Case: Disability Rights Iowa v. White

4:14-cv-00092 | U.S. District Court for the Southern District of Iowa

Filed Date: March 12, 2014

Closed Date: July 1, 2014

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Case Summary

This is a case about a Protection and Advocacy agency’s (P&A) records and residents access authority during an investigation. On March 12, 2014, Disability Rights Iowa (DRI), Iowa’s P&A, filed this lawsuit in the U.S. District Court for the Southern District of Iowa against Muscatine County Sheriff’s Office and the Sheriff in his personal capacity. DRI asserted the defendants violated the PAIMI Act when they refused to provide DRI records and let DRI interview staff surrounding an incident where an individual was tased four times at the Muscatine County Jail. Represented by itself, DRI sought declarative and injunctive relief that required the Sheriff’s Office provide DRI with the records requested and allow them to interview relevant staff. Judge John A. Jarvey initially presided over this matter, and subsequently referred the matter to Magistrate Judge Celeste F. Bremer.

In October 2013, DRI received a report that an individual detained at the Muscatine County Jail was tasered four times in less than 10 minutes. DRI began an investigation under the PAIMI Act, and sought records and investigations concerning the taser, as well as the jail’s taser training policies and records. , The Sheriff’s Office allowed DRI into the jail, but barred them from interviewing relevant jail staff. In March 2014, DRI filed a Motion for Summary Judgement requesting injunctive relief to access the records they requested and interview relevant staff. On July 1, 2014, DRI voluntarily dismissed the case before the court decided the motion. The court terminated the case on July 2, 2014.

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Summary Authors

NDRN (10/17/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13104025/parties/disability-rights-iowa-v-white/

Judge(s)

Jarvey, John Alfred (Iowa)

Attorney for Plaintiff

Grauerholz, Jayna (Iowa)

Hudson, Jane (Iowa)

Attorney for Defendant

Gallagher, Jonathan (Iowa)

Expert/Monitor/Master/Other

Judge(s)

Jarvey, John Alfred (Iowa)

Attorney for Plaintiff

Grauerholz, Jayna (Iowa)

Hudson, Jane (Iowa)

Miller, Cynthia Ann (Iowa)

Attorney for Defendant

Gallagher, Jonathan (Iowa)

Ostergren, Alan R (Iowa)

Rickert, Brian P. (Iowa)

Expert/Monitor/Master/Other

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 4:14-cv-00092	Complaint for Injunctive and Declaratory Relief Disability Rights Iowa v. White & Musctine Cnty Sheriffs	March 12, 2014	March 12, 2014 Complaint
2-1 4:14-cv-00092	Memorandum of Law in Support of Plaintiff's Motion for Preliminary Injunction Disability Rights Iowa v. White & Musctine Cnty Sheriffs	March 12, 2014	March 12, 2014 Pleading / Motion / Brief
18 4:14-cv-00092	Dismissal with Prejudice	July 1, 2014	July 1, 2014 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/13104025/disability-rights-iowa-v-white/

Last updated March 1, 2024, 3:04 a.m.

ECF Number	Description	Date	Link Date / Link
	Judge John A. Jarvey added. Senior Judge Ronald E. Longstaff no longer assigned to case. (sk, )	March 12, 2014	March 12, 2014 PACER
2	MOTION for Preliminary Injunction by Disability Rights Iowa. Responses due by 3/31/2014 (Attachments: # 1 Memorandum in Support)(Miller, Cynthia) (Entered: 03/12/2014) 1 Memorandum in Support View on Clearinghouse	March 12, 2014	March 12, 2014 PACER
1	COMPLAINT against All Defendants Filing fee paid in the amount of $ 400, receipt number 0863-2274518., filed by Disability Rights Iowa. Notice of Dismissal for lack of Service deadline set for 7/10/2014. Rule 16 Notice of Dismissal set for 7/10/2014.(Miller, Cynthia) (Entered: 03/12/2014)	March 12, 2014	March 12, 2014 Clearinghouse
5	NOTICE of Appearance by Jonathan M Gallagher on behalf of Muscatine County Sheriff's Department, David White (Gallagher, Jonathan) (Entered: 03/26/2014)	March 26, 2014	March 26, 2014 PACER
4	NOTICE of Appearance by Brian P Rickert on behalf of Muscatine County Sheriff's Department, David White (Rickert, Brian) (Entered: 03/26/2014)	March 26, 2014	March 26, 2014 PACER
3	Unresisted MOTION for Extension of Time to File Answer and Resistance by Muscatine County Sheriff's Department, David White.Motions referred to Celeste F. Bremer. Responses due by 4/14/2014 (Rickert, Brian) (Entered: 03/26/2014)	March 26, 2014	March 26, 2014 PACER
6	WAIVER OF SERVICE Returned Executed filed by Disability Rights Iowa; All Defendants. (Miller, Cynthia) (Entered: 03/27/2014)	March 27, 2014	March 27, 2014 PACER
7	TEXT ONLY ORDER granting 3 Motion for Extension of Time to file Answer to Plaintiff's Complaint to April 30, 2014. Defendants' resistance to Plaintiff's Motion for Preliminary Injunction 2 shall be filed by April 30, 2014. Signed by Magistrate Judge Celeste F. Bremer on 4/1/2014. (mlr) (Entered: 04/01/2014)	April 1, 2014	April 1, 2014 PACER
8	Unresisted MOTION for Extension of Time to File Answer re 2 MOTION for Preliminary Injunction, 1 Complaint, by Muscatine County Sheriff's Department, David White.Motions referred to Celeste F. Bremer. (Rickert, Brian) (Entered: 04/25/2014)	April 25, 2014	April 25, 2014 PACER
9	TEXT ORDER granting 8 Motion for Extension of Time to Answer. Muscatine County Sheriff's Department answer due 5/9/2014; David White answer due 5/9/2014. Granting unopposed Motion to extend deadline to file a response to Plaintiff's Motion for Preliminary Injunction to May 9, 2014. Signed by Magistrate Judge Celeste F. Bremer on 4/28/2014. (mlr) (Entered: 04/28/2014)	April 28, 2014	April 28, 2014 PACER
11	TEXT ONLY ORDER granting 10 Defendants' Third unopposed Motion for Extension of Time to Answer. Muscatine County Sheriff's Department answer due 5/23/2014; David White answer due 5/23/2014. Defendants shall have to and including 5/23/14 to file a resistance to Plaintiff's Motion for Preliminary Injunction. Signed by Magistrate Judge Celeste F. Bremer on 5/6/2014. (mlr) (Entered: 05/06/2014)	May 6, 2014	May 6, 2014 PACER
10	Unresisted MOTION for Extension of Time to File Answer re 2 MOTION for Preliminary Injunction, 1 Complaint, by Muscatine County Sheriff's Department, David White.Motions referred to Celeste F. Bremer. (Rickert, Brian) (Entered: 05/06/2014)	May 6, 2014	May 6, 2014 PACER
12	Unresisted MOTION for Extension of Time to File Answer re 2 MOTION for Preliminary Injunction, 1 Complaint, by Muscatine County Sheriff's Department, David White.Motions referred to Celeste F. Bremer. (Rickert, Brian) (Entered: 05/21/2014)	May 21, 2014	May 21, 2014 PACER
13	TEXT ONLY ORDER granting 12 Motion for Extension of Time to Answer. Muscatine County Sheriff's Department answer due 6/10/2014; David White answer due 6/10/2014. Defendants' resistance to Plaintiff's Motion for Preliminary Injunction shall be filed by June 10, 2014. Signed by Magistrate Judge Celeste F. Bremer on 5/22/2014. (mlr) (Entered: 05/22/2014)	May 22, 2014	May 22, 2014 PACER
14	TEXT ORDER. Pursuant to 28 U.S.C. ยง 636(b)(1)(B), IT IS ORDERED that plaintiff's Motion for Preliminary Injunction 2 is hereby referred to the Honorable Celeste F. Bremer, United States Magistrate Judge for the Southern District of Iowa, for the purpose of conducting any necessary proceedings and hearing and for submission of a report and recommendation regarding disposition of the motion to the undersigned. Signed by Judge John A. Jarvey on 6/2/2014. (mem) (Entered: 06/02/2014)	June 2, 2014	June 2, 2014 PACER
17	TEXT ONLY ORDER granting 16 Motion for Extension of Time to Answer and to file a resistance to Plaintiff's Motion for Preliminary Injunction to July 3, 2014. The hearing on the Motion for Preliminary Injunction set for June 19, 2014, is canceled; by July 3, 2014, the parties shall file a joint request for a hearing date on the Preliminary Injunction indicating dates they are available. Muscatine County Sheriff's Department answer due 7/3/2014; David White answer due 7/3/2014. Signed by Magistrate Judge Celeste F. Bremer on 6/9/2014. Modified on 6/9/2014 (mlr). (Entered: 06/09/2014)	June 9, 2014	June 9, 2014 PACER
16	Unresisted MOTION for Extension of Time to File Answer re 15 Order, Set Hearings,, 2 MOTION for Preliminary Injunction, 9 Order on Motion for Extension of Time to Answer, 11 Order on Motion for Extension of Time to Answer, 13 Order on Motion for Extension of Time to Answer, 1 Complaint, 7 Order on Motion for Extension of Time to File, by Muscatine County Sheriff's Department, David White.Motions referred to Celeste F. Bremer. (Rickert, Brian) (Entered: 06/09/2014)	June 9, 2014	June 9, 2014 PACER
15	TEXT ONLY ORDER re 2 MOTION for Preliminary Injunction filed by Disability Rights Iowa. Hearing on this Motion is set for 6/19/2014 10:00 AM in Phone Hearing before Magistrate Judge Celeste F. Bremer. Counsel shall call the Court's conference line at 515-284-6266 and enter code 116266 at the prompt. Signed by Magistrate Judge Celeste F. Bremer on 6/9/2014. (mlr) (Entered: 06/09/2014)	June 9, 2014	June 9, 2014 PACER
18	NOTICE of Voluntary Dismissal by Disability Rights Iowa (Miller, Cynthia) (Entered: 07/01/2014)	July 1, 2014	July 1, 2014 Clearinghouse
	PUBLIC DOCKET ANNOTATION: case terminated per 18 voluntary dismissal. (sc)	July 2, 2014	July 2, 2014 PACER