Filed Date: Jan. 3, 2002
Closed Date: March 12, 2002
Clearinghouse coding complete
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)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/2379530/parties/ia-protection-adv-v-rasmussen/
Pratt, Robert W. (Iowa)
Malheiro, Sharon K. (Iowa)
Palmer, Heather Lee (Iowa)
Allen, Gordon E (Iowa)
Davis, Jean M (Iowa)
See docket on RECAP: https://www.courtlistener.com/docket/2379530/ia-protection-adv-v-rasmussen/
Last updated Aug. 6, 2025, 9:50 p.m.
State / Territory: Iowa
Case Type(s):
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):
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:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Amount Defendant Pays: 727.00
Issues
Disability and Disability Rights: