Case: Leocata v. Social Services

3:02-cv-01066 | U.S. District Court for the District of Connecticut

Filed Date: June 19, 2002

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On June 19, 2002, an elderly woman with advanced dementia filed a lawsuit under 42 U.S.C. § 1983, the Medicaid statute, and the 5th and 14th amendments, against the Connecticut Department of Human Services and the U.S. Department of Health and Human Services in the United States District Court for the District of Connecticut. Plaintiff, represented by private counsel, asked the court for declaratory and injunctive relief, claiming that Medicaid would not meet her specialized medical needs. At…

On June 19, 2002, an elderly woman with advanced dementia filed a lawsuit under 42 U.S.C. § 1983, the Medicaid statute, and the 5th and 14th amendments, against the Connecticut Department of Human Services and the U.S. Department of Health and Human Services in the United States District Court for the District of Connecticut. Plaintiff, represented by private counsel, asked the court for declaratory and injunctive relief, claiming that Medicaid would not meet her specialized medical needs. At the time of filing, Plaintiff resided in an assisted living facility; she was paying those costs from her own assets, which were rapidly depleting. Plaintiff claimed that she would be forced to move to a nursing home, which would not meet her medical needs, because Medicaid did not cover services provided in an assisted living facility.

On November 3, 2004, the Court (Judge Christopher F. Droney) issued a ruling on motions to dismiss and for a preliminary injunction. Leocata v. Wilson-Coker, 343 F.Supp.2d 144 (D. Conn. Nov. 3, 2004). The Court granted Defendants' motion to dismiss for lack of standing and failure to state a claim, denied Plaintiffs' request for a preliminary injunction, and directed the Clerk to enter judgment in favor of Defendants and close the case. The Second Circuit Court of Appeals affirmed the judgment in a summary order on December 7, 2005. There has been no further action in the case.

Summary Authors

Haley Waller (2/13/2011)

People


Judge(s)

Droney, Christopher Fitzgerald (Connecticut)

Attorney for Plaintiff
Attorney for Defendant

Blumenthal, Richard (Connecticut)

DeMattia, Tanya Feliciano (Connecticut)

Dover, Marleigh D. (District of Columbia)

Feliciano, Tanya (Connecticut)

Documents in the Clearinghouse

Documents in this case

3:02-cv-01066

Docket

Dec. 7, 2005

Dec. 7, 2005

Docket
28

3:02-cv-01066

MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR TEMPORARY INJUNCTION

Leocata v. Wilson-Coker

April 27, 2004

April 27, 2004

Pleading / Motion / Brief
29

3:02-cv-01066

MEMORANDUM IN SUPPORT OF FEDERAL DEFENDANT’S OPPOSITION TO PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION

Leocata v. Wilson-Coker

May 12, 2004

May 12, 2004

Pleading / Motion / Brief
30

3:02-cv-01066

DEFENDANT COMMISSIONER’S OPPOSITION TO PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION

Leocata v. Thompson

May 19, 2004

May 19, 2004

Pleading / Motion / Brief
33

3:02-cv-01066

PLAINTIFF'S AMENDED COMPLAINT

Leocata v. Wilson-Coker

July 9, 2004

July 9, 2004

Complaint
44

3:02-cv-01066

MEMORANDUM IN SUPPORT OF STATE DEFENDANT'S MOTION TO DISMISS

Leocata v. Thompson

July 16, 2004

July 16, 2004

Pleading / Motion / Brief
53

3:02-cv-01066

FEDERAL DEFENDANT’S POST-HEARING MEMORANDUM IN OPPOSITION TO PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION AND FEDERAL DEFENDANT’S MEMORANDUM IN SUPPORT OF MOTION TO DISMISS AMENDED COMPLAINT

Leocata v. Wilson-Coker

July 28, 2004

July 28, 2004

Pleading / Motion / Brief
55

3:02-cv-01066

SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION

Leocata v. Thompson

July 28, 2004

July 28, 2004

Pleading / Motion / Brief
57

3:02-cv-01066

OBJECTION TO STATE DEFENDANT’S MOTION TO DISMISS

Leocata v. Wilson-Coker

Aug. 6, 2004

Aug. 6, 2004

Pleading / Motion / Brief
58

3:02-cv-01066

RULING ON MOTIONS TO DISMISS AND MOTION FOR PRELIMINARY INJUNCTION

Leocata v. Wilson-Coker

Nov. 3, 2004

Nov. 3, 2004

Order/Opinion

343 F.Supp.2d 144

Docket

Last updated March 25, 2025, 8:11 a.m.

ECF Number Date Description Link
1 June 19, 2002

COMPLAINT Filing Fee $ 150.00 Receipt # H006592 (Ferguson, L.) (Entered: 06/20/2002)

PACER
2 June 19, 2002

ORDER on Pretrial Deadlines handed to counsel Discovery cutoff 12/19/02 ; Dispositive Motions due 1/18/03 Amended Pleadings due 08/19/02 Motions to Dismiss due 09/19/02 (Ferguson, L.) (Entered: 06/20/2002)

PACER
June 19, 2002

SUMMONS(ES) issued for Dept of Soc Svc , HHS (Ferguson, L.) Modified on 06/26/2002 (Entered: 06/20/2002)

PACER
3 June 27, 2002

SUMMONS Returned Executed on 6/24/02 as to US Attorney (Montgomery, C.) (Entered: 06/27/2002)

PACER
4 June 27, 2002

SUMMONS Returned Executed on 6/24/02 as to HHS (Montgomery, C.) (Entered: 06/27/2002)

PACER
5 June 27, 2002

SUMMONS Returned Executed on 6/24/02 as to HHS (Montgomery, C.) (Entered: 06/27/2002)

PACER
6 June 27, 2002

SUMMONS Returned Executed on 6/21/02 as to Dept of Social Services (Montgomery, C.) (Entered: 06/27/2002)

PACER
7 July 2, 2002

APPEARANCE of Attorney for Dept of Social Services −− Richard J. Lynch and Tanya Feliciano (Montgomery, C.) (Entered: 08/22/2002)

PACER
8 July 10, 2002

Certified Return Receipt Card as to U.S. Attorney on 6/21/02 (Montgomery, C.) (Entered: 07/11/2002)

PACER
9 July 11, 2002

MOTION by Dept of Social Services to Extend Time to 8/20/02 to answer (Montgomery, C.) (Entered: 07/11/2002)

PACER
10 July 15, 2002

SUMMONS Returned Executed on 7/1/02 as to HHS (Montgomery, C.) (Entered: 07/16/2002)

PACER
July 16, 2002

ENDORSEMENT granting [9−1] motion to Extend Time to 8/20/02 to answer ( signed by Judge Christopher F. Droney ) (Montgomery, C.) (Entered: 07/16/2002)

PACER
11 Aug. 12, 2002

MOTION by Michela Leocata to Extend Time to file 26(f) report until after all appearances are filed (Montgomery, C.) (Entered: 08/12/2002)

PACER
13 Aug. 21, 2002

APPEARANCE of Attorney for HHS −− Carolyn Aiko Ikari (Montgomery, C.) Modified on 08/22/2002 (Entered: 08/22/2002)

PACER
14 Aug. 21, 2002

MOTION by HHS to Extend Time to 9/25/02 to answer (Montgomery, C.) (Entered: 08/22/2002)

PACER
Aug. 21, 2002

ENDORSEMENT granting [11−1] motion to Extend Time to file 26(f) report until 9/15/02, 26(f) Report of Conference Due 9/15/02 ( signed by Judge Christopher F. Droney ) (Gothers, M.) (Entered: 08/21/2002)

PACER
Aug. 28, 2002

ENDORSEMENT granting [14−1] motion to Extend Time to 9/25/02 to answer ( signed by Judge Christopher F. Droney ) (Montgomery, C.) (Entered: 08/28/2002)

PACER
Aug. 28, 2002

ENDORSEMENT granting [12−1] motion to Extend Time to 10/19/02 to respond to Complaint ( signed by Judge Christopher F. Droney ) (Montgomery, C.) (Entered: 08/28/2002)

PACER
15 Sept. 20, 2002

MOTION by HHS to Dismiss (Brief Due 10/11/02 ) (Kunofsky, L.) (Entered: 09/23/2002)

PACER
16 Sept. 20, 2002

MEMORANDUM by HHS in support of [15−1] motion to Dismiss (Kunofsky, L.) (Entered: 09/23/2002)

PACER
17 Oct. 3, 2002

REPORT of Parties Planning Meeting (Montgomery, C.) (Entered: 10/03/2002)

PACER
18 Oct. 11, 2002

MOTION by Dept of Social Services to Extend Time until 11/18/02 to file motion to dismiss (Bauer, J.) (Entered: 10/11/2002)

PACER
19 Oct. 11, 2002

OBJECTIONS by Michela Leocata to [15−1] motion to Dismiss by HHS (Bauer, J.) (Entered: 10/15/2002)

PACER
Oct. 18, 2002

ENDORSEMENT granting [18−1] motion to Extend Time until 11/18/02 to file motion to dismiss ( signed by Judge Christopher F. Droney ) (Blue,A.) (Entered: 10/18/2002)

PACER
20 Nov. 13, 2002

MOTION by HHS, Dept of Social Services to Dismiss complaint (Brief Due 12/4/02 ) (Montgomery, C.) (Entered: 11/13/2002)

PACER
21 Nov. 13, 2002

MEMORANDUM by HHS, Dept of Social Services in support of [20−1] motion to Dismiss complaint (Montgomery, C.) (Entered: 11/13/2002)

PACER
Nov. 27, 2002

ENDORSEMENT granting [17−1] report of parties planning meeting ( signed by Judge Christopher F. Droney ) (Montgomery, C.) (Entered: 12/02/2002)

PACER
22 Dec. 3, 2002

OBJECTIONS by Michela Leocata to [20−1] motion to Dismiss complaint by Dept of Social Services, HHS (Montgomery, C.) (Entered: 12/03/2002)

PACER
23 March 13, 2003

ORDERED that within 21 days the parties shall file a joint status report ( signed by Judge Christopher F. Droney ) (Grady, B.) (Entered: 03/13/2003)

PACER
24 April 1, 2003

Joint STATUS REPORT (Basile, F.) (Entered: 04/01/2003)

PACER
25 Sept. 16, 2003

APPEARANCE of Attorney for HHS, Dept of Social Services −−Cliffor M. Pierce (Basile, F.) (Entered: 09/16/2003)

PACER
26 Sept. 19, 2003

Motion hearing held re: [20−1] motion to Dismiss complaint by Dept of Social Services, HHS, [15−1] motion to Dismiss by HHS ( CFD) (Basile, F.) (Entered: 09/22/2003)

PACER
Sept. 19, 2003

MINUTE Entry: [20−1] motion to Dismiss complaint under advisement, [15−1] motion to Dismiss under advisement ( CFD) (Basile, F.) (Entered: 09/22/2003)

PACER
27 April 27, 2004

MOTION for Temporary Injunction by Michela Leocata.Responses due by 5/18/2004 (Basile, F.) (Entered: 04/27/2004)

PACER
28 April 27, 2004

Memorandum in Support re 27 MOTION for Preliminary Injunction filed by Michela Leocata. (Basile, F.) (Entered: 04/27/2004)

PACER
30 May 19, 2004

Memorandum in Opposition re 27 MOTION for Preliminary Injunction filed by Dept of Social Services. (Attachments: # 1 Affidavit # 2 Exhibit)(Basile, F.) (Entered: 05/19/2004)

PACER
31 June 22, 2004

ORDER re 27 MOTION for Preliminary Injunction filed by Michela Leocata, Set Deadlines as to 27 MOTION for Preliminary Injunction. Motion Hearing set for 7/19/2004 10:00 AM in Courtroom Two − Hartford before Judge Christopher F. Droney.. Signed by Judge Christopher F. Droney on 6/22/04. (Bauer, J.) (Entered: 06/22/2004)

PACER
June 23, 2004

Show Cause Hearing set for 7/19/2004 10:00 AM in Courtroom Two − Hartford before Judge Christopher F. Droney. (Johnson, D.) (Entered: 06/23/2004)

PACER
32 July 8, 2004

Calendar Entry Telephonic Status Conference set for 7/13/2004 04:30 PM in Chambers Room 108 − Hartford Annex before Judge Christopher F. Droney. Council are instructed to refer to the attached special instructions.(Attachments: # 1)(Newcomb, P.) (Entered: 07/08/2004)

PACER
33 July 9, 2004

AMENDED COMPLAINT against HHS, Dept of Social Services , filed by Michela Leocata.(Basile, F.) (Entered: 07/13/2004)

PACER
34 July 9, 2004

MEMORANDUM OF LAW IN SUPPORT re 33 Amended Complaint by Michela Leocata. (Basile, F.) (Entered: 07/13/2004)

PACER
35 July 9, 2004

PRE−HEARING MEMORANDUM filed by Michela Leocata. (Basile, F.) (Entered: 07/13/2004)

PACER
36 July 12, 2004

RESPONSE to 31 order to show cause filed by Dept of Social Services. (Bauer, J.) (Entered: 07/13/2004)

PACER
37 July 12, 2004

RESPONSE re: 31 order filed by HHS. (Bauer, J.) (Entered: 07/13/2004)

PACER
38 July 13, 2004

RESPONSE re 33 Amended Complaint filed by Dept of Social Services. (Bauer, J.) (Entered: 07/13/2004)

PACER
39 July 13, 2004

ORDER Granting Motion to Amend Complaint without prejudice to filing a motion for more definite statement, to dismiss or for summary judgment.. Signed by Judge Christopher F. Droney on 07/13/04. (Droney, Christopher) (Entered: 07/13/2004)

PACER
40 July 14, 2004

Calendar Entry ** Show Cause Hearing set for 7/19/2004 at 10:00 AM in Courtroom Two − Hartford, before Judge Christopher F. Droney. (Newcomb, P.) (Entered: 07/14/2004)

PACER
41 July 16, 2004

MOTION in Limine by Dept of Social Services.Responses due by 8/6/2004 (Walker, J.) (Entered: 07/19/2004)

PACER
42 July 16, 2004

Memorandum in Support re 41 MOTION in Limine filed by Dept of Social Services. (Walker, J.) (Entered: 07/19/2004)

PACER
43 July 16, 2004

MOTION to Dismiss Amended Complaint by Dept of Social Services.Responses due by 8/6/2004 (Walker, J.) (Entered: 07/19/2004)

PACER
44 July 16, 2004

Memorandum in Support re 43 MOTION to Dismiss filed by Dept of Social Services. (Attachments: # 1 Exhibits to Memorandum − filed in paper form only)(Walker, J.) (Entered: 07/19/2004)

PACER
45 July 19, 2004

Minute Entry for proceedings held before Judge Christopher F. Droney : Motion Hearing held on 7/19/2004 re 27 MOTION for Preliminary Injunction filed by Michela Leocata. (Court Reporter Martha Marshall.) (Basile, F.) (Entered: 07/21/2004)

PACER
46 July 19, 2004

Marked Exhibit List by HHS, Dept of Social Services. (Basile, F.) (Entered: 07/21/2004)

PACER
48 July 19, 2004

Marked Witness List by Michela Leocata. (Basile, F.) (Entered: 07/21/2004)

PACER
July 19, 2004

Motions Taken Under Advisement: 27 MOTION for Preliminary Injunction (Basile, F.) (Entered: 07/21/2004)

PACER
49 July 21, 2004

MOTION for Extension of Time until 7/28/04 to file post−hearing brief by HHS, Dept of Social Services. (Kunofsky, L.) (Entered: 07/22/2004)

PACER
50 July 22, 2004

ELECTRONIC ORDER granting 49 Motion for Extension of Time to July 28, 2004 to file post−hearing brief. Signed by Judge Christopher F. Droney on 7/22/04. (Newcomb, P.) (Entered: 07/22/2004)

PACER
51 July 22, 2004

MOTION for Extension of Time to 7/28/04 to file supplemental brief to respond to Plaintiff's argument raised at 7/19 hearing by HHS, Dept of Social Services. (Montgomery, A.) (Entered: 07/23/2004)

PACER
52 July 28, 2004

MOTION to Dismiss by HHS.Responses due by 8/18/2004 (Bauer, J.) (Entered: 07/28/2004)

PACER
53 July 28, 2004

Memorandum in Opposition re 27 MOTION for Preliminary Injunction filed by HHS.AND, Memorandum in support of 52 Motion to dismiss (Part 1 of 2) (Bauer, J.) (Entered: 07/28/2004)

PACER
54 July 28, 2004

Memorandum in Opposition re 27 MOTION for Preliminary Injunction, AND, Memorandum in Support re 52 MOTION to Dismiss filed by HHS (Part 2 of 2) (Bauer, J.) (Entered: 07/28/2004)

PACER
55 July 28, 2004

Supplemental Response to 27 MOTION for Preliminary Injunction filed by Dept of Social Services. (Bauer, J.) (Entered: 07/28/2004)

PACER
56 Aug. 3, 2004

ENDORSEMENT ORDER granting 51 Motion for Extension of Time . Signed by Judge Christopher F. Droney on 8/3/04. (Basile, F.) (Entered: 08/03/2004)

PACER
57 Aug. 6, 2004

OBJECTION re 52 MOTION to Dismiss, 43 MOTION to Dismiss filed by Michela Leocata. (Basile, F.) (Entered: 08/09/2004)

PACER
58 Nov. 3, 2004

ORDER granting 15 Motion to Dismiss, granting 20 Motion to Dismiss, denying 27 Motion for Preliminary Injunction, granting 43 Motion to Dismiss, granting 52 Motion to Dismiss . Signed by Judge Christopher F. Droney on 11/3/04. (Basile, F.) (Entered: 11/04/2004)

PACER
59 Nov. 3, 2004

JUDGMENT in favor of DEFENDANTS against PLAINTIFFS. Signed by Clerk on 11/3/04. (Basile, F.) (Entered: 11/04/2004)

PACER
60 Nov. 12, 2004

NOTICE OF APPEAL as to 58 Order on Motion to Dismiss,, Order on Motion for Preliminary Injunction,, by Michela Leocata. Filing fee $ 255, receipt number H014189.Certified copy of docket and copy of NOA mailed to USCA. (Bauer, J.) (Entered: 11/15/2004)

PACER
61 Nov. 24, 2004

Acknowledged Receipt of NOA at USCA on 11/18/04 re 60 Notice of Appeal: (Bauer, J.) (Entered: 11/24/2004)

PACER
62 Nov. 24, 2004

Index to Record on Appeal by Michela Leocata re 60 Notice of Appeal (Basile, F.) (Entered: 11/29/2004)

PACER
Dec. 8, 2004

USCA Case Number 04−6068cv for 60 Notice of Appeal filed by Michela Leocata. (Bauer, J.) (Entered: 12/08/2004)

PACER
63 Dec. 16, 2004

USCA Scheduling Order as to 60 Notice of Appeal filed by Michela Leocata. USCA Number: 04−6068−ag (Basile, F.) (Entered: 12/17/2004)

PACER
64 Dec. 22, 2004

USCA Scheduling Order as to 60 Notice of Appeal filed by Michela Leocata. USCA Number: 04−6068−ag (Fazekas, J.) (Entered: 12/30/2004)

PACER
65 Feb. 8, 2005

TRANSCRIPT of Proceedings held on 7/19/04 before Judge Christopher F. Droney. Court Reporter: Martha C. Marshall. (Bauer, J.) (Entered: 02/08/2005)

PACER
66 Dec. 7, 2005

MANDATE of USCA (certified copy) dated 11/22/05 affirming judgment re: 60 Notice of Appeal filed by Michela Leocata, (Bauer, J.) (Entered: 12/08/2005)

PACER

Case Details

State / Territory:

Connecticut

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: June 19, 2002

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Elderly woman with advanced dementia

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Department of Health and Human Services

State

Connecticut Department of Social Services

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

District of Connecticut 3:02-cv-01066

U.S. Court of Appeals for the Second Circuit 04-06068

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

Benefits (Source):

Medicaid

Recommended Citation