Filed Date: Sept. 14, 2001
Closed Date: Feb. 7, 2002
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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)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11410692/parties/ky-protection-and-ad-v-hall/
Bowman, Melissa J. (Kentucky)
Zeller, Kenneth W. (Kentucky)
Banaszynski, Thomas J. (Kentucky)
Barber, Oliver H. (Kentucky)
See docket on RECAP: https://www.courtlistener.com/docket/11410692/ky-protection-and-ad-v-hall/
Last updated July 14, 2023, 3:07 a.m.
State / Territory: Kentucky
Case Type(s):
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:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Form of Settlement:
Issues
General:
Disability: