Case: Alabama Disability Advocacy Program v. Wood

2:07-cv-00434 | U.S. District Court for the Middle District of Alabama

Filed Date: May 16, 2007

Closed Date: Sept. 10, 2008

Clearinghouse coding complete

Case Summary

This is a case about the scope of a Protection and Advocacy (P&A) agency’s records, facilities, and residents access authority under its enabling statutes. On May 16, 2007, Alabama Disabilities Advocacy Project (ADAP), Alabama’s P&A, filed this lawsuit in the U.S. District Court for the Middle District of Alabama. ADAP filed this lawsuit against J. Walter Wood, Jr., Executive Director of Alabama Department of Youth Services (DYS), in his official capacity under the Developmental Disabilities As…

This is a case about the scope of a Protection and Advocacy (P&A) agency’s records, facilities, and residents access authority under its enabling statutes. On May 16, 2007, Alabama Disabilities Advocacy Project (ADAP), Alabama’s P&A, filed this lawsuit in the U.S. District Court for the Middle District of Alabama. ADAP filed this lawsuit against J. Walter Wood, Jr., Executive Director of Alabama Department of Youth Services (DYS), in his official capacity under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), the Protection and Advocacy of Individual Rights Act (PAIR Act), and the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI). Represented by itself, ADAP sought injunctive relief that required DYS provide them with access to DYS operated facilities, their residents for private conversations and general communications, as well as investigative findings and incident reports under its DD, PAIR, and PAIMI Act authorities. ADAP also sought declaratory relief and attorneys' fees and costs. Judge Myron H. Thompson presided over this matter.

ADAP began its investigation after determining residents and multiple DYS operated facilities suffered abuse and neglect. DYS denied their request for relevant incident reports and investigative findings without any explanation and restricted their ability to monitor DYS facilities, communicate privately with residents, and provide residents general trainings on their rights and ADAP’s functions. ADAP noted that the lawsuit was similar to one filed two year prior and later dismissed, in which ADAP sought injunctive and declaratory relief against DYS for failure to provide access to records (2:05-cv-01030). 

On December 17, 2007, ADAP filed a Motion for Summary Judgment for injunctive and declaratory relief. Discovery and other preparations for trial continued while settlement discussions were initiated. On April 30, 2008, the court dismissed the lawsuit with prejudice because the parties confirmed they had settled the matter. On September 10, 2008, the court entered the settlement agreement into the record. The settlement agreement covered ADAP’s ability to monitor DYS operated facilities, communicate with residents, and access records. The settlement agreement also provided ADAP with $20,500 in attorney’s fees. The settlement stipulated that the U.S. District Court for the Middle District of Alabama would retain jurisdiction over the matter should either party not comply with the agreement. The case remains closed.

Summary Authors

NDRN (3/17/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5441239/parties/alabama-disabilities-advocacy-program-v-wood/


Attorney for Plaintiff

Anderson, Nancy Ellen (Alabama)

Hackney, James Patrick (Alabama)

Tucker, James Arnold (Alabama)

Attorney for Defendant

Howard, Sancha O (Alabama)

Perry, Thornton Dudley (Alabama)

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Documents in the Clearinghouse

Document
1

2:07-cv-00434

Complaint for Injunctive and Declaratory Relief

Alabama Disabilities Advocacy Program v. Wood

May 16, 2007

May 16, 2007

Complaint
39

2:07-cv-00434

Memorandum in Support of Plaintiff's Motion for Summary Judgment

Alabama Disabilities Advocacy Program v. Wood

Dec. 17, 2007

Dec. 17, 2007

Pleading / Motion / Brief
45

2:07-cv-00434

Amended Complaint for Injunctive and Declaratory Relief

Alabama Disabilities Advocacy Program v. Wood

Jan. 14, 2008

Jan. 14, 2008

Complaint
66

2:07-cv-00434

Judgment

Alabama Disabilities Advocacy Program v. Wood

April 30, 2008

April 30, 2008

Order/Opinion
80

2:07-cv-00434

Opinion

Sept. 10, 2008

Sept. 10, 2008

Order/Opinion
81

2:07-cv-00434

Judgment and Injunction

Sept. 10, 2008

Sept. 10, 2008

Order/Opinion
82

2:07-cv-00434

Order

Sept. 10, 2008

Sept. 10, 2008

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5441239/alabama-disabilities-advocacy-program-v-wood/

Last updated April 6, 2024, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against J. Walter Wood, Jr (Filing fee $ 350.00 receipt number 183.), filed by Alabama Disabilities Advocacy Program. (Attachments: # 1 Index of Exhibits# 2 Exhibit A1# 3 Exhibit A2# 4 Exhibit A3# 5 Exhibit B1# 6 Exhibit B2# 7 Exhibit B3# 8 Exhibit B4# 9 Exhibit B5# 10 Exhibit B6# 11 Exhibit C# 12 Exhibit D# 13 Exhibit E# 14 Exhibit F# 15 Exhibit G# 16 Exhibit H# 17 Exhibit I# 18 Exhibit J# 19 Exhibit K1# 20 Exhibit K2# 21 Exhibit L# 22 Exhibit M# 23 Exhibit N# 24 Exhibit O)(cc, ) Additional attachment(s) added on 11/2/2007 to substitute Exhibit B2 pursuant to 20 Order (wcl, ). (Entered: 05/18/2007)

1 Index of Exhibits

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2 Exhibit A1

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3 Exhibit A2

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4 Exhibit A3

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5 Exhibit B1

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7 Exhibit B3

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8 Exhibit B4

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9 Exhibit B5

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10 Exhibit B6

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11 Exhibit C

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12 Exhibit D

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13 Exhibit E

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14 Exhibit F

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15 Exhibit G

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16 Exhibit H

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17 Exhibit I

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18 Exhibit J

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19 Exhibit K1

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20 Exhibit K2

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21 Exhibit L

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22 Exhibit M

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23 Exhibit N

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24 Exhibit O

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25 Exhibit B2 substituted per [20] Order

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May 16, 2007

May 16, 2007

Clearinghouse
2

Summons Issued; summons and complaint mailed by CMRRR to J. Walter Wood, Jr. (cc, ) (Entered: 05/18/2007)

May 18, 2007

May 18, 2007

PACER
3

Case reassigned to Judge Myron H. Thompson. Judge Mark E. Fuller no longer assigned to the case. (cc, ) (Entered: 05/24/2007)

May 24, 2007

May 24, 2007

PACER
4

Return Receipt Card showing service of Summons and complaint signed by Karen Gates for J. Walter Wood, Jr served on 5/29/2007, answer due 6/18/2007. (wcl, ) (Entered: 05/30/2007)

May 30, 2007

May 30, 2007

PACER
5

ORDER setting an on-the-record Status Conference for 6/13/2007 10:00 AM in chambers 200FMJ, FMJFCC, Montgomery, Al. before Honorable Myron H. Thompson; further ORDERING that the Hon. Thornton Dudley Perry, Jr., who served as consel for the def in the previous case (MD AL CA# 2:05cv1030-MHT), shall be present; directing the Clerk to notify Mr. Perry of this order by electronic notice, by fax, and by telephone, using his contact information from the docket in CA# 2:05cv1030-MHT. Signed by Judge Myron H. Thompson on 6/6/07. Sent to Mr. Perry via the means specified in order.(djy, ) (Entered: 06/06/2007)

June 6, 2007

June 6, 2007

PACER
6

Minute Entry for Status Conference held before Judge Myron H. Thompson on 6/13/2007 (PDF available for court use only). (Court Reporter Mitchell Reisner.) (ag, ) (Entered: 06/13/2007)

June 13, 2007

June 13, 2007

PACER
7

ORDER that defendant is allowed until 9/10/2007 to file a response to the complaint. Signed by Judge Myron H. Thompson on 6/14/2007. (dmn) (Entered: 06/14/2007)

June 14, 2007

June 14, 2007

PACER

Reset Answer Deadline for J. Walter Wood, Jr. to 9/10/2007. (dmn) (see Doc. 7 for pdf)

June 14, 2007

June 14, 2007

PACER
8

MOTION for Extension of Time to File Response/Reply by J. Walter Wood, Jr. (Perry, Thornton) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

PACER
9

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to all parties; Corporate Disclosures due by 9/25/2007. (Attachments: # 1 Corporate/Conflict Attachment)(wcl, ) (Entered: 09/11/2007)

Sept. 11, 2007

Sept. 11, 2007

PACER
10

Corporate/Conflict Disclosure Statement by J. Walter Wood, Jr. (Perry, Thornton) (Entered: 09/11/2007)

Sept. 11, 2007

Sept. 11, 2007

PACER
11

ORDER granting 8 Motion for Extension; Dft is allowed until 9/18/2007, to file a response to the complaint. Signed by Judge Myron H. Thompson on 9/14/2007. (wcl, ) (Entered: 09/14/2007)

Sept. 14, 2007

Sept. 14, 2007

PACER
12

Corporate/Conflict Disclosure Statement by Alabama Disabilities Advocacy Program re 9 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Anderson, Nancy) (Entered: 09/14/2007)

Sept. 14, 2007

Sept. 14, 2007

PACER
13

ANSWER to Complaint by J. Walter Wood, Jr. (Attachments: # 1 Exhibit # 2 Exhibit)(Perry, Thornton) (Entered: 09/18/2007)

Sept. 18, 2007

Sept. 18, 2007

PACER
14

ORDER directing that this cause is set for an on-the-record Status Conference on 10/10/2007, at 09:00 AM, to discuss setting this case for trial as soon as possible, before Honorable Myron H. Thompson; Counsel for plf are to arrange for the conference to be conducted by telephone. Signed by Judge Myron H. Thompson on 9/19/2007. (furn: yg, hc, ag)(wcl, ) (Entered: 09/19/2007)

Sept. 19, 2007

Sept. 19, 2007

PACER
15

Minute Entry for Status Conference held before Judge Myron H. Thompson on 10/10/2007 (PDF available for court use only). (Court Reporter Mitchell Reisner.) (ag, ) (Entered: 10/10/2007)

Oct. 10, 2007

Oct. 10, 2007

PACER
16

ORDER directing as follows: (1) This lawsuit is set for final Submission, without oral argument, on 12/7/2007; (2) By 10/19/2007, the parties are to file a joint report indicating what issue or issues, if any, remain in this case. If no issues remain unresolved, this case will be considered settled. If there are unresolved issues, the parties are to comply with the remainder of this order, as further set out in order. Signed by Judge Myron H. Thompson on 10/10/2007. (wcl, ) (Entered: 10/10/2007)

Oct. 10, 2007

Oct. 10, 2007

PACER
17

Response to Order Joint Report of the Parties by Alabama Disabilities Advocacy Program. (Tucker, James) (Entered: 10/19/2007)

Oct. 19, 2007

Oct. 19, 2007

PACER
18

First MOTION to Amend/Correct 17 Response to Order Plaintiff's Motion to Amend The Joint Report of the Parties by Alabama Disabilities Advocacy Program. (Attachments: # 1 Exhibit Email Correspondence# 2 Affidavit Andrea Mixson# 3 Affidavit Christy Johnson)(Tucker, James) (Entered: 10/31/2007)

Oct. 31, 2007

Oct. 31, 2007

PACER
19

MOTION to Substitute re 1 Complaint,, by Alabama Disabilities Advocacy Program. (Attachments: # 1 Correctly Redacted Plaintiff's Exhibit B2)(Anderson, Nancy) (Entered: 11/01/2007)

Nov. 1, 2007

Nov. 1, 2007

PACER
20

ORDER granting 19 Motion to Substitute. Signed by Judge Myron H. Thompson on 11/2/2007. (wcl, ) (Entered: 11/02/2007)

Nov. 2, 2007

Nov. 2, 2007

PACER
21

ORDER directing that plf's 18 MOTION to Amend The Joint Report of the Parties is set for on-the-record Oral Argument on 11/7/2007, at 10:00 AM in by telephone before Honorable Myron H. Thompson; Counsel for plf is to arrange for the argument to be conducted by telephone; further ORDERED that dft is to file a response to the motion by 11/6/2007. Signed by Judge Myron H. Thompson on 11/2/2007. (furn: yg, hc, ag, sc)(wcl, ) (Entered: 11/02/2007)

Nov. 2, 2007

Nov. 2, 2007

PACER
22

Joint MOTION for Extension of Time to File Joint Submission of the Record by Thornton Dudley Perry, Jr, J. Walter Wood, Jr. (Perry, Thornton) (Entered: 11/02/2007)

Nov. 2, 2007

Nov. 2, 2007

PACER
23

ORDER granting 22 Motion for Extension. Signed by Judge Myron H. Thompson on 11/5/2007. (wcl, ) (Entered: 11/05/2007)

Nov. 5, 2007

Nov. 5, 2007

PACER
24

Response to Order Defendant's Proposed Submissions to the Record by Thornton Dudley Perry, Jr, J. Walter Wood, Jr. (Attachments: # 1 Affidavit Document 146 ghrough 158)(Perry, Thornton) (Entered: 11/06/2007)

Nov. 6, 2007

Nov. 6, 2007

PACER
25

Evidentiary Submission re 16 Order,, Set Deadlines, Plaintiff's Submission of Proposed Record filed by Alabama Disabilities Advocacy Program. (Attachments: # 1 Attachment 1# 2 Attachment 2# 3 Attachment 3# 4 Attachment 4# 5 Attachment 5# 6 Attachment 6# 7 Attachment 7# 8 Attachment 8# 9 Attachment 9)(Tucker, James) (Entered: 11/06/2007)

Nov. 6, 2007

Nov. 6, 2007

PACER
26

RESPONSE to Motion re 18 First MOTION to Amend/Correct 17 Response to Order Plaintiff's Motion to Amend The Joint Report of the PartiesFirst MOTION to Amend/Correct 17 Response to Order Plaintiff's Motion to Amend The Joint Report of the Parties filed by J. Walter Wood, Jr. (Attachments: # 1 Substituted Exhibit 1)(Perry, Thornton) Additional attachment(s) added on 11/8/2007 to substitue Exhibit 1 pursuant to 29 Order (wcl, ). (Entered: 11/06/2007)

Nov. 6, 2007

Nov. 6, 2007

PACER
27

MOTION to Substitute Exhibit 1 of Document 26 by J. Walter Wood, Jr. (Attachments: # 1)(Perry, Thornton) (Entered: 11/07/2007)

Nov. 7, 2007

Nov. 7, 2007

PACER
28

Minute Entry for Oral Argument re 18 Motion to Amend the Joint Report of the Parties held before Judge Myron H. Thompson on 11/7/2007 (PDF available for court use only). (Court Reporter Mitchell Reisner.) (ag, ) (Entered: 11/07/2007)

Nov. 7, 2007

Nov. 7, 2007

PACER
29

ORDER granting 27 Motion to Substitute Document. Signed by Judge Myron H. Thompson on 11/8/2007. (wcl, ) (Entered: 11/08/2007)

Nov. 8, 2007

Nov. 8, 2007

PACER
30

ORDERED that the 18 MOTION to Amend Joint Report of the Parties is granted as follows: (1) By 11/21/2007, the parties are to file a supplemental joint reportas further set out in order; (2) Another on-the-record Status Conference is set for 11/27/2007, at 01:00 PM before Honorable Myron H. Thompson. Counsel for plf is to arrange for the conference to be conducted by telephone; (3) The remaining deadlines in the final-submission order (Doc. No. 16 ) are suspended. Signed by Judge Myron H. Thompson on 11/8/2007. (furn: yg, hc, ag, sc)(wcl, ) (Entered: 11/08/2007)

Nov. 8, 2007

Nov. 8, 2007

PACER
31

Response to Order re 30 Order,,, Terminate Motions,,, Set Hearings,,, Terminate Deadlines,, Supplemental Joint Report of the Parties by Alabama Disabilities Advocacy Program. (Tucker, James) (Entered: 11/21/2007)

Nov. 21, 2007

Nov. 21, 2007

PACER
32

ORDER directing that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable, as further set out in order; Rule 26 Meeting Report due by 12/7/2007. Signed by Judge Myron H. Thompson on 11/27/2007. (wcl, ) (Entered: 11/27/2007)

Nov. 27, 2007

Nov. 27, 2007

PACER
33

ORDER directing that the Final Pretrial Conference is set for 3/14/2008, at 09:00 AM before Honorable Myron H. Thompson and the Non-Jury Trial is set for 4/16/2008, at 10:00 AM before Honorable Myron H. Thompson. Signed by Judge Myron H. Thompson on 11/27/2007. (furn: yg, hc, ag, sc)(wcl, ) (Entered: 11/27/2007)

Nov. 27, 2007

Nov. 27, 2007

PACER
34

ORDER setting Final Pretrial Conference for 3/14/2008, at 09:00 AM in chambers before Honorable Myron H. Thompson; the parties are DIRECTED to prepare JOINTLY a Proposed Pretrial Order due by 3/18/2008; Non-Jury Trial set for 4/16/2008, at 10:00 AM in Montgomery, AL before Honorable Myron H. Thompson. Signed by Judge Myron H. Thompson on 11/27/2007. (furn: yg, hc, ag, sc)(wcl, ) (Entered: 11/27/2007)

Nov. 27, 2007

Nov. 27, 2007

PACER
35

Minute Entry for On-The-Record Status Conference held before Judge Myron H. Thompson on 11/27/2007 (PDF available for court use only). (Court Reporter Mitchell Reisner.) (ag, ) (Entered: 11/27/2007)

Nov. 27, 2007

Nov. 27, 2007

PACER
36

REPORT of Rule 26(f) Planning Meeting. (Tucker, James) (Entered: 12/07/2007)

Dec. 7, 2007

Dec. 7, 2007

PACER
37

SCHEDULING ORDER setting Final Pretrial Conference for 3/14/2008 before Honorable Myron H. Thompson; Non-Jury Trial set for 4/16/2008 before Honorable Myron H. Thompson; setting Amended Pleadings due by plf on or before 1/14/2008, and by dft on or before 1/14/2008; setting Discovery due by 2/14/2008; setting Dispositive Motions due by 12/15/2007; setting Mediation Notice due by 1/10/2008, as further set out in order. Signed by Judge Myron H. Thompson on 12/11/2007. (furn: yg, hc, ag, sc)(wcl, ) (Entered: 12/11/2007)

Dec. 11, 2007

Dec. 11, 2007

PACER
38

MOTION for Summary Judgment Plaintiff's Motion for Summary Judgment by Alabama Disabilities Advocacy Program. (Tucker, James) (Entered: 12/17/2007)

Dec. 17, 2007

Dec. 17, 2007

PACER
39

BRIEF/MEMORANDUM in Support Memorandum in Support of Plaintiff's Motion for Summary Judgment filed by Alabama Disabilities Advocacy Program. (Tucker, James) Modified on 12/18/2007 to add relationship to 38 Motion (wcl, ). (Entered: 12/17/2007)

Dec. 17, 2007

Dec. 17, 2007

Clearinghouse

NOTICE of Docket Text Correction re 39 BRIEF/MEMORANDUM in Support to add relationship to 38 Motion. (NO PDF ATTACHTED) (wcl, )

Dec. 18, 2007

Dec. 18, 2007

PACER
40

ORDER directing that the 38 MOTION for Summary Judgment is set for submission, without oral argument, on 1/11/2008, with any opposing brief and evidentiary materials due by said date; Motion Submission Deadline set for 1/11/2008. Signed by Judge Myron H. Thompson on 12/18/2007. (wcl, ) (Entered: 12/18/2007)

Dec. 18, 2007

Dec. 18, 2007

PACER
41

MOTION for Extension of Time to File Response/Reply by Thornton Dudley Perry, Jr. (Perry, Thornton) (Entered: 01/10/2008)

Jan. 10, 2008

Jan. 10, 2008

PACER
42

Notice of Mediation and Settlement Conference by Alabama Disabilities Advocacy Program (Tucker, James) (Entered: 01/11/2008)

Jan. 11, 2008

Jan. 11, 2008

PACER
43

ORDER granting 41 Motion for Extension. Signed by Judge Myron H. Thompson on 1/11/2008. (wcl, ) (Entered: 01/11/2008)

Jan. 11, 2008

Jan. 11, 2008

PACER
44

MOTION for Leave to File Plaintiff's Motion for Leave to Amend the Complaint by Alabama Disabilities Advocacy Program. (Tucker, James) (Entered: 01/14/2008)

Jan. 14, 2008

Jan. 14, 2008

PACER
45

AMENDED COMPLAINT For Injunctive and Declaratory Relief against all defendants, filed by Alabama Disabilities Advocacy Program. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Tucker, James) (Entered: 01/14/2008)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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Jan. 14, 2008

Jan. 14, 2008

Clearinghouse
46

ORDER granting 44 Motion for Leave to Amend Complaint, as further set out in order. Signed by Judge Myron H. Thompson on 1/15/2008. (wcl, ) (Entered: 01/15/2008)

Jan. 15, 2008

Jan. 15, 2008

PACER
47

BRIEF/MEMORANDUM in Opposition to Plainitff's 38 Motion for Summary Judgment filed by J. Walter Wood, Jr. (Attachments: # 1 Affidavit of T. Dudley Perry, Jr.)(Perry, Thornton) Modified on 1/22/2008 to add relationship to 38 Motion (wcl, ). (Entered: 01/18/2008)

Jan. 18, 2008

Jan. 18, 2008

PACER

NOTICE of Docket Text Correction re 47 BRIEF/MEMORANDUM in Opposition, to add relationship to 38 Motion. (NO PDF ATTACHED) (wcl, )

Jan. 22, 2008

Jan. 22, 2008

PACER
48

Objection to re 44 MOTION for Leave to File Plaintiff's Motion for Leave to Amend the Complaint, 45 Amended Complaint, filed by J. Walter Wood, Jr. (Perry, Thornton) (Entered: 01/25/2008)

Jan. 25, 2008

Jan. 25, 2008

PACER
49

REPLY to Response to Motion re 44 MOTION for Leave to File Plaintiff's Motion for Leave to Amend the Complaint Plaintiff's Response to Defendant's Objection (Doc.#48) to Plaintiff's Motion for Leave to Amend the Complaint filed by Alabama Disabilities Advocacy Program. (Tucker, James) (Entered: 01/29/2008)

Jan. 29, 2008

Jan. 29, 2008

PACER
50

ORDER directing that the 48 Objection to Amendment is overruled. Signed by Judge Myron H. Thompson on 1/30/2008. (wcl, ) (Entered: 01/30/2008)

Jan. 30, 2008

Jan. 30, 2008

PACER
51

NOTICE of Appearance by Sancha Epiphane Teele on behalf of J. Walter Wood, Jr (Teele, Sancha) (Entered: 02/06/2008)

Feb. 6, 2008

Feb. 6, 2008

PACER
52

ORDER directing that this matter be and is hereby set for a Mediation Conference on 4/10/2008 at 02:00 PM in Courtroom 5B before Honorable Susan Russ Walker; further ORDERED that counsel and the parties or a representative with full authority to settle the case shall appear at and attend this conference, as further set out in order; On or before the close of business on 4/7/2008, each party shall provide the undersigned judge with a confidential mediation conference statement, as further set out in order. Signed by Judge Susan Russ Walker on 2/13/2008. (furn: yg, hc, jt) (wcl, ) (Entered: 02/13/2008)

Feb. 13, 2008

Feb. 13, 2008

PACER
53

NOTICE of Appearance by James Patrick Hackney on behalf of Alabama Disabilities Advocacy Program (Hackney, James) Additional attachment(s) added on 3/10/2008 to attach a corrected PDF document to include an electronic signature on the certificate of service page (wcl, ). (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

PACER
54

MOTION for Leave to File Corrected Amended Complaint by Alabama Disabilities Advocacy Program. (Attachments: # 1 Proposed Corrected Amended Complaint)(Anderson, Nancy) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

PACER
55

Joint MOTION for Extension of Deadline March 7, 2008 Witness & Exhibit List re 37 Scheduling Order, by Alabama Disabilities Advocacy Program. (Anderson, Nancy) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

PACER
56

NOTICE of Correction re 53 Notice of Appearance, to attach a corrected PDF document to include an electronic signature on the certificate of service page. (Attachments: # 1 Corrected Main Document to Docket Entry 53 )(wcl, ) (Entered: 03/10/2008)

March 10, 2008

March 10, 2008

PACER
57

Notice of Mediation and Settlement Conference by Alabama Disabilities Advocacy Program (Anderson, Nancy) (Entered: 03/10/2008)

March 10, 2008

March 10, 2008

PACER
58

ORDER directing that the 54 MOTION for Leave to File Corrected Amended Complaint is set for submission, without oral argument, on 3/19/2008, with all briefs due by said date; Motion Submission Deadline set for 3/19/2008. Signed by Judge Myron H. Thompson on 3/12/2008. (wcl, ) (Entered: 03/12/2008)

March 12, 2008

March 12, 2008

PACER
59

ORDER granting 55 Motion for Extension of Time to File Witness and Exhibit Lists. Signed by Judge Myron H. Thompson on 3/12/2008. (wcl, ) (Entered: 03/12/2008)

March 12, 2008

March 12, 2008

PACER

Minute Entry for Pretrial Conference before Judge Myron H. Thompson held on 3/14/2008 (PDF available for court use only). (ag, )

March 14, 2008

March 14, 2008

PACER
60

ORDER granting 54 Motion for Leave to File Corrected Amended Complaint. Signed by Judge Myron H. Thompson on 3/17/2008. (wcl, ) (Entered: 03/17/2008)

March 17, 2008

March 17, 2008

PACER
61

ORDER denying 38 Motion for Summary Judgment. Signed by Judge Myron H. Thompson on 3/17/2008. (wcl, ) (Entered: 03/17/2008)

March 17, 2008

March 17, 2008

PACER
62

PRETRIAL ORDER resetting Non-Jury Trial of this cause, which is to last two days, for 5/8/2008, at 10:00 AM in Courtroom 2FMJ before Honorable Myron H. Thompson; The parties are to file a joint statement of stipulated facts by 4/18/2008; Plf's Trial Brief due by 4/23/2008, and dft's Trial Brief due by 5/2/2008; All deadlines not otherwise affected by this order will remain as set forth in the 37 Uniform Scheduling Order entered by the court on 12/11/2007, as further set out in order. Signed by Judge Myron H. Thompson on 3/17/2008. (furn: yg, hc, ag, sc) (wcl, ) (Entered: 03/17/2008)

March 17, 2008

March 17, 2008

PACER
63

Exhibit List Plaintiff's Witness and Exhibit List by Alabama Disabilities Advocacy Program.. (Attachments: # 1 Attachment One# 2 Attachment Two# 3 Attachment Three# 4 Attachment Four# 5 Attachment Five# 6 Attachment Six)(Tucker, James) (Entered: 03/17/2008)

March 17, 2008

March 17, 2008

PACER
64

AMENDED COMPLAINT Plaintiff's Corrected Amended Complaint against J. Walter Wood, Jr, filed by Alabama Disabilities Advocacy Program. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Anderson, Nancy) (Entered: 03/17/2008)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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March 17, 2008

March 17, 2008

PACER

Witness List by Alabama Disabilities Advocacy Program. (NO PDF ATTACHED-SEE DOCKET ENTRY 63 )(wcl, )

March 17, 2008

March 17, 2008

PACER
65

Defendant's ANSWER to Amended Complaint Corrected Amended Complaint by J. Walter Wood, Jr.(Teele, Sancha) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

PACER

Minute Entry for proceedings held before Judge Honorable Susan Russ Walker: Mediation Conference held on 4/10/2008 (NO PDF attached). (ws, )

April 10, 2008

April 10, 2008

PACER

Minute Entry for proceedings held before Judge Honorable Susan Russ Walker: Mediation Conference held on 4/17/2008 (NO PDF Attached). (ws, )

April 17, 2008

April 17, 2008

PACER
66

JUDGMENT, it is the ORDER, JUDGMENT, and DECREE of the court that this lawsuit is dismissed in its entirety with prejudice, with the parties to bear their own costs, as further set out in order; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Judge Honorable Myron H. Thompson on 4/30/2008. (Attachments: # 1 civil appeals checklist)(wcl, ) (Entered: 04/30/2008)

1 civil appeals checklist

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April 30, 2008

April 30, 2008

Clearinghouse
67

MOTION for Extension of Time to File stipulate dismissal terms by Thornton Dudley Perry, Jr, J. Walter Wood, Jr. (Perry, Thornton) (Entered: 06/13/2008)

June 13, 2008

June 13, 2008

PACER
68

ORDER granting 67 Motion for Extension of Time; The parties are allowed an additional 45 days to comply with the 66 Order entered on 4/30/2008. Signed by Honorable Myron H. Thompson on 6/13/2008. (wcl, ) (Entered: 06/13/2008)

June 13, 2008

June 13, 2008

PACER
69

Joint MOTION for Settlement by Alabama Disabilities Advocacy Program. (Attachments: # 1 Access Agreement)(Tucker, James) (Entered: 07/28/2008)

1 Access Agreement

View on PACER

July 28, 2008

July 28, 2008

PACER
70

ORDER directing that the 69 Joint MOTION for Judicial Approval of Dismissal Terms is set for an on-the-record hearing; Motion Hearing set for 8/5/2008, at 10:00 AM by telephone before Honorable Myron H. Thompson; Counsel for dft is to arrange for the hearing to be conducted by telephone. Signed by Honorable Myron H. Thompson on 7/29/2008. (furn: yg, hc, ag, sc) (wcl, ) (Entered: 07/29/2008)

July 29, 2008

July 29, 2008

PACER
71

MOTION for Extension of Deadline re 69 Joint MOTION for Settlement, 70 Order Setting Hearing on Motion, to set hearing by J. Walter Wood, Jr. (Perry, Thornton) (Entered: 07/31/2008)

July 31, 2008

July 31, 2008

PACER
72

ORDER directing as follows: (1) granting 71 MOTION for Extension; (2) the on-the-record Hearing set for 8/5/08 is reset for 8/12/2008 10:00 AM before Honorable Myron H. Thompson; directing counsel for the defendant to arrange for the hearing to be conducted by telephone. Signed by Honorable Myron H. Thompson on 8/1/08. Furnished to YG, HC & AG.(djy, ) (Entered: 08/01/2008)

Aug. 1, 2008

Aug. 1, 2008

PACER
73

Minute Entry for proceedings held before Judge Honorable Myron H. Thompson: Motion Hearing held on 8/12/2008 re 69 Joint MOTION for Settlement filed by Alabama Disabilities Advocacy Program (PDF available for court use only). (Court Reporter Dee Coker.) (ag, ) (Entered: 08/12/2008)

Aug. 12, 2008

Aug. 12, 2008

PACER
74

ORDER directing as follows: (1) By 8/22/2008, the parties are to file a joint report on the issues raised by the court; (2) Another on-the-record hearing is set for 8/26/2008, at 10:00 a.m. Counsel for dft is to arrange for the hearing to be conducted by telephone; Motion Hearing set for 8/26/2008 at 10:00 AM by telephone before Honorable Myron H. Thompson. Signed by Honorable Myron H. Thompson on 8/12/2008. (furn: yg, hc, ag, sc)(wcl, ) (Entered: 08/12/2008)

Aug. 12, 2008

Aug. 12, 2008

PACER
75

STATUS REPORT Joint Report of the Parties by Thornton Dudley Perry, Jr, Alabama Disabilities Advocacy Program, J. Walter Wood, Jr. (Perry, Thornton) (Entered: 08/22/2008)

Aug. 22, 2008

Aug. 22, 2008

PACER
76

TRANSCRIPT of Telephonic Hearing Proceedings for Joint Motion for Judicial Approval of Dismissal of Terms (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 8/12/2008, before Judge Thompson. Court Reporter/Transcriber Dee Coker, Telephone number 334-263-0261. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 9/12/2008. Redacted Transcript Deadline set for 9/22/2008. Release of Transcript Restriction set for 11/20/2008. (wcl, ) (Entered: 08/22/2008)

Aug. 22, 2008

Aug. 22, 2008

PACER
77

Minute Entry for proceedings held before Judge Honorable Myron H. Thompson: Status Conference held on 8/26/2008 (PDF available for court use only). (Court Reporter Mitchell Reisner.) (ag, ) (Entered: 08/26/2008)

Aug. 26, 2008

Aug. 26, 2008

PACER
78

ORDER directing as follows: (1) The parties are allowed until 9/5/2008, to file another joint motion for approval of settlement, with the proposed settlement attached; (2) The pending 69 Joint Motion for Approval of Dismissal Terms is denied without prejudice; (3) The court retains jurisdiction of this case pending action on the parties' anticipated proposed settlement. Signed by Honorable Myron H. Thompson on 8/27/2008. (wcl, ) (Entered: 08/27/2008)

Aug. 27, 2008

Aug. 27, 2008

PACER
79

Joint MOTION for Settlement by Alabama Disabilities Advocacy Program. (Attachments: # 1 Exhibit 1 Settlement Agreement & Protocol)(Tucker, James) (Entered: 09/05/2008)

Sept. 5, 2008

Sept. 5, 2008

PACER
80

OPINION. Signed by Honorable Myron H. Thompson on 9/10/08. (djy, ) (Entered: 09/10/2008)

Sept. 10, 2008

Sept. 10, 2008

RECAP
81

JUDGMENT AND INJUNCTION, in accordance with the memorandum opinion, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) the joint motion to adopt the settlement agreement and retain jurisdiction 79 is granted; (2) the settlement agreement, attached as an appendix to this judgment, is incorporated as the order of this Court; (3) In accordance with the terms of the settlement agreement, the court retains jurisdiction to enforce the agreement for a period of one year from the date of this judgment; and (4) Defendant J. Walter Wood, in his official capacity, and his officers, agents, servants, and employees, and those persons in active concert or participation with him who receive actual notice of this judgment and injunction by personal service or otherwise, is ENJOINED and RESTRAINED from failing to comply immediately with the terms of the settlement agreement; directing the clerk of the court to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Honorable Myron H. Thompson on 9/10/08. (Attachments: # 1 Settlement agreement, # 2 civil appeals checklist)(djy, ) (Entered: 09/10/2008)

1 Settlement agreement

View on PACER

2 civil appeals checklist

View on PACER

Sept. 10, 2008

Sept. 10, 2008

RECAP
82

ORDER, pursuant to the Settlement agreement, it is ORDERED that def J. Walter Wood, in his official capacity as the Executive Director of the Alabama Dept of Youth Services, shall pay to plf Alabama Disabilities Advocacy Program the sum of $20,500.00 for attorneys fees and costs. Signed by Honorable Myron H. Thompson on 9/10/08. (djy, ) (Entered: 09/10/2008)

Sept. 10, 2008

Sept. 10, 2008

RECAP

Case Details

State / Territory: Alabama

Case Type(s):

Disability Rights

Disability Rights

Key Dates

Filing Date: May 16, 2007

Closing Date: Sept. 10, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Protection and advocacy system

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

Alabama Department of Youth Services (DYS), State

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:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $20,500.00

Issues

Disability and Disability Rights:

disability, unspecified

P&A access authority

P&A Associational Standing