Case: Missouri Protection & Advocacy Services v. Missouri Department of Mental Health

2:04-cv-04064 | U.S. District Court for the Western District of Missouri

Filed Date: April 5, 2004

Closed Date: May 10, 2006

Clearinghouse coding complete

Case Summary

This is a case about a Protection and Advocacy (P&A) agency’s records access authority for peer review records in a death investigation. On April 5, 2004, Missouri P&A Services filed this lawsuit in the U.S. District Court for the Western District of Missouri. Missouri P&A filed this lawsuit against the Missouri Department of Mental Health under the Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act. Represented by itself, Missouri P&A sought declarative and injunctive reli…

This is a case about a Protection and Advocacy (P&A) agency’s records access authority for peer review records in a death investigation. On April 5, 2004, Missouri P&A Services filed this lawsuit in the U.S. District Court for the Western District of Missouri. Missouri P&A filed this lawsuit against the Missouri Department of Mental Health under the Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act. Represented by itself, Missouri P&A sought declarative and injunctive relief that required the Department provide a Mortality and Morbidity report for a patient who died at a Department operated psychiatric hospital in accordance with the PAIMI Act. Judge Nanette Kay Laughrey presided over this matter.

Missouri P&A learned that a resident died at a Department operated psychiatric hospital and subsequently requested a copy of the individual’s Mortality and Morbidity report from the Department. The Department refused to provide these records because they claimed that these were confidential peer review records outside the scope of the P&A’s records access authority under the PAIMI Act. In response, Missouri P&A filed a Motion for Summary Judgment that required the Department provide them with these records under the PAIMI Act. In February 1 2005, the court granted the P&A’s Motion for Summary Judgment. The court reasoned that the records requested were peer review records that a P&A could access under the PAIMI Act. Following this decision, plaintiffs sought attorney’s fees from the Department under 42 U.S.C. § 1983. In July 19 2005, the court dismissed the plaintiff’s Motion for Summary Judgement for its fee claims under 42 U.S.C. § 1983 and granted the Department’s Motion for Summary Judgment on this claim. The U.S. Court of Appeals for the Eighth Circuit affirmed the lower court’s decision on the 42 U.S.C. § 1983 claim in May 2006

Summary Authors

NDRN (3/18/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4643240/parties/missouri-protection-advocacy-services-v-missouri-department-of-mental/


Attorney for Plaintiff

Fessler, Erica Stephens (Missouri)

Finkelstein, Michael H. (Missouri)

Attorney for Defendant

Matanic, Bart A. (Missouri)

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Documents in the Clearinghouse

Document
1

2:04-cv-04064

Complaint

Missouri Protection and Advocacy Services v. Missouri Department of Mental Health

April 5, 2004

April 5, 2004

Complaint
13

2:04-cv-04064

Motion for Summary Judgment

Missouri Protection and Advocacy Services v. Missouri Department of Mental Health

Sept. 27, 2004

Sept. 27, 2004

Pleading / Motion / Brief
29

2:04-cv-04064

Complainant's Motion for Summary Judgment

Missouri Protection and Advocacy Services v. Missouri Department of Mental Health

May 19, 2005

May 19, 2005

Pleading / Motion / Brief
40

2:04-cv-04064

Order

Missouri Protection and Advocacy Services v. Missouri Department of Mental Health

July 19, 2005

July 19, 2005

Order/Opinion

2005 WL 2005

05-01780

USCA Opinion

U.S. Court of Appeals for the Eighth Circuit

May 10, 2006

May 10, 2006

Order/Opinion

447 F.3d 447

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4643240/missouri-protection-advocacy-services-v-missouri-department-of-mental/

Last updated April 7, 2024, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Missouri Department of Mental Health, Dorn Schuffman (Filing fee $ 150 receipt number 210087) Service due by 8/3/2004, filed by Michael H. Finkelstein on behalf of Missouri Protection & Advocacy Services. (Attachments: # 1)(Finkelstein, Michael) (Entered: 04/05/2004)

April 5, 2004

April 5, 2004

Clearinghouse
2

REQUEST FOR WAIVER of service sent to Jim Impey on April 6, 2004 by Missouri Protection & Advocacy Services. Waiver of Service due by 5/6/2004. (Attachments: # 1)(Stephens, Erica) (Entered: 04/06/2004)

April 6, 2004

April 6, 2004

PACER
3

ORDER RELIEVING PARTIES OF THE OBLIGATION TO PROVIDE COURTESY COPIES OF PLEADINGS TO DIVISION 5 (Kanies, Renea) (Entered: 04/07/2004)

April 7, 2004

April 7, 2004

PACER
4

ORDER ON PRETRIAL PROCEDURES (Kanies, Renea) (Entered: 04/07/2004)

April 7, 2004

April 7, 2004

PACER
5

WAIVER OF SERVICE returned executed by Missouri Protection & Advocacy Services. Missouri Department of Mental Health waiver sent on 4/6/2004, answer due 6/7/2004; Dorn Schuffman waiver sent on 4/6/2004, answer due 6/7/2004. (Finkelstein, Michael) (Entered: 05/20/2004)

May 20, 2004

May 20, 2004

PACER
6

Notice of EAPJ (Attachments: # 1 General Order)(Price, Jackie) (Entered: 05/28/2004)

May 28, 2004

May 28, 2004

PACER
7

ANSWER to Complaint filed by Bart A. Matanic on behalf of Defendants Missouri Department of Mental Health, Dorn Schuffman.(Matanic, Bart) (Entered: 06/02/2004)

June 2, 2004

June 2, 2004

PACER
8

ORDER. Proposed scheduling order due by 7/13/2004, rule 26 conference due by 7/6/2004. (Kanies, Renea) (Entered: 06/14/2004)

June 14, 2004

June 14, 2004

PACER
9

Joint PROPOSED SCHEDULING ORDER by Missouri Department of Mental Health, Missouri Protection & Advocacy Services, Dorn Schuffman. (Finkelstein, Michael) (Entered: 07/13/2004)

July 13, 2004

July 13, 2004

PACER
10

NOTICE of Endorsement by Missouri Department of Mental Health, Dorn Schuffman of Document No. 9 entitled "Joint Proposed Scheduling Plan" (Matanic, Bart) (Entered: 07/13/2004)

July 13, 2004

July 13, 2004

PACER
11

SCHEDULING ORDER: Dispositive Motions due by 9/27/2004. (Kanies, Renea) Modified on 7/28/2004 to correct date order was signed(Kanies, Renea). (Entered: 07/28/2004)

July 28, 2004

July 28, 2004

PACER
12

MOTION for summary judgment filed by Bart A. Matanic on behalf of Missouri Department of Mental Health, Dorn Schuffman suggestions in opposition due by 11/1/2004. (Attachments: # 1 Affidavit)(Matanic, Bart) (Entered: 09/27/2004)

Sept. 27, 2004

Sept. 27, 2004

PACER
13

MOTION for summary judgment filed by Michael H. Finkelstein on behalf of Missouri Protection & Advocacy Services suggestions in opposition due by 11/1/2004. (Attachments: # 1 # 2 # 3 # 4 # 5)(Finkelstein, Michael) (Entered: 09/27/2004)

Sept. 27, 2004

Sept. 27, 2004

Clearinghouse
14

SUGGESTIONS in opposition to motion for summary judgment re 13 MOTION for summary judgment filed by Bart A. Matanic on behalf of Defendants Missouri Department of Mental Health, Dorn Schuffman. Reply suggestions due by 11/8/2004 unless otherwise directed by the court (Related document(s) 13 ) (Matanic, Bart) (Entered: 10/22/2004)

Oct. 22, 2004

Oct. 22, 2004

PACER
15

SUGGESTIONS in opposition to motion for summary judgment re 12 MOTION for summary judgment of Defendants filed by Michael H. Finkelstein on behalf of Plaintiff Missouri Protection & Advocacy Services. Reply suggestions due by 11/16/2004 unless otherwise directed by the court (Related document(s) 12 ) (Finkelstein, Michael) (Entered: 11/01/2004)

Nov. 1, 2004

Nov. 1, 2004

PACER
16

REPLY SUGGESTIONS to motion re 12 MOTION for summary judgment (Defendants' Reply in Support of their Motion for Summary Judgment) filed by Bart A. Matanic on behalf of Defendants Missouri Department of Mental Health, Dorn Schuffman. (Related document(s) 12 ) (Matanic, Bart) (Entered: 11/15/2004)

Nov. 15, 2004

Nov. 15, 2004

PACER
17

REPLY SUGGESTIONS to motion re 13 MOTION for summary judgment filed by Michael H. Finkelstein on behalf of Plaintiff Missouri Protection & Advocacy Services. (Related document(s) 13 ) (Finkelstein, Michael) (Entered: 11/16/2004)

Nov. 16, 2004

Nov. 16, 2004

PACER
18

ORDER by Judge Nanette Laughrey. Defendants' Motion for Summary Judgment [Doc. 12] is DENIED. It is further ORDERED that the Plaintiff's Motion for Summary Judgment [Doc. 13] is GRANTED. The Court declares that, pursuant to PAIMI, the Plaintiff is entitled to review the Mortality and Morbidity Report of Mr. James Riley. Plaintiff's use of that document is limited by the restrictions imposed by PAIMI. The Defendants are ordered to make that report available to the Plaintiff immediately for those purposes contemplated by the PAIMI. (Kanies, Renea) (Entered: 02/01/2005)

Feb. 1, 2005

Feb. 1, 2005

PACER
19

CLERK'S JUDGMENT (Kanies, Renea) (Entered: 02/01/2005)

Feb. 1, 2005

Feb. 1, 2005

PACER
20

MOTION to stay pending appeal filed byBart A. Matanic on behalf of Missouri Department of Mental Health, Dorn Schuffman Suggestions in opposition/response due by 2/22/2005 unless otherwise directed by the court (Matanic, Bart) (Entered: 02/04/2005)

Feb. 4, 2005

Feb. 4, 2005

PACER
21

SUGGESTIONS in opposition re 20 MOTION to stay pending appeal filed by Michael H. Finkelstein on behalf of Plaintiff Missouri Protection & Advocacy Services. Reply suggestions due by 2/23/2005 unless otherwise directed by the court (Related document(s) 20 ) (Finkelstein, Michael) (Entered: 02/08/2005)

Feb. 8, 2005

Feb. 8, 2005

PACER
22

REPLY SUGGESTIONS to motion re 20 MOTION to stay pending appeal filed by Bart A. Matanic on behalf of Defendants Missouri Department of Mental Health, Dorn Schuffman. (Related document(s) 20 ) (Matanic, Bart) (Entered: 02/09/2005)

Feb. 9, 2005

Feb. 9, 2005

PACER
23

PROPOSED SCHEDULING ORDER by Missouri Protection & Advocacy Services, Missouri Department of Mental Health, Dorn Schuffman. (Finkelstein, Michael) (Entered: 02/18/2005)

Feb. 18, 2005

Feb. 18, 2005

PACER
24

SCHEDULING ORDER: Discovery due by 5/6/2005. Pretrial Conference set for 8/15/2005 08:30 AM in District Courtroom, Jefferson City(djc) before Nanette Laughrey. Bench Trial set for 8/15/2005 09:00 AM in District Courtroom, Jefferson City(djc) before Nanette Laughrey.Dispositive Motions due by 5/20/2005. (Attachments: # 1 Memo on PTC)(Kanies, Renea) (Entered: 02/24/2005)

Feb. 24, 2005

Feb. 24, 2005

PACER
25

RULES OF TRIAL (Kanies, Renea) (Entered: 02/24/2005)

Feb. 24, 2005

Feb. 24, 2005

PACER
26

AMENDED SCHEDULING ORDER (to correct clerical error with trial date). Discovery due by 5/6/2005. Pretrial Conference set for 8/15/2005 at 08:30 AM in District Courtroom, Jefferson City(djc) before Nanette Laughrey. Bench Trial set for 8/15/2005 09:00 AM in District Courtroom, Jefferson City(djc) before NanetteLaughrey.Dispositive Motions due by 5/20/2005. (Attachments: # 1 Memo on PTC)(Kanies, Renea) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

PACER
27

NOTICE OF APPEAL as to 18 Order on Motion for Summary Judgment,,,,, by Missouri Department of Mental Health. Filing fee $ 255, receipt number 225249. (Attachments: # 1)(Matanic, Bart) (Entered: 03/01/2005)

March 1, 2005

March 1, 2005

PACER
28

TRANSMISSION of Notice of Appeal and docket sheet to US Court of Appeals re 27 Notice of Appeal (Price, Jackie) (Entered: 03/22/2005)

March 22, 2005

March 22, 2005

PACER

***Appeal Receipt of Notice of Appeal and supporting documents received by USCA on: Tue Mar 22 16:00:25 CST 2005 (Price, Jackie)

March 22, 2005

March 22, 2005

PACER

US COURT OF APPEALS 8th Circuit CASE NUMBER 05-1780 for 27 Notice of Appeal filed by Missouri Department of Mental Health,. (Bax, Laura)

March 24, 2005

March 24, 2005

PACER
29

MOTION for summary judgment filed byMichael H. Finkelstein on behalf of Missouri Protection & Advocacy Services Suggestions in opposition/response due by 6/21/2005 unless otherwise directed by the court (Finkelstein, Michael) (Entered: 05/19/2005)

May 19, 2005

May 19, 2005

Clearinghouse
30

MOTION for summary judgment on Sec. 1983 Claim filed byBart A. Matanic on behalf of Missouri Department of Mental Health, Dorn Schuffman Suggestions in opposition/response due by 6/21/2005 unless otherwise directed by the court (Attachments: # 1)(Matanic, Bart) (Entered: 05/19/2005)

May 19, 2005

May 19, 2005

PACER
31

SUGGESTIONS in opposition to motion for summary judgment re 29 MOTION for summary judgment filed by Bart A. Matanic on behalf of Defendants Missouri Department of Mental Health, Dorn Schuffman. Reply suggestions due by 6/29/2005 unless otherwise directed by the court (Related document(s) 29 ) (Matanic, Bart) (Entered: 06/14/2005)

June 14, 2005

June 14, 2005

PACER
32

MOTION for extension of time Within Which to File Suggestions in Opposition to Defendants' Motion for Summary Judgment filed byMichael H. Finkelstein on behalf of Missouri Protection & Advocacy Services Suggestions in opposition/response due by 7/5/2005 unless otherwise directed by the court (Finkelstein, Michael) (Entered: 06/20/2005)

June 20, 2005

June 20, 2005

PACER
33

ORDER entered by Judge Nanette Laughrey granting 32 MOTION for extension of time Within Which to File Suggestions in Opposition to Defendants' Motion for Summary Judgment. Plaintiff's opposition is due 7/1/1005. (Text entry only - no document attached) (Kanies, Renea) (Entered: 06/21/2005)

June 21, 2005

June 21, 2005

PACER
34

REPLY SUGGESTIONS to motion re 29 MOTION for summary judgment filed by Michael H. Finkelstein on behalf of Plaintiff Missouri Protection & Advocacy Services. (Related document(s) 29 ) (Finkelstein, Michael) (Entered: 06/29/2005)

June 29, 2005

June 29, 2005

PACER
35

SUGGESTIONS in opposition to motion for summary judgment re 30 MOTION for summary judgment on Sec. 1983 Claim filed by Michael H. Finkelstein on behalf of Plaintiff Missouri Protection & Advocacy Services. Reply suggestions due by 7/18/2005 unless otherwise directed by the court (Related document(s) 30 ) (Finkelstein, Michael) (Entered: 07/01/2005)

July 1, 2005

July 1, 2005

PACER
36

ORDER SETTING MONDAY, AUGUST 15, 2005, TRIAL DOCKET (2 WEEK DOCKET).(Smith, Fran) (Entered: 07/06/2005)

July 6, 2005

July 6, 2005

PACER
37

REPLY SUGGESTIONS in support re 30 MOTION for summary judgment on Sec. 1983 Claim filed by Bart A. Matanic on behalf of Defendants Missouri Department of Mental Health, Dorn Schuffman. (Related document(s) 30 ) (Matanic, Bart) Modified on 7/14/2005 to correct event name(James, Carrie). (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

PACER
38

MOTION to set aside 36 Order Setting Trial filed byMichael H. Finkelstein on behalf of Missouri Protection & Advocacy Services Suggestions in opposition/response due by 7/26/2005 unless otherwise directed by the court (Related document(s) 36 ) (Finkelstein, Michael) (Entered: 07/11/2005)

July 11, 2005

July 11, 2005

PACER

Settlement Conference set for 7/21/2005 at 9:30 AM in Magistrate Courtroom, Jefferson City (WAK) before William Knox. Signed by Judge William A. Knox on 7/12/05. (Price, Jackie)

July 12, 2005

July 12, 2005

PACER
39

AMENDED NOTICE of hearing - Settlement Conference RESET for 8/2/2005 09:30 AM in Magistrate Courtroom, Jefferson City (WAK) before William Knox. (Price, Jackie) (Entered: 07/12/2005)

July 12, 2005

July 12, 2005

PACER
40

ORDER entered by Judge Nanette Laughrey. Plaintiff's Motion for Summary Judgment [Doc. 29] is DENIED. It is further ORDERED that Defendants' Motion for Summary Judgment [Doc. 30] is GRANTED. It is further ORDERED that Defendants' Motion to Stay Execution of Judgment [Doc. 20] is GRANTED. It is further ORDERED that Plaintiff's Motion to Set Aside Trial [Doc. 38] is GRANTED. (Kanies, Renea) (Entered: 07/19/2005)

July 19, 2005

July 19, 2005

Clearinghouse
41

NOTICE of CANCELLATION: settlement conference scheduled for 8/2/05 has been cancelled. (Price, Jackie) (Entered: 08/01/2005)

Aug. 1, 2005

Aug. 1, 2005

PACER
42

CLERK'S JUDGMENT (Kanies, Renea) (Entered: 08/08/2005)

Aug. 8, 2005

Aug. 8, 2005

PACER
43

NOTICE OF APPEAL as to 40 Order on Motion to Set Aside,, Order on Motion to Stay,, Order on Motion for Summary Judgment,,, by Missouri Protection & Advocacy Services. Filing fee $ 255, receipt number 237454. (Finkelstein, Michael) (Entered: 08/17/2005)

Aug. 17, 2005

Aug. 17, 2005

PACER
44

TRANSMISSION of Notice of Appeal and docket sheet to US Court of Appeals re 43 Notice of Appeal (James, Carrie) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

PACER

***Appeal Receipt of Notice of Appeal and supporting documents received by USCA on: Mon Aug 22 13:20:18 CDT 2005 (James, Carrie)

Aug. 22, 2005

Aug. 22, 2005

PACER

US COURT OF APPEALS 8th Circuit CASE NUMBER 05-3303 for 43 Notice of Appeal filed by Missouri Protection & Advocacy Services. (Bax, Laura)

Aug. 24, 2005

Aug. 24, 2005

PACER
45

Appeal Remark re 27 Notice of Appeal, 43 Notice of Appeal: advance opinion (Bax, Laura) (Entered: 05/15/2006)

May 15, 2006

May 15, 2006

PACER
46

USCA JUDGMENT AND MANDATE as to 27 Notice of Appeal filed by Missouri Department of Mental Health,, 43 Notice of Appeal filed by Missouri Protection & Advocacy Services, with mandate issued on 6/2/06 (Attachments: # 1 Opinion)(James, Carrie) (Entered: 06/06/2006)

1

View on RECAP

June 6, 2006

June 6, 2006

PACER
47

PROPOSED BILL OF COSTS by Missouri Protection & Advocacy Services.Objections to Bill of Costs due by 7/7/2006 (Finkelstein, Michael) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

PACER
48

COSTS TAXED in amount of $ $255.00 against defendants (Elayer, Glenda) (Entered: 07/25/2006)

July 25, 2006

July 25, 2006

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Disability Rights

Key Dates

Filing Date: April 5, 2004

Closing Date: May 10, 2006

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

Missouri Department of Mental Health, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801

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

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Required disclosure

Issues

General/Misc.:

Records Disclosure

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing