Case: Disability Rights NC v. Rummage

1:21-cv-00220 | U.S. District Court for the Middle District of North Carolina

Filed Date: March 19, 2021

Closed Date: April 19, 2021

Clearinghouse coding complete

Case Summary

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 t…

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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59747493/parties/disability-rights-north-carolina-v-rummage/


Attorney for Plaintiff

SULLIVAN, KRISTINE L. (North Carolina)

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Documents in the Clearinghouse

Document
1

1:21-cv-00220

Complaint

Disability Rights North Carolina v. Rummage

March 19, 2021

March 19, 2021

Complaint
7

1:21-cv-00220

Notice of Voluntary Dismissal

Disability Rights North Carolina v. Rummage

April 19, 2021

April 19, 2021

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59747493/disability-rights-north-carolina-v-rummage/

Last updated April 7, 2024, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against ROBBY RUMMAGE (Filing fee $ 402 receipt number 0418-3011413), filed by DISABILITY RIGHTS NORTH CAROLINA. (SULLIVAN, KRISTINE) (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

Clearinghouse
2

Corporate Disclosure Statement by DISABILITY RIGHTS NORTH CAROLINA. (SULLIVAN, KRISTINE) (Main Document 2 replaced on 3/19/2021 with flattened version.) (Hicks, Samantha (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER
3

NOTICE of Attorney Appearance by attorney KRISTINE L. SULLIVAN on behalf of Plaintiff DISABILITY RIGHTS NORTH CAROLINA (SULLIVAN, KRISTINE) (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER
4

Summons Issued as to ROBBY RUMMAGE. (Hicks, Samantha) (Main Document 4 replaced on 3/19/2021 with corrected version per attorney.) (Hicks, Samantha) (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER
5

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 Consent Form) (Hicks, Samantha) (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER

Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAG/JUDGE L. PATRICK AULD. (Hicks, Samantha)

March 19, 2021

March 19, 2021

PACER

Case Assigned

March 19, 2021

March 19, 2021

PACER
6

AFFIDAVIT OF SERVICE as to ROBBY RUMMAGE served on 3/25/2021, answer due 4/15/2021. (Attachments: # 1 Exhibit Return Receipt)(SULLIVAN, KRISTINE) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER
7

NOTICE of Voluntary Dismissal of case by Plaintiff DISABILITY RIGHTS NORTH CAROLINA (SULLIVAN, KRISTINE) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

RECAP

Case Details

State / Territory: North Carolina

Case Type(s):

Disability Rights

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):

Law-enforcement

Case Details

Causes of Action:

Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Unknown

Source of Relief:

Unknown

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing