Case: Disability Rights of North Carolina v. Sprouse

1:17-cv-00197 | U.S. District Court for the Western District of North Carolina

Filed Date: July 21, 2017

Closed Date: Aug. 9, 2018

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Case Summary

This is a case about a Protection and Advocacy agency’s records access authority for investigations conducted by a government agency into a private facility. On July 21, 2017, Disability Rights North Carolina (Disability Rights NC), North Carolina’s P&A, filed this lawsuit in the U.S. District Court for the Western District of North Carolina. Disability Rights North Carolina filed this lawsuit against Lisa Sprouse, Director of McDowell County’s Department of Social Services (Department), in her official capacity. Disability Rights NC filed this lawsuit under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), the Protection and Advocacy of Individual Rights Act (PAIR Act), and the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act). Represented by itself, Disability Rights NC alleged that the Department did not provide them with records of an investigation into Cedarbrook Residential Center, a privately operated Assisted Living Facility in McDowell County, in accordance with Disability Rights NC’s records access authority. Judge Dennis L. Howell presided over this matter.

This matter arose after the Department conducted an investigation into Cedarbrook Residential Center, and subsequently provided Disability Rights NC with a redacted version of the investigation report. Disability Rights NC requested an unredacted version of the investigation report under records access authority, but the Department refused. The Department that they could not provide the records because of an unnamed state confidentiality law. In September 2017, Disability Rights NC filed a Motion for Judgment on the Pleadings because the DD Act, PAIR Act, and PAIMI Act pre-empt all state records confidentiality provisions, and that no factual dispute existed. On August 9, 2018, the court granted Disability Rights NC’s Motion for Judgment and the Pleadings because the DD Act, PAIR Act, and PAIMI Act, pre-empted any state records confidentiality law. The court ordered the Department to provide Disability Rights NC with the unredacted investigation report, and a Permanent Injunction requiring the Department provide Disability Rights NC with future unredacted investigation reports requested under the DD, PAIR, and PAIMI Acts. Following this decision, the case closed on August 9, 2018.

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Summary Authors

NDRN (3/18/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6202521/parties/disability-rights-north-carolina-v-sprouse/

Attorney for Plaintiff

Sullivan, Kristine Louise (North Carolina)

Attorney for Defendant

Walker, Aaron G. (North Carolina)

Attorney for Plaintiff

Sullivan, Kristine Louise (North Carolina)

Attorney for Defendant

Walker, Aaron G. (North Carolina)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:17-cv-00197	Complaint Disability Rights North Carolina v. Sprouse	July 21, 2017	July 21, 2017 Complaint
11 1:17-cv-00197	Plaintiff's Memorandum in Support of Plaintiff's Motion for Judgment on the Pleadings Disability Rights North Carolina v. Sprouse	Sept. 1, 2017	Sept. 1, 2017 Pleading / Motion / Brief
14 1:17-cv-00197	Order	Sept. 14, 2017	Sept. 14, 2017 Order/Opinion
16 1:17-cv-00197	Order	April 10, 2018	April 10, 2018 Order/Opinion
20 1:17-cv-00197	Plaintiff's Memorandum in Support of Plaintiff's Renewed Motion for Judgment on the Pleadings	May 14, 2018	May 14, 2018 Pleading / Motion / Brief
21 1:17-cv-00197	Order on Motion for Judgment on the Pleadings	Aug. 9, 2018	Aug. 9, 2018 Order/Opinion
22 1:17-cv-00197	Judgment - Clerk	Aug. 9, 2018	Aug. 9, 2018 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6202521/disability-rights-north-carolina-v-sprouse/

Last updated July 16, 2023, 3:08 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Lisa G. Sprouse ( Filing fee $ 400 receipt number 0419-3401317), filed by Disability Rights North Carolina.(Sullivan, Kristine) (Entered: 07/21/2017)	July 21, 2017	July 21, 2017 Clearinghouse
2	Corporate Disclosure Statement by Disability Rights North Carolina (Sullivan, Kristine) (Entered: 07/21/2017)	July 21, 2017	July 21, 2017 PACER
3	NOTICE of Appearance by Kristine Louise Sullivan on behalf of Disability Rights North Carolina (Sullivan, Kristine) (Entered: 07/21/2017)	July 21, 2017	July 21, 2017 PACER
4	NOTICE by Disability Rights North Carolina Proposed Summons to Sprouse (Sullivan, Kristine) (Entered: 07/21/2017)	July 21, 2017	July 21, 2017 PACER
5	Summons Issued Electronically as to Lisa G. Sprouse. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (khm) (Entered: 07/21/2017)	July 21, 2017	July 21, 2017 PACER
	Case assigned to District Judge Martin Reidinger and Magistrate Judge Dennis Howell. Notice: You must click this link to retrieve the Case Assignment Packet. This is your only notice - you will not receive a separate document.(khm)	July 21, 2017	July 21, 2017 PACER
6	AFFIDAVIT of Service filed by Disability Rights North Carolina. Lisa G. Sprouse served on 7/27/2017, answer due 8/17/2017. (Attachments: # 1 Exhibit Return Receipt)(Sullivan, Kristine) (Entered: 08/04/2017)	Aug. 4, 2017	Aug. 4, 2017 PACER
7	MOTION TO DISMISS, ANSWER to 1 Complaint by Lisa G. Sprouse.(Walker, Aaron) (Entered: 08/15/2017)	Aug. 15, 2017	Aug. 15, 2017 PACER
	NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The Certificate of Initial Attorneys Conference, and if applicable, the Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 9/5/2017. (khm)	Aug. 15, 2017	Aug. 15, 2017 PACER
8	NOTICE by Disability Rights of North Carolina of Intent Not to Respond to Defendant's Motion to Dismiss (Sullivan, Kristine) (Entered: 08/29/2017)	Aug. 29, 2017	Aug. 29, 2017 PACER
9	CERTIFICATION of initial attorney conference and discovery plan . ALL Parties Consent to Magistrate Jurisdiction (Sullivan, Kristine) (Entered: 09/01/2017)	Sept. 1, 2017	Sept. 1, 2017 PACER
10	MOTION for Judgment on the Pleadings by Disability Rights of North Carolina. Responses due by 9/15/2017 plus an additional 3 days if served by mail (Attachments: # 1 Proposed Order Granting Plaintiff's Motion for Judgment on the Pleadings)(Sullivan, Kristine). Motions referred to Dennis Howell. (Entered: 09/01/2017)	Sept. 1, 2017	Sept. 1, 2017 PACER
11	MEMORANDUM in Support re 10 MOTION for Judgment on the Pleadings by Disability Rights of North Carolina. (Sullivan, Kristine) (Entered: 09/01/2017)	Sept. 1, 2017	Sept. 1, 2017 Clearinghouse
13	Joint Stipulation of CONSENT to Jurisdiction by US Magistrate Judge filed by all parties. (Originally filed as last page of 9 Certification of initial attorney conference and discovery plan.) (khm) (Entered: 09/08/2017)	Sept. 1, 2017	Sept. 1, 2017 PACER
	Case reassigned to Magistrate Judge Dennis Howell. District Judge Martin Reidinger no longer assigned to the case. This is your only notice - you will not receive a separate document.(khm)	Sept. 1, 2017	Sept. 1, 2017 PACER
12	Pretrial Order and Case Management Plan: Estimated Trial Time: 1 day. Discovery due by 5/1/2018. Motions due by 6/1/2018. Mediator Designation deadline set for 9/28/2017. Mediation deadline set for 5/15/2018. Bench Trial set for 11/13/2018 09:02 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Magistrate Judge Dennis Howell. Signed by Magistrate Judge Dennis Howell on 9/7/2017. (khm) ***NOTE: Modified text on 9/8/2017 to change name of judge: Bench Trial set before Magistrate Judge Dennis Howell. (khm) (Entered: 09/07/2017)	Sept. 7, 2017	Sept. 7, 2017 PACER
14	ORDER that the parties are provided up to and including 10/2/2017 to file a new Certification and Report of Fed.R.Civ.P. 26(f) Conference and Discovery Plan should they so desire. Signed by Magistrate Judge Dennis Howell on 9/14/2017. (khm) Modified text on 9/14/2017 to correct the deadline. Deadline changed from 10/22/2017 to 10/2/2017. NEF Regenerated. (khm) (Entered: 09/14/2017)	Sept. 14, 2017	Sept. 14, 2017 Clearinghouse
15	NOTICE of intent not to file reply by Lisa G. Sprouse by Lisa G. Sprouse. (Walker, Aaron) (Entered: 09/15/2017)	Sept. 15, 2017	Sept. 15, 2017 PACER
16	ORDER denying without prejudice to renew Pltf's 10 Motion for Judgment on the Pleadings. Signed by Magistrate Judge Dennis Howell on 4/10/2018. (ejb) (Entered: 04/10/2018)	April 10, 2018	April 10, 2018 Clearinghouse
17	FIRST AMENDED COMPLAINT against Lisa G. Sprouse, filed by Disability Rights of North Carolina.(Sullivan, Kristine) Modified text on 5/9/2018 (ejb). (Entered: 04/30/2018)	April 30, 2018	April 30, 2018 PACER
18	ANSWER to 17 First Amended Complaint by Lisa G. Sprouse.(Walker, Aaron) Modified text and linked entry to Doc. 17 on 5/9/2018. NEF Regenerated. (ejb) (Entered: 05/08/2018)	May 8, 2018	May 8, 2018 PACER
	*PLEASE DISREGARD NOTICE to conduct IAC. DOCKETED IN ERROR* (khm) Modified text on 5/8/2018. NEF Regenerated. (khm)	May 8, 2018	May 8, 2018 PACER
19	MOTION for Judgment on the Pleadings by Disability Rights of North Carolina. Responses due by 5/29/2018 plus an additional 3 days if served by mail (Sullivan, Kristine) (Entered: 05/14/2018)	May 14, 2018	May 14, 2018 PACER
20	MEMORANDUM in Support re 19 MOTION for Judgment on the Pleadings by Disability Rights of North Carolina. (Attachments: # 1 Proposed Order Granting Plaintiff's Renewed Motion for Judgment on the Pleadings)(Sullivan, Kristine) (Entered: 05/14/2018) 1 Proposed Order Granting Plaintiff's Renewed Motion for Judgment on the Plea View on PACER	May 14, 2018	May 14, 2018 Clearinghouse
21	ORDER granting 19 Plaintiff's Renewed Motion for Judgment on the Pleadings. Signed by Magistrate Judge Dennis Howell on 8/9/2018. (khm) (Entered: 08/09/2018)	Aug. 9, 2018	Aug. 9, 2018 RECAP
22	CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 8/9/2018. Signed by Clerk, Frank G. Johns. (khm) (Entered: 08/09/2018)	Aug. 9, 2018	Aug. 9, 2018 RECAP