Filed Date: Feb. 10, 2016
Closed Date: May 26, 2016
Clearinghouse coding complete
This is a case about a Protection and Advocacy agency’s (P&A) records and residents access authority. On February 10, 2016, Disability Rights Iowa (DRI), Iowa’s P&A, filed this lawsuit in the U.S. District Court for the Northern District of Iowa. DRI filed this lawsuit against Rabiner Treatment Center (Rabiner), a youth psychiatric residential treatment center, under the Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act. Represented by itself, DRI sought declarative and injunctive relief that Rabiner violated the PAIMI Act, and that Rabiner must provide DRI with the records in question as well as access to the facility for witness interviews. The case was assigned to Judge Leonard T. Strand.
In July 2015, DRI received a report from a Rabiner resident that staff provided residents with alcohol and tobacco, and later slammed the reporting resident up against a wall. DRI opened an investigation into these matters, but Rabiner did not provide records of the incidents or Rabiner policies. Moreover, Rabiner would not let DRI enter the facility to interview residents and staff about these complaints. In April 2016, the parties settled the case. Under the settlement agreement, Rabiner had to provide DRI with records related to the complaint DRI received. Additionally, DRI could interview five enumerated staff members with Rabiner’s attorney present, and two interviews with resident witnesses. On May 26, 2016, the court dismissed the case.
Summary Authors
NDRN (10/17/2022)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13309677/parties/disability-rights-iowa-v-rabiner-treatment-center/
Bennett, Mark W. (Iowa)
Dirksen, Allyson C. (Iowa)
Eide, Eric J (Iowa)
Gray, John C (Iowa)
Bennett, Mark W. (Iowa)
See docket on RECAP: https://www.courtlistener.com/docket/13309677/disability-rights-iowa-v-rabiner-treatment-center/
Last updated March 15, 2024, 3:04 a.m.
State / Territory: Iowa
Case Type(s):
Key Dates
Filing Date: Feb. 10, 2016
Closing Date: May 26, 2016
Case Ongoing: No
Plaintiffs
Plaintiff Description:
protection and advocacy organizational plaintiff seeking access to records and residents/staff in facilities as allowed by federal law
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
Rabiner Treatment Center, Non-profit or advocacy
Case Details
Causes of Action:
Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Issues
General:
Disability and Disability Rights:
Type of Facility: