SELECTED LITIGATION

Disability Law Center v. Dennehy (D. Mass. 2007) - Challenging the misuse of segregation in Massachusetts prisons on preioners with mental illness. Click here for the complaint.

Emily J. v. Rell, (D.Conn) - Settlement Agreement establishes a plan for the development of community-based services as alternatives to residential treatment for youth in juvenile detention. Home based services are intended to divert youth from the long term care. The federal court approved the agreement in 2004.

MPAS v. Caruso, (WD Mich 2006) - Challenging the lack of mental health and special education services for young prisoners in adult jails in Michigan. The case also challanges the misuse of segregation with young prisoners with mental illness. Click here to see an amended complaint.

Sampson v. Beth Isreal Deaconness Medical Center (D.Mass 2006) -- Seeking relief for forced disrobing of a person with mental illness in hospital emergency room. Click here for the complaint.

Rosie D. v. Swift, (D.Mass. 2001) - Class action case on behalf of 3000 children with serious emotional disturbance seeking intensive home-based services. The court order, remedial plan and other materials are available by clicking here. 

Brown v. Bush (S.D. Florida 2004). -- Successful settlement of a case seeking community placements for residents of Florida's four institutions for people with developmental disabilities. The settlement agreement was successfully implemented and the case was dismissed by agreement of parties in June 2007. The Eleventh Circuit affirmed the trial court's denial of a motion to intervene by a group of parents opposed to community services for their family members.  Click here and scroll down the page to see pleadings in this case.

Rolland v. Cellucci (D.Mass. 1998) - Class action case on behalf of 1500 persons with mental retardation or developmental disabilities in nursing facilities; Settlement Agreement requires state to provide community placement to 1100 persons and specialized retardation services and active treatment to all persons while they remain in a nursing facility. Click here for the opinion on active treatment. Reported decisions include:

• 52 F.Supp.2d 231 (D.Mass. 1999) - motion to dismiss denied
• 191 F.R.D. 3 (D.Mass. 2000) - settlement approved
• 106 F.Supp.2d 128 (D.Mass. 2000) - fee award
• 138 F.Supp.2d 110 (D.Mass. 2000) - enforcement proceeding results in finding of noncompliance
• 151 F.Supp.2d 145 (D.Mass. 2001) - second fee award
• 164 F.Supp. 182 (D.Mass. 2001) - supplementary fee decision

Taunton State Hospital v. Carrara, 2000 Mass. App. Div. 274 - Reversing civil commitment judge's order restricting patient to his ward as beyond the authority of the court. The Massachusetts Appeals Court affirmed the Appellate Division. A copy of the Appeals Court opinion is available by clicking here and scrolling down the page.  

Alliance for the Mentally and Barry K. v. Michigan, 588 N.W.2d 133 (1998) - successful representation of intervenor hospital residents in case seeking to enjoin closing of state hospital to ensure that residents are not needlessly held in facility or transferred to another hospital instead of being discharged

Johnson v. Bradley, (M.D.Fla. 1989) - Implementation of consent decree to remedy unconstitutional conditions at G.P.Wood State Hospital, to phase down the facility, and to create appropriate community supports for all classmembers; co-counseled month long trial in August 2000 in conjunction with the Department of Justice which sought to remedy constitutional and statutory violations through complaint in intervention; as a result of consent decree and trial, hospital closed in 2002 and all residents placed in community living arrangements

Olmstead v. L.C., 119 S.Ct. 2176 (2000) - Coordinated seven amici briefs in support of respondents arguing that the ADA's integration provision precludes segregation and requires community placement of persons with disabilities

Department of Corrections v. Yetsky, 108 S.Ct. (1998) - Filed two amici briefs in support of the respondent arguing that the ADA applies to state prisons and that Congress has the authority, under the Section 5 of 14th Amendment, to prevent discrimination in the operation of state facilities and programs

Jackson v. Fort Stanton State Hospital and Training School,

• 757 F. Supp. 1231 (D. N.M. 1990) - Court orders institutional improvements and development of community service system for persons with retardation in two state schools; ongoing oversight in implementation of court order
• 964 F.2d 980 (10th Cir. 1992) - Court of Appeals upholds district court's order to develop plan for remedying constitutional violations in institutions and with respect to the failure to implement treatment teams' recommendations for community placement; reverses portion of injunction requiring team to plan without regard to resources
• Settlement agreement results in closure of all state institutions and placement of all classmembers in appropriate community living arrangements with habilitation and specialized supports

Alabama Disability Law Center v. J.S. Tarwater Developmental Center, 97 F.3d 492 (11th Cir. 1996) - Amici brief supporting right of Alabama protection and advocacy program to records of individuals who may have been subjected to abuse or neglect.

Maryland Disability Law Center v. Mt. Washington Pediatric Hospital, 664 A. 2d 16 (1995) - Amicus brief in case establishing right of protection and advocacy agency to determine probable cause of abuse or neglect.

Washington v. Harper, 494 U.S. 210, 110 S.Ct 1028 (1990) - amicus brief in right to refuse treatment case.

Arnold v. Department of Health Services, 775 P.2d 593 (Ariz. 1989) - State statute requires state agency to provide appropriate mental health services to all residents of Maricopa County with serious mental illness; implementation of complex remedial plan to establish comprehensive community mental health system; Governor joined as defendant to facilitate relief (2000)

Shine v. Vega, 429 Mass.456 (1999) - Damage action on behalf of woman with acute asthma who was restrained and forcibly treated in emergency room of large teaching hospital; jury verdict and instructions reversed by the Supreme Judicial Court, which held that emergency room patient has a right to refuse even life saving treatment

Acting Superintendent of Bournewood Hospital v. Baker, 702 Mass.101 (2000) - Supreme Judicial Court prohibits private hospital's practice of seeking expedited court order for the involuntary medication of a voluntary patient

Gannon v. Correctional Medical Services (Mass. Super. Ct.) - Civil rights damage action on behalf of a man with chronic diabetes who died from inadequate medical care in a state forensic hospital.

People First v. Rainier, (D. Wash. 1997) - Class action case on behalf of residents of the Rainer Developmental Center challenging illegal conditions of confinement and unnecessary segregation, in violation of the Americans with Disabilities Act and other federal laws

Hashimi v. Kalil, 388 Mass. 607, 446 N.E.2d 1387 (1983) - Establishing right of persons subject to petitions for civil commitment to have the petition dismissed if their hearings do not commence within statutory time frames

JA v. Forman, (Mass. Super. Ct.) - Class action on behalf of inmates of county jail who have been denied minimally adequate mental health treatment; systemic improvements negotiated

Judge Rotenberg Educational Center v. Commissioner of Dept. Of mental Retardation, 422 Mass.430, 677 N.E.2d 127 (Supreme Judicial Court 1997) - Department of Mental Retardation held in contempt of earlier settlement agreement which allows private provider that employs painful aversive punishment techniques to continue to operate

McCarthy v. Mana Kana Maui Resorts, (D.Hawaii) - Damage action on behalf of man with profound physical disabilities who was injured as a result of lack of adequate access to restaurant; settled for $850,000

Kadlick v. Department of Mental Health, 431 Mass. 850, 731 N.E.2d 495 (2000) (awarding fees, describing case)- Challenge to practice of applying SSI funds of state hospital residents to pay charges for care; DMH agrees to terminate practice and revises regulations to prohibit use of federal SSI benefits for state hospital bills

Lambourne v. Bank of Boston, (D.Mass. 1996) - Challenge to discriminatory long term disability policy which limits benefits for persons with mental disabilities but not physical disabilities; case settled for all retroactive long term disability benefits

Mahoney v. Weld, (Mass. Super. Ct. 1995) - State statutue which prohibits discharges of persons with disabilities from certain state institutions that were targeted for closure is unconstitutional

Rockwell v. Cape Cod Hospital, 26 F.3d 254 (1st Cir. 1994) - Civil commitment by private hospital and private psychiatrists as state action

New England Adolescent Research Institute v. Massachusetts Housing Finance Authority, 910 F.Supp 21 (D.Mass. 1996) (denying defendant's motion for summary judgement), 162 F.R.D. 410 (D.Mass. 1995) (resolving discovery disputes) - Housing discrimination case under the federal Fair Housing Act Amendments of 1988 contesting decision of housing financing agency to withdraw support for bond financing to school for adolescents with serious emotional disturbance because of opposition of local town officials to siting of new school. Case favorably settled.

Dottin v. Dukakis, (Mass. Superior Ct. 1992) - Class action seeking the discharge and appropriate placement of all residents of the Metropolitan State Hospital who no longer need to be institutionalized; case settled and hospital closed, with most residents placed in appropriate community settings

Brewster v. Dukakis, C.A. 76-0423-F (D. Mass, Consent Decree December 7, 1978) - Consent decree entered which mandated creation of comprehensive system of less restrictive alternatives for all residents of the Northampton State Hospital resulting in the closing of the institution. Litigation concluded January 4, 1992

• Further Decisions:
• 3 F.3d 488 (1st Cir. 1993) (upholds permanent injunction requiring community service system to be maintained and orders clarification of termination order; reverses decision not to award fees after active supervision is terminated
• 786 F.2d 16 (1st Cir. l986) (standard for awarding attorneys' fees in implementing consent decree)
• 675 F.2d 1 (1st Cir. 1982) (authority of federal court to enforce decree against state legislature)
• 520 F.Supp. 822 (D.Mass. 1981) (appropriateness of advocacy system for plaintiff -classmembers, rev'd. and remanded 687 F.2d 495 (1st Cir. 1982);
• 544 F.Supp. 1069 (D.Mass. 1982) (award of $385,000 in interim attorneys fees)

T.P. v. Dubois, 843 F.Supp. 775 (D. Mass. 1993) - Court enjoins statute which requires persons with disabilities confined in public institutions to pay portion of cost of public defender in civil commitment proceedings as violation of due process and equal protection

Lipson v. Commonwealth, (Suffolk Super. Ct. 1992) - Civil rights action on behalf of woman with severe eating disorder who is injured during repeated escapes from state hospital; Commonwealth settles damage claims for amount in excess of $300,000 and agrees to develop new programs in the community for similarly situated persons

McNamara v. Dukakis, 1990 WL 235439 (D. Mass. 12/29/90) - Court enjoins program reductions to persons with serious mental illness due to budget cuts. Holds that voluntary residents of community mental health programs have constitutional rights to safety, freedom from restraint, and adequate treatment

J.D. v. Boyle, (D. Mass. 1991)- Massachusetts Department of Correction enters settlement agreement granting broad access to all portions of forensic facility for protection and advocacy attorneys

Galenski v. Noonan, (Hampshire Superior Court 1988) - Civil rights action for the excessive restraint, inappropriate medication, lack of treatment, and wrongful death at the Bridgewater State Hospital of a man institutionalized for forty-two years. Settled for undisclosed amount in excess of $275,000

Hinkley v. Fair, (Hampshire Superior Court 1988)(Settlement Agreement 1990) - Civil rights damage action challenging commitment and confinement of woman with alcohol disability to state prison settled for $120,000 including attorneys fees. Injunctive relief entered for class mandating creation of a range of community treatment programs

Dottin v. Dukakis, (Middlesex Superior Court, filed 9/14/90) - Case seeking to establish right to community services for eight residents of Metropolitan State Hospital in Massachusetts

Little v. Commonwealth, (Middlesex Superior Court, filed 4/90) - Civil rights damage action for resident of Metropolitan State Hospital who was abused and illegally restrained settled for $50,000

In Matter of Sturtz, 410 Mass. 58 (Supreme Judicial Court 1991) - Filed amici brief in case challenging decision to manacle disabled student at the Behavior Research Institute, without resort to civil commitment procedures

Bolivar v. Riquier, (Suffolk Superior Court 1989) - Civil rights damage action for the illegal confinement, inadequate habilitation, and wrongful death of a person with retardation in a state hospital. Case settled for substantial sum in excess of $300,000

Incropera v. Riquier, (Middlesex Superior Court 1989) - Civil rights damage action for the illegal confinement, inadequate habilitation, and wrongful death at a state hospital of an elderly person who had no mental illness. Case settled for substantial sum in excess of $100,000

United States v. Commonwealth, 890 F.2d 507 (1st Cir. 1989) - Represented residents of the Worcester State Hospital in the first suit brought by the United States Justice Department under the Civil Rights for Institutionalized Persons Act, seeking to remedy unconstitutional conditions in the state hospital. Settled by consent decree, August 3, l987

S.H. v. Edwards, 886 F.2d 292 (11th Cir. 1989) - Filed amici brief in case challenging lack of community services for residents of the Georgia Developmental Center

McKnight v. McCarthy, 406 Mass. 787 (1989) - Filed amici brief in case seeking to establish a right to safety and services under the Massachusetts Constitution for a severely handicapped person living in the community

Zinermon v. Burch, 494 U.S. 113 (1990) - Assisted on amici brief for resident of a Florida state hospital seeking damages for his wrongful confinement

Philadelphia Police and Firefighters Association v. City of Philadelphia, 874 F.2d 156 (3rd Cir. 1989) - Filed amici brief in case seeking to challenge the termination of habilitative services for persons living with their families in the community

Cockerham v. Hughes, (E.D. Texas 1987) - Civil rights damage action for young man with retardation who was abused by staff at the Fort Worth State School. Settled for $85,000 plus attorneys fees

Kelley v. Maher, (Middlesex Superior Court 1987) - Civil rights damage action on behalf of multiply handicapped special education student who was sexually abused by her teacher. Settled for undisclosed award in excess of $80,000

Whiston v. Commonwealth, (Suffolk Superior Court 1987) - Malpractice action on behalf of woman who suffered burns while at Northampton State Hospital. Settled for $35,000

Deniz v. Behavior Research Institute, (Bristol Co. Probate Court 1987) - Suit to secure the release of severely handicapped young man from the Behavior Research Institute and his placement in a nonviolent community program in Vermont. Transfer approved by court.

Behavior Research Institute v. Office for Children, C.A. 86E-0018-G1 (Bristol County Probate Court l986) - Represented several parents and students in litigation challenging the use of physical aversives to modify behavior of severely disabled children

Heck v. Commonwealth, 397 Mass. 336, (Supreme Judicial Court 1986) - Application of statute of limitations to handicapped persons suing state employees for damage under the Massachusetts Tort Claims Act. Settled for $52,000

City of Cleburne v. Cleburne Living Center, 473 U.S. 432 (1985) - Filed amici brief in behalf of professional organizations and ten plaintiff classes in related cases arguing for the right to live in community settings

Temple v. Garbose, 395 Mass. 117 (1985) - Filed amici brief in case challenging illegal confinement of handicapped person

McBride v. Okin, (C.A. 81-0268-MA)(D. Mass., Settlement, Feb. 4, l985) - Suit requesting enforcement, on constitutional grounds, of state agency's grievance procedure for consumers of mental health services. Suit settled by Department of Health promulgating new regulations governing client complaint procedure (104 CMR 24.00)

KARC v. Conn, 674 F.2d 582 (6th Cir. 1982) - Filed amici brief in appeal of federal class action suit challenging Kentucky's failure to create less restrictive alternatives for institutionalized retarded persons and seeking to halt the construction of a new institution at Outwood

Pennhurst v. Halderman, 451 U.S. 1 (1981) Appeal of federal suit seeking community services for all residents of the Pennhurst State Hospital. Filed amici brief in behalf of all other institutionalized persons in eleven similar cases throughout the country

Guardianship of Richard Roe III, 383 Mass. 415, 421 N.E.2d 40 (1981) - Filed amici brief in guardianship case before the Massachusetts Supreme Judicial Court asserting the absolute right of persons living in the community to refuse treatment absent a judicial finding of incompetency and the appointment of a a guardian authorized to consent to such medication

Linden v. King, C.A. 79-862-T (D. Mass. l979) - Suit seeking to establish right of elderly nursing home residents to live in less restrictive, noninstitutionalized alternatives.

Gallup v. Alden, 51 Mass. App. Dec. 41 (l975) - Established obligation of the state to investigate and consider all less restrictive alternatives as part of proof for civil commitment, as well as several other substantive and procedural issues in commitment hearings

Hardin v. Sullivan, (Federal District Court - Negotiated settlement 1974) - Established right to vote for residents of Northampton State Hospital

Boyd v. Registrars of Belchertown, 373 Mass. 728 (1975) - Established right to vote for residents of Belchertown State School