Recent Litigation

This class action lawsuit alleges that New Hampshire officials violated Title II of the ADA by unnecessarily segregating individuals with serious mental health conditions in a state-operated nursing facility [Glencliff] and a state psychiatric facility [New Hampshire Hospital].  Following class certification, a comprehensive settlement agreement was negotiated and later approved by the Court in 2014.This […]

Class action on behalf of over 4,000 individuals with intellectual and developmental disabilities who are unnecessarily segregated in nursing facilities in Texas, in violation of the ADA, § 504, the Medicaid Act, and the Nursing Home Reform Amendments to the Act. In 2013, the parties negotiated an interim settlement that included community placements, enhanced services […]

Represented organizational plaintiff and class of persons in two state public DD institutions who seek community placement.  In response to the State’s announcement of intent to close a large ICF/MR, residents of facility seek to reopen an old institutional reform case, claiming a violation of the ongoing injunctive order.  The First Circuit reversed the district […]

Class action on behalf of 9,000 persons with brain injuries in nursing facilities and rehabilitation hospitals in Massachusetts who, with appropriate supports, can live in integrated community settings.  A Comprehensive Settlement Agreement, approved by the Court in 2009, required the Commonwealth to develop community living arrangements and supports, a new community service system for persons […]

After five years of litigation, the parties reached a settlement agreement that limited the use of solitary confinement for prisoners with mental illness and required DOC to create and maintain at least two secure treatment units as alternatives for these prisoners.  Many of the important provisions of the settlement, particularly limits on the use of […]

Civil rights damage action challenging the mandatory search, restraint, and forcible stripping of a woman with psychiatric disabilities in the hospital’s emergency department.  Case settled for significant damages as well as an agreement to make systemic reforms of hospital’s policies, procedures, and training program for ED staff.

Civil commitment order may not restrict the movements of a committed indidvual to a building.  Decisions about privilege level are for the hospital clinicians, not judges.

Class action case on behalf of 30,000 children with serious emotional disturbance (SED) seeking intensive home-based services, as required by the EPSDT provisions of the Medicaid Act.  The court certified a class and denied the State’s motion to dismiss (March 29, 2002).  Following a five-week trial in 2005, the Court entered a sweeping order finding […]

Court holds that “behavior modification” programs at Bridgewater State Hospital, a forensic prison, such as a “phase program” and the use of segregation cages are a form of restraint and violated state law.

Hospital successfully petitioned to involuntarily commit and forcibly medicate a voluntary, legally competent patient at a psychiatric hospital, even though she was willing to remain at the hospital and accept other treatment.  The Supreme Judicial Court reversed, holding that state law does not allow a hospital to petition to commit solely to obtain an expedited […]