Filed Date: Aug. 25, 2005
Closed Date: June 2, 2006
Clearinghouse coding complete
This is a case about a protection and advocacy (P&A) agency’s access authority. On August 25, 2005, Hawaii Disability Rights Center (Hawaii DRC), Hawaii’s P&A, filed this lawsuit in the U.S. District Court for the District of Hawaii against Susanna Cheung in her official capacity as President of an organization operating an Intermediate Care Facility. Hawaii DRC alleged that Cheung violated the Developmental Disabilities Assistance and Bill of Rights Act (DD Act) when they denied the P&A access to its facility, the facility’s residents, and related records. Hawaii DRC sought injunctive and declaratory relief that Cheung violated the DD Act and must allow Hawaii DRC to access their facility, facility residents, and relevant records. Judge David Alan Ezra presided over this matter.
This lawsuit began after Hawaii DRC established probable cause from a CMS periodic inspection report that the defendant’s facility may have subjected individuals to abuse or neglect. When Hawaii DRC travelled to the facility to meet with individuals and review records, defendants stopped them from leaving the reception room and were not allowed to enter the facility. Defendants did not provide a written explanation for their denial. On June 2, 2006, the parties reached a settlement, and the case was dismissed. The case remains closed.
Summary Authors
NDRN (7/9/2023)
See docket on RECAP: https://www.courtlistener.com/docket/12179279/hawaii-disability-ri-v-cheung/
Last updated Dec. 16, 2024, 4:45 p.m.
Docket sheet not available via the Clearinghouse.State / Territory:
Case Type(s):
Key Dates
Filing Date: Aug. 25, 2005
Closing Date: June 2, 2006
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.
Other Dockets:
District of Hawaii 1:05-cv-00557
Available Documents:
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Issues
Disability and Disability Rights: