Filed Date: July 20, 1998
Closed Date: Oct. 15, 1999
Clearinghouse coding complete
This is a case about records access authority for a Protection and Advocacy agency (P&A). On July 20, 1998, Louisiana Advocacy Center, Louisiana’s P&A, filed this lawsuit in the U.S. District Court for the Middle District of Louisiana. Louisiana Advocacy Center sued the Secretary of the Louisiana Department of Public Safety Corrections and the Warden of the David Wade Correctional Center in their official capacities under the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act). Represented by itself, Louisiana Advocacy Center sought injunctive relief that required the prison operated by defendants provide them with the records requested. They claimed that the defendants violated the PAIMI Act when they refused to provide medical records for a prisoner who contacted the P&A and sought their review of his records. Judge John V. Parker presided over this matter.
Louisiana Advocacy Center received a complaint from a prisoner of David Wade Correctional Center that a new doctor at the facility took him off all his mental health medications. He asked if the Louisiana Advocacy Center could review his medical records because he believed he needed these medications. Correctional Center staff told the plaintiffs that a state law precluded them from disclosing these records. Louisiana Advocacy Center filed a preliminary injunction to access these records, and on July 20, 1998 the court granted their motion for preliminary injunction. In March 1999, Louisiana Advocacy Center filed a motion for summary judgment. Although the individual no longer resided in the prison, they argued that the Louisiana state law cited by the defendants could not preclude records access under the PAIMI Act for all prisoners. On July 30, 1999, the court granted Louisiana Advocacy Center’s motion for summary judgment. Louisiana Advocacy Center filed a motion for attorney fees and expenses in August 1999. On October 15, 1999, the court dismissed this claim because the parties settled this issue.
Summary Authors
NDRN (12/15/2022)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/2143699/parties/advocacy-center-v-stalder/
Parker, John Victor (Louisiana)
Hahn, Ellen B (Louisiana)
King, Karen J. (Louisiana)
Goynes-Clark, Roxie F. (Louisiana)
See docket on RECAP: https://www.courtlistener.com/docket/2143699/advocacy-center-v-stalder/
Last updated Dec. 17, 2024, 8:37 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Louisiana
Case Type(s):
Key Dates
Filing Date: July 20, 1998
Closing Date: Oct. 15, 1999
Case Ongoing: No
Plaintiffs
Plaintiff Description:
P&A as plaintiff in access issue
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
Louisiana Department of Corrections, State
Defendant Type(s):
Case Details
Causes of Action:
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:
Issues
Disability and Disability Rights: