Case: Kentucky Protection and Advocacy v. Hall

3:01-cv-00538 | U.S. District Court for the Western District of Kentucky

Filed Date: Sept. 14, 2001

Closed Date: Feb. 7, 2002

Clearinghouse coding complete

Case Summary

This is a case about whether a Protection and Advocacy (P&A) agency must demonstrate that each facility resident has a disability before entering the facility or speaking with residents under its investigatory authority. On September 14, 2001, Kentucky P&A filed this lawsuit in the U.S. District Court for the Western District of Kentucky. Kentucky P&A filed this lawsuit against Kentucky Youth Academy under the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act) and the D…

This is a case about whether a Protection and Advocacy (P&A) agency must demonstrate that each facility resident has a disability before entering the facility or speaking with residents under its investigatory authority. On September 14, 2001, Kentucky P&A filed this lawsuit in the U.S. District Court for the Western District of Kentucky. Kentucky P&A filed this lawsuit against Kentucky Youth Academy under the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act) and the Developmental Disabilities Assistance and Bill of Rights Act (DD Act). Represented by itself, Kentucky P&A sought injunctive and declaratory relief that required the Academy permit facilities and residents access under its investigatory authority without making a threshold showing that individual residents had a disability or mental illness. Judge John Gilpin Heyburn II presided over this matter. 

Kentucky P&A commenced this action because the Academy claimed that the P&A could not access its facility until they demonstrated that facility residents had a disability or mental illness under the PAIMI and DD Acts. On September 24, 2001, the court granted the P&A’s Motion for Declaratory Relief and required the Academy provide Kentucky P&A access to its facility and residents. The court explained that the P&A did not need to present evidence or undertake clinical evaluations showing that individual residents have a disability or mental illness under its investigatory authority. Rather, the P&A only must demonstrate sufficient evidence that the facility treated or may treat individuals with a disability or mental illness. Here, Kentucky P&A satisfied this threshold, so they could use their facilities and residents access authority. Ultimately, the court gave the parties 60 days establish protocols for the P&A access to the facility. On February 7 2002, the case was dismissed with prejudice as settled. 

No documents are available as PACER indicates that "The document is either restricted or cannot be found."

Summary Authors

NDRN (12/20/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11410692/parties/ky-protection-and-ad-v-hall/


Attorney for Plaintiff

Bowman, Melissa J. (Kentucky)

Zeller, Kenneth W. (Kentucky)

Attorney for Defendant

Banaszynski, Thomas J. (Kentucky)

Barber, Oliver H. (Kentucky)

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Documents in the Clearinghouse

No documents yet available via the Clearinghouse.

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11410692/ky-protection-and-ad-v-hall/

Last updated April 6, 2024, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for declaratory judgement and injunctive relief filed; (Summons(es) issued) filing fee pd - receipt # 319257 (PAC) (Entered: 09/17/2001)

Sept. 14, 2001

Sept. 14, 2001

PACER
2

MOTION by plaintiff for preliminary injunction ; Memorandum in Support; order tendered (PAC) (Entered: 09/17/2001)

Sept. 14, 2001

Sept. 14, 2001

PACER
3

MOTION by plaintiff for hearing (PAC) (Entered: 09/17/2001)

Sept. 14, 2001

Sept. 14, 2001

PACER

MAGISTRATE JUDGE DESIGNATION: CCG (PAC)

Sept. 14, 2001

Sept. 14, 2001

PACER
4

RESPONSE by Rocky M. Hall, KY Youth Academy Inc to motion for preliminary injunction [2-1] (PAC) (Entered: 09/18/2001)

Sept. 17, 2001

Sept. 17, 2001

PACER
5

MOTION by Rocky M. Hall, KY Youth Academy Inc to dissolve TRO ; order tendered (PAC) (Entered: 09/18/2001)

Sept. 17, 2001

Sept. 17, 2001

PACER
6

ANSWER by defendant to [1-1] (PAC) Modified on 09/18/2001 (Entered: 09/18/2001)

Sept. 17, 2001

Sept. 17, 2001

PACER
7

MOTION by KY Protection and Ad for temporary restraining order ; order tendered (PAC) Modified on 09/18/2001 (Entered: 09/18/2001)

Sept. 18, 2001

Sept. 18, 2001

PACER
8

SUPPLEMENT authority by KY Protection and Advocacy (PAC) Modified on 09/18/2001 (Entered: 09/18/2001)

Sept. 18, 2001

Sept. 18, 2001

PACER
9

AFFIDAVIT of Maureen Fitzgerrald (PAC) Modified on 09/18/2001 (Entered: 09/18/2001)

Sept. 18, 2001

Sept. 18, 2001

PACER
10

AFFIDAVIT of William Morrison (PAC) Modified on 09/18/2001 (Entered: 09/18/2001)

Sept. 18, 2001

Sept. 18, 2001

PACER
11

ORDER by Judge John G. Heyburn II ; in-court hearing held on 9/18/01 . Discussions having been held and Court being advised. This matter stands submitted. (cc: all counsel) [Entry Date: 9/18/01] (PAC) (Entered: 09/18/2001)

Sept. 18, 2001

Sept. 18, 2001

PACER

FILE SUBMITTED to JGH (PAC)

Sept. 18, 2001

Sept. 18, 2001

PACER
12

REPLY by plaintiff to response to motion for preliminary injunction [2-1] (PAC) (Entered: 09/21/2001)

Sept. 20, 2001

Sept. 20, 2001

PACER

FILE RETURNED (PAC)

Sept. 24, 2001

Sept. 24, 2001

PACER
13

MEMORANDUM, OPINION, AND ORDER: by Judge John G. Heyburn II plaintiffs mot for declaratory relief recognizing its legal right under the DD and PAMII Acts to access the dfts facility and residents is granted; plaintiffs mot for injunctive relief is moot; Within 60 days plaintiff should advise Court whether any further action is anticipated (cc: all counsel) [Entry Date: 9/24/01] (PAC) (Entered: 09/24/2001)

Sept. 24, 2001

Sept. 24, 2001

PACER
14

ORDER by Chief Judge John G. Heyburn II dismissing case as settled, with prejudice, with leave to reinstate w/in 30 days if settlement is not satisfactorily effected. (cc: all counsel) [Entry Date: 2/7/02] (PAC) (Entered: 02/07/2002)

Feb. 7, 2002

Feb. 7, 2002

PACER

Case Details

State / Territory: Kentucky

Case Type(s):

Disability Rights

Key Dates

Filing Date: Sept. 14, 2001

Closing Date: Feb. 7, 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

P&A as plaintiff

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

Kentucky Youth Academy, Non-profit or advocacy

Case Details

Causes of Action:

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

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:

None of the above

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Records Disclosure

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing