Case: Connecticut Office of Protection and Advocacy v. Hartford Board of Education

3:04-cv-01338 | U.S. District Court for the District of Connecticut

Filed Date: Aug. 11, 2004

Closed Date: Oct. 18, 2006

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Case Summary

This is a case about whether a Protection and Advocacy agency (P&A) can access the grounds, students, and student records of a non-residential therapeutic school. On August 11, 2004, Connecticut Office of Protection and Advocacy (OPA), Connecticut’s P&A, filed this lawsuit in the U.S. District Court for the District of Connecticut. OPA filed this lawsuit against the Hartford Board of Education (Hartford), which operated the non-residential therapeutic school, under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), Protection and Advocacy of Human Rights Act (PAIR Act), and Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act). Represented by itself, OPA sought injunctive relief that required Hartford provide OPA access to the school and contact information for parents and guardians of students. OPA claimed that students at the Hartford school were persons with disabilities under the DD Act and PAIR Act, and that the school constituted a facility under the PAIMI Act. Judge Janet C. Hall presided over this matter.

OPA began its investigation after it received multiple complaints concerning inappropriate restraints and seclusions at the school. Hartford denied OPA access to the school’s students, claimed that OPA could not investigate the school under the DD Act, PAIR Act, and PAIMI Act, and that federal law prevented them from disclosing the records OPA requested. On February 8, 2005, the court granted a permanent injunction for OPA. The court explained that the DD Act and PAIR Act have identical standards for investigatory authority, that the school fell under the DD Act’s authority because OPA sufficiently demonstrated that Hartford previously served individuals and still serves some individuals with disabilities under the DD Act. Moreover, the court determined that OPA could access Hartford’s premises and records under the PAIMI Act because statutory amendments expanded the Act’s scope to nonresidential settings. Because OPA could conduct PAIMI Act and DD Act investigations, both acts required that OPA receive directory records with the contact information for student’s legal representatives upon their request. The court reasoned that this ensure Hartford could seek consent from legal representatives before submitting individual records requests. Finally, the court said that IDEA and FERPA did not preclude OPA’s records access authority, but that OPA must adhere to IDEA and FERPA confidentiality requirements for these records. On 10/18/06, the U.S. Court of Appeals for the Second Circuit affirmed this decision. The case is now closed.

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Summary Authors

NDRN (11/23/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/2325623/parties/protection-advocacy-for-persons-with-disabilities-v-hartford-bd-of-ed/

Judge(s)

Hall, Janet C. (Connecticut)

Attorney for Plaintiff

Alisberg, Nancy B. (Connecticut)

Annon, Paulette G. (Connecticut)

Attorney for Defendant

Bird, Ann F. (Connecticut)

Rose, John Rose (Connecticut)

Judge(s)

Hall, Janet C. (Connecticut)

Attorney for Plaintiff

Alisberg, Nancy B. (Connecticut)

Annon, Paulette G. (Connecticut)

Attorney for Defendant

Bird, Ann F. (Connecticut)

Rose, John Rose (Connecticut)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
4 3:04-cv-01338	Memorandum of Law in Support of Plaintiff's Motion for a Preliminary Injunction Conn Office of Protection and Advocacy v. Hartford Bd of Education	Aug. 11, 2004	Aug. 11, 2004 Pleading / Motion / Brief
1 3:04-cv-01338	Complaint Conn Office of Protection and Advocacy v. Hartford Bd of Education	Aug. 11, 2004	Aug. 11, 2004 Complaint
24 3:04-cv-01338	Ruling on Plaintiffs' Motion for a Preliminary Injunction Conn Office of Protection and Advocacy v. Hartford Bd of Education	Feb. 8, 2005	Feb. 8, 2005 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/2325623/protection-advocacy-for-persons-with-disabilities-v-hartford-bd-of-ed/

Last updated Feb. 24, 2024, 3 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Hartford Bd of Ed, Hartford Public Schools, Robert Henry ( Filing fee $ 150 receipt number H013377.), filed by James McGaughey, Protection & Advocacy for Persons With Disabilities. (Attachments: # 1 Exhibits 1-6# 2 Exhibits 7-11)(Ferguson, L.) (Entered: 08/13/2004) 2 Exhibits 1-6 View on PACER 3 Exhibits 7-11 View on PACER	Aug. 11, 2004	Aug. 11, 2004 Clearinghouse
	Summons Issued as to Hartford Bd of Ed, Hartford Public Schools, Robert Henry. (Ferguson, L.)	Aug. 11, 2004	Aug. 11, 2004 PACER
2	Order on Pretrial Deadlines: Motions to Dismiss due on 11/11/04. Amended Pleadings due by 10/10/2004. Discovery due by 2/10/2005. Dispositive Motions due by 3/12/2005. (Ferguson, L.) (Entered: 08/13/2004)	Aug. 11, 2004	Aug. 11, 2004 PACER
3	MOTION for Preliminary Injunction by James McGaughey, Protection & Advocacy for Persons With Disabilities.Responses due by 9/1/2004 (Ferguson, L.) (Entered: 08/13/2004)	Aug. 11, 2004	Aug. 11, 2004 PACER
4	Memorandum in Support re 3 MOTION for Preliminary Injunction filed by James McGaughey, Protection & Advocacy for Persons With Disabilities. (Attachments: # 1 Exhibits 1-6# 2 Exhibits 7-12# 3 Exhibit 12 cont'd)(Ferguson, L.) (Entered: 08/13/2004) 2 Exhibits 1-6 View on PACER 3 Exhibits 7-12 View on PACER 4 Exhibit 12 cont'd View on PACER	Aug. 11, 2004	Aug. 11, 2004 Clearinghouse
5	SUMMONS Returned Executed by James McGaughey, Protection & Advocacy for Persons With Disabilities. Hartford Public Schools served on 8/13/2004, answer due 9/2/2004. (Candee, D.) (Entered: 08/19/2004)	Aug. 19, 2004	Aug. 19, 2004 PACER
6	SUMMONS Returned Executed by James McGaughey, Protection & Advocacy for Persons With Disabilities. Hartford Bd of Ed served on 8/13/2004, answer due 9/2/2004. (Candee, D.) (Entered: 08/19/2004)	Aug. 19, 2004	Aug. 19, 2004 PACER
7	SUMMONS Returned Executed by James McGaughey, Protection & Advocacy for Persons With Disabilities. Robert Henry served on 8/13/2004, answer due 9/2/2004. (Candee, D.) (Entered: 08/19/2004)	Aug. 19, 2004	Aug. 19, 2004 PACER
8	NOTICE RE: INTENT TO DESIGNATE AS AN ELECTRONICALLY FILED CASE. Response due by 9/7/2004. Signed by Judge Janet C. Hall on 8/23/04. (Cody, C.) (Entered: 08/23/2004)	Aug. 23, 2004	Aug. 23, 2004 PACER
	NOTICE TO COUNSEL RE: E-FILE CALENDAR. THIS IS THE ONLY NOTICE COUNSEL WILL RECEIVE. TELEPHONIC STATUS CONFERENCE set for 8/31/2004 2:00 PM before Judge Janet C. Hall. Counsel are requested to participate in this conference, via telephone. This conference call is to be arranged between counsel. Once all parties are on the line, please telephone chambers at (203) 579-5554. (Szczygiel, G.)	Aug. 26, 2004	Aug. 26, 2004 PACER
9	NOTICE of Appearance by John Rose Jr., Ann F. Bird on behalf of Hartford Bd of Ed, Hartford Public Schools, Robert Henry (Candee, D.) (Entered: 08/31/2004)	Aug. 30, 2004	Aug. 30, 2004 PACER
10	Minute Entry for proceedings held before Judge Janet C. Hall : Status Conference held on 8/31/2004. (Court Reporter Fidanza.) (Boroskey, C.) (Entered: 09/01/2004)	Aug. 31, 2004	Aug. 31, 2004 PACER
11	ORDER DESIGNATING CASE AS E-FILED CASE. Signed by Judge Janet C. Hall on 9/13/04. (Cody, C.) (Entered: 09/13/2004)	Sept. 13, 2004	Sept. 13, 2004 PACER
12	OBJECTION re 3 MOTION for Preliminary Injunction filed by Hartford Bd of Ed, Hartford Public Schools, Robert Henry. (Exhibit 1 submitted in paper form.) (Candee, D.) (Entered: 09/28/2004)	Sept. 27, 2004	Sept. 27, 2004 PACER
13	Statement of Material Facts re 3 MOTION for Preliminary Injunction filed by James McGaughey, Protection & Advocacy for Persons With Disabilities. (Attachments: #(1) Exhibits A-D #(2) Exhibit E-G #(3) Exhibits H-K) with Notice of Manual Filing.(Candee, D.) (Entered: 09/30/2004)	Sept. 28, 2004	Sept. 28, 2004 PACER
14	REPLY to Response to 3 MOTION for Preliminary Injunction filed by James McGaughey, Protection & Advocacy for Persons With Disabilities. (Alisberg, Nancy) (Entered: 10/08/2004)	Oct. 8, 2004	Oct. 8, 2004 PACER
15	AFFIDAVIT of Elizabeth Daly re: 3 MOTION for Preliminary Injunction filed by James McGaughey, Protection & Advocacy for Persons With Disabilities. (Attachments: # 1Copy of Reply to Response 14 )(Alisberg, Nancy) Modified on 10/14/2004 (Cody, C.). (Entered: 10/08/2004)	Oct. 8, 2004	Oct. 8, 2004 PACER
	Document #15 corrected to identify Affidavit with attachment as document filed. (Cody, C.)	Oct. 14, 2004	Oct. 14, 2004 PACER
16	MOTION to Strike Letter of November 12 by Hartford Bd of Ed, Hartford Public Schools, Robert Henry.Responses due by 12/10/2004 (Bird, Ann) (Entered: 11/19/2004)	Nov. 19, 2004	Nov. 19, 2004 PACER
17	RESPONSE re 16 MOTION to Strike Letter of November 12 filed by James McGaughey, Protection & Advocacy for Persons With Disabilities. (Attachments: # 1 Affidavit)(Alisberg, Nancy) (Entered: 11/23/2004)	Nov. 23, 2004	Nov. 23, 2004 PACER
18	REPLY to Response to 16 MOTION to Strike Letter of November 12 filed by James McGaughey, Protection & Advocacy for Persons With Disabilities. (Attachments: # 1 Affidavit of Nancy B. Ailsberg)(Candee, D.) (Entered: 12/01/2004)	Nov. 29, 2004	Nov. 29, 2004 PACER
19	NOTICE TO COUNSEL RE: E-FILE CALENDAR. THIS IS THE ONLY NOTICE COUNSEL WILL RECEIVE. ORAL ARGUMENT RE: Motion for Preliminary/Permanent Injunction set for 1/4/2005 11:30 AM, U.S. District Court, 915 Lafayette Blvd.,Courtroom 2, Bridgeport, CT before Judge Janet C. Hall. All persons entering the courthouse must present photo identification.(Szczygiel, G.) (Entered: 12/22/2004)	Dec. 22, 2004	Dec. 22, 2004 PACER
20	NOTICE TO COUNSEL RE: E-FILE CALENDAR. THIS IS THE ONLY NOTICE COUNSEL WILL RECEIVE. ORAL ARGUMENT RE: Motion for Preliminary/Permanent Injunction set for 1/21/2005 02:00 PM (rescheduled from 1/4/05), U.S. District Court, 915 Lafayette Blvd.,Courtroom 2, Bridgeport, CT before Judge Janet C. Hall. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION.(Szczygiel, G.) (Entered: 12/23/2004)	Dec. 23, 2004	Dec. 23, 2004 PACER
21	Minute Entry for proceedings held before Judge Janet C. Hall : Motion Hearing held on 1/21/2005 re 3 MOTION for Preliminary Injunction filed by Protection & Advocacy for Persons With Disabilities, James McGaughey, 16 MOTION to Strike Letter of November 12filed by Hartford Bd of Ed, Hartford Public Schools, Robert Henry. (Court Reporter Fidanza.) (Boroskey, C.) (Entered: 01/21/2005)	Jan. 21, 2005	Jan. 21, 2005 PACER
22	NOTICE OF ELECTRONIC ORDER. THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. ORDER taking under advisement 3 Motion for Preliminary Injunction, withdrawing 16 Motion to Strike Letter of November 12. Signed by Judge Janet C. Hall on 1/21/05. (Boroskey, C.) (Entered: 01/21/2005)	Jan. 21, 2005	Jan. 21, 2005 PACER
23	NOTICE of INTENTION to CITE to SUPPLEMENTAL AUTHORITY by James McGaughey, Protection & Advocacy for Persons With Disabilities ( ATTACHMENTS SUBMITTED IN PAPER FORM ) (Simpson, T.) (Entered: 01/25/2005)	Jan. 21, 2005	Jan. 21, 2005 PACER
24	RULING ON PLAINTIFFS' 3 Motion for Permanent Injunction . The defendants are ordered to grant physicial access, names and contact information such that OPA can perform its statutory duty to investigate suspected abuse and neglect. Signed by Judge Janet C. Hall on 2/7/05. (Cody, C.) (Entered: 02/10/2005)	Feb. 8, 2005	Feb. 8, 2005 Clearinghouse
25	NOTICE OF APPEAL as to 24 RULING ON PLAINTIFFS' 3 Motion for Permanent Injunction. The defendants are ordered to grant physicial access, names and contact information such that OPA can perform its statutory duty to investigate suspected abuse and neglect. by Robert Henry, Hartford Bd of Ed, Hartford Public Schools. Filing fee $ 255, receipt number B009748. Certified copy of docket and copy of NOA mailed to USCA. (Simpson, T.) (Entered: 03/09/2005)	March 7, 2005	March 7, 2005 PACER
26	Index to Record on Appeal by Robert Henry, Hartford Bd of Ed, Hartford Public Schools re 25 Notice of Appeal, (Bird, Ann) (Entered: 03/16/2005)	March 16, 2005	March 16, 2005 PACER
27	TRANSCRIPT of Proceedings held on 1/21/05 before Judge Janet C. Hall. Court Reporter: Terri Fidanza. (Simpson, T.) (Entered: 03/18/2005)	March 18, 2005	March 18, 2005 PACER
28	Acknowledged Receipt of NOA at USCA on 3/15/05 re 25 Notice of Appeal (Simpson, T.) (Entered: 03/21/2005)	March 21, 2005	March 21, 2005 PACER
29	Index to Record on Appeal by Robert Henry, Hartford Bd of Ed, Hartford Public Schools re 25 Notice of Appeal, (Bird, Ann) (Entered: 03/24/2005)	March 24, 2005	March 24, 2005 PACER
30	USCA Scheduling Order as to 25 Notice of Appeal, filed by Hartford Bd of Ed,, Hartford Public Schools,, Robert Henry,. USCA Number: 05-1240cv (Fazekas, J.) (Entered: 04/07/2005)	April 6, 2005	April 6, 2005 PACER
31	MANDATE of USCA dated 10/18/06 Affirming the judgment of the District Court re 25 Notice of Appeal, filed by Hartford Bd of Ed, Hartford Public Schools, Robert Henry, (Candee, D.) (Entered: 10/20/2006)	Oct. 18, 2006	Oct. 18, 2006 RECAP