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Subject:  Abuse and Neglect of Adult Home Residents

Bowen v. Rubin d/b/a Leben Home For Adults, No. 01-CV-0070 (EDNY 2001)

Disability Advocates, Inc., MFY Legal Services, Inc., and Patterson, Belknap, Webb & Tyler LLP, filed a lawsuit on behalf of 17 men with mental disabilities who were subjected to unnecessary and unconsented prostate surgeries while residents of the Leben Home for Adults.  In 2005, defendants Jacob Rubin, Leben Home for Adults, Parkway Hospital, Harry Josifidis, and National Union Fire Insurance Company settled the claims against them for $7.35 million.

Significant decisions:

Bowen v. Rubin d/b/a Leben Home For Adults, 213 F. Supp. 2d 220 (EDNY 2001)
Court held that federal rules of civil procedure warrant appointment of “next friends” to pursue complex affirmative litigation on behalf of plaintiffs with mental disabilities when clinical evidence supports the application and the court maintains continued supervision of the litigation.

Order, May 17, 2002
Court denied motion to dismiss plaintiff's federal claims under the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, and civil rights conspiracy claims under 29 U.S.C. 1985 and 1986.

Order, July 29, 2005
Court denied defendants’ motion for summary judgment in its entirety.