Case: Advocacy Center v. Stalder

3:98-cv-00646 | U.S. District Court for the Middle District of Louisiana

Filed Date: July 20, 1998

Closed Date: Oct. 15, 1999

Clearinghouse coding complete

Case Summary

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 (PAIM…

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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/2143699/parties/advocacy-center-v-stalder/


Judge(s)

Parker, John Victor (Louisiana)

Attorney for Plaintiff

Hahn, Ellen B (Louisiana)

King, Karen J. (Louisiana)

Attorney for Defendant

Goynes-Clark, Roxie F. (Louisiana)

show all people

Documents in the Clearinghouse

Document
1

3:98-cv-00646

Complaint

July 20, 1998

July 20, 1998

Complaint
3

3:98-cv-00646

Motion for Preliminary Injunction

July 20, 1998

July 20, 1998

Pleading / Motion / Brief
4

3:98-cv-00646

Memorandum in Support of Plaintiff's Motion for a Preliminary Injunction

July 20, 1998

July 20, 1998

Pleading / Motion / Brief
15

3:98-cv-00646

Plaintiff's Motion for Summary Judgment

March 26, 1999

March 26, 1999

Pleading / Motion / Brief
17

3:98-cv-00646

Memorandum in Support of Plaintiff's Motion for Summary Judgment

March 26, 1999

March 26, 1999

Pleading / Motion / Brief
27

3:98-cv-00646

Ruling on Motions

July 30, 1999

July 30, 1999

Order/Opinion

128 F.Supp.2d 358

30

3:98-cv-00646

Memorandum in Support of Plaintiff's Motion for Attorney's Fees and Expenses

Aug. 30, 1999

Aug. 30, 1999

Pleading / Motion / Brief
33

3:98-cv-00646

Order

Oct. 15, 1999

Oct. 15, 1999

Order/Opinion

Docket

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.

Case Details

State / Territory: Louisiana

Case Type(s):

Disability Rights

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):

Corrections

Case Details

Causes of Action:

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

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing