Case: Michigan Protection and Advocacy Service v. Miller

5:92-cv-00146 | U.S. District Court for the Western District of Michigan

Filed Date: Dec. 11, 1992

Closed Date: April 22, 1994

Clearinghouse coding complete

Case Summary

This is a case about a Protection and Advocacy/P&A’s individual access authority for juveniles in residential settings. On December 11, 1992, Michigan Protection and Advocacy (P&A) Service filed this lawsuit against Gerard H. Miller in his official capacity as Director of Michigan’s Department of Social Services (Department) in the U.S. District Court for the Western District of Michigan. The P&A filed this lawsuit under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act) …

This is a case about a Protection and Advocacy/P&A’s individual access authority for juveniles in residential settings. On December 11, 1992, Michigan Protection and Advocacy (P&A) Service filed this lawsuit against Gerard H. Miller in his official capacity as Director of Michigan’s Department of Social Services (Department) in the U.S. District Court for the Western District of Michigan. The P&A filed this lawsuit under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act) and the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act). Represented by itself, Michigan P&A sought injunctive relief that required the Department provide them access to youth residents at Department operated facilities under its DD Act and PAIMI Act access authority. Judge David William McKeague presided over this matter.

This case began after the Department denied Michigan P&A access to residents at youth facilities it operated where Michigan P&A alleged that individuals with disabilities resided. The Department maintained that the P&A could only speak with residents at these facilities if the individual was a client of the P&A or the P&A received a complaint of abuse or neglect about the individual, and also argued that the P&A could not access facilities they operated. In March 24 1994, the court granted the P&A’s Motion for Summary Judgment under both the PAIMI and DD Acts. The court held that the P&A could access Department operated facilities, and that Michigan’s PAIMI and DD Act authorities included speaking with facility residents even when residents are not P&A clients. The court appointed two Special Masters to determine the scope of Michigan’s individual access authority under both acts. In April 22 1994, the case was dismissed.    

No documents available from PACER - restricted

Summary Authors

NDRN (3/18/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/2516926/parties/mi-protect-advocacy-v-miller/


Judge(s)

McKeague, David William (Michigan)

Attorney for Plaintiff

Skinner, Annette E. (Michigan)

Attorney for Defendant

Meija, Janis (Michigan)

Morris, William R. (Michigan)

Judge(s)

McKeague, David William (Michigan)

Attorney for Plaintiff

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Documents in the Clearinghouse

Document
31

5:92-cv-00146

Memorandum Opinion

Michigan Protection & Advocacy Service, Inc. v. Miller

March 24, 1994

March 24, 1994

Order/Opinion

849 F.Supp. 849

Docket

See docket on RECAP: https://www.courtlistener.com/docket/2516926/mi-protect-advocacy-v-miller/

Last updated Feb. 24, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT w/Attachments A-D (19 pgs) (lkd) (Entered: 12/14/1992)

Dec. 11, 1992

Dec. 11, 1992

PACER

SUMMONS issued and returned to pltf's rep. (lkd)

Dec. 11, 1992

Dec. 11, 1992

PACER

FILING FEE PAID on 12/11/92 in the amount of $ 120.00, receipt # 100221. (lkd)

Dec. 11, 1992

Dec. 11, 1992

PACER
2

TRACKING INFORMATION STATEMENT filed by pltf MI Protect Advocacy; Recommended Track: II (Expedited) (lkd) (Entered: 12/14/1992)

Dec. 11, 1992

Dec. 11, 1992

PACER

ATTORNEY Annette E. Skinner ADMITTED to practice; Certificate and Local Rules given to atty Skinner (lkd)

Dec. 11, 1992

Dec. 11, 1992

PACER
3

SUMMONS AND RETURN OF SERVICE executed upon deft Gerald H. Miller by leaving copies with Mary Clark, Sec to Dep to Dir on 12/15/92 by Mitchell Frankovich, Court Officer (lkd) (Entered: 12/23/1992)

Dec. 22, 1992

Dec. 22, 1992

PACER
4

ATTORNEY APPEARANCE/NOTICE OF APPEARNCE of Janis Meija and William R. Morris, Assistant Attorney Generals on behalf of deft Gerald H. Miller (lkd) (Entered: 12/31/1992)

Dec. 31, 1992

Dec. 31, 1992

PACER
5

ANSWER and AFFIRMATIVE DEFENSES to complaint by deft Gerald H. Miller (lkd) (Entered: 12/31/1992)

Dec. 31, 1992

Dec. 31, 1992

PACER
6

PROOF OF SERVICE by deft Gerald H. Miller for pldgs. #4 & #5 (lkd) (Entered: 12/31/1992)

Dec. 31, 1992

Dec. 31, 1992

PACER
7

NOTICE to FILE TRACKING INFORMATION STATEMENT by 1/17/93 sent to deft Gerald H. Miller (cc: all counsel) (lkd) (Entered: 12/31/1992)

Dec. 31, 1992

Dec. 31, 1992

PACER
8

ORDER Setting Rule 16 Scheduling Conference by Judge David W. McKeague; scheduling conf set at 10:00 a.m. on 1/20/93; joint status report due 3 days prior to Rule 16 (ddl set 1/17/93) (cc: all counsel) (lkd) (Entered: 01/06/1993)

Jan. 5, 1993

Jan. 5, 1993

PACER
9

TRACKING INFORMATION STATEMENT filed by defendant Gerald H. Miller; Recommended Track: none indicated (lcb) (Entered: 01/12/1993)

Jan. 12, 1993

Jan. 12, 1993

PACER
10

JOINT STATUS REPORT by plaintiff MI Protect Advocacy, and defendant Gerald H. Miller (lcb) (Entered: 01/14/1993)

Jan. 14, 1993

Jan. 14, 1993

PACER

RULE 16 SCHEDULING CONFERENCE held in chambers at 10:12 a.m. on 1/20/93 ; Case Management Order to follow (lkd)

Jan. 20, 1993

Jan. 20, 1993

PACER
11

CASE MANAGEMENT ORDER (6 pgs) by Judge David W. McKeague joinder/amendment by 1/29/93; pltf's witnesses by 3/22/93; dft's witnesses by 4/5/93; jury trial set for 10/5/93; discovery completed by 5/5/93; dispositive motion filing ddl set for 5/5/93; settlement conf set for 2/19/93; pretrial conf set for 9/27/93 before Judge McKeague; Track Designation: Expedited (cc: all counsel) (lcb) (Entered: 01/25/1993)

Jan. 22, 1993

Jan. 22, 1993

PACER
12

STIPULATION AND ORDER (2 pgs) by Judge David W. McKeague allowing first amended answer and affirmative defenses to be filed by the defendant (cc: all counsel) (lcb) (Entered: 02/03/1993)

Jan. 29, 1993

Jan. 29, 1993

PACER
13

FIRST AMENDED ANSWER to the complaint [5-1] by defendant Gerald H. Miller w/affirmative defenses and proof of mailing (lcb) (Entered: 02/03/1993)

Jan. 29, 1993

Jan. 29, 1993

PACER
14

WITNESS LIST submitted by pltf; Proof of Service (lkd) (Entered: 03/22/1993)

March 22, 1993

March 22, 1993

PACER
15

PROOF OF SERVICE by plaintiff MI Protect Advocacy of request for production of documents (lcb) (Entered: 03/29/1993)

March 29, 1993

March 29, 1993

PACER
16

WITNESS LIST submitted by defendant Gerald H. Miller w/proof of mailing (lcb) (Entered: 04/05/1993)

April 5, 1993

April 5, 1993

PACER
17

PROOF OF SERVICE by deft for Response to pltf's First Request for Production of Documents (lkd) (Entered: 04/26/1993)

April 26, 1993

April 26, 1993

PACER
18

MOTION by plaintiff MI Protect Advocacy for summary judgment w/brief, attachments and proof of mailing (Oral Argument Requested) (lcb) (Entered: 05/05/1993)

May 5, 1993

May 5, 1993

PACER
19

NOTICE OF HEARING: setting motion for summary judgment [18-1] at 2:30 p.m. on 6/28/93 (cc: all counsel) (lkd) (Entered: 05/06/1993)

May 6, 1993

May 6, 1993

PACER
20

BRIEF IN OPPOSITION by defendant Gerald H. Miller to plaintiff's motion for summary judgment [18-1] w/unsigned Affidavits of Henry McQueen and Otis Davis (ldm) (Entered: 06/02/1993)

June 2, 1993

June 2, 1993

PACER
21

AFFIDAVITS of Henry McQueen, dated 6/2/93 and of Otis Davis, dated 6/3/93 and proof of mailing (lcb) (Entered: 06/04/1993)

June 4, 1993

June 4, 1993

PACER
22

REPLY BRIEF by plaintiff MI Protect Advocacy to defendant's brief in opposition to plaintiff's motion for summary judgment [18-1] w/Atchs 1, 2, and 3, and proof of svc. (ldm) (Entered: 06/15/1993)

June 15, 1993

June 15, 1993

PACER

PROCEEDING before Judge David W. McKeague; taking under advisement on 6/28/93 motion for summary judgment [18-1]; deft to respond to Robbins permanent injunction within 30 days; pltf's reply due within 15 days; pltf to submit supplemental brief within 30 days; deft has 15 days to respond; parties to meet to select or agree to procedure through which to select person or persons to advise court re: access within 30 days (lkd)

June 28, 1993

June 28, 1993

PACER
23

PROOF OF SERVICE by pltf for First Request for Admissions of Fact and Genuineness of Documents (lkd) (Entered: 07/07/1993)

July 6, 1993

July 6, 1993

PACER
24

PROOF OF SERVICE by defendant Gerald H. Miller of response to plaintiff's first request for admissions of fact and genuineness of documents (lcb) (Entered: 07/19/1993)

July 19, 1993

July 19, 1993

PACER

Letter from the Clerk's Office returning defendant's response to plaintiff's first request for admissions of fact and genuiness of documents, (Proof of Service, filed) (lcb)

July 19, 1993

July 19, 1993

PACER
25

SUPPLEMENTAL BRIEF by plaintiff MI Protect Advocacy on existence of eligible protection and advocacy for mentally ill individuals act (PAMII) clients in department of social services' facilities (to be incorporated with motion for summary judgment) [18-1] w/attachments 1, 2 and proof of mailing (lcb) (Entered: 07/22/1993)

July 22, 1993

July 22, 1993

PACER
26

SUPPLEMENTAL BRIEF by defendant Gerald H. Miller re plaintiff's motion for summary judgment with regard to access criteria [18-1] w/proof of mailing (lcb) (Entered: 07/23/1993)

July 23, 1993

July 23, 1993

PACER
27

RESPONSE (REPLY) by plaintiff to defendant's supplemental brief regarding access criteria [26-1] w/proof of svc (ldm) (Entered: 08/06/1993)

Aug. 6, 1993

Aug. 6, 1993

PACER
28

BRIEF IN RESPONSE by defts [25-1] to pltf's supplemental brief on existence of eligible clients; Affidavit of Arthur Dale Shears, Jr.; Proof of Service (lkd) (Entered: 08/16/1993)

Aug. 16, 1993

Aug. 16, 1993

PACER
29

TRIAL DOCKET: (2 pgs) Non-Jury Trial commencing @ 9:00 a.m. on 10/5/93; # 5 (cc: all counsel) (lkd) Modified on 09/01/1993 (Entered: 09/01/1993)

Aug. 31, 1993

Aug. 31, 1993

PACER
30

NOTICE of intent to dismiss without prejudice within 14 days if proposed orders effectuating settlement are not filed (cc: all counsel) (lkd) (Entered: 02/11/1994)

Feb. 10, 1994

Feb. 10, 1994

PACER
31

OPINION (18 pages) by Judge David W. McKeague (cc: all counsel) (ldm) (Entered: 03/28/1994)

March 24, 1994

March 24, 1994

Clearinghouse
32

ORDER (2 pages) in accordance with Opinion #31 by Judge David W. McKeague granting plaintiff's motion for summary judgment [18-1]; ordering both parties to submit to the court by 4/6/94 the names of two individuals to serve as special masters along with info re compensation, duties, timeline for resolution of this matter by 5/6/94 by Special Master, and stipulation as to finality of Special Masters' findings (cc: all counsel) (ldm) (Entered: 03/28/1994)

March 24, 1994

March 24, 1994

PACER
33

STIPULATION AND ORDER (6 pages) by Judge David W. McKeague dismissing case, (copies mailed to Atty. Skinner for dist) (ldm) (Entered: 04/28/1994)

April 22, 1994

April 22, 1994

PACER
34

PROOF OF SERVICE by plaintiff for stipulation and order of dismissal (ldm) (Entered: 04/28/1994)

April 28, 1994

April 28, 1994

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Disability Rights

Key Dates

Filing Date: Dec. 11, 1992

Closing Date: April 22, 1994

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Michigan Department of Social Services (Lansing, Ingham), State

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

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Required disclosure

Issues

General:

Records Disclosure

Disability and Disability Rights:

disability, unspecified

P&A access authority

P&A Associational Standing