Case: Michigan Protection and Advocacy Service v. Evans

2:09-cv-12224 | U.S. District Court for the Eastern District of Michigan

Filed Date: June 9, 2009

Closed Date: Dec. 27, 2010

Clearinghouse coding complete

Case Summary

This is a case about a Protection and Advocacy agency’s records access authority concerning deceased individuals in correctional facility settings. On June 9, 2009, Michigan Protection and Advocacy Services (Michigan P&A) filed this lawsuit in the U.S. District Court for the Eastern District of Michigan against Warren C. Evans in his official capacity as Sheriff of Wayne County. Michigan P&A filed this lawsuit under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), the …

This is a case about a Protection and Advocacy agency’s records access authority concerning deceased individuals in correctional facility settings. On June 9, 2009, Michigan Protection and Advocacy Services (Michigan P&A) filed this lawsuit in the U.S. District Court for the Eastern District of Michigan against Warren C. Evans in his official capacity as Sheriff of Wayne County. Michigan P&A filed this lawsuit under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), the Protection and Advocacy of Individual Rights Act (PAIR Act), and the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI). Represented by itself, Michigan P&A sought injunctive and declarative relief that the sheriff’s office provide them with records concerning individuals who committed suicide at Wayne County operated correctional facilities. Judge Denise Page Hood presided over this matter.

Michigan P&A began its investigation after receiving reports that two individuals detained at Wayne County operated correctional facilities committed suicide. The P&A then requested records from the county sheriff’s office about both of their deaths, but they refused and told said the P&A must appeal the request through the state’s Freedom of Information Act (FOIA) appeals process. Ultimately, the P&A dropped their claims for one individual, but sought a permanent injunction that required the sheriff’s office provide the records that they requested. On September 30, 2010, the court granted Michigan P&A a Motion for Summary Judgment that provided them with a permanent injunction to receive the records requested. The court explained that the correctional facilities were facilities under the DD and PAIMI Act because they were places where individuals with disabilities and mental illness resided and received services. Additionally, the court explained that the P&A did not have to exhaust the state FOIA appeals process because it did not apply to their records access request under the PAIMI Act. In the alternative, the court explained that the PAIMI Act provides P&As considerable discretion on which administrative remedies to pursue before litigation.The court awarded the P&A attorney’s fees for all costs incurred for the remaining individual’s case. The case closed in September 2010.

Summary Authors

NDRN (3/18/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5099850/parties/michigan-protection-and-advocacy-service-inc-v-evans/


Attorney for Plaintiff

Cody, Mark A. (Michigan)

Davis, Chris E. (Michigan)

Attorney for Defendant

Surowiec, James M. (Michigan)

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Documents in the Clearinghouse

Document
1

2:09-cv-12224

Complaint

Michigan Protection and Advocacy Service, Inc. v. Evans

June 9, 2009

June 9, 2009

Complaint
6

2:09-cv-12224

Plaintiff's Motion for Entry of Default Judgment or Alternatively Summary Judgment

Michigan Protection and Advocacy Service, Inc. v. Evans

July 17, 2009

July 17, 2009

Pleading / Motion / Brief
15

2:09-cv-12224

Plaintiff's Motion for Substitution of Defendant, Summary Judgment, Permanent Injunction, and Costs/Attorney Fees

Michigan Protection and Advocacy Service, Inc. v. Evans

Sept. 3, 2009

Sept. 3, 2009

Pleading / Motion / Brief
36

2:09-cv-12224

Order Granting Plaintiff's Motions

Sept. 30, 2010

Sept. 30, 2010

Order/Opinion
40

2:09-cv-12224

Plaintiff’s Supplemental Submission

Oct. 28, 2010

Oct. 28, 2010

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5099850/michigan-protection-and-advocacy-service-inc-v-evans/

Last updated April 7, 2024, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Michigan Protection and Advocacy Service, Inc. against Michigan Protection and Advocacy Service, Inc.. Plaintiff requests summons issued. Receipt No: 06450000000002020450 - Fee: $ 350. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Davis, Chris) (Entered: 06/09/2009)

June 9, 2009

June 9, 2009

Clearinghouse
2

SUMMONS Issued for *Warren C. Evans* (SSch) (Entered: 06/10/2009)

June 10, 2009

June 10, 2009

PACER

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (SSch)

June 10, 2009

June 10, 2009

PACER
3

CERTIFICATE of Service/Summons Returned Executed. Warren C. Evans served on 6/12/2009, answer due 7/2/2009. (Davis, Chris) (Entered: 06/12/2009)

June 12, 2009

June 12, 2009

PACER
4

REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Warren C. Evans Affidavit by Plaintiff's Counsel and Proof of Service by Michigan Protection and Advocacy Service, Inc.. (Davis, Chris) (Entered: 07/06/2009)

July 6, 2009

July 6, 2009

PACER
5

CLERK'S ENTRY OF DEFAULT as to *Warren C. Evans* (DWor) (Entered: 07/07/2009)

July 7, 2009

July 7, 2009

PACER
6

MOTION for Default Judgment as to Warren C. Evans, MOTION for Summary Judgment by Michigan Protection and Advocacy Service, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Detroit Free Press Article Dated January 19, 2009, # 3 Exhibit 2 - Affidavit of Michelle M. Mull, # 4 Exhibit 3 - Letter to James Barren from Sara Koroniotis, # 5 Exhibit 4 - Letter to M. Katherine Ben-Ami from Sara Koroniotis, # 6 Exhibit 5 - Letter to Sara Koroniotis from M. Katherine Ben-Ami and Muddasar Tawakkul Dated April 7, 2009, # 7 Exhibit 6 - Letter to M. Katherine Ben-Ami from Chris Davis, # 8 Exhibit 7 - Letter to Sara Koroniotis from M. Katherine Ben-Ami and Muddasar Tawakkul Dated June 11, 2009, # 9 Exhibit 8 - Letter to Chris Davis from M. Katherine Ben-Ami, # 10 Exhibit 9 - Macomb County Probate Court Case List, # 11 Index of Exhibits 10 - Wayne County Probate Court Case List, # 12 Exhibit 11 - Michigan Protection and Advocacy Service, Inc., v. Warren C. Evans Order and Judgment, # 13 Exhibit 12 - Iowa Protection and Advocacy Services, Inc., vs. Gerard Treatment Programs Final Order) (Davis, Chris) (Entered: 07/17/2009)

2 Index of Exhibits

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3 Exhibit 1 - Detroit Free Press Article Dated January 19, 2009

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4 Exhibit 2 - Affidavit of Michelle M. Mull

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5 Exhibit 3 - Letter to James Barren from Sara Koroniotis

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6 Exhibit 4 - Letter to M. Katherine Ben-Ami from Sara Koroniotis

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7 Exhibit 5 - Letter to Sara Koroniotis from M. Katherine Ben-Ami and Muddasar Taw

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8 Exhibit 6 - Letter to M. Katherine Ben-Ami from Chris Davis

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9 Exhibit 7 - Letter to Sara Koroniotis from M. Katherine Ben-Ami and Muddasar Taw

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10 Exhibit 8 - Letter to Chris Davis from M. Katherine Ben-Ami

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11 Exhibit 9 - Macomb County Probate Court Case List

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12 Index of Exhibits 10 - Wayne County Probate Court Case List

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13 Exhibit 11 - Michigan Protection and Advocacy Service, Inc., v. Warren C. Evans

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14 Exhibit 12 - Iowa Protection and Advocacy Services, Inc., vs. Gerard Treatment P

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July 17, 2009

July 17, 2009

Clearinghouse
7

NOTICE of Appearance by James M. Surowiec on behalf of Warren C. Evans. (Surowiec, James) (Entered: 07/23/2009)

July 23, 2009

July 23, 2009

PACER
8

RESPONSE to 6 MOTION for Default Judgment as to Warren C. Evans MOTION for Summary Judgment And Brief in Support filed by Warren C. Evans. (Attachments: # 1 Index of Exhibits Wayne County Defendant's Exhibit, # 2 Exhibit Ex. A: Affidavit of Scott Gatti) (Surowiec, James) (Entered: 07/23/2009)

July 23, 2009

July 23, 2009

PACER
9

NOTICE of hearing on 6 MOTION for Default Judgment as to Warren C. Evans MOTION for Summary Judgment. Motion Hearing set for 8/24/2009 02:30 PM before District Judge Denise Page Hood. (BLew) (Entered: 07/30/2009)

July 30, 2009

July 30, 2009

PACER
10

ANSWER to Complaint with Affirmative Defenses and reservation of rights by Warren C. Evans. (Surowiec, James)[INCORRECT DOCUMENT FILED] Modified on 8/12/2009 (DPer). (Entered: 08/12/2009)

Aug. 12, 2009

Aug. 12, 2009

PACER
11

ANSWER to Complaint with Affirmative Defenses and reservation of rights by Warren C. Evans. (Surowiec, James) (Entered: 08/12/2009)

Aug. 12, 2009

Aug. 12, 2009

PACER
12

NOTICE of error as to document 10 . (DPer) (Entered: 08/12/2009)

Aug. 12, 2009

Aug. 12, 2009

PACER
13

STIPULATION AND ORDER Setting Aside re 5 Clerks Entry of Default Signed by District Judge Denise Page Hood. (BLew) (Entered: 08/13/2009)

Aug. 13, 2009

Aug. 13, 2009

PACER
14

NOTICE TO APPEAR: Scheduling Conference set for 10/13/2009 03:00 PM before District Judge Denise Page Hood (BLew) (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

PACER
15

MOTION to Substitute Party, MOTION for Summary Judgment, MOTION for Permanent Injunction, MOTION for Attorney Fees, MOTION for Declaratory Judgment by Michigan Protection and Advocacy Service, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Detroit Free Press Article Dated January 19, 2009, # 3 Exhibit 2 - Affidavit of Michelle M. Mull, # 4 Exhibit 3 - Letter to James Barren from Sara Koroniotis, # 5 Exhibit 4 - Letter to M. Katherine Ben-Ami from Sara Koroniotis, # 6 Exhibit 5 - Letter to Sara Koroniotis from M. Katherine Ben-Ami and Muddasar Tawakkul Dated April 7, 2009, # 7 Exhibit 6 - Letter to M. Katherine Ben-Ami from Chris Davis, # 8 Exhibit 7 - Letter to Sara Koroniotis from M. Katherine Ben-Ami and Muddasar Tawakkul Dated June 11, 2009, # 9 Exhibit 8 - Letter to Chris Davis from M. Katherine Ben-Ami, # 10 Exhibit 9 - Macomb County Probate Court Case List, # 11 Exhibit 10 - Wayne County Probate Court Case List, # 12 Exhibit 11 - Michigan Protection and Advocacy Service, Inc., v. Warren C. Evans Order and Judgment, # 13 Exhibit 12 - Iowa Protection and Advocacy Services, Inc., vs. Gerard Treatment Programs Final Order, # 14 Exhibit 13 - Declaration of Chris E. Davis) (Davis, Chris) (Entered: 09/03/2009)

2 Index of Exhibits

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3 Exhibit 1 - Detroit Free Press Article Dated January 19, 2009

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4 Exhibit 2 - Affidavit of Michelle M. Mull

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5 Exhibit 3 - Letter to James Barren from Sara Koroniotis

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6 Exhibit 4 - Letter to M. Katherine Ben-Ami from Sara Koroniotis

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7 Exhibit 5 - Letter to Sara Koroniotis from M. Katherine Ben-Ami and Muddasar Taw

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8 Exhibit 6 - Letter to M. Katherine Ben-Ami from Chris Davis

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9 Exhibit 7 - Letter to Sara Koroniotis from M. Katherine Ben-Ami and Muddasar Taw

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10 Exhibit 8 - Letter to Chris Davis from M. Katherine Ben-Ami

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11 Exhibit 9 - Macomb County Probate Court Case List

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12 Exhibit 10 - Wayne County Probate Court Case List

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13 Exhibit 11 - Michigan Protection and Advocacy Service, Inc., v. Warren C. Evans

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14 Exhibit 12 - Iowa Protection and Advocacy Services, Inc., vs. Gerard Treatment P

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15 Exhibit 13 - Declaration of Chris E. Davis

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Sept. 3, 2009

Sept. 3, 2009

Clearinghouse
16

NOTICE of hearing on 15 MOTION to Substitute Party MOTION for Summary Judgment MOTION for Permanent Injunction MOTION for Attorney Fees MOTION for Declaratory Judgment. Motion Hearing set for 10/26/2009 03:30 PM before District Judge Denise Page Hood. (BLew) (Entered: 09/04/2009)

Sept. 4, 2009

Sept. 4, 2009

PACER

Minute Entry - Scheduling Conference held on 10/13/2009 before District Judge Denise Page Hood. (BLew)

Oct. 13, 2009

Oct. 13, 2009

PACER
17

SCHEDULING ORDER: Discovery due by 4/1/2010 Motion Cut-off set for 4/15/2010 Final Pretrial Conference set for 7/12/2010 02:00 PM before District Judge Denise Page Hood Bench Trial set for 8/17/2010 09:00 AM before District Judge Denise Page Hood Signed by District Judge Denise Page Hood. (Refer to image for additional dates) (BLew) (Entered: 10/14/2009)

Oct. 13, 2009

Oct. 13, 2009

PACER
18

ORDER REFERRING OTHER MATTERS to *Magistrate Judge R. Steven Whalen* : *Settlement Conference*. Signed by District Judge Denise Page Hood. (BLew) (Entered: 10/14/2009)

Oct. 13, 2009

Oct. 13, 2009

PACER
19

NOTICE TO APPEAR: Settlement Conference set for 4/20/2010 01:30 PM before Magistrate Judge R. Steven Whalen (SJef) (Entered: 10/15/2009)

Oct. 15, 2009

Oct. 15, 2009

PACER
20

RESPONSE to 15 MOTION to Substitute Party MOTION for Summary Judgment MOTION for Permanent Injunction MOTION for Attorney Fees MOTION for Declaratory Judgment with Brief in Support filed by Warren C. Evans. (Attachments: # 1 Index of Exhibits List of Exhibits, # 2 Exhibit Ex A- Free Press Article, # 3 Exhibit Ex B- Letter from Sheriff's FOIA Officer, # 4 Exhibit Ex C-Affidavit of Dr. Restum, # 5 Exhibit Ex D- Letter from MPAS, # 6 Exhibit Ex E- Probate Docket, # 7 Exhibit Ex F- Letter from Feiger Law Firm) (Surowiec, James) (Entered: 10/15/2009)

Oct. 15, 2009

Oct. 15, 2009

PACER
21

REPLY to Response re 15 MOTION to Substitute Party MOTION for Summary Judgment MOTION for Permanent Injunction MOTION for Attorney Fees MOTION for Declaratory Judgment filed by Michigan Protection and Advocacy Service, Inc.. (Davis, Chris) (Entered: 10/19/2009)

Oct. 19, 2009

Oct. 19, 2009

PACER
22

EXHIBIT re 21 Reply to Response to Motion by Michigan Protection and Advocacy Service, Inc. (Davis, Chris). [DOCUMENT CONTAINS NO CASE CAPTION PAGE]. Modified on 10/22/2009 (THal). (Entered: 10/21/2009)

Oct. 21, 2009

Oct. 21, 2009

PACER
23

SUPPLEMENTAL BRIEF re 20 Response to Motion,, with Supplemental Authority as requested by the Court filed by Warren C. Evans. (Attachments: # 1 Index of Exhibits Supplemental Exhibit List, # 2 Exhibit G-Supplemental Authority) (Surowiec, James) (Entered: 10/28/2009)

Oct. 28, 2009

Oct. 28, 2009

PACER

Minute Entry - Motion Hearing held on 10/28/2009 re 15 MOTION to Substitute Party MOTION for Summary Judgment MOTION for Permanent Injunction MOTION for Attorney Fees MOTION for Declaratory Judgment filed by Michigan Protection and Advocacy Service, Inc. before District Judge Denise Page Hood. Disposition: TAKEN UNDER ADVISEMENT(Court Reporter C. Warren-Daniel) (BLew)

Oct. 28, 2009

Oct. 28, 2009

PACER
24

EXHIBIT re 15 MOTION to Substitute Party MOTION for Summary Judgment MOTION for Permanent Injunction MOTION for Attorney Fees MOTION for Declaratory Judgment by Michigan Protection and Advocacy Service, Inc. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Order Denying Motion to Dismiss for Failure to Exhaust All Administrative Remedies and Denying Motion for Joinder of the State of Michigan, # 3 Exhibit B - Letter to Sheriff Warren C. Evans from Sara Koroniotis Dated January 28, 2009) (Davis, Chris) (Entered: 10/29/2009)

Oct. 29, 2009

Oct. 29, 2009

PACER
25

AMENDED NOTICE TO APPEAR: Settlement Conference set for 4/27/2010 01:30 PM before Magistrate Judge R. Steven Whalen (SJef) (Entered: 01/25/2010)

Jan. 25, 2010

Jan. 25, 2010

PACER
26

Defendant's WITNESS LIST by Warren C. Evans (Surowiec, James) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
27

STIPULATION AND ORDER Compelling Answers to Plaintiff's Discovery No Later Than March 25, 2010. Signed by District Judge Denise Page Hood. (BLew) (Entered: 03/30/2010)

March 30, 2010

March 30, 2010

PACER
28

ORDER withdrawing 6 Motion for Summary Judgment. Signed by District Judge Denise Page Hood. (BLew) (Entered: 03/30/2010)

March 30, 2010

March 30, 2010

PACER
29

STIPULATION AND ORDER Protecting Confidentiality of Records Signed by District Judge Denise Page Hood. (BLew) (Entered: 04/07/2010)

April 7, 2010

April 7, 2010

PACER

Minute Entry - Settlement Conference held on 4/27/2010 before Magistrate Judge R. Steven Whalen. Disposition: DID NOT SETTLE (GWil)

April 27, 2010

April 27, 2010

PACER
30

NOTICE TO APPEAR: Status Conference set for 5/28/2010 03:30 PM before District Judge Denise Page Hood (BLew) (Entered: 05/03/2010)

May 3, 2010

May 3, 2010

PACER
31

NOTICE TO APPEAR: Status Conference set for 6/14/2010 04:30 PM before District Judge Denise Page Hood (BLew) (Entered: 05/25/2010)

May 25, 2010

May 25, 2010

PACER
32

NOTICE TO APPEAR: Status Conference set for 6/21/2010 04:15 PM before District Judge Denise Page Hood (BLew) (Entered: 06/08/2010)

June 8, 2010

June 8, 2010

PACER
33

RESPONSE to 15 MOTION to Substitute Party MOTION for Summary Judgment MOTION for Permanent Injunction MOTION for Attorney Fees MOTION for Declaratory Judgment with brief in Support filed by Warren C. Evans. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-Wayne County's Answer to Discovery, # 3 Exhibit B-Roop Federal Civil Suit) (Surowiec, James) (Entered: 06/29/2010)

June 29, 2010

June 29, 2010

PACER
34

REPLY to Response re 15 MOTION to Substitute Party MOTION for Summary Judgment MOTION for Permanent Injunction MOTION for Attorney Fees MOTION for Declaratory Judgment filed by Michigan Protection and Advocacy Service, Inc.. (Attachments: # 1 Exhibit 1 - HHS Statement on HIPAA) (Davis, Chris) (Entered: 07/07/2010)

July 7, 2010

July 7, 2010

PACER
35

ATTORNEY APPEARANCE: Mark A. Cody appearing on behalf of Michigan Protection and Advocacy Service, Inc. (Cody, Mark) (Entered: 07/12/2010)

July 12, 2010

July 12, 2010

PACER

Minute Entry - Final Pretrial Conference Not Held before District Judge Denise Page Hood. Disposition: the Court will enter an Order. (DTof) Modified on 7/13/2010 (DTof)INCORRECT ENTRY USED.

July 12, 2010

July 12, 2010

PACER

Minute Entry - Telephone Conference held on 9/28/2010 before District Judge Denise Page Hood. (BLew)

Sept. 28, 2010

Sept. 28, 2010

PACER
36

ORDER granting 15 Motion to Substitute Party. Wayne County, Sheriff of, added. Warren C. Evans terminated; granting 15 Motion for Summary Judgment; granting 15 Motion for Permanent Injunction; granting in part and denying in part 15 Motion for Attorney Fees; granting 15 Motion for Declaratory Judgment. Signed by District Judge Denise Page Hood. (NHol) (Entered: 09/30/2010)

Sept. 30, 2010

Sept. 30, 2010

Clearinghouse
37

JUDGMENT in favor of Plaintiff Michigan Protection Advocacy Service against Sheriff of Wayne County, Benny Napoleon. Signed by District Judge Denise Page Hood. (NHol) (Entered: 09/30/2010)

Sept. 30, 2010

Sept. 30, 2010

PACER
38

BILL OF COSTS by Michigan Protection and Advocacy Service, Inc. (Davis, Chris) (Entered: 10/08/2010)

Oct. 8, 2010

Oct. 8, 2010

PACER
39

COSTS TAXED in the amount of $350.00 against defendant. (DPer) (Entered: 10/08/2010)

Oct. 8, 2010

Oct. 8, 2010

PACER
40

SUPPLEMENTAL BRIEF re 15 MOTION to Substitute Party MOTION for Summary Judgment MOTION for Permanent Injunction MOTION for Attorney Fees MOTION for Declaratory Judgment Pursuant to Court's Order and in Support of Its Motion for Attorney Fees filed by Michigan Protection and Advocacy Service, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of Chris E. Davis, # 3 Exhibit 2 - Description of Attorney Fees) (Davis, Chris) (Entered: 10/28/2010)

1 Index of Exhibits

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2 Exhibit 1 - Declaration of Chris E. Davis

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3 Exhibit 2 - Description of Attorney Fees

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Oct. 28, 2010

Oct. 28, 2010

Clearinghouse
41

RESPONSE to 15 MOTION to Substitute Party MOTION for Summary Judgment MOTION for Permanent Injunction MOTION for Attorney Fees MOTION for Declaratory Judgment RESPONSE OPPOSING ATTORNEY FEES filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A- Declaration of Chris Davis, # 3 Exhibit B- 2007-State Bar Billing Survey, # 4 Exhibit C- MPAS Billing Records, # 5 Exhibit D- Arizona Deposition Cover Pages & Certificates, # 6 Exhibit E- Portion of MPAS Reply Brief) (Surowiec, James) (Entered: 12/11/2010)

Dec. 11, 2010

Dec. 11, 2010

PACER
42

REPLY to Response re 15 MOTION to Substitute Party MOTION for Summary Judgment MOTION for Permanent Injunction MOTION for Attorney Fees MOTION for Declaratory Judgment filed by Michigan Protection and Advocacy Service, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Opinion and Order Granting Plaintiffs Motion for Reasonable Attorney Fees, # 3 Exhibit 2 - Amended Time Spreadsheet) (Davis, Chris) (Entered: 12/27/2010)

Dec. 27, 2010

Dec. 27, 2010

PACER
43

NOTICE of Change of Address/Contact Information by Chris E. Davis on behalf of Michigan Protection and Advocacy Service, Inc.. (Davis, Chris) (Entered: 12/29/2010)

Dec. 29, 2010

Dec. 29, 2010

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Disability Rights

Key Dates

Filing Date: June 9, 2009

Closing Date: Dec. 27, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Michigan state protection and advocacy system

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

Wayne County Sherriff, County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

Protection and Advocacy of Individual Rights (PAIR), 29 U.S.C. § 794e

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing