Case: Conn. Traumatic Brain Injury Assoc. v. Hogan

2:90-cv-00097 | U.S. District Court for the District of Connecticut

Filed Date: Feb. 8, 1990

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On February 8, 1990, the Connecticut Traumatic Brain Injury Association filed a class action lawsuit against the Connecticut Departments of Mental Health and Mental Retardation and various state hospitals in the United States District Court for the District of Connecticut. Plaintiffs were a class of persons with intellectual disabilities or traumatic brain injuries and who were or may be placed in Norwich or Fairfield Hills Hospitals. They were represented by Connecticut Legal Services, the Con…

On February 8, 1990, the Connecticut Traumatic Brain Injury Association filed a class action lawsuit against the Connecticut Departments of Mental Health and Mental Retardation and various state hospitals in the United States District Court for the District of Connecticut. Plaintiffs were a class of persons with intellectual disabilities or traumatic brain injuries and who were or may be placed in Norwich or Fairfield Hills Hospitals. They were represented by Connecticut Legal Services, the Connecticut Office of Protection and Advocacy, and private attorneys. The complaint alleged violations of the Equal Protection and Due Process clauses of the Fourteenth Amendment, the Rehabilitation Act of 1973, and the Americans with Disabilities Act. Plaintiffs sought to enjoin the practice of placing non-dangerous brain injured individuals and individuals with intellectual disabilities in state hospitals for the mentally ill, where necessary treatment and training was not available.

The defendants moved to exclude those class members who were voluntarily placed into the hospitals and the District Court (Chief Judge Peter C. Dorsey) denied the motion on April 4, 1995. Conn. Traumatic Brain Injury Assoc. v. Hogan, 161 F.R.D. 8 (D. Conn. 1995).

Thereafter, the parties settled the claims of the class members with intellectual disabilities on the eve of trial. Chief Judge Peter C. Dorsey entered a stipulation and order on August 2, 1995 which approved the settlement terms. The defendants agreed to place half of the class members with intellectual disabilities into community settings by June 30, 1996 and the remaining by June 30, 1997. The defendants also agreed to provide services to the class members in accord with the standards, policies, and procedures developed in the CARC v. Thorne litigation. After those transfers, the Fairfield Hills Hospital and Norwich Hospital were to be closed, and the portion of the case relating to class members with intellectual disabilities was to be dismissed.

The case continued with respect to claims of class members with brain injuries. Note that the PACER docket did not contain hyper-links to case pleadings and orders and we did not have copies of subsequent case documents. Information on the history of this litigation for the period of August 2, 1995 to November 2002 was limited to the PACER docket entries.

According to the PACER docket, following the partial settlement, the case proceeded to trial, beginning on July 25, 1995 and continuing through August 16, 1995. It appears that the trial was then recessed and stayed by the court so that the parties could pursue settlement negotiations. Negotiations continued and the parties participated in numerous court ordered settlement conferences with mediator, Attorney Cousins. The remaining issues in the case did not settle.

Trial as to the claims of brain injured class members reconvened in February, 2001. The docket indicates that following post-trial motions and briefs, the District Court entered judgment for the defendants and closed the case on November 26, 2002.

 

Summary Authors

Angela Heverling (4/1/2007)

Related Cases

Conn. ARC v. Thorne, District of Connecticut (1978)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13998475/parties/connecticut-traumati-v-mental-health/

Judge(s)
Attorney for Plaintiff

Alisberg, Nancy B. (Connecticut)

Bell, Aileen M. (District of Columbia)

Bye, Gareth D. (Connecticut)

Attorney for Defendant

Brown, Allyn L. Jr. (Connecticut)

Expert/Monitor/Master/Other

Appleby, Bethany L. (Connecticut)

Documents in the Clearinghouse

2:90-cv-00097

Docket [PACER]

Feb. 27, 2003

Feb. 27, 2003

Docket
176

2:90-cv-00097

Ruling on Pending Motions

April 4, 1995

April 4, 1995

Order/Opinion

161 F.R.D. 8

268

2:90-cv-00097

Stipulation and Order

July 25, 1995

July 25, 1995

Order/Opinion

Notes

No Court

July 25, 1995

July 25, 1995

Other
266

2:90-cv-00097

Fourth Amended Complaint

July 28, 1995

July 28, 1995

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13998475/connecticut-traumati-v-mental-health/

Last updated March 18, 2026, 5:24 a.m.

ECF Number Date Description Link
Nov. 1, 1991

ENDORSEMENT mot #113, to w/draw appearance GRANTED. ( signed by Judge Peter C. Dorsey ) (Former Employee)

114 Jan. 21, 1992

NOTICE of filing of expert report of Mark Chandler, M.D. by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman (Former Employee) (Entered: 01/23/1992)

RECAP
115 Feb. 20, 1992

STIPULATION by Salafia, Hall re: that the mot dtd 10/24/91 will be compiled w/in three weeks of fil this stip and is subj to prot ord dtd 10/11/91 (Former Employee) (Entered: 02/21/1992)

RECAP
Feb. 25, 1992

ENDORSEMENT granting [115-1] stipulation tihat Motion for discl & prod will be complied w/within tyhree weeks of the fil of this stip and is subj to prot ord dtd 10/11/90 ( signed by Judge Peter C. Dorsey ) (Former Employee)

116 March 23, 1992

NOTICE of filing of the ack of duty not to disclose of pltf's expert by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman (Former Employee) (Entered: 03/23/1992)

RECAP
117 April 21, 1992

NOTICE of filing of the report of Michael Franczak, P{h.D. by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman (Former Employee) (Entered: 04/21/1992)

RECAP
118 July 10, 1992

MOTION by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman to Amend the Class Cert Order (see docket #51 Ruling on hard docket) (Brief Due 7/31/92 ) (Former Employee) (Entered: 07/13/1992)

RECAP
119 July 10, 1992

MEMORANDUM by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman in support of [118-1] motion to Amend the Class Cert Order (see docket #51 Ruling on hard docket) by plaintiff (Former Employee) (Entered: 07/13/1992)

RECAP
120 July 30, 1992

MOTION by Salafia, Mullaney, Mental Retardation, Mental Health, Lippner, Hall, William W. Backus Ho to Extend Time to respond to pltf's motion to amened the Class Cert Order dtd 7/9/92 until 8/13/92 (Former Employee) (Entered: 07/30/1992)

RECAP
Aug. 3, 1992

ENDORSEMENT granting [120-1] motion to Extend Time to respond to pltf's motion to amened the Class Cert Order dtd 7/9/92 until 8/13/92, Brief Deadline set for 8/13/92 [118-1] motion to Amend the Class Cert Order (see docket #51 Ruling on hard docket) ( signed by Judge Peter C. Dorsey ) (Former Employee)

121 Aug. 13, 1992

MEMORANDUM (#121) by Mullaney, Mental Retardation, Mental Health, Angelini in opposition to [118-1] motion to Amend the Class Cert Order (see docket #51 Ruling on hard docket) by plaintiff (Former Employee) (Entered: 08/18/1992)

RECAP
122 Sept. 10, 1992

Plaintiff's rebuttal to defendant's opposition -REPLY by Connecticut Traumati to response to [118-1] motion to Amend the Class Cert Order (see docket #51 Ruling on hard docket) by plaintiff (Former Employee) (Entered: 09/15/1992)

RECAP
123 Oct. 5, 1992

NOTICE of by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman of filing of the expert report of Stephen Sarfaty, Psy. D. (Former Employee) (Entered: 10/05/1992)

RECAP
Oct. 9, 1992

ENDORSEMENT granting [118-1] motion to Amend the Class Cert Order -- The class is expanded to include the approximately 24 individuals at CVH who have TBI. Plaintiff shall provide notice to the new class members on/before 10/26/92. The prior protective order re discovery shall apply to additional discovery required as a result of this order. (see docket #51 Ruling on hard docket) ( signed by Judge Peter C. Dorsey ) (Former Employee)

124 Oct. 23, 1992

MOTION by Smith, Scully, Rotman, Mullaney, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman to Extend Time until/including November 18, 1992 to provide the notice ordered by the court dated 10/6/92 (Former Employee) (Entered: 10/27/1992)

RECAP
Nov. 5, 1992

ENDORSEMENT granting [124-1] motion to Extend Time until/including November 18, 1992 to provide the notice ordered by the court dated 10/6/92 ( signed by Judge Peter C. Dorsey ) (Moore, P.)

125 Nov. 13, 1992

MOTION by Connecticut Assoc. F, Chapman, Medina, Hawley, Green, Connecticut Traumati, Smith, Scully, Rotman to Amend Complaint (Brief Due 12/4/92 ) (Graham, T.) (Entered: 11/13/1992)

RECAP
126 Nov. 13, 1992

MEMORANDUM by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman in support of [125-1] motion to Amend Complaint by plaintiff (Graham, T.) (Entered: 11/13/1992)

RECAP
127 Nov. 13, 1992

NOTICE of Filing Motion for Disclosure and Production by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman (Graham, T.) (Entered: 11/13/1992)

RECAP
128 Nov. 13, 1992

MOTION by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman disclosure, and Production (Brief Due 12/4/92 ) (Graham, T.) (Entered: 11/13/1992)

RECAP
129 Nov. 23, 1992

NOTICE of COMPLIANCE with Court's order by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman (Former Employee) (Entered: 12/01/1992)

RECAP
130 Dec. 15, 1992

THIRD AMENDED COMPLAINT by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman amending second amended complaint (Smith, S.) (Entered: 12/17/1992)

RECAP
Dec. 15, 1992

ENDORSEMENT granting [125-1] motion to Amend Complaint, abs obj ( signed by Judge Peter C. Dorsey ) (Smith, S.)

Dec. 15, 1992

ENDORSEMENT denying [128-1] motion disclosure, denying [128-2] motion Production (signed by Judge Peter C. Dorsey ) (Smith, S.)

131 Feb. 5, 1993

MOTION by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman to Join Judith Normandin as a pty dft (Brief Due 2/26/93 ) (Former Employee) (Entered: 02/06/1993)

RECAP
132 Feb. 5, 1993

MEMORANDUM by pltfs in support of [131-1] motion to Join Judith Normandin as a pty dft by plaintiff (Former Employee) (Entered: 02/06/1993)

RECAP
April 28, 1993

ENDORSEMENT granting [131-1] motion to Join Judith Normandin as pty dft, abs obj ( signed by Judge Peter C. Dorsey ) (Smith, S.)

May 11, 1993

SUMMONS issued for Judith Normandin for amended complaint (Smith, S.)

133 May 21, 1993

SUMMONS Returned Executed as to Judith Normandin 5/11/93--for third amended complaint. Answer due on 5/31/93 for Judith Normandin. (Smith, S.) (Entered: 05/21/1993)

RECAP
134 June 9, 1993

TRIAL Preparation Order. Section A due 7/6/93; Section B due 7/20/93; Section C due 8/3/93 ( Signed by Judge Peter C. Dorsey ) (Smith, S.) (Entered: 06/10/1993)

RECAP
135 June 18, 1993

ANSWER by Albert Solnit, Lewis Lippner, Garrell Mullaney, Judith Normandin to third amended complaint (Smith, S.) (Entered: 06/21/1993)

RECAP
136 June 23, 1993

MOTION by Connecticut Traumati to Extend Time to comply with TPO to Sept. 7, 1993. (Former Employee) (Entered: 06/23/1993)

RECAP
June 29, 1993

ENDORSEMENT granting in part, [136-1] motion to Extend Time to comply with TPO, to 9/7/93; Part A due 8/16/93; Part B due 8/30/93; Section C due by 9/13/93 ( signed by Judge Peter C. Dorsey ) (Smith, S.)

137 Aug. 16, 1993

NOTICE of Compliance with Section A of Trial Preparation Order by Connecticut Traumati (Former Employee) (Entered: 08/17/1993)

RECAP
138 Aug. 19, 1993

NOTICE of Filing Acknowledgements of Duty Not to Disclose for Robert Board, Rick McLaughlin, and Amelia Eaton by Connecticut Traumati (Former Employee) (Entered: 08/19/1993)

RECAP
139 Aug. 25, 1993

MOTION by Mullaney to Extend Time to file Section C of TPO to 10/27/93. (Former Employee) (Entered: 08/25/1993)

RECAP
140 Aug. 30, 1993

MOTION by Mullaney, Angelini to Extend Time to 9/7/93 to file Section B of TPO. (Former Employee) (Entered: 08/31/1993)

RECAP
Sept. 2, 1993

ENDORSEMENT granting [140-1] motion to Extend Time to 9/7/93 to file Section B of TPO. ( signed by Clerk ) (Former Employee)

141 Sept. 3, 1993

NOTICE of filing Acknowledgements of Duty not to Disclose for Edward Mattison, William B. Wynne, Joanne Bilger, Chrysler Szarlan, Frank Barrepski, and Pamela Gibbs by Connecticut Traumati (Former Employee) (Entered: 09/03/1993)

RECAP
142 Sept. 8, 1993

NOTICE of Compliance with Section B of Trial Preparation Order by Mullaney, et al. (Former Employee) (Entered: 09/09/1993)

RECAP
Sept. 8, 1993

ENDORSEMENT granting [139-1] motion to Extend Time to file Section C of TPO, to 10/27/93, reset Section C due by 10/27/93 ( signed by Judge Peter C. Dorsey ) (Smith, S.)

143 Sept. 9, 1993

NOTICE of filing acknowledgement of duty not to disclose of Kathleen Ryan. by Connecticut Traumati (Former Employee) (Entered: 09/10/1993)

RECAP
144 Oct. 19, 1993

MOTION by Mullaney, Mental Health to Extend Time to file section C of TPO to 11/19/93. (Former Employee) (Entered: 10/19/1993)

RECAP
Oct. 22, 1993

ENDORSEMENT granting [144-1] motion to Extend Time to file section C of TPO to 11/19/93 reset Section C due by 11/19/93 THIS IS A FINAL EXTENSION ( signed by Judge Peter C. Dorsey ) (Former Employee)

145 Nov. 16, 1993

MOTION by Connecticut Traumati in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 (Brief Due 12/7/93 ) (Former Employee) (Entered: 11/17/1993)

RECAP
146 Nov. 16, 1993

MEMORANDUM by Connecticut Traumati in support of [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati (Former Employee) (Entered: 11/17/1993)

RECAP
149 Nov. 19, 1993

COMPLIANCE with Section C of Trial Preparation Order by Connecticut Traumatic Brain Injury Assoc., et al. (Former Employee) (Entered: 11/23/1993)

RECAP
147 Nov. 22, 1993

MOTION by Mental Retardation, Mental Health to Extend Time to submit TPO to 11/22/93 (Former Employee) (Entered: 11/22/1993)

RECAP
148 Nov. 22, 1993

COMPLIANCE with Section C of Trial Preparation Order by Salafia, Mullaney, Mental Retardation, Mental Health, Lippner, Hall, Angelini, William W. Backus Ho, Judith Normandin, Albert J. Solnit (Former Employee) (Entered: 11/23/1993)

RECAP
Nov. 22, 1993

ENDORSEMENT granting [147-1] motion to Extend Time to submit TPO to 11/22/93, reset Section C due by 11/22/93 ( signed by Judge Peter C. Dorsey ) (Former Employee)

150 Dec. 3, 1993

APPEARANCE of Attorney for Garrell Mullaney, Louis Lippner, Judith Normandin, Albert Solnit -- Jennifer C. Jaff (Smith, S.) (Entered: 12/07/1993)

RECAP
151 Dec. 3, 1993

MOTION by Garrell Mullaney, Louis Lippner, Judith Normandin, Albert Solnit to Amend [0-0] order granting [#118] motion for class certification (Brief Due 12/24/93) (Smith, S.) (Entered: 12/07/1993)

RECAP
152 Dec. 3, 1993

MEMORANDUM in support of [151-1] motion to Amend class certification by Albert Solnit, Judith Normandin, Louis Lippner, Garrell Mullaney (Smith, S.) (Entered: 12/07/1993)

RECAP
153 Dec. 15, 1993

MOTION by Mullaney to Extend Time to respond to motion in Limine to 12/23/93 (Former Employee) (Entered: 12/15/1993)

RECAP
Dec. 16, 1993

ENDORSEMENT granting [153-1] motion to Extend Time to respond to motion in Limine to 12/23/93, Brief Deadline set for 12/23/93 [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 ( signed by Judge Peter C. Dorsey ) (Former Employee)

154 Dec. 23, 1993

MOTION by Salafia, Mullaney, Lippner, Hall, Fisk, Angelini, William W. Backus Ho, Judith Normandin, Albert J. Solnit to Extend Time to 12/30/93 to respomd to Mot. In Limine (Former Employee) (Entered: 12/27/1993)

RECAP
155 Dec. 27, 1993

MEMORANDUM by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman in opposition to [151-1] motion to Amend [0-0] order granting [#118] motion for class certification by Albert J. Solnit, Judith Normandin, Lippner, Mullaney (Former Employee) (Entered: 12/30/1993)

RECAP
Dec. 29, 1993

ENDORSEMENT granting [154-1] motion to Extend Time to 12/30/93 to respomd to Mot. In Limine, Brief Deadline set for 12/30/93 [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 ( signed by Judge Peter C. Dorsey ) (Graham, T.)

156 Dec. 30, 1993

MEMORANDUM by Mullaney, Mental Health in opposition to [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati (Former Employee) (Entered: 01/03/1994)

RECAP
158 Jan. 14, 1994

RULING granting [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 ( signed by Judge Peter C. Dorsey ) (Smith, S.) (Entered: 01/20/1994)

RECAP
157 Jan. 18, 1994

REPLY by Mental Health to response to [151-1] motion to Amend [0-0] order granting [#118] motion for class certification by Albert J. Solnit, Judith Normandin, Lippner, Mullaney (Former Employee) (Entered: 01/19/1994)

RECAP
159 Jan. 27, 1994

MOTION by Mental Health to Extend Time to 1/31/94 to file motion to reconsider ruling on plaintiff's motion in limine of 1/14/94 (Former Employee) (Entered: 01/28/1994)

RECAP
160 Jan. 31, 1994

MOTION by Mental Health in Limine (Brief Due 2/21/94 ) (Former Employee) (Entered: 02/01/1994)

RECAP
161 Jan. 31, 1994

MEMORANDUM by Mental Health in support of [160-1] motion in Limine by Mental Health (Former Employee) (Entered: 02/01/1994)

RECAP
162 Jan. 31, 1994

MOTION by Mental Health for Reconsideration of [158-1] order, granting [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati (Brief Due 2/21/94 ) (Former Employee) (Entered: 02/01/1994)

RECAP
163 Jan. 31, 1994

MEMORANDUM by Mental Health in support of [162-1] motion for Reconsideration of [158-1] order, granting [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati by Mental Health (Former Employee) (Entered: 02/01/1994)

RECAP
Jan. 31, 1994

ENDORSEMENT granting [159-1] motion to Extend Time to 1/31/94 to file motion to reconsider ruling on plaintiff's motion in limine of 1/14/94 ( signed by Judge Peter C. Dorsey ) (Former Employee)

164 Feb. 22, 1994

MOTION by Connecticut Traumatic Brain Injury Assoc., et al. to Extend Time to respond to motion for reconsideration to 3/4/94 (Former Employee) (Entered: 02/23/1994)

RECAP
165 Feb. 22, 1994

MOTION by Connecticut Traumati to Extend Time to respond to Motion in Limine to 2/23/94 (Former Employee) (Entered: 02/23/1994)

RECAP
166 Feb. 24, 1994

MEMORANDUM by Connecticut Traumati in opposition to [160-1] motion in Limine by Mental Health (Former Employee) (Entered: 02/25/1994)

RECAP
Feb. 24, 1994

ENDORSEMENT granting [164-1] motion to Extend Time to respond to motion for reconsideration to 3/4/94, Brief Deadline set for 3/4/94 [162-1] motion for Reconsideration of [158-1] order, granting [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati ( signed by Judge Peter C. Dorsey ) (Former Employee)

Feb. 24, 1994

ENDORSEMENT granting [165-1] motion to Extend Time to respond to Motion in Limine to 2/23/94 ( signed by Judge Peter C. Dorsey ) (Former Employee)

167 March 3, 1994

REPLY by Mental Health to response to [160-1] motion in Limine by Mental Health (Former Employee) (Entered: 03/03/1994)

RECAP
168 March 4, 1994

MEMORANDUM by Connecticut Traumati in opposition to [162-1] motion for Reconsideration of [158-1] order, granting [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati by Mental Health (Former Employee) (Entered: 03/07/1994)

RECAP
169 March 11, 1994

REPLY by Mental Retardation, Mental Health to response to [162-1] motion for Reconsideration of [158-1] order, granting [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati by Mental Health (Former Employee) (Entered: 03/11/1994)

RECAP
171 July 12, 1994

ORDER referring case to Mag. Judge Thomas P. Smith for Settlement Conference (signed by Judge Peter C. Dorsey ) (Former Employee) (Entered: 07/12/1994)

RECAP
172 July 22, 1994

Letter MOTION by Salafia to excuse atty Cohn from attending settlement conf. (Johnson, D.) (Entered: 07/25/1994)

RECAP
July 22, 1994

ENDORSEMENT granting [172-1] motion to excuse atty Cohn from attending settlement conf. ( signed by Mag. Judge Thomas P. Smith ) (Johnson, D.)

174 Sept. 13, 1994

APPEARANCE of Attorney for all defendants -- Henry A. Salton (Former Employee) (Entered: 09/15/1994)

RECAP
173 Sept. 14, 1994

MEMORANDUM of Settlement Conference held on 9/14/94; plaintiff's counsel ordered to prepare a draft proposed consent decree. Another session before the magistrate judge is scheduled for October 12, 1994, at 2:00pm ( signed by Mag. Judge Thomas P. Smith ) (Former Employee) (Entered: 09/15/1994)

RECAP
Sept. 14, 1994

Settlement Conference held ( TPS) 9/14/94 (Gothers, M.)

Oct. 7, 1994

Settlement Conference held ( TPS) 10/12/94 (Gothers, M.)

175 April 3, 1995

Response to [157-1] reply memorandum related to defendants' motion to alter or amend class certification by Mental Health by Connecticut Traumati (Former Employee) (Entered: 04/03/1995)

RECAP
176 April 4, 1995

RULING granting in part, denying in part [162-1] motion for Reconsideration of [158-1] order, granting [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati, denying [160-1] motion in Limine, denying [151-1] motion to Amend [0-0] order granting [#118] motion for class certification ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 04/04/1995)

Clearinghouse
177 April 25, 1995

Letter MOTION by all defendants for Reconsideration of [176-1] order, [151-1] motion to Amend [0-0] order granting [#118] motion for class certification by Albert J. Solnit, Judith Normandin, Lippner, Mullaney, [160-1] motion in Limine by Mental Health, [118-1] motion to Amend the Class Cert Order (see docket #51 Ruling on hard docket) by plaintiffs, [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati (Former Employee) (Entered: 04/25/1995)

RECAP
April 25, 1995

ENDORSEMENT denying [177-1] motion for Reconsideration of [176-1] order, [151-1] motion to Amend [0-0] order granting [#118] motion for class certification by Albert J. Solnit, Judith Normandin, Lippner, Mullaney, [160-1] motion in Limine by Mental Health, [118-1] motion to Amend the Class Cert Order (see docket #51 Ruling on hard docket) by plaintiffs, [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumatic Brain Injury Assoc.: letter shall be treated as a motion to reconsider the ruling on pending motions. The motion is denied. It is noted that defendants' counsel has pre-paid vacation plans for the first two weeks in July; this will be taken into consideration in the scheduling of the trial ( signed by Chief Judge Peter C. Dorsey ) (Former Employee)

178 May 9, 1995

Settlement Conference held ( TPS) (D'Onofrio, B.) (Entered: 05/15/1995)

RECAP
179 May 9, 1995

MEMORANDUM of settlement Conference held on May 9, 1995 ...another session has been set tof 9:00 5/26/95... ( signed by Mag. Judge Thomas P. Smith ) (Kunofsky, L.) (Entered: 05/15/1995)

RECAP
180 May 15, 1995

APPEARANCE of Attorney for Mullaney, Lippner, Judith Normandin, Albert J. Solnit -- Marianne Horn (Former Employee) (Entered: 05/16/1995)

RECAP
181 May 16, 1995

MOTION by Connecticut Traumati to Substitute expert witness (Brief Due 6/6/95 ) (Former Employee) (Entered: 05/17/1995)

RECAP
182 May 16, 1995

MEMORANDUM by Connecticut Traumati in support of [181-1] motion to Substitute expert witness by Connecticut Traumati (Former Employee) (Entered: 05/17/1995)

RECAP
183 May 24, 1995

MOTION by all defendants for status Conference (Former Employee) (Entered: 05/25/1995)

RECAP
184 May 24, 1995

MEMORANDUM by all defendants in support of [183-1] motion for status Conference by all defendants (Former Employee) (Entered: 05/25/1995)

RECAP
185 May 24, 1995

AFFIDAVIT of Albert J. Solnit by all defendants Re [183-1] motion for status Conference by all defendants (Former Employee) (Entered: 05/25/1995)

RECAP
May 31, 1995

ENDORSEMENT denying [183-1] motion for status Conference. The case shall be considered ready for trial as of July 1, 1995. ( signed by Chief Judge Peter C. Dorsey ) (Former Employee)

186 June 2, 1995

MOTION by Connecticut Traumati to Strike [185-1]portions of affidavit of Albert Solnit by all defendants (Former Employee) (Entered: 06/05/1995)

RECAP
187 June 2, 1995

MEMORANDUM by Connecticut Traumati in support of [186-1] motion to Strike [185-1]portions of affidavit of Albert Solnit by all defendants by Connecticut Traumati (Former Employee) (Entered: 06/05/1995)

RECAP
188 June 2, 1995

MOTION by Connecticut Traumati to conduct deposition of expert witness Gregory O'Shanick, M.D. after the Discovery deadline of 7/1/95 (Brief Due 6/23/95 ) (Former Employee) (Entered: 06/05/1995)

RECAP
189 June 6, 1995

MOTION by all defendants in Limine to preclude evidence under FRE 401 (Brief Due 6/27/95 ) (Former Employee) (Entered: 06/07/1995)

RECAP
190 June 6, 1995

RESPONSE by all defendants to [188-1] motion to conduct deposition of expert witness Gregory O'Shanick, M.D. after the Discovery deadline of 7/1/95 by Connecticut Traumati (Former Employee) (Entered: 06/07/1995)

RECAP

Case Details

State / Territory:

Connecticut

Case Type(s):

Intellectual Disability (Facility)

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 8, 1990

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Mentally retarded and brain injured patients of state hospitals for the mentally ill.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Norwich & Fairfield Hills Hospitals

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

District of Connecticut 2:90-cv-00097

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1995 - 2002

Issues

General/Misc.:

Classification / placement

Disability and Disability Rights:

Brain injury

Intellectual/developmental disability, unspecified

Least restrictive environment

Recommended Citation