Filed Date: Nov. 9, 2006
Closed Date: June 15, 2009
Clearinghouse coding complete
This is a case about a protection and advocacy (P&A) agency’s records access authority and private right of action to enforce its statutory authority. On November 9, 2006, Hawaii Disability Rights Center (Hawaii DRC) filed this lawsuit in the U.S. District Court for the District of Hawaii against Susanna F. Cheung in her official capacity as director of a Hawaii corporation providing support and residential services to individuals with disabilities. Represented by itself, Hawaii DRC alleged that Cheung violated the Developmental Disabilities Assistance and Bill of Rights Act (DD Act) when her corporation refused to provide the P&A with guardian directory records for individuals with disabilities that they served. Judge David Alan Erza presided over this matter.
This lawsuit began after a 2005 settlement between Hawaii DRC and Cheung concerning DRC’s records access authority. Following the settlement, Hawaii DRC received complaints of abuse and neglect by Cheung’s service providers. Hawaii DRC requested records concerning the alleged abuse and neglect and Cheung refused to provide the records. Subsequently, Cheung refused to provide Hawaii DRC records of guardians’ directory and contact information pursuant to its DD Act authority upon receiving a records request denial. Hawaii DRC filed a Motion for Preliminary Injunction to receive the directory records. On January 26, 2007, the court denied Hawaii DRC’s motion because they did not establish that they would suffer irreparable harm if they did not receive the records because they could obtain the directory records through discovery. Subsequently, Cheung filed a Motion to Dismiss, arguing that the DD Act does not provide Hawaii DRC a private right of action to enforce the DD Act. On October 1, 2007, the court denied Cheung’s Motion to Dismiss. The court reasoned that the DD Act creates an implied private right of action for Hawaii DRC by expressly authorizing that P&As may pursue “legal, administrative, and other appropriate remedies” for individuals with disabilities and in furtherance of its responsibilities as the state’s P&A. There were settlement discussions between the parties in 2007 and 2008. On June 15, 2009, the case was dismissed with prejudice.
Summary Authors
NDRN (7/9/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4652145/parties/hawaii-disability-rights-center-v-susanna-f-cheung/
Bassett, Matthew C. (Hawaii)
Arikawa, Karen Y. (Hawaii)
Boley, Todd A. (Hawaii)
See docket on RECAP: https://www.courtlistener.com/docket/4652145/hawaii-disability-rights-center-v-susanna-f-cheung/
Last updated Dec. 16, 2024, 4:45 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Hawaii
Case Type(s):
Key Dates
Filing Date: Nov. 9, 2006
Closing Date: June 15, 2009
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
Opportunities for the Retarded Inc, Non-profit or advocacy
Case Details
Causes of Action:
Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Issues
Disability and Disability Rights: