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)

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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 128

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 April 28, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Filing Fee $ 150.00 Receipt # 6533 (elp) (Entered: 07/20/1998)

July 20, 1998

July 20, 1998

Clearinghouse
2

MOTION by Advocacy Center for Temporary Restraining Order (elp) (Entered: 07/20/1998)

July 20, 1998

July 20, 1998

PACER
3

MOTION by Advocacy Center for Preliminary Injunction (elp) (Entered: 07/20/1998)

July 20, 1998

July 20, 1998

Clearinghouse
4

MEMORANDUM by Advocacy Center in support of [3-1] motion for Preliminary Injunction by Advocacy Center (elp) (Entered: 07/20/1998)

July 20, 1998

July 20, 1998

Clearinghouse
5

ORDER granting [2-1] motion for Temporary Restraining Order by Advocacy Center...It is ordered that dfts Richard Stalder and Kelly Ward shall immediately upon receiving notice of this order, provide pla immediate access to William Ford's medical and mental health records. Security in the sum of $100.00 is found to be proper for the payment of such costs and damages as may be shown to be incurred or suffered by any party who is later found to be wrongfully restrained herein. ( signed by Chief Judge John V. Parker ), issued notices. (bw) (Entered: 07/20/1998)

July 20, 1998

July 20, 1998

PACER
6

ANSWER to Complaint by Richard L. Stalder, Kelly Ward (Attorney Roxie F. Goynes-Clark), (dcap) (Entered: 08/17/1998)

Aug. 17, 1998

Aug. 17, 1998

PACER
7

ORDER, set Scheduling Conference for 11:30 11/19/98 before DLD, set Status Report deadline to 11/14/98 ( signed by Mag. Judge Docia L. Dalby ), issued notices. (dcap) (Entered: 08/20/1998)

Aug. 19, 1998

Aug. 19, 1998

PACER
8

MOTION by Advocacy Center to enroll Karen J. King as additional counsel (bw) (Entered: 09/08/1998)

Sept. 8, 1998

Sept. 8, 1998

PACER
9

ORDER granting [8-1] motion to enroll Karen J. King as additional counsel by Advocacy Center enrolling additional attorney Karen J. King ( signed by Mag. Judge Docia L. Dalby ), issued notices. (elp) (Entered: 09/08/1998)

Sept. 8, 1998

Sept. 8, 1998

PACER
10

ORDER, reset Scheduling Conference for 1:30 12/8/98 before DLD in Room Number 265, reset Status Report deadline to 12/3/98 ( signed by Mag. Judge Docia L. Dalby ), issued notices. (bw) (Entered: 10/21/1998)

Oct. 21, 1998

Oct. 21, 1998

PACER
11

STATUS REPORT by Advocacy Center, Richard L. Stalder, Kelly Ward (elp) (Entered: 12/04/1998)

Dec. 3, 1998

Dec. 3, 1998

PACER
12

ORDER...Telephone status conference held 12/8/98; IT IS ORDERED that the dft shall respond to pla's proposal on or before 1/8/98. set Settlement Conference for 2:30 1/27/99 ( signed by Mag. Judge Docia L. Dalby ), issued notices. (bw) (Entered: 12/08/1998)

Dec. 8, 1998

Dec. 8, 1998

PACER
13

ORDER, reset Settlement Conference for 2:00 2/26/99 before DLD in chambers ; The parties shall submit confidential settlement position papers... set Notice of Compliance deadline to 12:00 2/19/99 Each party shall have someone with settlement authority present at the conference or available by telephone during the conference ( signed by Mag. Judge Docia L. Dalby ), issued notices. (bw) (Entered: 01/28/1999)

Jan. 28, 1999

Jan. 28, 1999

PACER
14

ORDER, terminated deadlines for settlement conf, and set Cross Motions deadline to 3/26/99 ( signed by Mag. Judge Docia L. Dalby ), issued notices. (kdc) (Entered: 02/22/1999)

Feb. 22, 1999

Feb. 22, 1999

PACER
15

MOTION by Advocacy Center (Attorney ) for Summary Judgment (will submit notice of hearing) (bw) (Entered: 03/26/1999)

March 26, 1999

March 26, 1999

Clearinghouse
16

Statement of Facts by Advocacy Center . (bw) (Entered: 03/26/1999)

March 26, 1999

March 26, 1999

PACER
17

MEMORANDUM by Advocacy Center in support of [15-1] motion for Summary Judgment by Advocacy Center, [16-1] facts by Advocacy Center (bw) (Entered: 03/26/1999)

March 26, 1999

March 26, 1999

Clearinghouse
19

CROSS MOTION for Summary Judgment by Richard L. Stalder, Kelly Ward ( Motion Hearing set for 10:00 5/21/99 ) (bw) (Entered: 03/30/1999)

March 26, 1999

March 26, 1999

PACER
20

Statement of Facts by Richard L. Stalder, Kelly Ward . (bw) (Entered: 03/30/1999)

March 26, 1999

March 26, 1999

PACER
21

MEMORANDUM by Richard L. Stalder, Kelly Ward in support of [19-1] motion for Summary Judgment by Kelly Ward, Richard L. Stalder, [20-1] facts by Kelly Ward, Richard L. Stalder (bw) (Entered: 03/30/1999)

March 26, 1999

March 26, 1999

PACER
22

RESPONSE by Richard L. Stalder, Kelly Ward in support of [13-1] order (bw) (Entered: 03/30/1999)

March 26, 1999

March 26, 1999

PACER
18

NOTICE of Hearing: Motion Hearing set for 10:00 5/21/99 for [15-1] motion for Summary Judgment (bw) (Entered: 03/29/1999)

March 29, 1999

March 29, 1999

PACER
23

MOTION by Advocacy Center to Extend Time to Respond to Dft's Motion for SJ (bw) (Entered: 04/14/1999)

April 13, 1999

April 13, 1999

PACER
24

ORDER granting [23-1] motion to Extend Time to Respond to Dft's Motion for SJ by Advocacy Center, Response to Motion reset to 5/3/99 for [19-1] motion for Summary Judgment ( signed by Judge John V. Parker ), issued notices. (elp) (Entered: 04/14/1999)

April 14, 1999

April 14, 1999

PACER
25

RESPONSE by Advocacy Center in opposition to [19-1] motion for Summary Judgment by Kelly Ward, Richard L. Stalder (bw) (Entered: 05/03/1999)

May 3, 1999

May 3, 1999

PACER
26

MEMORANDUM by Advocacy Center in opposition to [19-1] motion for Summary Judgment by Kelly Ward, Richard L. Stalder (bw) (Entered: 05/03/1999)

May 3, 1999

May 3, 1999

PACER
27

RULING denying [19-1] motion for Summary Judgment by Kelly Ward, Richard L. Stalder, granting [15-1] motion for Summary Judgment by Advocacy Center...the dfts shall be ENJOINED and RESTRAINED from declining to release the records of William Ford or any other inmate at the David Wade Correctional Center when properly requested by the pla for any purpose related to the Protection and Advocacy for Mentally Ill Individuals Act of 1986...pla is entitled to recover its attorneys' fees, costs, and expense in this action...This action is hereby referred to the USMJ to determine reasonable attorney's fees. Counsel for pla shall prepare and submit a form of judgment for signature by the court ( signed by Judge John V. Parker ), issued notices. (bnw) (Entered: 07/30/1999)

July 30, 1999

July 30, 1999

Clearinghouse
28

JUDGMENT for Advocacy Center against Richard L. Stalder, Kelly Ward...Dft is further ordered to pay pla attorneys' fees, costs, and expenses...in an amount to be determined by the USMJ ( signed by Judge John V. Parker ) (bnw) (Entered: 08/17/1999)

Aug. 17, 1999

Aug. 17, 1999

PACER

Case closed (bnw)

Aug. 17, 1999

Aug. 17, 1999

PACER
29

MOTION by Advocacy Center for Attorney Fees and expenses (Will send notice of hearing) (nlt) (Entered: 08/31/1999)

Aug. 30, 1999

Aug. 30, 1999

PACER
30

MEMORANDUM by Advocacy Center in support of [29-1] motion for Attorney Fees and expenses by Advocacy Center (nlt) (Entered: 08/31/1999)

Aug. 30, 1999

Aug. 30, 1999

Clearinghouse
31

NOTICE of Hearing: Motion Hearing set for 10/15/99 for [29-1] motion for Attorney Fees and expenses, issued notices. (nlt) (Entered: 09/08/1999)

Sept. 7, 1999

Sept. 7, 1999

PACER
32

LETTER dated 10/11/99 TO: DLD FROM: Attorney Nell Hahn RE: attorneys' fees issue has been settled (bnw) (Entered: 10/15/1999)

Oct. 14, 1999

Oct. 14, 1999

PACER
33

ORDER dismissing as moot [29-1] motion for Attorney Fees and expenses by Advocacy Center ( signed by Mag. Judge Docia L. Dalby ), issued notices. (bnw) (Entered: 10/15/1999)

Oct. 15, 1999

Oct. 15, 1999

RECAP
33

ORDER dismissing as moot [29-1] motion for Attorney Fees and expenses by Advocacy Center ( signed by Mag. Judge Docia L. Dalby ), issued notices. (bnw) (Entered: 10/15/1999)

Oct. 15, 1999

Oct. 15, 1999

RECAP

**Set FRC Flag ..Record located at Federal Records Center in Fort Worth, TX (clp)

Oct. 4, 2001

Oct. 4, 2001

PACER

**Set FRC Flag ..Record located at Federal Records Center in Fort Worth, TX (clp)

Oct. 4, 2001

Oct. 4, 2001

PACER

**Set FRC Flag ..Record located at Federal Records Center in Fort Worth, TX (clp)

Oct. 4, 2001

Oct. 4, 2001

PACER

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