Filed Date: March 19, 2021
Closed Date: April 19, 2021
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This is a case about a protection and advocacy (P&A) agency’s records access authority for police investigation records. On March 19, 2021, Disability Rights North Carolina filed this lawsuit in the U.S. District Court for the Middle District of North Carolina. Disability Rights North Carolina alleged that the Chief of the Lexington Police Department, acting in his official capacity, violated the Developmental Disabilities Assistance and Bill of Rights Act (DD Act) when the Department refused to provide them with death investigation records for an individual with disabilities. Judge Loretta C. Biggs presided over this matter.
This lawsuit began after an individual residing in a Lexington, NC group home with a developmental disability died from injuries. The injuries occurred because she was struck by a vehicle operated by a transportation company contracting with the group home. Disability Rights NC received a report about this death and began an investigation under the DD Act. Pursuant to its DD Act authority, Disability Rights NC requested the individual’s full death investigation file from the Lexington Police Department. The Department did not respond to this request, until ultimately providing a motor vehicle accident report. The Department refused to provide any additional records absent a court order. The defendants did not respond to Disability Rights NC’s complaint, and on April 19, 2021, Disability Rights NC voluntarily dismissed the case.
Summary Authors
NDRN (7/11/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59747493/parties/disability-rights-north-carolina-v-rummage/
Biggs, Loretta Copeland (North Carolina)
SULLIVAN, KRISTINE L. (North Carolina)
See docket on RECAP: https://www.courtlistener.com/docket/59747493/disability-rights-north-carolina-v-rummage/
Last updated Aug. 5, 2025, 7:13 a.m.
State / Territory: North Carolina
Case Type(s):
Key Dates
Filing Date: March 19, 2021
Closing Date: April 19, 2021
Case Ongoing: No
Plaintiffs
Plaintiff Description:
North Carolina's 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
Lexington Police Department, City
Defendant Type(s):
Case Details
Causes of Action:
Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Disability and Disability Rights: