IOWA PROTECTION AND ADVOCACY SERVICES V. GERARD TREATMENT PROGRAMS

Case: Iowa Protection and Advocacy Services v. Gerard Treatment Programs

1:01-cv-03013 | U.S. District Court for the Northern District of Iowa

Filed Date: Feb. 16, 2001

Closed Date: Aug. 4, 2003

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Case Summary

This is a case about a Protection and Advocacy agency’s (P&A) authority to access a minor’s records during an investigation over the objection of parents or guardians. On February 16, 2001, Iowa Protection and Advocacy Services (Iowa P&A), filed this lawsuit in the U.S. District Court for the Northern District of Iowa. Iowa P&A sued Gerard Treatment Programs (Gerard), a youth residential psychiatric treatment setting, under the Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act. Represented by private counsel, Iowa P&A sought injunctive relief that ordered Gerard to provide them with the relevant records requested. Iowa P&A claimed that Gerard violated the PAIMI Act when they denied Iowa P&A records and notified the parents and guardians of residents of the investigation. Judge Mark W. Bennett presided over this matter.

Iowa P&A began its investigation after a resident death at Gerard, and eventually obtained probable cause to begin a facility-wide investigation concerning Gerard’s use of restraints. Subsequently, Gerard would not let Iowa P&A access records requested in furtherance of its investigation and notified the parents and guardians of residents that Iowa P&A requested records. Some parents and guardians contacted Iowa P&A and notified it that they did not want the organization to access these records for their child or ward. The court considered Iowa P&A’s request for a Preliminary Injunction, and determined that while the PAIMI Act required Iowa P&A notify parents and guardians that they sought records in furtherance of its investigation, the P&A did not necessarily need their consent. Because Iowa P&A had probable cause that the health and safety of multiple residents are in serious and immediate jeopardy, the court reasoned that the P&A’s investigatory authority included generalized records access not subject to parent or guardian consent. The court granted Iowa P&A a Preliminary Injunction for records access in June 2003. The court issued a permanent injunction that prevented Gerard from interfering with Iowa P&A’s access authority in June 2002. The court terminated the case in June 2002. In 2003, Iowa P&A filed a motion for contempt because Gerard refused to provide plaintiffs with a list of all parent and guardian names and addresses on a subsequent matter. On August 4, 2003 court denied this motion for contempt because Iowa P&A's request fell under its PAIMI monitoring authority, not its investigatory authority.

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Summary Authors

NDRN (10/28/2022)

Documents in the Clearinghouse

	Document
34 1:01-cv-03013	Final Order Iowa Protection and Advocacy Services v. Gerard Treatment Programs	June 17, 2002	June 17, 2002 Order/Opinion
41 1:01-cv-03013	Memorandum Opinion and Order Regarding Plaintiff's Motion for Contempt Iowa Protection and Advocacy Services v. Gerard Treatment Programs	Aug. 4, 2003	Aug. 4, 2003 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/19897481/ia-protect-services-v-gerard-of-iowa/

Last updated Feb. 1, 2023, 8:35 p.m.

ECF Number	Description	Date	Link Date / Link
1	REQUEST by Pltf. IA Protect Services for Order assigned to Chief Judge Mark W. Bennett frmemp (Entered: 02/16/2001)	Feb. 16, 2001	Feb. 16, 2001 PACER
2	RECEIPT #111639 in the amount of $150.00 Filing Fee frmemp (Entered: 02/16/2001)	Feb. 16, 2001	Feb. 16, 2001 PACER
3	RETURN OF SERVICE EXECUTED upon defendant Gerard of Iowa 2/22/01 answer due on 3/14/01 for Gerard of Iowa PKM (Entered: 03/09/2001)	March 9, 2001	March 9, 2001 PACER
	REMARK: Answer Due Letter sent to all parties frmemp	March 28, 2001	March 28, 2001 PACER
4	REQUEST by plaintiff IA Protection Svcs for INJUNCTIVE AND DECLARATORY RELIEF assigned to Chief Judge Mark W. Bennett frmemp (Entered: 04/02/2001)	April 2, 2001	April 2, 2001 PACER
5	ANSWER by defendant Gerard of Iowa to complaint [1-1] ; answer ddl satisfied. frmemp (Entered: 04/02/2001)	April 2, 2001	April 2, 2001 PACER
6	ANSWER by Deft. Gerard of Iowa to Amended Complaint & Request for Injunctive and Declaratory Relief [4-1] frmemp (Entered: 04/13/2001)	April 13, 2001	April 13, 2001 PACER
7	ORDER by Chief Judge Mark W. Bennett Setting Motion for INJUNCTIVE AND DECLARATORY RELIEF [4-1] & Motion for Order [1-1] HEARING set for 2:00 6/6/01 S.C.IA (cc: all counsel) frmemp (Entered: 06/04/2001)	June 4, 2001	June 4, 2001 PACER
8	CLERK'S COURT MINUTES: from Request for Preliminary Injunction held on Jun 6, 2001 before Chief Judge Mark W. Bennett Ruling Reserved on [4-1] Motion for INJUNCTIVE AND DECLARATORY RELIEF motion hearing ddl satisfied, ruling reserved on [1-1] motion for Order. Court Grants Pltfs Oral Motion to Amend Defts name to Gerard Treatment Programs, L.L.C. Motion Hearing ddl satisfied Court Reporter Shelly Semmler frmemp (Entered: 06/07/2001)	June 6, 2001	June 6, 2001 PACER
9	ORDER by Chief Judge Mark W. Bennett: Court reveived Letter Briefs from Pltf & Deft. Clerk of Court shall Docket and File the Letter Briefs as part of the record in this case. (cc: all counsel) frmemp (Entered: 06/20/2001)	June 20, 2001	June 20, 2001 PACER
10	LETTER BRIEF FILED by Pltf. IA Protection Svcs re Order [9-1] frmemp (Entered: 06/20/2001)	June 20, 2001	June 20, 2001 PACER
11	LETTER BRIEF FILED by Deft. Gerard Treatment Pro re Order [9-1] frmemp (Entered: 06/20/2001)	June 20, 2001	June 20, 2001 PACER
12	MEMORANDUM, OPINION, AND ORDER: by Chief Judge Mark W. Bennett Granting Motion for INJUNCTIVE AND DECLARATORY RELIEF [4-1] STAYED for 30 days. (cc: all counsel) frmemp (Entered: 06/25/2001)	June 25, 2001	June 25, 2001 PACER
13	MOTION by Deft. Gerard Treatment Pro to Alter or Amend Judgment and/or, for Additional Time assigned to Chief Judge Mark W. Bennett frmemp (Entered: 07/09/2001)	July 9, 2001	July 9, 2001 PACER
14	MOTION by Pltf. IA Protection Svcs for Order for Modification of Ruling assigned to Chief Judge Mark W. Bennett frmemp (Entered: 07/09/2001)	July 9, 2001	July 9, 2001 PACER
15	MEMORANDUM by Pltf. IA Protection Svcs in Support of Motion for Order for Modification of Ruling [14-1] frmemp (Entered: 07/09/2001)	July 9, 2001	July 9, 2001 PACER
16	ORDER by Chief Judge Mark W. Bennett denying motion for Order for Modification of Ruling [14-1], denying motion to Alter or Amend Judgment [13-1], denying motion for Additional Time [13-2] (cc: all counsel) AIK (Entered: 07/18/2001)	July 17, 2001	July 17, 2001 PACER
17	PRELIMINARY INJUNCTION by Chief Judge Mark W. Bennett (cc: all counsel) AIK (Entered: 07/18/2001)	July 17, 2001	July 17, 2001 PACER
18	NOTICE OF DISMISSAL ; dismissal ddl set for 8/13/01 (cc: all counsel) AIK (Entered: 07/30/2001)	July 30, 2001	July 30, 2001 PACER
	SCHEDULING REPORT AND DISCOVERY PLAN; dismissal ddl satisfied; scheduling report ddl satisfied AIK	Aug. 10, 2001	Aug. 10, 2001 PACER
19	SCHEDULING ORDER by Magistrate Judge Paul A. Zoss - Additional parties ddl 10/1/01 - Motions to amend ddl 10/1/01 - Plaintiff experts ddl 10/1/01 - Defendant experts ddl 12/1/01 - Plaintiff rebuttal experts ddl 1/1/02 - DISCOVERY DDL 2/1/02 - DISPOSITIVE MOTION FILING DDL 2/1/02 - TRIAL READINESS DDL 6/1/02 (cc: all counsel) KFS (Entered: 08/13/2001)	Aug. 13, 2001	Aug. 13, 2001 PACER
20	ORDER by Chief Judge Mark W. Bennett PRETRIAL ORDER DDL 6/25/02; Pretrial conference on 2:00; 6/27/02 JURY TRIAL set for 7/8/02 w/Judge Bennett FD (cc: all counsel) AIK (Entered: 08/14/2001)	Aug. 13, 2001	Aug. 13, 2001 PACER
21	ORDER by Chief Judge Mark W. Bennett ;Pretrial conference set 2:00 p.m. THURSDAY 6/27/02 (cc: all counsel) frmemp (Entered: 08/23/2001)	Aug. 22, 2001	Aug. 22, 2001 PACER
22	ORDER by Chief Judge Mark W. Bennett BENCH TRIAL set for 9:00 a.m. on 7/8/02. No Jury Demand filed. Jury Trial Moot Ft. Dodge (cc: all counsel) frmemp (Entered: 08/24/2001)	Aug. 24, 2001	Aug. 24, 2001 PACER
23	ORDER by Chief Judge Mark W. Bennett Telephonic STATUS HEARING set for 10:00; 1/30/02 (cc: all counsel) AIK (Entered: 01/28/2002)	Jan. 28, 2002	Jan. 28, 2002 PACER
24	CLERK'S COURT MINUTES: from Status Hearing held on 1/30/02 before Chief Judge Mark W. Bennett Status hearing held 1/30/02 Court Reporter None PKM (Entered: 01/30/2002)	Jan. 30, 2002	Jan. 30, 2002 PACER
25	ORDER by Chief Judge Mark W. Bennett Pretrial order ddl satisfied 2/13/02 Pretrial conference of 06/27/02, canceled 2/13/02 Trial of 07/08/02, canceled 2/13/02 STATUS HEARING set for 3:00; 6/6/02 SC (cc: all counsel) AIK (Entered: 02/13/2002)	Feb. 13, 2002	Feb. 13, 2002 PACER
26	MEMORANDUM by plaintiff IA Protection Svcs in support of motion for order granting permanent injunction [26-1] (proposed order attached) PKM (Entered: 03/14/2002)	March 14, 2002	March 14, 2002 PACER
27	MOTION to extend time to file proposed order by defendant Gerard Treatment Pro (attached to response filed this date) assigned to Chief Judge Mark W. Bennett DES (Entered: 04/18/2002)	April 18, 2002	April 18, 2002 PACER
28	MOTION for order granting permanent injunction by defendant Gerard Treatment Pro assigned to Chief Judge Mark W. Bennett (two proposed orders attached) DES (Entered: 04/18/2002)	April 18, 2002	April 18, 2002 PACER
29	ORDER by Chief Judge Mark W. Bennett granting motion to extend time to file proposed order [27-1], response which includes proposed order is deemed timely filed (cc: all counsel) DES (Entered: 04/19/2002)	April 19, 2002	April 19, 2002 PACER
30	REPLY by plaintiff IA Protection Svcs to Defendant's Proposed Final Order re motion for order granting permanent injunction [28-1] AIK (Entered: 05/09/2002)	May 9, 2002	May 9, 2002 PACER
31	ORDER by Chief Judge Mark W. Bennett Status Hearing set for 6/06/02 @ 3:00 pm will now be telephonic (cc: all counsel) DES (Entered: 05/29/2002)	May 29, 2002	May 29, 2002 PACER
32	CLERK'S COURT MINUTES: from Telephonic Hearing on Proposed Final Order held on 6/06/02 before Chief Judge Mark W. Bennett ruling reserved on [28-1] motion for order granting permanent injunction, ruling reserved on [26-1] motion for order granting permanent injunction Court Reporter Shelly Semmler DES (Entered: 06/06/2002)	June 6, 2002	June 6, 2002 PACER
33	FINAL ORDER by Chief Judge Mark W. Bennett granting motion for order granting permanent injunction [28-1], granting motion for order granting permanent injunction [26-1] terminating case (cc: all counsel) DES Modified on 06/17/2002 (Entered: 06/17/2002)	June 17, 2002	June 17, 2002 PACER
34	JUDGMENT: Judgment is entered in accordance with Final Order, JUDGMENT BOOK 47 ENTRY 53 (cc: all counsel) DES Modified on 06/17/2002 (des). (Entered: 06/17/2002)	June 17, 2002	June 17, 2002 Clearinghouse
35	MOTION for Contempt by Plaintiff Iowa Protection and Advocacy Services, Inc.. (Attachments: # 1 Brief in support)(kfs, ) (Entered: 06/30/2003)	June 30, 2003	June 30, 2003 PACER
36	ORDER Setting Hearing on Motion 35 MOTION contempt: Motion Hearing set for 7/24/2003 at 01:30 PM Telephonic Hearing for 35 . Signed by Judge Mark W Bennett on 7/7/03. (pkm) (Entered: 07/07/2003)	July 7, 2003	July 7, 2003 PACER
37	NOTICE of Appearance by Suzie A Berregaard on behalf of Iowa Protection and Advocacy Services, Inc. (pkm) (Entered: 07/14/2003)	July 14, 2003	July 14, 2003 PACER
38	RESISTANCE to Motion re 35 MOTION contempt filed by Defendant Gerard Treatment Programs, L.L.C.. (Attachments: # 1 Brief in Support)(pkm) (Entered: 07/14/2003)	July 14, 2003	July 14, 2003 PACER
39	REPLY to Resistance to Motion re 35 MOTION contempt filed by Plaintiff Iowa Protection and Advocacy Services, Inc. (pkm) (Entered: 07/21/2003)	July 21, 2003	July 21, 2003 PACER
40	Minute Entry for proceedings held before Judge Mark W Bennett : Motion Hearing held on 7/24/2003 re 35 MOTION contempt filed by Iowa Protection and Advocacy Services, Inc., ruling reserved, order to follow. (Court Reporter Carolyn Plueger.) (des, ) (Entered: 07/24/2003)	July 24, 2003	July 24, 2003 PACER
41	ORDER denying 35 Motion for Contempt of June 14, 2003, Final Order Signed by Judge Mark W Bennett on 08/04/03. (ak, ) (Entered: 08/04/2003)	Aug. 4, 2003	Aug. 4, 2003 Clearinghouse