Mental Disability Law Clinic v. Hogan, No. 06-CV-6320

• Court: United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
• Writing for the Court: GLASSER
• Citation: 739 F.Supp.2d 201
• Parties: MENTAL DISABILITY LAW CLINIC, Touro College, Jacob D. Fuchsberg Law Center, on behalf of its constituents, Plaintiff, v. Michael F. HOGAN, Ph.D., in his official capacity as Commissioner of the New York State Office of Mental Health, on behalf of himself and government operated inpatient and outpatient treatment programs, et al., Defendants.
• Docket Number: No. 06-CV-6320
• Decision Date: 17 September 2010

739 F.Supp.2d 201

MENTAL DISABILITY LAW CLINIC, Touro College, Jacob D. Fuchsberg Law Center, on behalf of its constituents, Plaintiff,
v.
Michael F. HOGAN, Ph.D., in his official capacity as Commissioner of the New York State Office of Mental Health, on behalf of himself and government operated inpatient and outpatient treatment programs, et al., Defendants.

No. 06-CV-6320.

United States District Court,
E.D. New York.

Sept. 17, 2010.

739 F.Supp.2d 202

William M. Brooks, Michelle K. Caldera, Civil Rights Clinic, Touro College Jacob D. Fuchsberg Law Center, Central Islip, NY, for Plaintiff.

Edward Joseph Curtis, Jr., Jane R. Goldberg, New York State Attorney General, Matthew Silverman, NYS Office of the Attorney General, New York, NY, Brian P. Callahan, Jennifer K. Siegel, Luz Adriana Lopez, Christopher M. Gatto, Suffolk County Attorneys Office, Hauppauge, NY, Eric Broutman, Abrams Fensterman Fensterman Eisman Greenberg Formato Einige, Lake Success, NY, for Defendants.

MEMORANDUM AND ORDER

GLASSER, Senior District Judge.

I. BACKGROUND

This appeal arises from an Order by Magistrate Judge Orenstein to grant the Plaintiff's motion to compel production of subpoenaed records from two non-parties, Family Service League ("FSL") and Stepping Stones Continuing Day Treatment ("Stepping Stones.")

The Plaintiff, the Mental Disability Law Clinic of Touro College, Jacob D. Fuchsberg Law Center ("MDLC") commenced this state-wide class action against Defendant Michael Hogan in his capacity as the Commissioner of the New York State Office of Mental Health and others (collectively, "Defendants.") The Plaintiff alleges that New York State's assisted outpatient treatment law, Mental Hygiene Law § 9.60 violates "the most integrated setting" provision of the Americans with Disabilities Act ("ADA"), 28 C.F.R. § 35.130(d) (2009) ¹. That provision of the ADA requires state and local governments to "administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities." Id.

MHL § 9.60 establishes a procedure by which a court order can be obtained that provides for assisted outpatient treatment ("AOT") for persons who suffer from a mental illness. The Plaintiff asserts that § 9.60 violates the ADA because only mentally

739 F.Supp.2d 203

ill individuals who have either (1) received inpatient mental health services twice within the last 36 months; or (2) have engaged in acts of serious violent behavior towards self or others within the last 48 months are eligible. Mentally ill individuals who do not meet either of those criteria do not qualify for court ordered AOT, are thus subject to be involuntarily hospitalized.

That disqualification deprives those mentally ill patients who, the plaintiff contends, are otherwise qualified for the "services, programs, or activities in the most integrated setting appropriate" to their needs mandated by the ADA. " 'The most integrated setting appropriate to the needs of qualified individuals with disabilities' is a setting that 'enables individuals with disabilities to interact with nondisabled persons to the fullest extent possible.' " Pennsylvania Prot. and Advocacy, Inc. v. Pennsylvania Dep't of Pub. Welfare, 402 F.3d 374, 379 (3d Cir.2005) ( quoting 28 C.F.R. pt. 35 app. A). " 'In short, where appropriate for the patient, both the ADA and the RA...