Filed Date: April 25, 2000
Closed Date: Feb. 5, 2001
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This is a case about a protection and advocacy (P&A) agency’s records access authority where an individual’s guardian does not consent to the P&A accessing the records in question. On April 25, 2000, Disability Law Center (DLC), Massachusetts’s P&A, filed this lawsuit against Emma Riel and Gerald J. Morrissey in his official capacity as Commissioner of the Massachusetts Department of Mental Retardation (DMR) in the U.S. District Court for the District of Massachusetts. Defendant Emma Riel is the legal guardian and sister-in-law of Loretta Riel, the individual in question. Represented by itself, DLC filed this lawsuit under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), alleging that defendants violated the DD Act by refusing to provide DLC records concerning Loretta following a complaint that she was subject to abuse. The case was assigned to Judge Patti B. Saris.
This lawsuit began after DLC received a report that Loretta was restrained in an intermediate care facility operated by DMR. DLC tried opened an investigation under its DD Act authority, and requested records concerning her treatment from DMR. DMR would not provide the records because Loretta’s guardian would not sign a release of information agreement for the records. DLC mailed Loretta’s guardian three letters and called her once, but she refused to sign the release of information because she believed the facility properly investigated in the incident in question. DLC sought injunctive relief requiring the DMR to provide them the records despite the guardian’s refusal. On February 5, 2001, the court granted DLC’s motion for summary judgment and injunctive relief and closed the case. The court reasoned that the DD Act permitted the P&A access individual records without a guardian’s consent when the P&A believes an individual is in serious or immediate jeopardy. The court noted that the DD Act requires P&As attempt to engage with the individual’s guardian before making a records request, but found that the P&A could proceed with the request if the guardian refuses or fails to act. Here, the court determined that the complaint DLC received established a belief that the individual was in serious or immediate jeopardy, and they attempted to engage with the guardian. The case remains closed.
Summary Authors
NDRN (7/9/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11126988/parties/disability-law-ctr-v-emma-reil/
Saris, Patti B. (Massachusetts)
Engel, Matthew (Massachusetts)
Camba, Romeo G. (Massachusetts)
See docket on RECAP: https://www.courtlistener.com/docket/11126988/disability-law-ctr-v-emma-reil/
Last updated Jan. 13, 2026, 3:30 a.m.
State / Territory:
Case Type(s):
Key Dates
Filing Date: April 25, 2000
Closing Date: Feb. 5, 2001
Case Ongoing: No
Plaintiffs
Plaintiff Description:
protection and advocacy organization
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
Massachusetts Department of Mental Retardation, State
Case Details
Causes of Action:
Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.
Other Dockets:
District of Massachusetts 1:00-cv-10789
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Issues
Disability and Disability Rights: