Case: Disability Law Center v. Matanuska-Susitna School District

3:06-cv-00216 | U.S. District Court for the District of Alaska

Filed Date: Sept. 14, 2006

Closed Date: Aug. 15, 2007

Clearinghouse coding complete

Case Summary

This is a case about a protection and advocacy (P&A) agency’s records access authority.  On September 13, 2006, Disability Law Center (DLC), Alaska’s P&A, filed this lawsuit in the U.S. District Court for the District of Alaska against the Matanuska-Susitna Borough School District (the District) under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act). Represented by itself, DLC alleged that the District violated the DD Act when they refused to provide DLC with a teacher’…

This is a case about a protection and advocacy (P&A) agency’s records access authority.  On September 13, 2006, Disability Law Center (DLC), Alaska’s P&A, filed this lawsuit in the U.S. District Court for the District of Alaska against the Matanuska-Susitna Borough School District (the District) under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act). Represented by itself, DLC alleged that the District violated the DD Act when they refused to provide DLC with a teacher’s personnel file and records concerning post-investigation measures undertaken by the District against this teacher. Judge Timothy Mark Burgess presided over this matter.

This lawsuit began after DLC received a complaint that a District-employed special education teacher abused students with disabilities. DLC began an investigation under its DD Act authority, through which they sought the teacher’s personnel file. DLC also sought records of any remedial measures the District took following its own investigation into the teacher’s conduct. The District refused to provide the personnel file, and said they did not have any physical records of post-investigation measures taken against the teacher.  DLC and the district resolved the personnel file with an agreement allowing DLC to review that file.  The only issue remaining was about post-investigation records.  On August 14, 2007, the court ruled that while the District must provide records of any post-investigation records taken against the teacher, they were not required to create a new document detailing these measures under the DD Act. The case closed following this decision, on August 15, 2007.

Summary Authors

NDRN (7/7/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12283143/parties/disability-law-center-of-alaska-v-matanuska-susitna-borough-school/


Judge(s)

Burgess, Timothy Mark (Alaska)

Attorney for Plaintiff

Johanknecht, Holly J. (Alaska)

Attorney for Defendant

Freeman, David M. (Alaska)

Hennemann, Theresa M. (Alaska)

Teaford, Matthew K. (Alaska)

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Documents in the Clearinghouse

Document
1

3:06-cv-00216

Complaint

Disability Law Center v. Matanuska-Susitna Borough School District

Sept. 12, 2006

Sept. 12, 2006

Complaint
13

3:06-cv-00216

Memorandum in Support of Plaintiff’s Motion for Summary Judgment

Disability Law Center of Alaska v. Matanuska-Susitna Borough School District

Feb. 14, 2007

Feb. 14, 2007

Pleading / Motion / Brief
16

3:06-cv-00216

Defendant's Memorandum in Support of Cross-Motion for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment

Disability Law Center v. Matanuska-Susitna Borough School District

March 1, 2007

March 1, 2007

Pleading / Motion / Brief
37

3:06-cv-00216

Order from Chambers

Disability Law Center of Alaska v. Matanuska-Susitna Borough School District

Aug. 14, 2007

Aug. 14, 2007

Order/Opinion
38

3:06-cv-00216

Judgment in a Civil Case

Disability Law Center of Alaska v. Matanuska-Susitna Borough School District

Aug. 15, 2007

Aug. 15, 2007

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12283143/disability-law-center-of-alaska-v-matanuska-susitna-borough-school/

Last updated Feb. 23, 2024, 4:55 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Matanuska-Susitna Borough School District (Filing fee $ 350/receipt # 00128901.), filed by Disability Law Center of Alaska.(SMF, COURT STAFF) (Entered: 09/14/2006)

Sept. 13, 2006

Sept. 13, 2006

Clearinghouse

Summons Issued as to Matanuska-Susitna Borough School District. (SMF, COURT STAFF)

Sept. 14, 2006

Sept. 14, 2006

PACER
3

Defendant's ANSWER to Complaint by Matanuska-Susitna Borough School District.(Hennemann, Theresa) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

PACER
4

NOTICE of Substitution of Counsel by Matthew K. Teaford on behalf of Matanuska-Susitna Borough School District (Teaford, Matthew) (Entered: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

PACER
5

INITIAL CASE STATUS REPORT / CASE SCHEDULING & PLANNING ORDER 16(b) Status Report due by 11/20/2006. (EKS, COURT STAFF) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

PACER
6

REPORT of Rule 26(f) Planning Meeting. (Johanknecht, Holly) (Entered: 11/20/2006)

Nov. 20, 2006

Nov. 20, 2006

PACER
7

SCHEDULING ORDER: Discovery deadline 2/20/2007. Motions deadline 3/23/2007. Signed by Judge Timothy M. Burgess on 11/30/06. (SRL, COURT STAFF) Modified on 11/30/2006 to add pdf of Scheduling Order (NKD, COURT STAFF). (Entered: 11/30/2006)

Nov. 30, 2006

Nov. 30, 2006

PACER

Docket Annotation re 7 Scheduling Order; the parties are advised that the pdf of the Scheduling Order was inadvertently not attached to the docket entry at docket 7 The pdf has been attached and is available for review. (NKD, COURT STAFF)

Nov. 30, 2006

Nov. 30, 2006

PACER
8

Witness List by Matanuska-Susitna Borough School District. (Teaford, Matthew) (Entered: 12/20/2006)

Dec. 20, 2006

Dec. 20, 2006

PACER
9

Duplicate Entry Witness List by Matanuska-Susitna Borough School District. (Teaford, Matthew) Modified on 1/11/2007 to reflect error in filing duplicate. (EKS, COURT STAFF). (Entered: 01/08/2007)

Jan. 8, 2007

Jan. 8, 2007

PACER
10

Witness List by Matanuska-Susitna Borough School District. (Teaford, Matthew) (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

PACER
11

NOTICE of Duplicate Filing by Matthew K. Teaford on behalf of Matanuska-Susitna Borough School District re 10 Witness List (Teaford, Matthew) Modified on 1/17/2007 to Create relationship to document #9 and Remove relationship to document #10 (EKS, COURT STAFF). (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

PACER
12

MOTION for Summary Judgment by Disability Law Center of Alaska. (Attachments: # 1 Proposed Order)(Johanknecht, Holly) (Entered: 02/14/2007)

Feb. 14, 2007

Feb. 14, 2007

PACER
13

MEMORANDUM in Support of Motion for Summary Judgment by Disability Law Center of Alaska 12 MOTION for Summary Judgment filed by Disability Law Center of Alaska,. (Johanknecht, Holly) (Entered: 02/14/2007)

Feb. 14, 2007

Feb. 14, 2007

Clearinghouse
14

AFFIDAVIT re 13 Memorandum Affidavit of Ronald Cowan by Disability Law Center of Alaska. (Attachments: # 1 Exhibit A)(Johanknecht, Holly) (Entered: 02/14/2007)

Feb. 14, 2007

Feb. 14, 2007

PACER
15

Cross MOTION for Summary Judgment by Matanuska-Susitna Borough School District. (Attachments: # 1 Exhibit Affidavit of David Nufer# 2 Exhibit Affidavit of Katie Gardner# 3 Exhibit Personnel records language# 4 Exhibit Case cites# 5 Proposed Order proposed order on cross-motion for summary judgment)(Teaford, Matthew) (Entered: 03/01/2007)

March 1, 2007

March 1, 2007

PACER
16

Cross MOTION for Summary Judgment Memorandum in Support by Matanuska-Susitna Borough School District.(Teaford, Matthew) (Entered: 03/01/2007)

March 1, 2007

March 1, 2007

Clearinghouse

Docket Annotation Error re 15 Cross MOTION for Summary Judgment. Attachments (affidavits) should have been filed as separate documents. Correction: Counsel to refile the Affidavits in support of the motion at dkt 15 using the event Affidavit and link to the Motion. (EKS, COURT STAFF)

March 2, 2007

March 2, 2007

PACER

Docket Annotation Error re Docket 16 Cross Motion for Summary Judgment, Memorandum in Support. Wrong document selected. Correction: Counsel to refile using the event Memorandum and link to the Cross Motion for Summary Judgment at docket 15. Motion at docket 16 has been terminated. (EKS, COURT STAFF)

March 2, 2007

March 2, 2007

PACER
17

AFFIDAVIT re 15 Cross MOTION for Summary Judgment Affidavit of David Nufer by Matanuska-Susitna Borough School District. (Teaford, Matthew) (Entered: 03/05/2007)

March 5, 2007

March 5, 2007

PACER
18

AFFIDAVIT re 15 Cross MOTION for Summary Judgment Affidavit of Katie Gardner by Matanuska-Susitna Borough School District. (Teaford, Matthew) (Entered: 03/05/2007)

March 5, 2007

March 5, 2007

PACER
19

MEMORANDUM in Support of Cross-Motion for Summary Judgment by Matanuska-Susitna Borough School District 15 Cross MOTION for Summary Judgment filed by Matanuska-Susitna Borough School District,. (Teaford, Matthew) (Entered: 03/05/2007)

March 5, 2007

March 5, 2007

PACER
20

MOTION for Extension of Time to File Response/Reply as to 15 Cross MOTION for Summary Judgment Unopposed by Disability Law Center of Alaska. (Attachments: # 1 Proposed Order)(Johanknecht, Holly) (Entered: 03/16/2007)

March 16, 2007

March 16, 2007

PACER
21

AFFIDAVIT re 20 MOTION for Extension of Time to File Response/Reply as to 15 Cross MOTION for Summary Judgment Unopposed by Disability Law Center of Alaska. (Attachments: # 1 Exhibit A)(Johanknecht, Holly) Modified on 3/19/2007 to create relationship to document #15 (LSC, COURT STAFF). (Entered: 03/16/2007)

March 16, 2007

March 16, 2007

PACER
22

TMB ORDER GRANTING 20 Unopposed Motion for Extension of Time to File Response re 15 Cross MOTION for Summary Judgment. Response due 3/23/2007 (SRL, COURT STAFF) (Entered: 03/19/2007)

March 19, 2007

March 19, 2007

PACER
23

RESPONSE in Opposition re 15 Cross MOTION for Summary Judgment filed by Disability Law Center of Alaska. (Johanknecht, Holly) (Entered: 03/23/2007)

March 23, 2007

March 23, 2007

PACER
24

AFFIDAVIT re 23 Response in Opposition to Motion by Disability Law Center of Alaska. (Attachments: # 1 Exhibit A)(Johanknecht, Holly) (Entered: 03/23/2007)

March 23, 2007

March 23, 2007

PACER
25

REPLY to Response to Motion re 15 Cross MOTION for Summary Judgment filed by Matanuska-Susitna Borough School District. (Teaford, Matthew) (Entered: 03/30/2007)

March 30, 2007

March 30, 2007

PACER
26

AFFIDAVIT re 25 Reply to Response to Motion Affidavit of David Nufer by Matanuska-Susitna Borough School District. (Teaford, Matthew) (Entered: 03/30/2007)

March 30, 2007

March 30, 2007

PACER
27

MOTION for Hearing re 25 Reply to Response to Motion Request for Oral Argument by Matanuska-Susitna Borough School District. (Attachments: # 1 Proposed Order Granting Defendant's Request for Oral Argument)(Teaford, Matthew) Modified on 4/2/2007 to create relationship to document #15 (EKS, COURT STAFF). (Entered: 03/30/2007)

March 30, 2007

March 30, 2007

PACER
28

TMB ORDER GRANTING 27 Motion for Hearing. Defendant's Motion for a hearing at Docket 27 is hereby GRANTED. Oral Argument is scheduled for 06/13/07 at 2:00 p.m. in Courtroom 1 Before Judge Timothy M. Burgess. (SRL, COURT STAFF) Modified on 6/5/2007 to create relationship to documents #12 and #15 (PRR, COURT STAFF). (Entered: 06/04/2007)

June 4, 2007

June 4, 2007

PACER
29

Minute Entry for proceedings held before Judge Timothy M. Burgess : Oral Argument on Cross-Motions for Summary Judgment (Dkts 12 and 15) held on 6/13/2007. Plaintiff to file a status report by 6/27/07; if parties are unable to reach a resolution court to issue a written ruling. (Court Recorder AMK.)Plaintiff Counsel-Holly Johanknecht; Defense Counsel-David Freeman; (AMK, COURT STAFF) (Entered: 06/13/2007)

June 13, 2007

June 13, 2007

PACER
30

NOTICE of Appearance by David M. Freeman on behalf of Matanuska-Susitna Borough School District (Freeman, David) (Entered: 06/20/2007)

June 20, 2007

June 20, 2007

PACER
31

STATUS REPORT by Disability Law Center of Alaska. (Johanknecht, Holly) Modified on 6/27/2007 to create relationship to documents #12 and #15 (PRR, COURT STAFF). (Entered: 06/27/2007)

June 27, 2007

June 27, 2007

PACER
32

NOTICE of Appearance by David M. Freeman on behalf of Matanuska-Susitna Borough School District (Freeman, David) (Entered: 06/28/2007)

June 28, 2007

June 28, 2007

PACER
33

STATUS REPORT Defendant's Reply to Plaintiff's Status Report by Matanuska-Susitna Borough School District. (Attachments: # 1 Affidavit Katie Gardner Affidavit)(Freeman, David) Modified on 7/10/2007 to create relationship to document #31 (PRR, COURT STAFF). (Entered: 07/02/2007)

July 2, 2007

July 2, 2007

PACER
34

ERRATA by Matanuska-Susitna Borough School District 33 Status Report filed by Matanuska-Susitna Borough School District. (Attachments: # 1 Affidavit Affidavit of Katie Gardner)(Freeman, David) Modified on 7/10/2007 to create relationship to document #31 (PRR, COURT STAFF). (Entered: 07/02/2007)

July 2, 2007

July 2, 2007

PACER
35

MOTION for Hearing Status Conference by Disability Law Center of Alaska.(Johanknecht, Holly) Modified on 7/10/2007 to create relationship to document #31 (PRR, COURT STAFF). (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

PACER
36

ERRATA Second Errata by Matanuska-Susitna Borough School District 33 Status Report filed by Matanuska-Susitna Borough School District. (Attachments: # 1 Affidavit Affidavit of Katie Gardner)(Freeman, David) Modified on 7/10/2007 to create relationship to document #31 (PRR, COURT STAFF). (Entered: 07/05/2007)

July 5, 2007

July 5, 2007

PACER
37

ORDER denying 35 Motion for Hearing; granting in part and denying in part 12 Motion for Summary Judgment; granting in part and denying in part 15 Motion for Summary Judgment. (PRR, COURT STAFF) (Entered: 08/14/2007)

Aug. 14, 2007

Aug. 14, 2007

Clearinghouse
38

JUDGMENT that plf's mot for SJ w/respect to remedial measures is granted in part and denied in part and def's mot for SJ w/respect to remedial measures is granted in part and denied in part. Signed by Judge Timothy M. Burgess on 8/15/07. (PRR, COURT STAFF) (Entered: 08/15/2007)

Aug. 15, 2007

Aug. 15, 2007

RECAP

Case Details

State / Territory: Alaska

Case Type(s):

Disability Rights

Key Dates

Filing Date: Sept. 14, 2006

Closing Date: Aug. 15, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

protection and advocacy organization

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

Matanuska-Susitna School District, School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Document/information produced

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing