Case: Indiana Disability Rights v. NeuroPsychiatric Hospitals

1:18-cv-02106 | U.S. District Court for the Southern District of Indiana

Filed Date: July 11, 2018

Closed Date: Jan. 23, 2019

Clearinghouse coding complete

Case Summary

This case is about a Protection and Advocacy agency’s (P&A) ability to monitor psychiatric facilities. On July 11, 2018, Indiana Disability Rights- Indiana’s P&A- filed this lawsuit in U.S. District Court for the Southern District of Indiana. Indiana Disability Rights filed this lawsuit against Neuropsychiatric Hospitals under the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act). Represented by itself, Indiana Disability Rights sought declaratory and injunctive relief…

This case is about a Protection and Advocacy agency’s (P&A) ability to monitor psychiatric facilities. On July 11, 2018, Indiana Disability Rights- Indiana’s P&A- filed this lawsuit in U.S. District Court for the Southern District of Indiana. Indiana Disability Rights filed this lawsuit against Neuropsychiatric Hospitals under the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act). Represented by itself, Indiana Disability Rights sought declaratory and injunctive relief that Neuropsychiatric Hospitals violated the PAIMI Act by denying them access to monitor their facilities. The lawsuit was initially assigned to Judge William T. Lawrence, but was reassigned to Judge James R. Sweeney II on September 24, 2018. Indiana Disability Rights claimed that Neuropsychiatric Hospitals violated the PAIMI Act by not letting them monitor one of their psychiatric hospitals. Neuropsychiatric Hospitals filed a counterclaim against Indiana Disability Rights for abuse of process. On December 21, 2018, the parties settled their dispute and on January 23, 2019, Judge Sweeney dismissed the lawsuit with prejudice.

Summary Authors

NDRN (9/11/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7410005/parties/indiana-disability-rights-v-neuropsychiatric-hospitals-llc/


Judge(s)

Sweeney, James Russell (Indiana)

Attorney for Defendant

Delk, Jason R. (Indiana)

Gray, Nikki G. (Indiana)

Keyes, Melissa (Indiana)

McNally, Michael T. (Indiana)

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Documents in the Clearinghouse

Document
1

1:18-cv-02106

Complaint for Damages, Declarative and Injunctive Relief

Indiana Disability Rights v. Neuropsychiatric Hospitals

July 11, 2018

July 11, 2018

Complaint
11

1:18-cv-02106

Defendant's Answer, Affirmative Defenses and Counterclaim to Plaintiff's Complaint

Sept. 4, 2018

Sept. 4, 2018

Pleading / Motion / Brief
20

1:18-cv-02106

Order Denying Motion to Dismiss Counterclaims (Filing No. 13)

Oct. 16, 2018

Oct. 16, 2018

Order/Opinion
25

1:18-cv-02106

Indiana Disability Rights' Memorandum of Law in Support of its Motion to Dismiss the Amended Counterclaims by Neuropsychiatric Hospitals

Indiana Disability Rights v. Neuropsychiatric Hospitals

Nov. 27, 2018

Nov. 27, 2018

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7410005/indiana-disability-rights-v-neuropsychiatric-hospitals-llc/

Last updated Feb. 24, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against NEUROPSYCHIATRIC HOSPITALS, LLC, filed by INDIANA DISABILITY RIGHTS. (Filing fee $400, receipt number 0756-4964580) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Keyes, Melissa) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

Clearinghouse
2

NOTICE of Appearance by Melissa Keyes on behalf of Plaintiff INDIANA DISABILITY RIGHTS. (Keyes, Melissa) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
3

NOTICE of Appearance by Nikki G. Ashmore on behalf of Plaintiff INDIANA DISABILITY RIGHTS. (Ashmore, Nikki) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
4

Summons Issued as to NEUROPSYCHIATRIC HOSPITALS LLC. (HET) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
5

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (HET) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
6

RETURN of USM Service by INDIANA DISABILITY RIGHTS. NEUROPSYCHIATRIC HOSPITALS LLC served on 7/16/2018. (Attachments: # 1 Receipt certified mail receipt)(Ashmore, Nikki) (Entered: 07/25/2018)

July 25, 2018

July 25, 2018

PACER
7

NOTICE of Appearance by Jason R. Delk on behalf of Defendant NEUROPSYCHIATRIC HOSPITALS LLC. (Delk, Jason) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
8

NOTICE of Appearance by Michael T. McNally on behalf of Defendant NEUROPSYCHIATRIC HOSPITALS LLC. (McNally, Michael) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
9

NOTICE of Automatic Initial Extension of Time to Respond to Plaintiff's Complaint, filed by Defendant NEUROPSYCHIATRIC HOSPITALS LLC (Delk, Jason) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
10

Corporate Disclosure Statement by NEUROPSYCHIATRIC HOSPITALS LLC. (Delk, Jason) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
11

Defendant's ANSWER to Complaint Affirmative Defenses and, COUNTERCLAIM against INDIANA DISABILITY RIGHTS, filed by All Defendants.(McNally, Michael) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

Clearinghouse
12

SCHEDULING ORDER: Initial Pretrial Conference set for 10/9/2018 10:30 AM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. If a proposed Case Management Plan ("CMP") has not yet been filed, the parties are ordered to confer prior to the initial pretrial conference and prepare a proposed CMP. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 9/17/2018.(SWM) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

PACER
13

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Counter Defendant INDIANA DISABILITY RIGHTS. (Attachments: # 1 Text of Proposed Order)(Ashmore, Nikki) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

PACER
14

BRIEF/MEMORANDUM in Support re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Counter Defendant INDIANA DISABILITY RIGHTS. (Ashmore, Nikki) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

PACER
15

Reassignment of Case to Judge James R. Sweeney II. Judge William T. Lawrence is no longer assigned to this case. Please include the new case number ( 1:18-cv-2106-JRS-TAB), which includes the initials of the newly assigned judge, on all future filings in this matter. (WMK) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

PACER
16

Proposed CASE MANAGEMENT PLAN TENDERED, filed by Defendant NEUROPSYCHIATRIC HOSPITALS LLC . (McNally, Michael) (Entered: 10/05/2018)

Oct. 5, 2018

Oct. 5, 2018

PACER
17

AMENDED ANSWER to Plaintiff's Complaint, THIRD PARTY COMPLAINT against DAWN ADAMS, COUNTERCLAIM against INDIANA DISABILITY RIGHTS, filed by Defendant NEUROPSYCHIATRIC HOSPITALS LLC. (McNally, Michael) Modified on 10/9/2018 (NLR). (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
18

ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Parties appeared by counsel on 10/9/2018, for an Initial Pretrial Conference. Dispositive Motions due by 7/11/2019. Discovery due by 5/13/2019. Signed by Magistrate Judge Tim A. Baker on 10/16/2018.(SWM) (Entered: 10/17/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
19

ORDER Setting Settlement Conference and Related Deadlines: Settlement Conference set for 12/21/2018 09:00 AM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. Three business days before the scheduled conference, the parties shall submit (not file) to the Magistrate Judge a confidential settlement statement. See Order for additional information. Copy to Dawn Adams via US Mail. Signed by Magistrate Judge Tim A. Baker on 10/16/2018.(SWM) (Entered: 10/17/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
20

ORDER Denying Motion to Dismiss Counterclaims (Filing No. 13) - The Amended Counterclaim supersedes the original Counterclaim, Massey v. Helman, 196 F.3d 727, 735 (7th Cir. 1999); therefore, Plaintiff's Motion to Dismiss (Filing No. 13 ) is denied as moot (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge James R. Sweeney II on 10/16/2018. Copy to Defendant via US Mail. (DWH) (Entered: 10/17/2018)

Oct. 16, 2018

Oct. 16, 2018

Clearinghouse
21

Notice of Extension of Time to November 27, 2018 to respond to counter claims, filed by Counter Defendant INDIANA DISABILITY RIGHTS. (Attachments: # 1 Text of Proposed Order)(Ashmore, Nikki) Modified on 11/1/2018 (ADH). (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER
22

NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Nikki G. Ashmore hereby notifies the Clerk of the court of changed contact information. (Ashmore, Nikki) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
23

Witness List Preliminary,and Exhibit List filed by Plaintiff INDIANA DISABILITY RIGHTS. (Gray, Nikki) Modified on 11/20/2018 (JDC). (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

PACER
24

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Counter Defendant INDIANA DISABILITY RIGHTS. (Attachments: # 1 Text of Proposed Order)(Gray, Nikki) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
25

BRIEF/MEMORANDUM in Support re 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Counter Defendant INDIANA DISABILITY RIGHTS. (Gray, Nikki) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

Clearinghouse
26

NOTICE of Appearance by Nikki G. Gray on behalf of Third Party Defendant Dawn Adams. (Gray, Nikki) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
27

NOTICE of Appearance by Melissa Keyes on behalf of Third Party Defendant Dawn Adams. (Keyes, Melissa) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
28

Witness List Preliminary, filed by Defendant NEUROPSYCHIATRIC HOSPITALS LLC. (Delk, Jason) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
29

Exhibit List Preliminary, filed by Defendant NEUROPSYCHIATRIC HOSPITALS LLC. (Delk, Jason) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
30

TRIAL SETTING AND NOTICE OF FINAL PRETRIAL CONFERENCE - Final Pretrial Conference set for 2/13/2020 at 9:00 AM in room #246, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge James R. Sweeney II. Jury Trial set for 3/2/2020 at 9:00 AM in room #246, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge James R. Sweeney II. Counsel are reminded of the required pretrial preparation deadlines set forth in paragraph VIII of the case management plan. Signed by Judge James R. Sweeney II on 12/4/2018.(JDC) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
31

RESPONSE in Opposition re 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendant NEUROPSYCHIATRIC HOSPITALS LLC. (McNally, Michael) (Entered: 12/11/2018)

Dec. 11, 2018

Dec. 11, 2018

PACER
32

REPLY in Support of Motion re 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Counter Defendant INDIANA DISABILITY RIGHTS. (Gray, Nikki) (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

PACER
33

ORDER ON DECEMBER 21, 2018, SETTLEMENT CONFERENCE - Parties appeared by counsel December 21, 2018, for a settlement conference. Settlement discussions were held and this case is settled. Therefore, any pending motions are denied as moot, and all previously ordered dates relating to discovery, filings, schedules, conferences and trial, if any, are vacated. The parties shall file a stipulation within 28 days. Signed by Magistrate Judge Tim A. Baker. (MGG) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
34

STIPULATION of Dismissal, filed by Defendant NEUROPSYCHIATRIC HOSPITALS LLC. (Attachments: # 1 Text of Proposed Order Order of Dismissal)(McNally, Michael) (Entered: 01/18/2019)

Jan. 18, 2019

Jan. 18, 2019

PACER
35

CLOSED DISMISSED - This matter came before the Court on the parties' Stipulation of Dismissal with Prejudice, and the Court having considered the same and being duly advised, now finds that the Stipulation of Dismissal should be GRANTED. It is, therefore, ORDERED, ADJUDGED, and DECREED that this matter, shall be, and hereby is, dismissed with prejudice. Signed by Judge James R. Sweeney II on 1/23/2019. (JDC) (Entered: 01/24/2019)

Jan. 23, 2019

Jan. 23, 2019

RECAP

Case Details

State / Territory: Indiana

Case Type(s):

Disability Rights

Key Dates

Filing Date: July 11, 2018

Closing Date: Jan. 23, 2019

Case Ongoing: No

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

NeuroPsychiatric Hospitals (Indianapolis, Marion), Private Entity/Person

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Records Disclosure

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing