearance by John Rose Jr., Ann F. Bird on behalf of Hartford Bd of Ed, Hartford Public Schools, Robert Henry (Candee, D.) (Entered: 08/31/2004)

Aug. 30, 2004

Aug. 30, 2004

PACER
10

Minute Entry for proceedings held before Judge Janet C. Hall : Status Conference held on 8/31/2004. (Court Reporter Fidanza.) (Boroskey, C.) (Entered: 09/01/2004)

Aug. 31, 2004

Aug. 31, 2004

PACER
11

ORDER DESIGNATING CASE AS E-FILED CASE. Signed by Judge Janet C. Hall on 9/13/04. (Cody, C.) (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

PACER
12

OBJECTION re 3 MOTION for Preliminary Injunction filed by Hartford Bd of Ed, Hartford Public Schools, Robert Henry. (Exhibit 1 submitted in paper form.) (Candee, D.) (Entered: 09/28/2004)

Sept. 27, 2004

Sept. 27, 2004

PACER
13

Statement of Material Facts re 3 MOTION for Preliminary Injunction filed by James McGaughey, Protection & Advocacy for Persons With Disabilities. (Attachments: #(1) Exhibits A-D #(2) Exhibit E-G #(3) Exhibits H-K) with Notice of Manual Filing.(Candee, D.) (Entered: 09/30/2004)

Sept. 28, 2004

Sept. 28, 2004

PACER
14

REPLY to Response to 3 MOTION for Preliminary Injunction filed by James McGaughey, Protection & Advocacy for Persons With Disabilities. (Alisberg, Nancy) (Entered: 10/08/2004)

Oct. 8, 2004

Oct. 8, 2004

PACER
15

AFFIDAVIT of Elizabeth Daly re: 3 MOTION for Preliminary Injunction filed by James McGaughey, Protection & Advocacy for Persons With Disabilities. (Attachments: # 1Copy of Reply to Response 14 )(Alisberg, Nancy) Modified on 10/14/2004 (Cody, C.). (Entered: 10/08/2004)

Oct. 8, 2004

Oct. 8, 2004

PACER

Document #15 corrected to identify Affidavit with attachment as document filed. (Cody, C.)

Oct. 14, 2004

Oct. 14, 2004

PACER
16

MOTION to Strike Letter of November 12 by Hartford Bd of Ed, Hartford Public Schools, Robert Henry.Responses due by 12/10/2004 (Bird, Ann) (Entered: 11/19/2004)

Nov. 19, 2004

Nov. 19, 2004

PACER
17

RESPONSE re 16 MOTION to Strike Letter of November 12 filed by James McGaughey, Protection & Advocacy for Persons With Disabilities. (Attachments: # 1 Affidavit)(Alisberg, Nancy) (Entered: 11/23/2004)

Nov. 23, 2004

Nov. 23, 2004

PACER
18

REPLY to Response to 16 MOTION to Strike Letter of November 12 filed by James McGaughey, Protection & Advocacy for Persons With Disabilities. (Attachments: # 1 Affidavit of Nancy B. Ailsberg)(Candee, D.) (Entered: 12/01/2004)

Nov. 29, 2004

Nov. 29, 2004

PACER
19

NOTICE TO COUNSEL RE: E-FILE CALENDAR. THIS IS THE ONLY NOTICE COUNSEL WILL RECEIVE. ORAL ARGUMENT RE: Motion for Preliminary/Permanent Injunction set for 1/4/2005 11:30 AM, U.S. District Court, 915 Lafayette Blvd.,Courtroom 2, Bridgeport, CT before Judge Janet C. Hall. All persons entering the courthouse must present photo identification.(Szczygiel, G.) (Entered: 12/22/2004)

Dec. 22, 2004

Dec. 22, 2004

PACER
20

NOTICE TO COUNSEL RE: E-FILE CALENDAR. THIS IS THE ONLY NOTICE COUNSEL WILL RECEIVE. ORAL ARGUMENT RE: Motion for Preliminary/Permanent Injunction set for 1/21/2005 02:00 PM (rescheduled from 1/4/05), U.S. District Court, 915 Lafayette Blvd.,Courtroom 2, Bridgeport, CT before Judge Janet C. Hall. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION.(Szczygiel, G.) (Entered: 12/23/2004)

Dec. 23, 2004

Dec. 23, 2004

PACER
21

Minute Entry for proceedings held before Judge Janet C. Hall : Motion Hearing held on 1/21/2005 re 3 MOTION for Preliminary Injunction filed by Protection & Advocacy for Persons With Disabilities, James McGaughey, 16 MOTION to Strike Letter of November 12filed by Hartford Bd of Ed, Hartford Public Schools, Robert Henry. (Court Reporter Fidanza.) (Boroskey, C.) (Entered: 01/21/2005)

Jan. 21, 2005

Jan. 21, 2005

PACER
22

NOTICE OF ELECTRONIC ORDER. THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. ORDER taking under advisement 3 Motion for Preliminary Injunction, withdrawing 16 Motion to Strike Letter of November 12. Signed by Judge Janet C. Hall on 1/21/05. (Boroskey, C.) (Entered: 01/21/2005)

Jan. 21, 2005

Jan. 21, 2005

PACER
23

NOTICE of INTENTION to CITE to SUPPLEMENTAL AUTHORITY by James McGaughey, Protection & Advocacy for Persons With Disabilities ( ATTACHMENTS SUBMITTED IN PAPER FORM ) (Simpson, T.) (Entered: 01/25/2005)

Jan. 21, 2005

Jan. 21, 2005

PACER
24

RULING ON PLAINTIFFS' 3 Motion for Permanent Injunction . The defendants are ordered to grant physicial access, names and contact information such that OPA can perform its statutory duty to investigate suspected abuse and neglect. Signed by Judge Janet C. Hall on 2/7/05. (Cody, C.) (Entered: 02/10/2005)

Feb. 8, 2005

Feb. 8, 2005

PACER
25

NOTICE OF APPEAL as to 24 RULING ON PLAINTIFFS' 3 Motion for Permanent Injunction. The defendants are ordered to grant physicial access, names and contact information such that OPA can perform its statutory duty to investigate suspected abuse and neglect. by Robert Henry, Hartford Bd of Ed, Hartford Public Schools. Filing fee $ 255, receipt number B009748. Certified copy of docket and copy of NOA mailed to USCA. (Simpson, T.) (Entered: 03/09/2005)

March 7, 2005

March 7, 2005

PACER
26

Index to Record on Appeal by Robert Henry, Hartford Bd of Ed, Hartford Public Schools re 25 Notice of Appeal, (Bird, Ann) (Entered: 03/16/2005)

March 16, 2005

March 16, 2005

PACER
27

TRANSCRIPT of Proceedings held on 1/21/05 before Judge Janet C. Hall. Court Reporter: Terri Fidanza. (Simpson, T.) (Entered: 03/18/2005)

March 18, 2005

March 18, 2005

PACER
28

Acknowledged Receipt of NOA at USCA on 3/15/05 re 25 Notice of Appeal (Simpson, T.) (Entered: 03/21/2005)

March 21, 2005

March 21, 2005

PACER
29

Index to Record on Appeal by Robert Henry, Hartford Bd of Ed, Hartford Public Schools re 25 Notice of Appeal, (Bird, Ann) (Entered: 03/24/2005)

March 24, 2005

March 24, 2005

PACER
30

USCA Scheduling Order as to 25 Notice of Appeal, filed by Hartford Bd of Ed,, Hartford Public Schools,, Robert Henry,. USCA Number: 05-1240cv (Fazekas, J.) (Entered: 04/07/2005)

April 6, 2005

April 6, 2005

PACER
31

MANDATE of USCA dated 10/18/06 Affirming the judgment of the District Court re 25 Notice of Appeal, filed by Hartford Bd of Ed, Hartford Public Schools, Robert Henry, (Candee, D.) (Entered: 10/20/2006)

Oct. 18, 2006

Oct. 18, 2006

RECAP

Case Details

State / Territory: Connecticut

Case Type(s):

Mental Health (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 11, 2004

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

State of Connecticut Office of Protection and Advocacy for Persons with Disabilities challenging the refusal to disclose directory information regarding the identity of parents and guardians of students attending Hartford Transitional Learning Academy

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Hartford Board of Education (Hartford , Hartford), School District

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Form of Settlement:

Confession of Judgment

Order Duration: 2004 - 0

Issues

Disability and Disability Rights:

Special education

Type of Facility:

Government-run