Case: Iowa Protection and Advocacy Svc v. Rasmussen

4:02-cv-90004 | U.S. District Court for the Southern District of Iowa

Filed Date: Jan. 3, 2002

Closed Date: March 12, 2002

Clearinghouse coding complete

Case Summary

This is a case about a protection and advocacy (P&A) agency’s records access authority. On January 3, 2002, Iowa Protection and Advocacy Services (Iowa P&A), filed this lawsuit in the United States District Court for the Southern District of Iowa against Jessie K. Rasmussen in her official capacity as Director of Iowa’s Department of Human Services (Department). Represented by itself, Iowa P&A alleged that Rasmussen violated the Developmental Disabilities Assistance and Bill of Rights Act (DD A…

This is a case about a protection and advocacy (P&A) agency’s records access authority. On January 3, 2002, Iowa Protection and Advocacy Services (Iowa P&A), filed this lawsuit in the United States District Court for the Southern District of Iowa against Jessie K. Rasmussen in her official capacity as Director of Iowa’s Department of Human Services (Department). Represented by itself, Iowa P&A alleged that Rasmussen violated the Developmental Disabilities Assistance and Bill of Rights Act (DD Act) and the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act) when she refused to provide records requested by Iowa P&A under its DD and PAIMI Act investigations authority following the death of an individual at a Department operated facility. Judge Robert W. Pratt presided over this matter.

This lawsuit began following the death of a resident at a Department operated facility for individuals with disabilities. Iowa P&A requested all records concerning the individual’s death, including an Iowa Department of Inspections and Appeals (DIA) report. DIA is the agency responsible for internal death investigations at Department operated facilities. Rasmussen refused to provide the records requested, asserting that no abuse or neglect occurred, and that state law prevented disclosure of the records that Iowa P&A requested. On March 12, 2002, the court granted Iowa P&A’s Motion for Preliminary and Permanent Injunctive Relief, holding that they could access all the records requested under the DD and PAIMI Acts. The court found that the protection and advocacy agency determines what constitutes probable cause of abuse and neglect for records access. The court also found that the DD and PAIMI Acts pre-empted state law prohibiting the release of the DIA report. Moreover, the court determined that the work product doctrine did not bar Iowa P&A from accessing an internal investigation report prepared by Iowa’s deputy attorney general. On March 12, 2002, the court also closed the case. On September 10, 2002, the court granted Iowa P&A $727.00 in attorney’s fees.

Summary Authors

NDRN (7/9/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/2379530/parties/ia-protection-adv-v-rasmussen/


Judge(s)

Pratt, Robert W. (Iowa)

Attorney for Plaintiff

Malheiro, Sharon K. (Iowa)

Palmer, Heather Lee (Iowa)

Attorney for Defendant

Allen, Gordon E (Iowa)

Davis, Jean M (Iowa)

show all people

Documents in the Clearinghouse

Document
1

4:02-cv-90004

Complaint and Request for a Preliminary Injunction and other Injunctive and Declaratory Relief

Iowa Protection and Advocacy Services, Inc. v. Rasmussen

Jan. 3, 2002

Jan. 3, 2002

Complaint
17

4:02-cv-90004

Plaintiff's Memorandum in Support of Request for Injunctive and Declaratory Relief

Iowa Protection and Advocacy Services, Inc. v. Rasmussen

Feb. 15, 2002

Feb. 15, 2002

Pleading / Motion / Brief
18

4:02-cv-90004

Memorandum Opinion and Order

Iowa Protection and Advocacy Services, Inc. v. Rasmussen

March 12, 2002

March 12, 2002

Order/Opinion

521 F.Supp.2d 895

29

4:02-cv-90004

Application for Attorney Fees Pursuant to Court Order

Iowa Protection and Advocacy Services, Inc. v. Rasmussen

Aug. 26, 2002

Aug. 26, 2002

Pleading / Motion / Brief
30

4:02-cv-90004

Order

Iowa Protection and Advocacy Services, Inc. v. Rasmussen

Sept. 10, 2002

Sept. 10, 2002

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/2379530/ia-protection-adv-v-rasmussen/

Last updated Aug. 6, 2025, 9:50 p.m.

ECF Number Description Date Link Date / Link

FILING FEE PAID: on 1/3/02 in the amount of $ 150.00, receipt # 62768. (ld)

Jan. 3, 2002

Jan. 3, 2002

PACER
2

MOTION by plaintiff for preliminary injunction before Judge Robert W. Pratt [MULTI-EVENT PLEADING] (ld) (Entered: 01/07/2002)

Jan. 3, 2002

Jan. 3, 2002

PACER
1

COMPLAINT and Request for Preliminary Injunction and Other Injuctive and Declaratory Relief (Summons(es) issued) ; Rule 16 Dismissal Notice set for 5/3/02 ; Dismissal ddl (service) set for 5/3/02 (Expedited Hearing Requested on Preliminary Injunction) [MULTI-EVENT PLEADING] (ld) Modified on 01/07/2002 (Entered: 01/07/2002)

Jan. 3, 2002

Jan. 3, 2002

Clearinghouse
5

RETURN OF SERVICE of summons and complaint, executed upon defendant Marvin Tooman on 1/4/02 (ld) (Entered: 01/10/2002)

Jan. 9, 2002

Jan. 9, 2002

PACER
4

RETURN OF SERVICE of summons and complaint, executed upon defendant Jessie K Rasmussen on 1/4/02 (ld) (Entered: 01/10/2002)

Jan. 9, 2002

Jan. 9, 2002

PACER
3

RETURN OF SERVICE of summons and complaint, executed upon defendant Kevin Techau on 1/4/02 (ld) (Entered: 01/10/2002)

Jan. 9, 2002

Jan. 9, 2002

PACER
6

ORDER by Judge Robert W. Pratt setting hearing on motion for preliminary injunction [2-1] 10:30 1/22/02 (cc: all counsel) (ld) (Entered: 01/16/2002)

Jan. 16, 2002

Jan. 16, 2002

PACER
8

STATEMENT of Interest by plaintiff (ld) (Entered: 01/24/2002)

Jan. 22, 2002

Jan. 22, 2002

PACER
7

RETURN OF SERVICE of summons and complaint, executed upon defendant Michael J Davis on 1/9/02 (ld) (Entered: 01/22/2002)

Jan. 22, 2002

Jan. 22, 2002

PACER
9

ORDER by Judge Robert W. Pratt setting hearing on motion for preliminary injunction [2-1] 11:00 2/22/02 (cc: all counsel) (ld) (Entered: 02/06/2002)

Feb. 6, 2002

Feb. 6, 2002

PACER
15

MEMORANDUM in support [14-1] of motion response (ld) (Entered: 02/08/2002)

Feb. 8, 2002

Feb. 8, 2002

PACER
14

RESISTANCE by defs' Kevin Techau, Marvin Tooman to motion for preliminary injunction before Judge Robert W. Pratt [2-1] (ld) (Entered: 02/08/2002)

Feb. 8, 2002

Feb. 8, 2002

PACER
13

MEMORANDUM in support [12-1] of motion response (ld) (Entered: 02/08/2002)

Feb. 8, 2002

Feb. 8, 2002

PACER
12

RESISTANCE by defs' Jessie K Rasmussen, Michael J Davis to motion for preliminary injunction before Judge Robert W. Pratt [2-1] (ld) (Entered: 02/08/2002)

Feb. 8, 2002

Feb. 8, 2002

PACER
11

ANSWER by defendant Jessie K Rasmussen, defendant Michael J Davis complaint [1-1] (ld) (Entered: 02/08/2002)

Feb. 8, 2002

Feb. 8, 2002

PACER
10

ANSWER by defendant Kevin Techau, defendant Marvin Tooman complaint [1-1] (ld) (Entered: 02/08/2002)

Feb. 8, 2002

Feb. 8, 2002

PACER
17

MEMORANDUM by plaintiff in support [2-1] of request for injunctive and other declaratory relief before Judge Robert W. Pratt (ld) (Entered: 02/19/2002)

Feb. 15, 2002

Feb. 15, 2002

Clearinghouse
16

MOTION by plaintiff for permission to file overlength memorandum and ORDER granting motion [16-1] /s/JRR, Clerk (cc: all counsel) (ld) (Entered: 02/19/2002)

Feb. 15, 2002

Feb. 15, 2002

PACER
19

JUDGMENT: signed by L. DeFrancisco re [18-2] order (cc: all counsel) (ld) (Entered: 03/12/2002)

March 12, 2002

March 12, 2002

PACER
18

MEMORANDUM, OPINION, AND ORDER: by Judge Robert W. Pratt granting motion for preliminary injunction [2-1] dismissing case -- the Court hereby permanently enjoins the Iowa Dept. of Investigations and Appeals and the Dept. of Human Services from withholding the section of the Randall Hines Report pertaining to the Woodward facility, the Depart. of Inspections and Appeals findings on the allegations of abuse of Larry Tielebein, and the minutes of the mortality review committee meeting on the death of Larry Tielebein. (cc: all counsel) (ld) (Entered: 03/12/2002)

March 12, 2002

March 12, 2002

Clearinghouse
20

MOTION by plaintiff for attorney fees before Judge Robert W. Pratt (ld) (Entered: 04/18/2002)

April 17, 2002

April 17, 2002

PACER
22

MEMORANDUM in support [21-1] of motion to strike motion for attorney fees and costs [20-1] before Judge Robert W. Pratt (ld) (Entered: 04/22/2002)

April 19, 2002

April 19, 2002

PACER
21

MOTION by defendants' to strike motion for attorney fees and costs [20-1] before Judge Robert W. Pratt (ld) (Entered: 04/22/2002)

April 19, 2002

April 19, 2002

PACER
24

MEMORANDUM by plaintiff in support [23-1] of motion response (ld) (Entered: 04/24/2002)

April 23, 2002

April 23, 2002

PACER
23

RESISTANCE by plaintiff Ia Protection Adv to motion to strike motion for attorney fees and costs [20-1] before Judge Robert W. Pratt [21-1] (ld) (Entered: 04/24/2002)

April 23, 2002

April 23, 2002

PACER
25

ORDER by Judge Robert W. Pratt denying motion to strike motion for attorney fees and costs [20-1] [21-1], granting motion for attorney fees [20-1] -- see order for specifics... (cc: all counsel) (ld) (Entered: 06/20/2002)

June 20, 2002

June 20, 2002

PACER
26

RESISTANCE by defendants' to and recalcultion of, attoreneys' fees. (ld) (Entered: 07/18/2002)

July 17, 2002

July 17, 2002

PACER
27

REPLY by plaintiff to defs' second resistance to plntfs' application for attorney fees. (ld) (Entered: 07/22/2002)

July 19, 2002

July 19, 2002

PACER
28

ORDER by Judge Robert W. Pratt -- plntfs' may supplement their fee application with costs to defend against defs' current motion and add interest for fees that as of yet remain unpaid from 6/20/02 to date of this order. (cc: all counsel) (ld) (Entered: 08/19/2002)

Aug. 19, 2002

Aug. 19, 2002

PACER
29

MOTION by plaintiff Ia Protection Adv for attorney fees before Judge Robert W. Pratt (ld) (Entered: 08/27/2002)

Aug. 26, 2002

Aug. 26, 2002

RECAP
30

ORDER by Judge Robert W. Pratt granting motion for attorney fees [29-1] -- def' ordered to pay plntf' $727.00 for fees. SEE ORDER FOR SPECIFICS... (cc: all counsel) (ld) (Entered: 09/11/2002)

Sept. 10, 2002

Sept. 10, 2002

RECAP

Case Details

State / Territory: Iowa

Case Type(s):

Disability Rights

Key Dates

Filing Date: Jan. 3, 2002

Closing Date: March 12, 2002

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

Iowa Department of Human Services, State

Facility Type(s):

Government-run

Case Details

Causes of Action:

Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.

Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Amount Defendant Pays: 727.00

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing