Filed Date: March 1, 2012
Closed Date: May 11, 2012
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This case is about a Protection and Advocacy (P&A) agency’s access authority, specifically access to a state agency’s survey and investigation records of a nursing facility. On March 1, 2012, Disability Law Center Alaska (DLC) filed a complaint in the U.S. District Court for the District of Alaska against Alaska Department of Health and Human Services, its Division of Health Care Services, and the Division’s Section of Certification and Licensing (collectively ‘DHHS’), alleging violations of the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), the Protection and Advocacy of Individuals with Mental Illness Act (PAIMI Act), the Protection and Advocacy for Individual Rights Act (PAIR Act), and the Rehabilitation Act when defendants failed to provide survey files of a nursing facility investigation. Judge John W. Sedwick presided over this matter.
The lawsuit began after DLC received complaints of abuse and neglect by Seward Mountain Haven Nursing Facility. The nursing facility reported several incidents of falls, and DHHS investigated these incidents. DLC requested DHHS’s survey files for those investigations. In response, DHHS provided DLC with the Statements of Deficiencies and the Plans of Correction for several visits it had conducted. As a result of the numerous deficiencies found by DHHS, DLC determined probable cause existed that abuse or neglect had taken place at the facility. In order to assess the sufficiency of the surveys conducted by DHHS, and determine if the Plans of Correction were appropriate, DLC requested the survey files containing all documents underlying the Statements of Deficiencies and Plans of Correction concerning the facility. DHHS denied the request, and DLC then filed a complaint seeking a preliminary injunction and declaratory relief requiring DHHS release the files in question.
On May 11, 2012, the parties filed a joint motion to dismiss under the terms that the State provide DLC with access to those files, and that DLC keep the files confidential. DLC also agreed to recognize that its access authority under the DD Act, PAIMI Act, and PAIR Act is silent about redisclosure of files. The case closed on May 11, 2012.
Summary Authors
NDRN (7/5/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60804984/parties/disability-law-center-of-alaska-inc-v-state-of-alaska-department-of/
Sedwick, John W. (Alaska)
Regan, Mark W. (Alaska)
Zaletel, Megan K. (Alaska)
Kraly, Stacie L. (Alaska)
See docket on RECAP: https://www.courtlistener.com/docket/60804984/disability-law-center-of-alaska-inc-v-state-of-alaska-department-of/
Last updated Aug. 6, 2025, 10:57 p.m.
State / Territory: Alaska
Case Type(s):
Healthcare Access and Reproductive Issues
Key Dates
Filing Date: March 1, 2012
Closing Date: May 11, 2012
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Missouri P&A
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Alaska Department of Health and Social Services, State
Defendant Type(s):
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
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Issues
Disability and Disability Rights: