Health Department Forms Folder 0065, 1999-2001

NYC 9/11 Public Portal Document

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___ § I. Legal Chronology

August 1999 Class action filed on behalf of mentally ill inmates seeking preliminary and permanent injunction enjoining defendants to provide discharge planning as provided by Mental Hygiene Law §29.15, 14 NYCRR Part 587 and the New York State Constitution

August - Parties engage in extensive discovery, including document production and Nov.2000 depositions

July 8, 2000 Court certifies class and issues preliminary injunction, finding that City Jails are subject to provisions of Mental Hygiene Law applicable to inpatient psychiatric facilities and outpatient clinics

• Court subsequently issues Order defining class as consisting of inmates who are incarcerated for more than 24 hours, and who receive treatment for mental illness during incarceration

July 26, 2000 City appeals preliminary injunction • City invokes automatic stay; upheld after court challenge by plaintiffs • Lower court directs proceedings to continue notwithstanding appeal • Parties engage in further extensive discovery

July — Dec., 2000 Parties engage in settlement discussions

Oct. 31, 2000 Appellate Division unanimously affirms preliminary injunction on Opinion below • Plaintiffs express renewed interest in settlement • Plaintiffs forebear from serving notice of entry (preliminary injunction order does not take effect)

Nov. 14, 2000 Judge agrees to adjourn further court proceedings until December 19, 2000 to allow parties to pursue settlement; deadline subsequently extended to January 30, 2001

Jan. 17, 2001 Plaintiffs present defendants with detailed settlement proposal • proposal's detail and emphasis on process is unacceptable to defendants

Future litigation parties to resume discovery Defendants may seek leave from Appellate Division to appeal to Court of Appeals, invoking automatic stay, which is likely to be challenged by plaintiffs; unlikely leave will be granted Plaintiffs expected to serve Notice of Entry of preliminary injunction order Plaintiff likely to file motion for contempt for failure to comply with preliminary injunction Likelihood that permanent injunction will be issued in Spring 2001 • Defendants will need to submit proposal re: remedy, to reduce potential for Court to adopt plaintiffs' extreme proposal

NYC-WTC 000138006