Case: Alabama Disabilities Advocacy Program v. SafetyNet Youth, Inc.

2:13-cv-00519 | U.S. District Court for the Southern District of Alabama

Filed Date: Oct. 25, 2013

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On October 25, 2013, the Alabama Disabilities Advocacy Program (ADAP) filed this lawsuit in the District Court for the Southern District of Alabama. The plaintiff, which served as Alabama’s designated protection and advocacy program for people with disabilities, sued SafetyNet Youthcare, Inc. (SafetyNet) under the Protection and Advocacy for Individuals with Mental Illness Act of 1986 (PAIMI), the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (PADD Act), and the Protectio…

On October 25, 2013, the Alabama Disabilities Advocacy Program (ADAP) filed this lawsuit in the District Court for the Southern District of Alabama. The plaintiff, which served as Alabama’s designated protection and advocacy program for people with disabilities, sued SafetyNet Youthcare, Inc. (SafetyNet) under the Protection and Advocacy for Individuals with Mental Illness Act of 1986 (PAIMI), the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (PADD Act), and the Protection and Advocacy of Individual Rights Program of 1993 (PAIR). The plaintiff alleged that SafetyNet had unlawfully failed to allow it, as Alabama’s Protection and Advocacy (P&A) provider, to monitor the defendant's facilities. Specifically, the plaintiff alleged that the defendant had failed to grant ADAP access to facilities used for SafetyNet Academy, a program operated by the defendant for male youths with emotional or behavioral disabilities. The plaintiff claimed that, despite several attempts to explain to the staff at SafetyNet Academy why they were required by law to allow ADAP into all of the Academy's facilities for monitoring and investigation purposes, the defendant repeatedly refused to grant ADAP access to what it referred to as its Moderate Program. The plaintiffs sought declaratory relief and a preliminary injunction to compel the SafetyNet Academy to grant them reasonable access to the facilities.

On December 2, 2013 – the same day the defendant filed an answer denying that it was required to allow the plaintiff access to its Moderate Program – it also filed a third-party complaint against the Alabama Department of Human Resources (DHR). SafetyNet claimed that, because it had acted on the advice and counsel of DHR, which served as its licensing authority, any potential violations on its own part were caused by DHR. On this basis, it sought indemnification from DHR for any recovery that may be received by the plaintiff against SafetyNet.

Unable to agree on terms of a settlement, the parties proceeded with discovery. On September 19, 2014, all three parties moved for summary judgment. While the plaintiff held onto its position that it was allowed access to all of SafetyNet Academy’s programs, the defendants argued that because the individuals in the Moderate Program had moderate (rather than severe) mental illness, they were excluded from P&A protection.

Shortly afterward, on October 14, 2014, the U.S. Department of Justice (DOJ) submitted a statement of interest supporting the plaintiff’s position that summary judgment against the defendants was appropriate. The DOJ asserted that the defendant’s facilities at SafetyNet Academy fell squarely within the parameters of PAIMI regulations and, as such, the plaintiff must be granted reasonable unrestricted access to all of the academy’s programs.

On December 12, 2014, Judge Callie V.S. Grande awarded summary judgment to the plaintiff, denying both defendants’ requests for summary judgment as well as SafetyNet’s request for indemnification and contribution against DHR. The judge found that, as a facility that provided residential treatment for individuals with mental illness and other disabilities, PAIMI, PADD, and PAIR applied to SafetyNet Academy. Rejecting defendants’ assertion that individuals with moderate mental illness may be excluded from P&A protection, she emphasized that the protections offered by these laws were intended to be broad in scope and did not define P&A access “one resident at a time.” Accordingly, Judge Grande held that ADAP was authorized to monitor all SafetyNet Academy programs and must be allowed reasonable access by law and awarded declaratory and permanent injunctive relief to the plaintiff. She also ordered ADAP and SafetyNet to meet and prepare a protocol for ADAP’s monitoring and investigation visits. Finally, the order denied SafetyNet’s request for indemnification against DHR and held that each party should bear its own attorneys’ fees and costs. 65 F.Supp.3d 1312.

The parties met and submitted access protocol on January 30, 2015. In addition to describing ADAP’s scope of access to SafetyNet and its records, the protocol outlined procedures ADAP may follow should SafetyNet deny or delay access to its facilities in the future.

Also following the grant of summary judgment, ADAP submitted a motion for reconsideration of the court’s denial of attorneys’ fees and costs. On February 11, 2015, Judge Grande issued an order awarding the plaintiff filing fees as the prevailing party. However, the order denied the plaintiff attorneys’ fees, citing a failure to raise an applicable exception to the American Rule stating that litigants are generally expected to bear their own attorneys’ fees and costs. 2015 WL 566946.

Summary Authors

Lauren Latterell Powell (10/15/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5119771/parties/alabama-disabilities-advocacy-program-v-safetynet-youthcare-inc/


Judge(s)

Bivins, Sonja Faye (Alabama)

Granade, Callie V. (Alabama)

Attorneys(s) for Plaintiff

Anderson, Nancy Ellen (Alabama)

Bohan, Mary (District of Columbia)

Coe, Cynthia (District of Columbia)

Hill, Eve L. (District of Columbia)

Mixson, Andrea Jane (Alabama)

Moran, Molly J. (District of Columbia)

Slawkowski, David J. (Alabama)

Smith, Jonathan Mark (District of Columbia)

Judge(s)

Bivins, Sonja Faye (Alabama)

Granade, Callie V. (Alabama)

Attorneys(s) for Plaintiff

Anderson, Nancy Ellen (Alabama)

Bohan, Mary (District of Columbia)

Coe, Cynthia (District of Columbia)

Hill, Eve L. (District of Columbia)

Mixson, Andrea Jane (Alabama)

Moran, Molly J. (District of Columbia)

Slawkowski, David J. (Alabama)

Smith, Jonathan Mark (District of Columbia)

Van Der Pol, William Jr. (Indiana)

Attorneys(s) for Defendant

Brooks, Felicia Marshea (Alabama)

McCloud, Stewart W. (Alabama)

Thompson, Martha Leach (Alabama)

Other Attorney(s)

Wiseman, Holly Lee (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Alabama Disabilities Advocacy Program v. SafetyNet YouthCare

Feb. 18, 2015 Docket
1

Complaint for Injunctive and Declarative Relief

Alabama Disabilities Advocacy Program v. SafetyNet Youthcare

Oct. 25, 2013 Complaint
8

Third Party Complaint

Alabama Disabilities Advocacy Program v. SafetyNet YouthCare, Inc. and SafetyNet YouthCare, Inc. v. Alabama Department of Human Resources

Dec. 2, 2013 Complaint
74

Department of Justice Statement of Interest

Alabama Disabilities Advocacy Program v. Safety Youthcare, Inc.,

Oct. 14, 2014 Pleading / Motion / Brief
78

Order

Alabama Disabilities Advocacy Program v. Safetynet Youthcare, Inc.,

65 F.Supp.3d 1312

Dec. 12, 2014 Order/Opinion
79

Declaratory Judgment

Alabama Disabilities Advocacy Program v. SafetyNet YouthCare, Inc.

2014 WL 7146444

Dec. 15, 2014 Order/Opinion
88

Notice of Filing Alabama Disabilities Advocacy Program (ADAP) Monitoring, Visitation and Record Access Procedures for SafetyNet YouthCare, Inc Facilities

Alabama Disabilities Advocacy Program v. SafetyNet YouthCare, Inc. and SafetyNet YouthCare, Inc. v. Alabama Department of Human Resources

Jan. 30, 2015 Settlement Agreement
88-1

ADAP Monitoring, Visitation and Record Access Procedures for SafetyNet YouthCare,Inc. Facilities

ADAP v. SafetyNet

Feb. 11, 2015 Settlement Agreement
89

Order and Opinion

Alabama Disabilities Advocacy Program v. SafetyNet YouthCare, Inc.

2015 WL 566946

Feb. 11, 2015 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5119771/alabama-disabilities-advocacy-program-v-safetynet-youthcare-inc/

Last updated May 17, 2022, 2:11 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants ( Filing fee $400 receipt number 1128-1502846, Online Credit Card Payment), filed by Alabama Disabilities Advocacy Program. (Attachments: # 1 Exhibit Exhibits 1-8, # 2 Waiver of Service, # 3 Civil Cover Sheet) (Slawkowski, David) (Attachment 1 replaced on 3/21/2014) (mjn). (Entered: 10/25/2013)

1 Exhibit Exhibits 1-8

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2 Waiver of Service

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3 Civil Cover Sheet

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Oct. 25, 2013 RECAP
2

Service Notice issued 11/4/2013. Plaintiff's Notice of Service Efforts due by 12/9/2013 pursuant to Local Rule 4.1(c). (mab) (Entered: 11/04/2013)

Nov. 4, 2013 PACER
3

NOTICE of Filing Proposed Summons by Alabama Disabilities Advocacy Program (Slawkowski, David) (Entered: 11/05/2013)

Nov. 5, 2013 PACER
4

Summons Issued as to SafetyNet YouthCare, Inc. (NOTE TO COUNSEL: The Summons has been issued. Please print copies necessary for service.) (mab) (Entered: 11/05/2013)

Nov. 5, 2013 PACER
5

SUMMONS Returned Executed by Alabama Disabilities Advocacy Program. SafetyNet YouthCare, Inc. served on 11/11/2013, answer due 12/2/2013. (Slawkowski, David) (Entered: 11/19/2013)

Nov. 19, 2013 PACER
6

NOTICE of Appearance by Andrea Jane Mixson on behalf of Alabama Disabilities Advocacy Program (Mixson, Andrea) (Entered: 11/27/2013)

Nov. 27, 2013 PACER
7

ANSWER to 1 Complaint, by SafetyNet YouthCare, Inc.. (Thompson, Martha) (Entered: 12/02/2013)

Dec. 2, 2013 PACER
8

THIRD PARTY COMPLAINT against Alabama Department of Human Resources (DHR), filed by SafetyNet YouthCare, Inc.. (Thompson, Martha) (Entered: 12/02/2013)

Dec. 2, 2013 RECAP
9

PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 1/17/2014.Signed by Magistrate Judge Sonja F. Bivins on 12/3/2013. (Attachment: # 1 consent form) (mab) (Main Document 9 replaced on 12/3/2013) (mab). (Entered: 12/03/2013)

Dec. 3, 2013 PACER
10

Third-Party Summons Issued as to Alabama Department of Human Resources (DHR). (NOTE TO COUNSEL: The Third-Party Summons has been issued. Please print copies necessary for service.) (mab) (Entered: 12/03/2013)

Dec. 3, 2013 PACER
11

SUMMONS Returned Executed by SafetyNet YouthCare, Inc.. Alabama Department of Human Resources (DHR) served on 12/4/2013, answer due 12/26/2013. (Thompson, Martha) (Entered: 12/10/2013)

Dec. 10, 2013 PACER
12

NOTICE of Appearance by Felicia Marshea Brooks on behalf of Alabama Department of Human Resources (DHR) (Brooks, Felicia) (Entered: 12/20/2013)

Dec. 20, 2013 PACER
13

Corporate Disclosure Statement filed by ThirdParty Defendant Alabama Department of Human Resources (DHR). (Brooks, Felicia) (Entered: 12/20/2013)

Dec. 20, 2013 PACER
14

Document endorsed NOTED by Magistrate Judge Sonja F. Bivins: Corporate Disclosure Statement 13 filed by Alabama Department of Human Resources (DHR). (Bivins, Sonja) (Entered: 12/20/2013)

Dec. 20, 2013 PACER
15

ANSWER to 8 Third Party Complaint by Alabama Department of Human Resources (DHR). (Brooks, Felicia) (Entered: 12/22/2013)

Dec. 22, 2013 PACER
16

Document endorsed NOTED by Judge Callie V. S. Granade: Corporate Disclosure Statement 13 filed by Alabama Department of Human Resources (DHR) (McDermott, Elizabeth) (Entered: 12/23/2013)

Dec. 23, 2013 PACER
17

Corporate Disclosure Statement filed by Defendant SafetyNet YouthCare, Inc.. (Thompson, Martha) (Entered: 01/08/2014)

Jan. 8, 2014 PACER
18

Document endorsed NOTED by Judge Callie V. S. Granade: Corporate Disclosure Statement 17 filed by SafetyNet YouthCare, Inc. (McDermott, Elizabeth) (Entered: 01/08/2014)

Jan. 8, 2014 PACER
19

Document endorsed NOTED by Magistrate Judge Sonja F. Bivins: Corporate Disclosure Statement 17 filed by SafetyNet YouthCare, Inc. (Bivins, Sonja) (Entered: 01/08/2014)

Jan. 8, 2014 PACER
20

REPORT of Rule 26(f) Planning Meeting . (Mixson, Andrea) (Entered: 01/17/2014)

Jan. 17, 2014 PACER
21

NOTICE of Endorsement by SafetyNet YouthCare, Inc. (Thompson, Martha) (Entered: 01/20/2014)

Jan. 20, 2014 PACER
22

NOTICE of Endorsement by Alabama Department of Human Resources (DHR) (Brooks, Felicia) (Entered: 01/21/2014)

Jan. 21, 2014 PACER
23

Order re: 20 Report of Rule 26(f) Planning Meeting filed by Alabama Disabilities Advocacy Program. Status Conference set for 2/4/2014 at 10:00 AM in US Courthouse, Courtroom 1A, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge Sonja F. Bivins. Signed by Magistrate Judge Sonja F. Bivins on 1/22/2014. copies to parties & emailed to CRD. (sdb) (Entered: 01/22/2014)

Jan. 22, 2014 PACER
24

MOTION for William Van Der Pol, Jr. to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1538586, Online Credit Card Payment.) by Alabama Disabilities Advocacy Program. (Van Der Pol, William) (Entered: 01/31/2014)

Jan. 31, 2014 PACER
25

NOTICE of Filing Exhibits Application Documents for Pro Hac Vice Appearance by Alabama Disabilities Advocacy Program re: 24 MOTION for William Van Der Pol, Jr. to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1538586, Online Credit Card Payment.) filed by Alabama Disabilities Advocacy Program. (Van Der Pol, William) (Entered: 01/31/2014)

Jan. 31, 2014 PACER
26

Notice of Filing Initial Disclosures filed by Alabama Disabilities Advocacy Program. (Mixson, Andrea) (Entered: 01/31/2014)

Jan. 31, 2014 PACER

Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins: A status conference was conducted on 2/4/2014, with counsel for the parties attending by telephone. (kpt)

Feb. 4, 2014 PACER
27

RULE 16(b) SCHEDULING ORDER: Pretrial Conference set for 11/10/2014 at 1:30 PM in US Courthouse, Judge's Chambers, 113 St. Joseph Street, Mobile, AL 36602 before Judge Callie V. S. Granade. Motions for leave to amend pleadings due by 2/28/2014. Discovery cutoff 6/30/2014. Dispositive Motions due by 7/18/2014. Bench Trial set for the December 2014 trial term before Judge Callie V. S. Granade. ETT 3 days. Joint Position Regarding Settlement due by 6/30/2014. Joint Proposed Protective Order due by 2/18/2014. Signed by Magistrate Judge Sonja F. Bivins on 2/4/2014. (Attachment: # 1 Judge Granade's Standing Pretrial Order) (mab) (Entered: 02/04/2014)

Feb. 4, 2014 PACER
28

NOTICE of Filing Proposed Order by Alabama Disabilities Advocacy Program re: 27 Scheduling Order,, Notice and Text of Joint Proposed Protective Order with Proposed Non-Disclosure Agreement (Mixson, Andrea) (Entered: 02/18/2014)

Feb. 18, 2014 PACER
29

MOTION to Amend 28 Joint Proposed Protective Order and Non-Disclosure Agreement by Alabama Disabilities Advocacy Program. (Attachments: # 1 Text of Proposed Order) (Mixson, Andrea) (Entered: 02/19/2014)

Feb. 19, 2014 PACER
30

AMENDED PROTECTIVE ORDER entered. Signed by Magistrate Judge Sonja F. Bivins on 2/19/2014. (srr) (Main Document 30 replaced on 5/9/2014) (mab). (Entered: 02/20/2014)

Feb. 20, 2014 PACER
31

Notice of Filing Requests for Admisson filed by Alabama Disabilities Advocacy Program. (Mixson, Andrea) (Entered: 03/21/2014)

March 21, 2014 PACER
32

ENDORSED ORDER Denying, without prejudice [Doc. 24] Motion to Appear Pro Hac Vice filed by William Van Der Pol, Jr. Despite numerous requests from the court, counsel has failed to provide the requisite documentation. Accordingly, the motion is denied, without prejudice. Signed by Magistrate Judge Sonja F. Bivins on 4/11/2014. (kpt) (Entered: 04/11/2014)

April 11, 2014 PACER
33

NOTICE of Appearance by Nancy Ellen Anderson on behalf of Alabama Disabilities Advocacy Program (Anderson, Nancy) (Entered: 04/24/2014)

April 24, 2014 PACER
34

MOTION for Extension of Time to Complete Discovery by Alabama Disabilities Advocacy Program. (Mixson, Andrea) (Superseded by Doc. 35 .) (Entered: 05/05/2014)

May 5, 2014 PACER
35

Corrected MOTION for Extension of Time to Complete Discovery by Alabama Disabilities Advocacy Program. (Mixson, Andrea) (Entered: 05/05/2014)

May 5, 2014 PACER
36

ORDER, granting 35 MOTION for Extension of Time filed by Alabama Disabilities Advocacy Program. Plaintiff's expert disclosures due 5/12/2014. Defendants' expert disclosures due 6/12/2014. Discovery cutoff 7/15/2014., Dispositive Motions due by 7/31/2014. Joint Position Regarding Settlement due by 7/15/2014. All other deadlines contained in the 27 rule 16(b) scheduling order remain in full force and effect. Signed by Magistrate Judge Sonja F. Bivins on 5/7/2014. (mab) (Entered: 05/07/2014)

May 7, 2014 PACER
37

Notice of Filing Expert Witness Report filed by Alabama Disabilities Advocacy Program. (Mixson, Andrea) (Entered: 05/12/2014)

May 12, 2014 PACER
38

Notice of Filing Requests for Production filed by Alabama Disabilities Advocacy Program. (Mixson, Andrea) (Entered: 05/29/2014)

May 29, 2014 PACER
39

Notice of Filing Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action filed by Alabama Department of Human Resources (DHR). (Attachments: # 1 Exhibit) (Brooks, Felicia) (Entered: 06/26/2014)

June 26, 2014 PACER
40

MOTION for Protective Order Regarding Third Party Defendant DHR's SUBPOENA OR Motion to Quash Subpoena by Alabama Disabilities Advocacy Program. (Attachments: # 1 Exhibit 1, 2) (Mixson, Andrea) (Entered: 06/30/2014)

June 30, 2014 PACER
41

Objection re: 40 MOTION for Protective Order Regarding Third Party Defendant DHR's SUBPOENA OR Motion to Quash Subpoena OBJECTION TO PLAINTIFFS MOTION FOR PROTECTIVE ORDER BY THIRD-PARTY DEFENDANT filed by Alabama Department of Human Resources (DHR). (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D) (Brooks, Felicia) (Entered: 07/07/2014)

July 7, 2014 PACER
42

MOTION for Extension of Time by Alabama Disabilities Advocacy Program. (Mixson, Andrea) (Entered: 07/10/2014)

July 10, 2014 PACER
43

NOTICE of Hearing: Telephone Conference set for 7/14/2014 09:00 AM in US Courthouse, Courtroom 1A, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge Sonja F. Bivins. Counsel will be notified by separate e-mail the call in number and pass code to access the conference. (mjn) (Entered: 07/11/2014)

July 11, 2014 PACER

Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins: Telephone Conference held on 7/14/2014 re; motion for protective order 40 and motion for extension of time 42 ; Counsel participating by telephone; Nancy Anderson, Andrea Mixson, Martha Thompson and Felicia Brooks FTR Digital Audio Recording. (mjn)

July 14, 2014 PACER
45

Order re: 40 MOTION for Protective Order filed by Alabama Disabilities Advocacy Program, and the parties' 42 MOTION for Extension of Time. Discovery conference conducted 7/14/2014. Non-party Alabama Department of Mental Health is ORDERED to produce for an in camera inspection the records as set out in order and deliver documents to chambers no later than 7/18/2014. Parties' motion for an extension is GRANTED in part, and DENIED in part. Pretrial Conference set for 2/9/2015 at 9:30 AM in US Courthouse, Judge's Chambers, 113 St. Joseph Street, Mobile, AL 36602 before Judge Callie V. S. Granade. Non-jury trial set for the March 2015 trial term. ETT 3 days. Discovery cutoff 8/29/2014. Dispositive Motions due by 9/19/2014. Joint Position Regarding Settlement due by 8/29/2014. Except as otherwise provided herein, all other deadlines contained in the 27 scheduling order entered on 2/42/014 remain in full effect.. Signed by Magistrate Judge Sonja F. Bivins on 7/14/2014. (Entered: 07/14/2014)

July 14, 2014 PACER
46

ORDER granting in part and denying in part 40 Motion for Protective Order or in the alternative motion to quash subpoena as set out in order. Signed by Magistrate Judge Sonja F. Bivins on 7/21/2014. (mab) (Entered: 07/21/2014)

July 21, 2014 PACER
47

NOTICE of Appearance by Stewart D. McCloud on behalf of SafetyNet YouthCare, Inc. (McCloud, Stewart) (Entered: 07/30/2014)

July 30, 2014 PACER
48

MOTION to Compel Production by Third Party Defendant, Alabama Department of Human Resources by Alabama Disabilities Advocacy Program. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Mixson, Andrea) (Entered: 08/21/2014)

Aug. 21, 2014 PACER

MOTIONS REFERRED: 48 MOTION to Compel Production by Third Party Defendant, Alabama Department of Human Resources Referred to Judge Sonja F. Bivins. (mab)

Aug. 21, 2014 PACER
49

Order re: Plaintiff's 48 MOTION to Compel Alabama Department of Human Resources ("DHR") to properly respond to Plaintiff's first production request. DHR is directed to file a response by 8/29/2014. Signed by Magistrate Judge Sonja F. Bivins on 8/22/2014. (mab) (Entered: 08/22/2014)

Aug. 22, 2014 PACER
50

Joint Position Regarding Settlement filed by Alabama Disabilities Advocacy Program. (Mixson, Andrea) (Entered: 08/28/2014)

Aug. 28, 2014 PACER
51

Document endorsed NOTED by Magistrate Judge Sonja F. Bivins: Position Regarding Settlement 50 filed by Alabama Disabilities Advocacy Program. (Bivins, Sonja) (Entered: 08/29/2014)

Aug. 29, 2014 PACER
52

RESPONSE in Opposition re 48 MOTION to Compel Production by Third Party Defendant, Alabama Department of Human Resources filed by Alabama Department of Human Resources (DHR). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Brooks, Felicia) (Entered: 08/29/2014)

Aug. 29, 2014 PACER
53

MOTION to Compel Discovery Against Defendant SafetyNet YouthCare, Inc. by Alabama Disabilities Advocacy Program. (Attachments: # 1 Exhibit A) (Mixson, Andrea) (Entered: 08/29/2014)

Aug. 29, 2014 PACER

MOTIONS REFERRED: 53 MOTION to Compel Production of Documents Against SafetyNet YouthCare, Inc. referred to Judge Sonja F. Bivins. (tot)

Sept. 2, 2014 PACER
54

Order re: 53 MOTION to Compel Discovery Against Defendant SafetyNet YouthCare, Inc. filed by Alabama Disabilities Advocacy Program; Defendant Safetynet Youth Care, Inc. is directed to file a response by September 9, 2014. (Responses due by 9/9/2014). Signed by Magistrate Judge Sonja F. Bivins on 9/2/2014. (mjn) (Entered: 09/02/2014)

Sept. 2, 2014 PACER
55

MOTION to Withdraw 53 MOTION to Compel Discovery Against Defendant SafetyNet YouthCare, Inc. by Alabama Disabilities Advocacy Program. (Mixson, Andrea) (Entered: 09/03/2014)

Sept. 3, 2014 PACER

MOTIONS REFERRED: 55 MOTION to Withdraw 53 MOTION to Compel Discovery Against Defendant SafetyNet YouthCare, Inc. referred to Judge Sonja F. Bivins. (tot)

Sept. 4, 2014 PACER
56

ENDORSED ORDER granting [Doc. 55] Plaintiff's Motion to Withdraw its Motion to Compel. Signed by Magistrate Judge Sonja F. Bivins on 9/4/2014. (kpt) (Entered: 09/04/2014)

Sept. 4, 2014 PACER
57

MOTION for Leave to File Excess Pages by Alabama Department of Human Resources (DHR). (Brooks, Felicia) (Entered: 09/15/2014)

Sept. 15, 2014 PACER
58

NOTICE of Hearing: Telephone Conference set for 9/18/2014 11:00 AM in US Courthouse, Courtroom 1A, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge Sonja F. Bivins. Counsel will be notified by separate e-mail the call in number and pass code to access the conference. (mjn) (Entered: 09/15/2014)

Sept. 15, 2014 PACER

MOTIONS REFERRED: 57 MOTION for Page Limit Extension for Brief in support of motion for summary judgment; Referred to Judge Callie V. S. Granade. (mab)

Sept. 15, 2014 PACER
59

ENDORSED ORDER, GRANTING 57 DHR's Motion For Page Limit Extension for Brief. DHR's brief in support of its motion for summary judgment shall not exceed fifty (50) pages. Signed by Judge Callie V. S. Granade on 9/16/2014. (mab) (Entered: 09/16/2014)

Sept. 16, 2014 PACER

Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins: Telephone Conference held on 9/18/2014. Counsel participating by telephone: David Slawkowski, Nancy Anderson, Andrea Mixson, Stewart McCloud, and Felicia Brooks; FTR Digital Audio Recording. (mjn)

Sept. 18, 2014 PACER
61

ENDORSED ORDER granting in part and denying in part Plaintiff's Motion to Compel 48 . For the reasons stated on the record during the discovery conference conducted on September 18, 2014, Plaintiffs Motion to Compel is granted in part, and denied in part. Within ten (10) days, Third Party Defendant, the Alabama Department of Human Resources, is to review the MAP reports for children placed in SafetyNets Moderate Program between 2012 and 2014, and provide a verified statement listing the diagnoses provided for each child. Said verification shall not include any personal identifying information for said children. Signed by Magistrate Judge Sonja F. Bivins on 9/18/2014. (Bivins, Sonja) (Entered: 09/18/2014)

Sept. 18, 2014 PACER
62

MOTION for Summary Judgment by SafetyNet YouthCare, Inc.. (Attachments: # 1 Memorandum Brief in Support of Motion for Summary Judgment, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G) (Thompson, Martha) (Entered: 09/19/2014)

1 Memorandum Brief in Support of Motion for Summary Judgment

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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Sept. 19, 2014 RECAP
63

MOTION for Summary Judgment by Alabama Disabilities Advocacy Program. (Attachments: # 1 Supplement Certificate of Service, # 2 Supplement Memorandum, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Text of Proposed Order, # 10 Exhibit) (Mixson, Andrea) (Entered: 09/19/2014)

1 Supplement Certificate of Service

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2 Supplement Memorandum

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Text of Proposed Order

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10 Exhibit

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Sept. 19, 2014 RECAP
64

MOTION for Summary Judgment by Alabama Department of Human Resources (DHR). (Attachments: # 1 Text of Proposed Order) (Brooks, Felicia) (Entered: 09/19/2014)

Sept. 19, 2014 PACER
65

Brief filed by Alabama Department of Human Resources (DHR) filed by Alabama Department of Human Resources (DHR). (Brooks, Felicia) (Entered: 09/19/2014)

Sept. 19, 2014 PACER
66

Evidentiary Material filed by Alabama Department of Human Resources (DHR) re: 64 MOTION for Summary Judgment . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16A, # 17 Exhibit 16B, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19) (Brooks, Felicia) (Entered: 09/19/2014)

Sept. 19, 2014 PACER
67

Order re MOTIONs for Summary Judgment (Docs. 62, 63, & 64 ), setting response time as follows: Responses to S/J due by 10/10/2014. Replies to Responses to S/J due by 10/24/2014. Motions to be taken under submission on 10/27/2014. Signed by Judge Callie V. S. Granade on 9/22/2014. (mab) (Entered: 09/22/2014)

Sept. 22, 2014 PACER
68

MOTION to Supplement Motion for Summary Judgment by Alabama Disabilities Advocacy Program. (Attachments: # 1 Supplement Pl's. Supplemental Memo in Support of MSJ, # 2 Exhibit Pl's Ex. H) (Mixson, Andrea) (Entered: 10/01/2014)

Oct. 1, 2014 PACER
69

ENDORSED ORDER, GRANTING 68 Plaintiff ADAP's Motion to Supplement its Motion for Summary Judgment. Signed by Judge Callie V. S. Granade on 10/1/2014. (mab) (Entered: 10/01/2014)

Oct. 1, 2014 PACER
70

Supplement to Memorandum in Support of Its 63 MOTION for Summary Judgment, filed by Alabama Disabilities Advocacy Program. (Attachment: # 1 Exhibit H - Affidavit of Elizabeth "Betsy" M. King) (mab) (Entered: 10/02/2014)

Oct. 1, 2014 PACER
71

RESPONSE to 64 MOTION for Summary Judgment, 63 MOTION for Summary Judgment filed by SafetyNet YouthCare, Inc.. (Thompson, Martha) (Entered: 10/10/2014)

Oct. 10, 2014 PACER
72

Memorandum in Opposition re 63 MOTION for Summary Judgment, 70 Memorandum in Support filed by Alabama Department of Human Resources (DHR). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Brooks, Felicia) (Attachment 3 replaced on 10/16/2014) (mab). (Entered: 10/10/2014)

Oct. 10, 2014 PACER
73

Memorandum in Opposition re 62 MOTION for Summary Judgment, 65 Brief filed by Alabama Disabilities Advocacy Program. (Attachments: # 1 Appendix A, # 2 Exhibit Doc. 63-5 (Ex. D), # 3 Exhibit Doc. 63-6 (Ex. E), # 4 Exhibit Doc 68-2 (Ex. H)) (Mixson, Andrea) (Entered: 10/10/2014)

Oct. 10, 2014 PACER
74

Department of Justice Statement of Interest filed by UNITED STATES OF AMERICA (Wiseman, Holly) (Entered: 10/14/2014)

Oct. 14, 2014 PACER
75

RESPONSE to 73 Memorandum in Opposition, filed by SafetyNet YouthCare, Inc.. (Thompson, Martha) (Entered: 10/24/2014)

Oct. 24, 2014 PACER

REFERRAL OF 62 MOTION for Summary Judgment, 73 Memorandum in Opposition, and 75 Reply to Judge Callie V. S. Granade. (mab)

Oct. 24, 2014 PACER

REFERRAL OF 74 Department of Justice Statement of Interest to Judge Granade. (mab)

Oct. 24, 2014 PACER
76

REPLY Brief filed by ThirdParty Defendant Alabama Department of Human Resources (DHR) re: 71 Response by SafetyNet to Motion for SJ filed by Alabama Department of Human Resources (DHR). (Brooks, Felicia) (Entered: 10/24/2014)

Oct. 24, 2014 PACER
77

REPLY Brief filed by ThirdParty Defendant Alabama Department of Human Resources (DHR) re: 74 Brief, 71 Response, 73 Memorandum in Opposition, filed by Alabama Department of Human Resources (DHR). (Attachments: # 1 Text of Proposed Order) (Brooks, Felicia) (Entered: 10/24/2014)

Oct. 24, 2014 PACER

REFERRAL OF 63 MOTION for Summary Judgment; 73 Memorandum in Opposition; 75 Reply by SafetyNet YouthCare, Inc.; and 76 Reply Brief by Alabama Department of Human Resources to Judge Callie V. S. Granade. (mab)

Nov. 3, 2014 PACER

REFERRAL OF: 64 MOTION for Summary Judgment; 71 Response; and 76 Reply Brief to Judge Callie V. S. Granade. (mab)

Nov. 3, 2014 PACER
78

ORDER, DENYING 62 Motion for Summary Judgment filed by SafetyNet Youthcare, Inc.; GRANTING 63 Motion for Summary Judgment filed by Alabama Disabilities Advocacy Program; and DENYING 64 Motion for Summary Judgment filed by Alabama Department of Human Resources. ADAP and SafetyNet are required to meet and to develop a protocol consistent with this order for presentation to the Court no later than January 30, 2015. Declaratory judgment is entered against SafetyNet, and SafetyNet is permanently enjoined from denying ADAP reasonable access to its intensive and moderate programs at the Minter, Alabama facility. A separate judgment will be entered. The Court retains jurisdiction to enforce the injunction. Signed by Judge Callie V. S. Granade on 12/12/2014. (mab) (Entered: 12/12/2014)

Dec. 12, 2014 RECAP
79

DECLARATORY JUDGMENT, entered in favor of Alabama Disabilities Advocacy Program, and against SafetyNet YouthCare, Inc. SafetyNet Youthcare, Inc. is PERMANENTLY ENJOINED from denying Alabama Disabilities Advocacy Program reasonable access to its intensive and moderate programs located at the Minter, Alabama facility. Signed by Judge Callie V. S. Granade on 12/15/2014. (mab) (Entered: 12/15/2014)

Dec. 15, 2014 RECAP
80

MOTION to Reconsider Court's 78 Order Regarding Attorney's Fees and Costs, and MOTION Requesting Reasonable Attorney's Fees and Costs, filed by Alabama Disabilities Advocacy Program. (Attachments: # 1 Memorandum, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C) (Mixson, Andrea). Added MOTION for Attorney Fees on 1/3/2015 (mab). (Entered: 12/29/2014)

Dec. 29, 2014 PACER
81

Order re: 80 MOTION for Attorney Fees filed by Alabama Disabilities Advocacy Program. Any party opposing the motion must file response by 1/13/2015. Replies due by 1/20/2015. Motion to be taken under submission on 1/21/2015. Signed by Judge Callie V. S. Granade on 12/30/2014. (tot) (Entered: 12/30/2014)

Dec. 30, 2014 PACER
82

RESPONSE in Opposition to ADAP's 80 MOTION to Reconsider Court's 78 Order Denying ADAP's Request for Attorneys' Fees and Costs, filed by SafetyNet YouthCare, Inc. (Thompson, Martha) (Entered: 01/13/2015)

Jan. 13, 2015 PACER
83

RESPONSE in Opposition to ADAP's 80 MOTION to Reconsider Court's 78 Order Regarding Attorney's Fees, filed by Alabama Department of Human Resources (DHR). (Brooks, Felicia) (Entered: 01/13/2015)

Jan. 13, 2015 PACER

REFERRAL OF 82 & 83 RESPONSES in Opposition to ADAP's 80 MOTION to Reconsider Court's 78 Order Denying ADAP's Request for Attorneys' Fees and Costs to Judge Granade. (mab)

Jan. 13, 2015 PACER
84

REPLY Brief filed by Plaintiff Alabama Disabilities Advocacy Program re: 82 Response in Opposition to Motion filed by Alabama Disabilities Advocacy Program. (Attachments: # 1 Exhibit) (Mixson, Andrea) (Entered: 01/20/2015)

Jan. 20, 2015 PACER
85

MOTION for Leave to File Sur-Reply to Correct Misstatements of Law & Fact by SafetyNet YouthCare, Inc.. (Thompson, Martha) (Entered: 01/21/2015)

Jan. 21, 2015 PACER

MOTIONS REFERRED: 85 MOTION for Leave to File Sur-Reply to Correct Misstatements of Law & Fact Referred to Judge Callie V. S. Granade. (mab)

Jan. 21, 2015 PACER
86

ENDORSED ORDER granting 85 Motion for Leave to File Sur-Reply to Correct Misstatements of Law and Fact. No further filings will be permitted. Signed by Judge Callie V. S. Granade on 1/22/2015. (tot) (Entered: 01/22/2015)

Jan. 22, 2015 PACER
87

Sur-Reply in Opposition to ADAP's 80 Motion to Reconsider Court's Order Denying ADAP's Request for Attorneys' Fees, filed by SafetyNet YouthCare, Inc. (Thompson, Martha) (Entered: 01/26/2015)

Jan. 26, 2015 PACER

REFERRAL OF 87 Sur-Reply in Opposition to ADAP's 80 Motion to Reconsider Court's Order Denying ADAP's Request for Attorneys' Fees to Judge Granade. (mab)

Jan. 26, 2015 PACER
88

NOTICE by Alabama Disabilities Advocacy Program re 78 Order on Motion for Summary Judgment,,,,,,,,,,, ADAP Access Procedures for SafetyNet Facilities (Attachments: # 1 Exhibit Access Protocol) (Mixson, Andrea) (Entered: 01/30/2015)

1 Exhibit Access Protocol

View on RECAP

Jan. 30, 2015 RECAP

State / Territory: Alabama

Case Type(s):

Mental Health (Facility)

Special Collection(s):

DOJ Civil Rights Division Statements of Interest

Key Dates

Filing Date: Oct. 25, 2013

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff, the Alabama Disabilities Advocacy Program (ADAP), was Alabama's designated Protection and Advocacy provider.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

SafetyNet YouthCare, Inc. (Dallas), Non-profit or advocacy

Alabama Department of Human Resources, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.

Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801

Protection and Advocacy of Individual Rights (PAIR), 29 U.S.C. § 794e

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Monitoring

Recordkeeping

Reporting

Required disclosure

Preliminary relief request withdrawn/mooted

Issues

General:

Access to lawyers or judicial system

Fines/Fees/Bail/Bond

Incident/accident reporting & investigations

Record-keeping

Records Disclosure

Disability:

Mental impairment

Mental Disability:

Depression

Developmental disability without intellectual disability

Mental Illness, Unspecified

Schizophrenia

Medical/Mental Health:

Mental health care, general

Type of Facility:

Non-government non-profit