Case: Michigan Protection and Advocacy Service v. City of Lansing

1:20-cv-00030 | U.S. District Court for the Western District of Michigan

Filed Date: Jan. 13, 2020

Closed Date: Feb. 6, 2020

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Case Summary

This is a case about a Protection and Advocacy (P&A) agency’s access authority in the state of Michigan. On January 13, 2020, Michigan Protection and Advocacy Service (MPAS) filed this lawsuit in the U.S. District Court for the Western District of Michigan. Plaintiff alleged that the City of Lansing violated the Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, the Developmental Disabilities Assistance and Bill of Rights (DD) Act, and the Protection and Advocacy of Indivi…

This is a case about a Protection and Advocacy (P&A) agency’s access authority in the state of Michigan.

On January 13, 2020, Michigan Protection and Advocacy Service (MPAS) filed this lawsuit in the U.S. District Court for the Western District of Michigan. Plaintiff alleged that the City of Lansing violated the Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, the Developmental Disabilities Assistance and Bill of Rights (DD) Act, and the Protection and Advocacy of Individual Rights (PAIR) Program, when the City of Lansing Police Department (Police Department) refused to provide access to records for purposes of investigating abuse and neglect. Judge Hon. Paul L. Maloney presided over this matter.

This lawsuit began after MPAS determined that it had probable cause to investigate the possible abuse and/or neglect of an individual with a disability upon receiving a death report of a patient in the psychiatric unit of Sparrow Hospital. The Police Department denied MPAS’ request to access records pertaining to the alleged abuse and/or neglect, insisting that the records must be redacted in accordance with the Freedom of Information Act (FOIA).

On January 31, 2020, the court approved a consent decree negotiated by the parties. The decree stated that plaintiff would have access to the records, with Law Enforcement Information Network information but not personal health information redacted, and that the lawsuit would be dismissed with prejudice. The defendant paid $462.56 in litigation costs to MPAS. On February 6, 2020, the court issued an order of dismissal.

The case is now closed.

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Summary Authors

NDRN (7/5/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16783596/parties/michigan-protection-and-advocacy-service-inc-v-lansing-city-of/

Judge(s)

Maloney, Paul Lewis (Michigan)

Attorney for Plaintiff

Zagata, Simon (Michigan)

Attorney for Defendant

Sumner, Heather Elizabeth (Michigan)

Judge(s)

Maloney, Paul Lewis (Michigan)

Attorney for Plaintiff

Zagata, Simon (Michigan)

Attorney for Defendant

Sumner, Heather Elizabeth (Michigan)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:20-cv-00030	Complaint Michigan Protection and Advocacy Svc v. City of Lansing	Jan. 13, 2020	Jan. 13, 2020 Complaint
8 1:20-cv-00030	Stipulation for Entry of Consent Decree Michigan Protection and Advocacy Svc v. City of Lansing	Jan. 31, 2020	Jan. 31, 2020 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/16783596/michigan-protection-and-advocacy-service-inc-v-lansing-city-of/

Last updated Aug. 6, 2025, 10:57 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against City of Lansing filed by Michigan Protection and Advocacy Service, Inc. (Zagata, Simon) Modified text and filer on 1/14/2020 (jlg) (Entered: 01/13/2020)	Jan. 13, 2020	Jan. 13, 2020 Clearinghouse
	FILING FEE PAID re 1 by plaintiff Michigan Protection and Advocacy Service, Inc. in the amount of $400, receipt number AMIWDC-4798092 (Zagata, Simon)	Jan. 14, 2020	Jan. 14, 2020 PACER
2	PROPOSED SUMMONS to be issued re 1 (Zagata, Simon) (Entered: 01/14/2020)	Jan. 14, 2020	Jan. 14, 2020 PACER
3	CORPORATE DISCLOSURE STATEMENT by Michigan Protection and Advocacy Service, Inc. (Zagata, Simon) (Entered: 01/14/2020)	Jan. 14, 2020	Jan. 14, 2020 PACER
4	NOTICE that this case has been assigned Paul L. Maloney (ns) (Entered: 01/14/2020)	Jan. 14, 2020	Jan. 14, 2020 PACER
5	SUMMONS ISSUED as to defendant City of Lansing (ns) (Entered: 01/14/2020)	Jan. 14, 2020	Jan. 14, 2020 PACER
6	SUMMONS returned executed; City of Lansing served on 1/14/2020, answer due 2/4/2020 (Zagata, Simon) (Entered: 01/14/2020)	Jan. 14, 2020	Jan. 14, 2020 PACER
7	Consent Decree (Proposed)	Jan. 30, 2020	Jan. 30, 2020 PACER
7	PROPOSED CONSENT DECREE by defendant Lansing, City of [Attorney Heather Elizabeth Sumner added to party Lansing, City of(pty:dft)] (Sumner, Heather) (Entered: 01/30/2020)	Jan. 30, 2020	Jan. 30, 2020 PACER
7	Consent Decree (Proposed)	Jan. 30, 2020	Jan. 30, 2020 PACER
8	CONSENT DECREE; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 01/31/2020)	Jan. 31, 2020	Jan. 31, 2020 Clearinghouse
9	PROPOSED STIPULATION and ORDER FOR DISMISSAL by plaintiff Michigan Protection and Advocacy Service, Inc. (Zagata, Simon) (Entered: 02/06/2020)	Feb. 6, 2020	Feb. 6, 2020 PACER
10	STIPULATION AND ORDER of dismissal; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 02/06/2020)	Feb. 6, 2020	Feb. 6, 2020 PACER