Case: Doe v. Sylvester

1:99-cv-00891 | U.S. District Court for the District of Delaware

Filed Date: Dec. 15, 1999

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On December 15, 1999, a woman with borderline personality disorder and profound congenital deafness filed a lawsuit under 42 U.S.C. § 1983 and the Rehabilitation Act against the Secretary of the Delaware Department of Health and Social Services, the Division of Alcoholism, Drug Abuse, and Mental Health in the DHSS, and the Delaware Psychiatric Center, in the United States District Court for the District of Delaware. Plaintiff, represented by Community Legal Aid Society, asked the court for dec…

On December 15, 1999, a woman with borderline personality disorder and profound congenital deafness filed a lawsuit under 42 U.S.C. § 1983 and the Rehabilitation Act against the Secretary of the Delaware Department of Health and Social Services, the Division of Alcoholism, Drug Abuse, and Mental Health in the DHSS, and the Delaware Psychiatric Center, in the United States District Court for the District of Delaware. Plaintiff, represented by Community Legal Aid Society, asked the court for declaratory and injunctive relief, claiming that her rights were violated when an apartment in a community-living facility was not modified to suit her needs. Specifically, the plaintiff claimed that she was confined in an institutional setting longer than necessary because the state did not modify the apartment reserved for her with certain auxiliary aids. Because these modifications were not made, the plaintiff could not live safely in the apartment.

On September 11, 2001, the Court (Judge Roderick R. McKelvie) denied the defendants' motion to dismiss on several grounds. Doe v. Sylvester, 2001 WL 1064810 (D. Del. Sept. 11, 2001).

The complaint was dismissed voluntarily on October 19, 2001. It is unclear whether the plaintiff received relief. The case was closed on October 22, 2001.

Summary Authors

Haley Waller (2/13/2011)

People


Judge(s)

McKelvie, Roderick R. (Delaware)

Documents in the Clearinghouse

Documents in this case

1:99-cv-00891

Docket

July 28, 2003

July 28, 2003

Docket
76

1:99-cv-00891

MEMORANDUM OPINION

Sept. 11, 2001

Sept. 11, 2001

Order/Opinion

2001 WL 1064810

Docket

Last updated March 26, 2025, 8:31 a.m.

ECF Number Date Description Link
2 Dec. 15, 1999

MOTION by Jane Doe with Proposed Order for Ira Burnim, Jennifer Mathis and Mary Giliberti to Appear Pro Hac Vice (dab) (Entered: 12/15/1999)

PACER
Dec. 15, 1999

No summons issued. (dab) (Entered: 12/15/1999)

PACER
3 Dec. 16, 1999

RETURN OF SERVICE executed as to Jane Brady 12/16/99 Answer due on 1/5/00 for Jane Brady (dab) (Entered: 12/16/1999)

PACER
4 Dec. 16, 1999

RETURN OF SERVICE executed as to Gregg Sylvester 12/16/99 Answer due on 1/5/00 for Gregg Sylvester (dab) (Entered: 12/16/1999)

PACER
5 Dec. 16, 1999

RETURN OF SERVICE executed as to Renata Henry 12/16/99 Answer due on 1/5/00 for Renata Henry (dab) (Entered: 12/16/1999)

PACER
6 Dec. 16, 1999

RETURN OF SERVICE executed as to Jiro Shimono 12/16/99 Answer due on 1/5/00 for Jiro Shimono (dab) (Entered: 12/16/1999)

PACER
Dec. 16, 1999

SUMMONS(ES) issued for Gregg Sylvester, Renata Henry, Jiro Shimono (dab) (Entered: 12/16/1999)

PACER
7 Dec. 22, 1999

CASE assigned to Judge Roderick R. McKelvie . Notice to all parties. (ntl) (Entered: 12/22/1999)

PACER
Jan. 4, 2000

So Ordered granting [2−1] motion for Ira Burnim, Jennifer Mathis and Mary Giliberti to Appear Pro Hac Vice ( signed by Judge Roderick R. McKelvie ) Notice to all parties. (ntl) (Entered: 01/04/2000)

PACER
8 Jan. 5, 2000

NOTICE of attorney appearance for Gregg Sylvester, Renata Henry, Jiro Shimono by Marc P. Niedzielski (ntl) (Entered: 01/06/2000)

PACER
9 Jan. 14, 2000

MOTION by Jane Doe for Preliminary Injunction Answer Brief due 1/28/00 re: [9−1] motion (ntl) (Entered: 01/18/2000)

PACER
10 Jan. 14, 2000

Opening Brief Filed by Jane Doe [9−1] motion for Preliminary Injunction (ntl) (Entered: 01/18/2000)

PACER
11 Jan. 14, 2000

Appendix to Brief Filed by Jane Doe Appending [10−1] opening brief (ntl) (Entered: 01/18/2000)

PACER
12 Jan. 21, 2000

Letter from Judge McKelvie to counsel encl. draft proposed scheduling order. (ntl) (Entered: 01/21/2000)

PACER
13 Jan. 26, 2000

MOTION by Gregg Sylvester, Renata Henry, Jiro Shimono with Proposed Order to Dismiss Answer Brief due 2/9/00 re: [13−1] motion (ntl) (Entered: 01/26/2000)

PACER
14 Jan. 26, 2000

STIPULATION with proposed order re briefing schedules on motion to dismiss and motion for preliminary injunction. (ntl) (Entered: 01/27/2000)

PACER
Jan. 28, 2000

So Ordered granting [14−1] stipulation ( signed by Judge Roderick R. McKelvie ) Notice to all parties. (ntl) (Entered: 01/31/2000)

PACER
Jan. 28, 2000

Deadline updated; reset Answer Brief Deadline to 2/11/00 re: [9−1] motion for Preliminary Injunction (ntl) (Entered: 01/31/2000)

PACER
15 Feb. 4, 2000

Opening Brief Filed by Gregg Sylvester, Renata Henry, Jiro Shimono [13−1] motion to Dismiss (ntl) (Entered: 02/07/2000)

PACER
16 Feb. 4, 2000

Appendix to Brief Filed by Gregg Sylvester, Renata Henry, Jiro Shimono Appending [15−1] opening brief {SEALED}. (ntl) (Entered: 02/07/2000)

PACER
17 Feb. 10, 2000

Letter dated 2/7/00 from Daniel Atkins, Esq. to Judge McKelvie re teleconference scheduled for 2/17/00 at 4:00. (ntl) (Entered: 02/10/2000)

PACER
18 Feb. 11, 2000

Answer Brief Filed by Gregg Sylvester, Renata Henry, Jiro Shimono [9−1] motion for Preliminary Injunction − Reply Brief due 2/18/00 (ntl) (Entered: 02/14/2000)

PACER
19 Feb. 14, 2000

MOTION by Gregg Sylvester, Renata Henry, Jiro Shimono with Proposed Order for Leave to File an amended opening brief (ntl) (Entered: 02/14/2000)

PACER
Feb. 16, 2000

So Ordered granting [19−1] motion for Leave to File an amended opening brief ( signed by Judge Roderick R. McKelvie ) Notice to all parties. (ntl) (Entered: 02/17/2000)

PACER
21 Feb. 18, 2000

CERTIFICATE OF SERVICE by Gregg Sylvester, Renata Henry, Jiro Shimono re 1st set of interrogs. and request for production to ptf. (ntl) (Entered: 02/18/2000)

PACER
22 Feb. 24, 2000

ORDER Scheduling Preliminary Injunction Hearing, pre−hearing conference by telephone on 3/22/00 at 4:00, Motion Hearing set for 10:00 3/31/00 for [9−1] motion for Preliminary Injunction ( signed by Judge Roderick R. McKelvie ) copies to: cnsl. (ntl) (Entered: 02/24/2000)

PACER
23 Feb. 24, 2000

TRIAL MANAGEMENT ORDER ( signed by Judge Roderick R. McKelvie ) copies to: cnsl. (ntl) (Entered: 02/24/2000)

PACER
24 Feb. 24, 2000

SCHEDULING ORDER setting Status Report 7/3/00 Status Conference by telephone 4:30 7/10/00 Discovery cutoff 10/13/00 ; Deadline for filing dispositive motions 10/27/00 Pretrial conference for 4:30 1/10/01 ; Trial Date Deadline (5 day jury) 10:00 1/22/01 ; ( signed by Judge Roderick R. McKelvie ) copies to: cnsl. (ntl) (Entered: 02/24/2000)

PACER
Feb. 24, 2000

Tele−conference held; rprtr. V. Gunning (ntl) (Entered: 02/24/2000)

PACER
25 Feb. 25, 2000

Proposed Discovery Plan filed by Jane Doe, Gregg Sylvester, Renata Henry, Jiro Shimono (ntl) (Entered: 02/28/2000)

PACER
26 Feb. 28, 2000

ORDER, set Telephone Conference for 9:30 3/30/00 ( signed by Judge Mary P. Thynge ) copies to: cnsl. (ntl) (Entered: 02/28/2000)

PACER
27 Feb. 28, 2000

CERTIFICATE OF SERVICE by Jane Doe re 1st request for prod. of docs. and things; 1st set of interrogs; and 1st request for admissions. (ntl) (Entered: 02/29/2000)

PACER
28 Feb. 28, 2000

Reply Brief Filed by Jane Doe [9−1] motion for Preliminary Injunction (ntl) (Entered: 02/29/2000)

PACER
29 March 1, 2000

Letter from Daniel Atkins, Esq. to Judge McKelvie re table of contents and authorities to D.I. 28. (ntl) (Entered: 03/02/2000)

PACER
30 March 3, 2000

Letter dated 3/1/00 from Jennifer Mathis and Daniel Atkins to Judge McKelvie re request that the Court certify to the Attorney General of the U.S. that the constitutionality of two federal statutes affecting the public interest has been challenged in this matter. (ntl) (Entered: 03/06/2000)

PACER
31 March 6, 2000

MOTION by Jane Doe with Proposed Order to Amend [11−1] appendix (ntl) (Entered: 03/07/2000)

PACER
March 7, 2000

So Ordered granting [31−1] motion to Amend [11−1] appendix ( signed by Judge Roderick R. McKelvie ) Notice to all parties. (ntl) (Entered: 03/07/2000)

PACER
32 March 8, 2000

Answer Brief Filed by Jane Doe [13−1] motion to Dismiss (ntl) (Entered: 03/09/2000)

PACER
33 March 8, 2000

Letter from Daniel Atkins, Esq. to Judge McKelvie re continuance of the preliminary injunction hearing. (ntl) (Entered: 03/09/2000)

PACER
34 March 14, 2000

ORDER Rescheduling Preliminary Injunction Hearing, pre−hearing conference by telephone scheduled for 4/17/00 at 4:30, Motion Hearing set for 10:00 4/28/00 for [9−1] motion for Preliminary Injunction ( signed by Judge Roderick R. McKelvie ) copies to: cnsl. (ntl) (Entered: 03/15/2000)

PACER
35 March 21, 2000

Reply Brief Filed by Gregg Sylvester, Renata Henry, Jiro Shimono [13−1] motion to Dismiss (ntl) (Entered: 03/22/2000)

PACER
36 March 21, 2000

Letter from Marc Niedzielski, Esq. to Judge McKelvie re briefing is complete on dfts' motion to dismiss. (ntl) (Entered: 03/23/2000)

PACER
38 March 31, 2000

CERTIFICATE OF SERVICE by Gregg Sylvester, Renata Henry, Jiro Shimono re records concerning the ptf in supplementation of initial disclosures and in response to request for production. (ntl) (Entered: 04/03/2000)

PACER
39 April 5, 2000

Subpoena for Kathi Wisniewski (ntl) (Entered: 04/06/2000)

PACER
40 April 5, 2000

NOTICE by Gregg Sylvester, Renata Henry, Jiro Shimono to take depositions of Jane Doe and Brenda Yaeger on 4/10/00 (ntl) (Entered: 04/06/2000)

PACER
41 April 5, 2000

MOTION by Jane Doe with Proposed Order for Leave to File a surreply brief (ntl) (Entered: 04/06/2000)

PACER
42 April 5, 2000

Surreply Brief Filed by Jane Doe [13−1] motion to Dismiss (ntl) (Entered: 04/06/2000)

PACER
43 April 10, 2000

CERTIFICATE OF SERVICE by Jane Doe re response to dfts' 1st request for prod. of docs. and response to dfts' 1st set of interrogs. (ntl) (Entered: 04/11/2000)

PACER
44 April 11, 2000

CERTIFICATE OF SERVICE by Gregg Sylvester, Renata Henry, Jiro Shimono re responses to ptf's 1st set of interrogs., request for production and request for admissions. (ntl) (Entered: 04/11/2000)

PACER
45 April 11, 2000

Letter from Daniel Atkins, Esq. to Judge McKelvie re pretrial teleconference moved to 4/25/00 at 3:00. (ntl) (Entered: 04/11/2000)

PACER
46 April 12, 2000

CERTIFICATE OF SERVICE by Gregg Sylvester, Renata Henry, Jiro Shimono re amended responses to ptf's 1st set of interrogs. (ntl) (Entered: 04/13/2000)

PACER
47 April 17, 2000

CERTIFICATE OF SERVICE by Gregg Sylvester, Renata Henry, Jiro Shimono re production of docs. (ntl) (Entered: 04/18/2000)

PACER
48 April 21, 2000

Proposed pre−hearing order filed by Jane Doe, Gregg Sylvester, Renata Henry, Jiro Shimono (ntl) (Entered: 04/24/2000)

PACER
49 April 25, 2000

Letter from Marc Niedzielski, Esq. to Judge McKelvie re dfts renew their request for dismissal. (ntl) (Entered: 04/25/2000)

PACER
April 25, 2000

Tele−conference held; rprtr. K. Maurer (ntl) (Entered: 04/26/2000)

PACER
50 April 27, 2000

Steno Notes for 4/25/00; rprtr. K. Maurer (ntl) (Entered: 04/27/2000)

PACER
51 April 27, 2000

Letter from Marc Niedzielski, Esq. to Judge McKelvie re dfts' proposed findings of fact and conclusions of law. (ntl) (Entered: 04/27/2000)

PACER
52 April 27, 2000

Proposed findings of fact and conclusions of law by Jane Doe (ntl) (Entered: 04/27/2000)

PACER
53 April 28, 2000

Steno Notes for 4/28/00; rprtr. K. Maurer (ntl) (Entered: 05/01/2000)

PACER
54 April 28, 2000

ORDER granting [41−1] motion for Leave to File a surreply brief ( signed by Judge Roderick R. McKelvie ) copies to: cnsl. (ntl) (Entered: 05/02/2000)

PACER
April 28, 2000

Motion hearing held re: [9−1] motion for Preliminary Injunction; rprtr. K. Maurer (ntl) (Entered: 04/28/2000)

PACER
55 May 4, 2000

TRANSCRIPT filed [0−0] motion hearing for dates of 4/28/00 (ntl) (Entered: 05/04/2000)

PACER
56 May 5, 2000

Supplemental Proposed Findings of Fact and Conclusions of Law by Jane Doe. (ntl) (Entered: 05/08/2000)

PACER
57 May 12, 2000

Proposed Findings of Fact and Law by Gregg Sylvester, Renata Henry, Jiro Shimono (ntl) (Entered: 05/15/2000)

PACER
58 May 12, 2000

MOTION by United States with Proposed Order for leave to participate as amicus curiae (ntl) (Entered: 05/15/2000)

PACER
60 May 16, 2000

Letter from Daniel Atkins, Esq. to Judge McKelvie re status of efforts to place ptf in a Maryland placement for deaf individuals with mental illness. (ntl) (Entered: 05/17/2000)

PACER
61 May 22, 2000

Letter from Marc Niedzielski, Esq. to Judge McKelvie re response to ptf's correspondence dated 5/16/00. (ntl) (Entered: 05/22/2000)

PACER
62 May 24, 2000

Subpoena for PFC Tom Donovan (ntl) (Entered: 05/25/2000)

PACER
63 June 30, 2000

Letter STATUS REPORT by Jane Doe (ntl) (Entered: 06/30/2000)

PACER
July 10, 2000

Tele−conference held; rprtr. B. Gaffigan (ntl) (Entered: 07/11/2000)

PACER
64 July 12, 2000

Steno Notes for 7/10/00; rprtr. B. Gaffigan (ntl) (Entered: 07/13/2000)

PACER
July 31, 2000

Tele−conference held; rprtr. V. Gunning (ntl) (Entered: 08/01/2000)

PACER
65 Aug. 3, 2000

Letter from Daniel Atkins, Esq. to Judge McKelvie re request for status teleconference in September. (ntl) (Entered: 08/04/2000)

PACER
66 Aug. 9, 2000

Letter from Daniel Atkins, Esq. to Judge McKelvie re teleconference scheduled for 9/7/00 at 3:30. (ntl) (Entered: 08/09/2000)

PACER
67 Aug. 16, 2000

Letter from Marc Niedzielski, Esq. to Judge McKelvie re Fifth Circuit decision in Neinast v. Texas. (ntl) (Entered: 08/16/2000)

PACER
68 Aug. 18, 2000

Letter from Daniel Atkins, Esq. to Judge McKelvie re dfts' counsel's letter of 8/16/00. (ntl) (Entered: 08/28/2000)

PACER
Sept. 7, 2000

Tele−conference held; rprtr. V. Gunning (ntl) (Entered: 09/07/2000)

PACER
69 Dec. 5, 2000

Letter from Daniel Atkins, Esq. to Judge McKelvie re status of case. (ntl) (Entered: 12/06/2000)

PACER
70 Dec. 6, 2000

Letter from Marc Niedzielski, Esq. to Judge McKelvie re status of case. (ntl) (Entered: 12/07/2000)

PACER
71 Dec. 15, 2000

Letter from Marc Niedzielski, Esq. to Judge McKelvie re further status of case. (ntl) (Entered: 12/15/2000)

PACER
72 Dec. 22, 2000

Letter dated 12/21/00 from Daniel Atkins, Esq. and Gregg Wilson, Esq. to Judge McKelvie re joint request to continue trial date scheduled for 1/22/01. (ntl) (Entered: 12/29/2000)

PACER
73 Jan. 2, 2001

Letter from Judge McKelvie to counsel re continuance of trial. (ntl) (Entered: 01/02/2001)

PACER
Jan. 29, 2001

Tele−conference held; rprtr. V. Gunning (ntl) (Entered: 01/30/2001)

PACER
74 Feb. 20, 2001

Supplemental MEMORANDUM by Jane Doe in support of [9−1] motion for Preliminary Injunction (ntl) (Entered: 02/21/2001)

PACER
75 March 2, 2001

Letter from Marc Niedzielski, Esq. to Judge McKelvie encl. Superior Court orders. (ntl) (Entered: 03/05/2001)

PACER
76 Sept. 11, 2001

MEMORANDUM OPINION ( signed by Judge Roderick R. McKelvie ) copies to: cnsl. (ntl) (Entered: 09/11/2001)

PACER
77 Sept. 11, 2001

ORDER denying [13−1] motion to Dismiss ( signed by Judge Roderick R. McKelvie ) copies to: cnsl. (ntl) (Entered: 09/11/2001)

PACER
78 Oct. 2, 2001

Letter from Marc Niedzielski, Esq. to Judge McKelvie re status of plaintiff. (ntl) (Entered: 10/03/2001)

PACER
79 Oct. 5, 2001

Letter from Daniel Atkins, Esq. to Judge McKelvie re response to dfts' counsel's letter dated 10/2/01; preliminary injunction motion is moot. (ntl) (Entered: 10/09/2001)

PACER
Oct. 22, 2001

So Ordered granting [80−1] motion to Dismiss complaint voluntarily without prejudice ( signed by Judge Roderick R. McKelvie ) Notice to all parties. (ntl) (Entered: 10/23/2001)

PACER
Oct. 22, 2001

Case closed (ntl) (Entered: 01/30/2002)

PACER
81 May 3, 2002

ORDER DIRECTING RETURN of SEALED DOCUMENTS to the Parties ( signed by Judge Roderick R. McKelvie ) copies to: cnsl. (ntl) (Entered: 05/06/2002)

PACER
82 July 28, 2003

Letter dated 7/28/03 to Marc P. Niedzielski, Esq., Re: Trial Exhibits returned. (rwc) (Entered: 07/28/2003)

PACER

Case Details

State / Territory:

Delaware

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Dec. 15, 1999

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A woman with borderline personality disorder and congenital deafness.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Delaware Psychiatric Center

Division of Alcoholism, Drug Abuse and Mental Health

Secretary, Delaware Department of Health & Social Services

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Other Dockets:

District of Delaware 1:99-cv-00891

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Unknown

Relief Granted:

Unknown

Source of Relief:

Unknown

Recommended Citation