Case: Equip for Equality v. Ingalls Memorial Hospital

1:03-cv-00797 | U.S. District Court for the Northern District of Illinois

Filed Date: Feb. 3, 2003

Clearinghouse coding complete

Case Summary

This case is about the scope of a Protection and Advocacy agency’s (P&A) facilities and patient access authority. On February 3, 2003, Equip for Equality, Inc., Illinois’s P&A, filed this lawsuit in the U.S. District Court for the Northern District of Illinois. Equip for Equality filed this lawsuit against Ingalls Memorial Hospital (Ingalls), a private hospital offering outpatient and inpatient psychiatric services. This case arose because Equip for Equality were denied entry to monitor Ingalls…

This case is about the scope of a Protection and Advocacy agency’s (P&A) facilities and patient access authority. On February 3, 2003, Equip for Equality, Inc., Illinois’s P&A, filed this lawsuit in the U.S. District Court for the Northern District of Illinois. Equip for Equality filed this lawsuit against Ingalls Memorial Hospital (Ingalls), a private hospital offering outpatient and inpatient psychiatric services. This case arose because Equip for Equality were denied entry to monitor Ingalls with reasonable unaccompanied access and educate patients and staff on multiple occasions in 2002. Ingalls asserted that Equip for Equality could only access the facility if they obtained a court order, were conducting an investigation, or received a complaint from a patient. Represented by itself, Equip for Equality alleged that Ingalls violated the federal and Illinois Protection and Advocacy for Individuals with Mental Illness (PAIMI) Acts by not letting them access the facility. Equip for Equality also sought reasonable, unaccompanied access to Ingalls twenty-four hours per day. Magistrate Judge Morton Denlow presided over the dispute.

On November 25, 2003, the court granted Equip for Equality’s Motion for Summary Judgement as a matter of law to monitor Ingalls unannounced and unaccompanied during, at a minimum, all normal business hours. However, the court did not determine as a matter of law that Equip for Equality could access Ingalls for monitoring twenty-four hours a day. The court ordered the parties to develop protocol for future facilities access. On August 5, 2004, the court adopted protocols that permitted Equip for Equality to have spontaneous conversations with patients on Ingalls’s inpatient psychiatric units while monitoring, and that defined reasonable unaccompanied access to the facility as access from 6:00 a.m. to 12:00 a.m. 92 F.Supp.2d 1086. Equip for Equality v. Ingalls, 329 F. Supp.2d 982 (N.D. Illinois 2004).

Summary Authors

NDRN (9/11/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5310824/parties/equip-for-equality-v-ingalls-memorial/


Judge(s)

Denlow, Morton (Illinois)

Attorney for Plaintiff

Mason, Byron L. (Illinois)

Attorney for Defendant

Rowland, David J. (Illinois)

Schurgin, William Price (Illinois)

Willard, Alison Bowman (Illinois)

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Documents in the Clearinghouse

Document
1

1:03-cv-00797

Complaint for Injunctive and Declaratory Relief

Equip for Equality v. Ingalls Memorial Hosp

Feb. 3, 2003

Feb. 3, 2003

Complaint
14

1:03-cv-00797

Motion for Summary Judgement

Equip for Equality v. Ingalls Memorial Hosp

Aug. 19, 2003

Aug. 19, 2003

Pleading / Motion / Brief
35

1:03-cv-00797

Memorandum Opinion and Order

Equip for Equality v. Ingalls Memorial Hosp

Nov. 25, 2003

Nov. 25, 2003

Order/Opinion

292 F.Supp.2d 292

48

1:03-cv-00797

Plaintiff Equip for Equality's Memorandum in Support of its Proposed Order for Access to Ingalls Memorial Hospital

Equip for Equality v. Ingalls Memorial Hosp

July 9, 2004

July 9, 2004

Pleading / Motion / Brief
58

1:03-cv-00797

Memorandum Opinion and Order

Equip for Equality v. Ingalls Memorial Hosp

Aug. 5, 2004

Aug. 5, 2004

Order/Opinion

329 F.Supp.2d 329

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5310824/equip-for-equality-v-ingalls-memorial/

Last updated Feb. 24, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT - Civil cover sheet - Appearance(s) of Byron L. Mason as attorney(s) for plaintiff (No summons(es) issued. (Documents: 1-1 through 1-3) (vmj) (Entered: 02/04/2003)

Feb. 3, 2003

Feb. 3, 2003

Clearinghouse

RECEIPT regarding payment of filing fee paid; on 2/3/03 in the amount of $ 150.00, receipt # 10317892. (vmj)

Feb. 3, 2003

Feb. 3, 2003

PACER

SUMMONS issued one original and one copy as to Ingalls Memorial Hospital (gcy)

Feb. 7, 2003

Feb. 7, 2003

PACER
2

ATTORNEY APPEARANCE for defendant by David J. Rowland, Alison Bowman Willard (gcy) (Entered: 03/05/2003)

March 4, 2003

March 4, 2003

PACER
3

UNOPPOSED MOTION by defendant for extension of time to file an answer or otherwise plead to complaint ; Notice. (gcy) (Entered: 03/12/2003)

March 4, 2003

March 4, 2003

PACER
4

MINUTE ORDER of 3/11/03 by Hon. James H. Alesia : Status hearing set for 03/27/03 at 9:30 a.m. Defendant's unopposed motion for extension of time to 03/25/03 to file an answer or otherwise plead to complaint is granted [3-1]. Mailed notice (gcy) (Entered: 03/12/2003)

March 11, 2003

March 11, 2003

PACER
5

ANSWER by defendant and affirmative defenses to complaint [1-1]; Notice. (gcy) (Entered: 03/26/2003)

March 25, 2003

March 25, 2003

PACER

SCHEDULE set on 3/27/03 by Hon. James H. Alesia : Status hearing held and continued to 9:30 4/3/03 . Mailed notice (clw)

March 27, 2003

March 27, 2003

PACER
6

CONSENT by Equip for Equality to exercise of jurisdiction by a United States Magistrate Judge. (gcy) (Entered: 04/07/2003)

April 3, 2003

April 3, 2003

PACER
7

CONSENT by defendant Ingalls Memorial to exercise of jurisdiction by a United States Magistrate Judge. (gcy) (Entered: 04/07/2003)

April 3, 2003

April 3, 2003

PACER
8

REASSIGNMENT ORDER of 4/4/03 This case is reassigned to the Honorable Morton Denlow from the Honorable James H. Alesia pursuant to Local Rule 73.1. (For further detail see reverse of order.) Mailed notice (gcy) (Entered: 04/07/2003)

April 4, 2003

April 4, 2003

PACER

SCHEDULE set on 4/8/03 by Hon. Morton Denlow : Status hearing set to 10:00 5/13/03 before Magistrate Judge Morton Denlow in Courtroom 1350. Parties shall deliver a copy of an initial status report to chambers, Room 1356, 3 business days before the initial status hearing. If the parties have recently prepared and filed an initial status report, the submission of the previously filed initial status report is sufficient. Mailed notice (dmk)

April 8, 2003

April 8, 2003

PACER
9

AGREED MOTION by plaintiff for extension of time to answer or otherwise plead in response to defendant's affirmative defenses ; Notice (hp) (Entered: 04/23/2003)

April 17, 2003

April 17, 2003

PACER
10

MINUTE ORDER of 4/22/03 by Hon. Morton Denlow : Plaintiff's agreed motion for extension of time to 05/02/03 to answer or otherwise plead in response to defendant's affirmative defenses is granted. [9-1] Mailed notice (hp) (Entered: 04/23/2003)

April 22, 2003

April 22, 2003

PACER
11

ANSWER by plaintiff to affirmative defenses; Notice. (gcy) (Entered: 05/05/2003)

May 2, 2003

May 2, 2003

PACER
12

JOINT STATUS REPORT by parties. (gcy) (Entered: 05/12/2003)

May 9, 2003

May 9, 2003

PACER

SCHEDULE set on 5/13/03 by Hon. Morton Denlow : Status hearing held and continued to 10:00 7/15/03. Discovery ordered closed on 8/31/03. Mailed notice (dmk)

May 13, 2003

May 13, 2003

PACER

SCHEDULE set on 7/15/03 by Hon. Morton Denlow : Status hearing held and continued to 10:00 8/14/03. Mailed notice (dmk)

July 15, 2003

July 15, 2003

PACER
13

MINUTE ORDER of 8/14/03 by Hon. Morton Denlow : Answer brief to plaintiff's motion for summary judgment due 09/30/03. Reply to answer brief due 10/21/03. Hearing on plaintiff's motion for summary judgment set for 10/29/03 at 10:00 a.m. Status hearing held. Mailed notice by judge's staff (gcy) (Entered: 08/15/2003)

Aug. 14, 2003

Aug. 14, 2003

PACER
14

MOTION by plaintiff Equip for Equality for summary judgment ; Rule 56.1(a)(3) Statement of material facts; Memorandum of law in support; Notice (rmm) Modified on 08/21/2003 (Entered: 08/21/2003)

Aug. 19, 2003

Aug. 19, 2003

Clearinghouse
15

EXHIBITS by plaintiff Equip for Equality in support of its motion for summary judgment [14-1] (1 vol) (rmm) (Entered: 08/21/2003)

Aug. 19, 2003

Aug. 19, 2003

PACER
16

NOTICE by plaintiff's attorney of change of address (rmm) (Entered: 08/21/2003)

Aug. 20, 2003

Aug. 20, 2003

PACER
18

AGREED MOTION by plaintiff for extension of time to file motion for summary judgment and modify briefing schedule ; Notice. (gcy) Modified on 09/04/2003 (Entered: 09/04/2003)

Aug. 20, 2003

Aug. 20, 2003

PACER
17

AMENDED AGREED MOTION by plaintiff for extension of time for extension of time to file motion for summary judgment and modify briefing schedule ; Notice. (gcy) (Entered: 09/04/2003)

Sept. 2, 2003

Sept. 2, 2003

PACER
19

MINUTE ORDER of 9/2/03 by Hon. Morton Denlow : Plaintiff's agreed motion for extension of time to file motion for summary judgment [17-1] and modify briefing schedule [17-2] is withdrawn. Plaintiff's amended agreed motion motion for extension of time to file motion for summary judgment [18-1] and modify briefing schedule is granted [18-2]. Defendant's answer brief to plaintiff's motion for summary judgment [14-1] due 10/07/03. Plaintiff's reply due 10/29/03. Oral argument reset on motion for summary judgment for 11/06/03 at 10:30 a.m. Oral argument set for 10/29/03 is stricken. Mailed notice by judge's staff (gcy) (Entered: 09/04/2003)

Sept. 2, 2003

Sept. 2, 2003

PACER
20

UNOPPOSED MOTION by defendant for extension of time to respond to plaintiff's motion for summary judgment ; Notice. (gcy) (Entered: 10/10/2003)

Oct. 7, 2003

Oct. 7, 2003

PACER
21

MINUTE ORDER of 10/8/03 by Hon. Morton Denlow : Defendant's unopposed motion for extension of time to respond to plaintiff's motion for summary judgment is granted [20-1]. Mailed notice by judge's staff (gcy) (Entered: 10/10/2003)

Oct. 8, 2003

Oct. 8, 2003

PACER
22

RESPONSE by defendant to plaintiff's motion for summary judgment. (gcy) (Entered: 10/16/2003)

Oct. 15, 2003

Oct. 15, 2003

PACER
23

LR RULE 56.1(b)(3) Statement of facts in response to plaintiff's motion for summary judgment. (gcy) (Entered: 10/16/2003)

Oct. 15, 2003

Oct. 15, 2003

PACER
24

DECLARATION of Anil Gandhi, M.D. (Attachments). (gcy) (Entered: 10/16/2003)

Oct. 15, 2003

Oct. 15, 2003

PACER
25

MINUTE ORDER of 10/16/03 by Hon. Morton Denlow : Oral argument reset on motions for summary judgment [14-1] for 11/18/03 at 10:30 a.m. on the court's request. Oral argument set for 11/6/03 is stricken. Mailed notice by judge's staff. (aga) (Entered: 10/17/2003)

Oct. 16, 2003

Oct. 16, 2003

PACER
26

AGREED MOTION by plaintiff for an extension of time to file reply to defendant's response to plaintiff's motion for summmary judgment ; Notice. (gcy) (Entered: 10/29/2003)

Oct. 28, 2003

Oct. 28, 2003

PACER
27

MINUTE ORDER of 10/31/03 by Hon. Morton Denlow : Plaintiff's agreed motion for an extension of time to 11/07/03 to reply to defendant's response to plaintiff's motion for summmary judgment is granted [26-1]. Mailed notice by judge's staff (gcy) (Entered: 11/03/2003)

Oct. 31, 2003

Oct. 31, 2003

PACER
29

MOTION by plaintiff to strike declaration of Dr. Gandhi ; Memorandum of law in support; Notice. (gcy) (Entered: 11/13/2003)

Nov. 6, 2003

Nov. 6, 2003

PACER
30

REPLY by plaintiff to defendant's response to plaintiff's motion for summary judgment (Attachments). (gcy) (Entered: 11/13/2003)

Nov. 6, 2003

Nov. 6, 2003

PACER
28

NOTICE by plaintiff of memorandum in support of motion to strike the affidavit of Anil Gandhi, M.D. and plaintiff's reply to defendant's response to plaintiff's motion for summary judgment. (gcy) (Entered: 11/10/2003)

Nov. 7, 2003

Nov. 7, 2003

PACER
31

MINUTE ORDER of 11/12/03 by Hon. Morton Denlow : Plaintiff's motion to strike the declaration of Anil Gandhi, M.D. is withdrawn without prejudice [29-1]. Plaintiff to respond to Local Rule 56.1 (b)(3) statement of facts on or by 11/14/03. Defendant to respond to plaintiff's renewed motion to strike on or by 11/14/03. Mailed notice by judge's staff (gcy) (Entered: 11/13/2003)

Nov. 12, 2003

Nov. 12, 2003

PACER
32

RESPONSE by defendant to plaintiff's motion to strike declaration of Dr. Gandhi [29-1]. (ntf) (Entered: 11/17/2003)

Nov. 14, 2003

Nov. 14, 2003

PACER
33

RESPONSE by plaintiff to LR 56.1(b)(3) statement of facts [23-1]; Notice. (ntf) (Entered: 11/17/2003)

Nov. 14, 2003

Nov. 14, 2003

PACER
34

MINUTE ORDER of 11/18/03 by Hon. Morton Denlow : Oral argument held on plaintiff's motion for summary judgment [14-1]. Motion taken under advisement. Ruling to be made b mail. on or by 12/02/03. No notice. (gcy) (Entered: 11/19/2003)

Nov. 18, 2003

Nov. 18, 2003

PACER
35

MINUTE ORDER of 11/25/03 by Hon. Morton Denlow : Status hearing set for 01/08/04 at 10:00 a.m. Entered Memorandum Opinion Order. Plaintiff's motion for summary judgment [14-1] is granted in part and denied in part. Declaratory judgment is entered against Ingalls and Ingalls is hereby permanently enjoined from denying Equip for Equality, Inc. reasonable access to its inpatient units located at the Wyman Gordon Pavilion. This Court retains jurisdiction to enforce the injunction. The Parties are required to meet and to develop a protocol consistent with this opinion for presentation within thirty-five (35) days. Mailed notice by judge's staff (gcy) (Entered: 11/26/2003)

Nov. 25, 2003

Nov. 25, 2003

Clearinghouse
36

UNOPPOSED MOTION by defendant for extension of time to develop access protocol and for postponement of status hearing ; Notice. (gcy) (Entered: 01/07/2004)

Jan. 5, 2004

Jan. 5, 2004

PACER
37

MINUTE ORDER of 1/6/04 by Hon. Morton Denlow : Status hearing re-set for 01/27/04 at 10:00 a.m. Defendant's unopposed motion for extension of time to develop access protocol and for postponement of status hearing is granted [36-1]. Status hearing set for 01/08/04 is stricken. Mailed notice by judge's staff (gcy) (Entered: 01/07/2004)

Jan. 6, 2004

Jan. 6, 2004

PACER
38

SECOND UNOPPOSED MOTION by defendant for extension of time to develop access protocol and for postponement of status hearing ; Notice. (gcy) (Entered: 01/28/2004)

Jan. 26, 2004

Jan. 26, 2004

PACER
39

MINUTE ORDER of 1/27/04 by Hon. Morton Denlow : Status hearing re-set for 03/09/04 at 10:00 a.m. Defendant second unopposed motion for extension of time develop access protocol and for postponement of status hearing is granted [38-1]. Status hearing set for 01/27/04 is stricken. Mailed notice by judge's staff (gcy) (Entered: 01/28/2004)

Jan. 27, 2004

Jan. 27, 2004

PACER
40

THIRD UNOPPOSED MOTION by defendant for extension of time to develop access protocol and for postponement of status hearing ; Notice. (gcy) (Entered: 03/10/2004)

March 5, 2004

March 5, 2004

PACER
41

MINUTE ORDER of 3/9/04 by Hon. Morton Denlow : Status hearing set for 4/27/04 at 10:00 a.m. Defendant's third unopposed motion for extension of time to develop access protocol and for postponement of status hearing is granted [40-1]. Status hearing set for 03/09/04 is stricken. Mailed notice by judge's staff (gcy) (Entered: 03/10/2004)

March 9, 2004

March 9, 2004

PACER

SCHEDULE set on 4/27/04 by Hon. Morton Denlow : Status hearing held and continued to 10:00 5/27/04 . Mailed notice (dmk)

April 27, 2004

April 27, 2004

PACER
42

ATTORNEY APPEARANCE for defendant by William Price Schurgin (Attachments). (gcy) (Entered: 04/28/2004)

April 27, 2004

April 27, 2004

PACER
43

MINUTE ORDER of 5/27/04 by Hon. Morton Denlow: Status hearing held. Parties are to meet on or by 6/21/04 to attempt to resolve protocol issues. If protocol issues have not been resolved, the parties are to submit their proposed protocol with a brief memorandum on or by 6/25/04. Oral argument set for 6/30/04 at 11:30 a.m. on the proposed protocol. Mailed notice by judge's staff. (gma) (Entered: 05/28/2004)

May 27, 2004

May 27, 2004

PACER
44

MOTION by plaintiff Equip for Equality motion to mofify briefing schedule and reset date for oral arguments ; Notice. (gcy) (Entered: 07/01/2004)

June 25, 2004

June 25, 2004

PACER
45

MINUTE ORDER of 6/30/04 by Hon. Morton Denlow : Plaintiff's motion motion to mofify briefing schedule and reset date for oral arguments is granted [44-1]. The parties to file memorandums of law in support of separate proposed protocols by 6/30/04. Oral argument is reset to 7/19/04 at 9:30 a.m. Mailed notice (gcy) (Entered: 07/01/2004)

June 30, 2004

June 30, 2004

PACER
46

JOINT MOTION by parties to modify briefing schedule ; Notice. (gcy) (Entered: 07/09/2004)

July 8, 2004

July 8, 2004

PACER
47

MINUTE ORDER of 7/8/04 by Hon. Morton Denlow : Joint motion to modify briefing schedule is granted [46-1]. The Court extends the date to 7/7/04 for the parties to file memorandums of law in support of separately proposed protocols. Mailed notice by judge's staff (gcy) (Entered: 07/09/2004)

July 8, 2004

July 8, 2004

PACER
48

MEMORANDUM by plaintiff in support of its proposed order for access to Ingalls Memorial Hospital; Notice (cdy) Modified on 07/12/2004 (Entered: 07/12/2004)

July 9, 2004

July 9, 2004

Clearinghouse
49

MOTION by plaintiff Equip for Equality for leave to file memorandum in support of proposed protocol ; Notice (rmm) (Entered: 07/15/2004)

July 9, 2004

July 9, 2004

PACER
50

MOTION by defendant instanter for leave to file its memorandum of law in support of its proposed access protocol (rmm) (Entered: 07/15/2004)

July 9, 2004

July 9, 2004

PACER
51

MINUTE ORDER of 7/14/04 by Hon. Morton Denlow : Plaintiff's motion for leave to file memorandum in support of proposed order is granted [49-1]. Defendant's motion instanter for leave to file its memorandum of law in support of its proposed access is granted [50-1]. Mailed notice (rmm) (Entered: 07/15/2004)

July 14, 2004

July 14, 2004

PACER
52

MEMORANDUM of law by defendant in support of its proposed access protocol (Attachments) (rmm) (Entered: 07/15/2004)

July 14, 2004

July 14, 2004

PACER
53

MINUTE ORDER of 7/19/04 by Hon. Morton Denlow : Oral argument held on the proposed protocol. Protocol taken under advisment. Ruling by mail on ro by 8/9/04. Mailed notice by judge's staff (gcy) (Entered: 07/20/2004)

July 19, 2004

July 19, 2004

PACER
54

MOTION by plaintiff for leave to file supplemental memorandum opposing entry of court-ordered protocol against Equip for Equality, Absent Consent ; Notice. (gcy) (Entered: 08/03/2004)

July 22, 2004

July 22, 2004

PACER
55

MINUTE ORDER of 8/2/04 by Hon. Morton Denlow : Motion hearing held. Plaintiff's motion for leave to file supplemental memorandum opposing entry of court-ordered protocol against Equip for Equality, Absent Consent is granted [54-1]. Hearing concerning future action by the Court is continued to 8/4/04 at 9:15 a.m. Defendant to submit a written response or oral argument by 8/4/04 at 9:15 a.m. Mailed notice (gcy) (Entered: 08/03/2004)

Aug. 2, 2004

Aug. 2, 2004

PACER
56

SUPPLEMENTAL MEMORANDUM by plaintiff opposing entry of court-ordered protocol against Equip for Equality, Absent Consent. (gcy) (Entered: 08/03/2004)

Aug. 2, 2004

Aug. 2, 2004

PACER
57

RESPONSE by defendant to plaintiff's supplemental memorandum. (gcy) (Entered: 08/05/2004)

Aug. 4, 2004

Aug. 4, 2004

PACER
58

MINUTE ORDER of 8/5/04 by Hon. Morton Denlow : Entered Memorandum Opinion and Order. The Court adopts the protocol attached hereto and retains jurisdictions to enforce the same. Judgment is entered in favor of plaintiff Equip for Equality, Inc. and against defendant Ingalls Memorial Hospital. terminating case Mailed notice (gcy) (Entered: 08/09/2004)

Aug. 5, 2004

Aug. 5, 2004

Clearinghouse
59

ENTERED JUDGMENT. (gcy) (Entered: 08/09/2004)

Aug. 5, 2004

Aug. 5, 2004

PACER
60

TRANSCRIPT of Proceedings before Judge Morton Denlow held on 11/18/03,7/19/04 (Volumes 2). (gcy, ) (Entered: 07/06/2005)

June 23, 2005

June 23, 2005

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Disability Rights

Key Dates

Filing Date: Feb. 3, 2003

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

protection and advocacy agency

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

Ingalls Memorial Hosp, Non-profit or advocacy

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

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

Available Documents:

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Records Disclosure

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing