DISABILITY ADVOCATES, INC., Plaintiff,
v.
David A. PATERSON, in his official capacity as Governor of the State of New York, Richard F. Daines, in his official capacity as Commissioner of the New York State Department of Health, Michael F. Hogan, in his official capacity as Commissioner of the New York State Office of Mental Health, the New York State Department of Health, and the New York State Office of Mental Health, Defendants.
United States District Court, E.D. New York.https://leagle.com/images/logo.png
September 8, 2009.
September 8, 2009.
Attorney(s) appearing for the Case
Andrew Garry Gordon, Anne Skeels Raish, Francine Nicole Murray, Gayle Sharon Gerson, Jonathan R. Bolton, Liad Levinson, Sandra Lynn Sheldon, Paul Weiss Rifkind Wharton & Garrison LLP, New York, NY, Charlyne M. Brumskine Peay, Urban Justice Center, New York, NY, Ira Abraham Burnimm Jennifer Ellen Mathis, Judge David L. Bazelon Center for Mental Health Law, Washington, DC, Jeanette M. Zelhof, Kevin M. Cremin, MFY Legal Services, Inc., New York, NY, John A. Gresham, Roberta L. Mueller, Roger A. Bearden, New York Lawyers for the Public Interest, Inc., New York, NY, Timothy A. Clune, Cliff Zucker, Disability Advocates, Inc., Albany, NY, for Plaintiff.
Amanda Maisels, U.S. Dept. of Justice, Washington, DC, Michael J. Goldberger, U.S. Attorney's Office, Brooklyn, NY, for United States of America.
Barbara K. Hathaway, Matthew Silverman, Amy Marie Held, Scott J. Spiegelman, Attorney General's Office, New York, NY, for Defendants.
United States District Court, E.D. New York.
MEMORANDUM & ORDER SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS OF LAW
NICHOLAS G. GARAUFIS, District Judge.
The Supreme Court held in Olmstead v. L.C.,527 U.S. 581, 119 S.Ct. 2176, 144 L.Ed.2d 540 (1999), that "[u]njustified isolation... is properly regarded as discrimination based on disability," observing that "institutional placement of persons who can handle and benefit from community settings perpetuates...
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