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

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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 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)

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)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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

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Docket

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

Last updated Aug. 29, 2026, 4:59 a.m.

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

ECF Number	Date	Description	Link
1	Sept. 13, 2006	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)	RECAP
	Sept. 14, 2006	Summons Issued as to Matanuska-Susitna Borough School District. (SMF, COURT STAFF)
3	Oct. 16, 2006	Defendant's ANSWER to Complaint by Matanuska-Susitna Borough School District.(Hennemann, Theresa) (Entered: 10/16/2006)	RECAP
4	Oct. 19, 2006	NOTICE of Substitution of Counsel by Matthew K. Teaford on behalf of Matanuska-Susitna Borough School District (Teaford, Matthew) (Entered: 10/19/2006)	RECAP
5	Oct. 23, 2006	INITIAL CASE STATUS REPORT / CASE SCHEDULING & PLANNING ORDER 16(b) Status Report due by 11/20/2006. (EKS, COURT STAFF) (Entered: 10/23/2006)	RECAP
6	Nov. 20, 2006	REPORT of Rule 26(f) Planning Meeting. (Johanknecht, Holly) (Entered: 11/20/2006)	RECAP
7	Nov. 30, 2006	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)	RECAP
	Nov. 30, 2006	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)
8	Dec. 20, 2006	Witness List by Matanuska-Susitna Borough School District. (Teaford, Matthew) (Entered: 12/20/2006)	RECAP
9	Jan. 8, 2007	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)	RECAP
10	Jan. 12, 2007	Witness List by Matanuska-Susitna Borough School District. (Teaford, Matthew) (Entered: 01/12/2007)	RECAP
11	Jan. 16, 2007	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)	RECAP
12	Feb. 14, 2007	MOTION for Summary Judgment by Disability Law Center of Alaska. (Attachments: # 1 Proposed Order)(Johanknecht, Holly) (Entered: 02/14/2007)	RECAP
13	Feb. 14, 2007	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)	RECAP
14	Feb. 14, 2007	AFFIDAVIT re 13 Memorandum Affidavit of Ronald Cowan by Disability Law Center of Alaska. (Attachments: # 1 Exhibit A)(Johanknecht, Holly) (Entered: 02/14/2007)	RECAP
15	March 1, 2007	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)	RECAP
16	March 1, 2007	Cross MOTION for Summary Judgment Memorandum in Support by Matanuska-Susitna Borough School District.(Teaford, Matthew) (Entered: 03/01/2007)	RECAP
	March 2, 2007	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	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)
17	March 5, 2007	AFFIDAVIT re 15 Cross MOTION for Summary Judgment Affidavit of David Nufer by Matanuska-Susitna Borough School District. (Teaford, Matthew) (Entered: 03/05/2007)	RECAP
18	March 5, 2007	AFFIDAVIT re 15 Cross MOTION for Summary Judgment Affidavit of Katie Gardner by Matanuska-Susitna Borough School District. (Teaford, Matthew) (Entered: 03/05/2007)	RECAP
19	March 5, 2007	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)	RECAP
20	March 16, 2007	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)	RECAP
21	March 16, 2007	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)	RECAP
22	March 19, 2007	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)	RECAP
23	March 23, 2007	RESPONSE in Opposition re 15 Cross MOTION for Summary Judgment filed by Disability Law Center of Alaska. (Johanknecht, Holly) (Entered: 03/23/2007)	RECAP
24	March 23, 2007	AFFIDAVIT re 23 Response in Opposition to Motion by Disability Law Center of Alaska. (Attachments: # 1 Exhibit A)(Johanknecht, Holly) (Entered: 03/23/2007)	RECAP
25	March 30, 2007	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)	RECAP
26	March 30, 2007	AFFIDAVIT re 25 Reply to Response to Motion Affidavit of David Nufer by Matanuska-Susitna Borough School District. (Teaford, Matthew) (Entered: 03/30/2007)	RECAP
27	March 30, 2007	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)	RECAP
28	June 4, 2007	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)	RECAP
29	June 13, 2007	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)	RECAP
30	June 20, 2007	NOTICE of Appearance by David M. Freeman on behalf of Matanuska-Susitna Borough School District (Freeman, David) (Entered: 06/20/2007)	RECAP
31	June 27, 2007	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)	RECAP
32	June 28, 2007	NOTICE of Appearance by David M. Freeman on behalf of Matanuska-Susitna Borough School District (Freeman, David) (Entered: 06/28/2007)	RECAP
33	July 2, 2007	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)	RECAP
34	July 2, 2007	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)	RECAP
35	July 3, 2007	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)	RECAP
36	July 5, 2007	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)	RECAP
37	Aug. 14, 2007	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)	RECAP
38	Aug. 15, 2007	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)	RECAP

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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

School District

Matanuska-Susitna 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.

Other Dockets:

District of Alaska 3:06-cv-00216

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Document/information produced

Source of Relief:

Litigation

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing

Recommended Citation

Case Summary of Disability Law Center v. Matanuska-Susitna School District, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/18297/ (last updated 7/7/2023).