Case: Disability Rights Center-NH v. Hanks

1:18-cv-00160 | U.S. District Court for the District of New Hampshire

Filed Date: Feb. 20, 2018

Closed Date: Aug. 29, 2018

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Case Summary

This is a case about a Protection and Advocacy (P&A) agency’s records access authority after a facility resident’s death. On February 20, 2018, Disability Rights Center-New Hampshire (Disability Rights Center), New Hampshire’s P&A, filed this lawsuit in the U.S. District Court for the District of New Hampshire. Disability Rights Center filed this lawsuit against New Hampshire’s Department of Corrections Commissioner and the warden for New Hampshire’s State Prison for Men in their official capac…

This is a case about a Protection and Advocacy (P&A) agency’s records access authority after a facility resident’s death. On February 20, 2018, Disability Rights Center-New Hampshire (Disability Rights Center), New Hampshire’s P&A, filed this lawsuit in the U.S. District Court for the District of New Hampshire. Disability Rights Center filed this lawsuit against New Hampshire’s Department of Corrections Commissioner and the warden for New Hampshire’s State Prison for Men in their official capacities under the Protection and Advocacy for Individuals With Mental Illness (PAIMI) Act. Represented by itself, Disability Rights Center sought injunctive relief that required defendants provide them with all records concerning an individual who died in the Prison from self-injurious wounds, as well as a permanent enjoinment that required defendants comply with any future PAIMI Act records requests. Judge Landya B. McCafferty presided over this matter.

Disability Rights Center filed this lawsuit after a newspaper article reported that an individual died at the State Prison for Men from self-inflicted injures while residing in the prison’s ‘Residential Treatment Unit’. Following this report, Disability Rights Center established probable cause that the individual may have died due to neglect. The P&A requested all the State Prison’s records on the individual, including the prison’s death investigation, but the prison refused. In April 19 2018, the court granted Disability Rights Center’s Motion for a Preliminary Injunction that required defendants provide the P&A with all the records they requested concerning this individual within 2 days, or provide the P&A a reason why they could not produce those records within that timeframe. Moreover, the court issued a permanent injunction that required defendants provide Disability Rights Center with all future records requested under the PAIMI Act within 3 days of receiving the request, or provide an explanation within that timeframe for why they could not produce the records. In August 2018, the parties reached a settlement agreement before reaching a trial. The case was dismissed on August 29, 2018.

Summary Authors

NDRN (3/19/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6763461/parties/disability-rights-center-nh-v-nh-department-of-corrections-commissioner/


Attorney for Plaintiff

Broderick, Francesca (New Hampshire)

Milne, Andrew Laurence (New Hampshire)

Attorney for Defendant

Courtney, Lindsey B. (New Hampshire)

Ross, Rebecca Woodard (New Hampshire)

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Documents in the Clearinghouse

Document
1

1:18-cv-00160

Verified Complaint for Declaratory and Injunctive Relief

Feb. 20, 2018

Feb. 20, 2018

Complaint
4

1:18-cv-00160

Plaintiff's Expedited Motion for Preliminary Injunction

March 6, 2018

March 6, 2018

Pleading / Motion / Brief
13

1:18-cv-00160

Order

April 19, 2018

April 19, 2018

Order/Opinion

2018 WL 2018

18

1:18-cv-00160

Motion to Dismiss

Disability Rights Center- NH v. Hanks

Aug. 28, 2018

Aug. 28, 2018

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6763461/disability-rights-center-nh-v-nh-department-of-corrections-commissioner/

Last updated April 7, 2024, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

NEW CASE/ COMPLAINT Filing fee $ 400, receipt number 0102-1624683 filed by Disability Rights Center-NH. (Attachments: # 1 Exhibit A - December 18th Letter, # 2 Exhibit B - January 9th Letter, # 3 Exhibit C - January 11th Letter, # 4 Exhibit D - January 26th and 30th Emails, # 5 Exhibit (Affidavit) Affidavit Authenticating Exhibits, # 6 Civil Cover Sheet Civil Cover Sheet, # 7 Summons - Waiver Summons for Helen Hanks, # 8 Summons - Waiver Request to Waive Service, Hanks, # 9 Summons - Waiver Waiver of Service Form, Hanks, # 10 Summons - Waiver Summons for Michael Zenk, # 11 Summons - Waiver Request to Waiver Service, Zenk, # 12 Summons - Waiver Waiver of Service Form, Zenk)(Milne, Andrew) (Entered: 02/20/2018)

1 Exhibit A - December 18th Letter

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2 Exhibit B - January 9th Letter

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3 Exhibit C - January 11th Letter

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4 Exhibit D - January 26th and 30th Emails

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5 Exhibit (Affidavit) Affidavit Authenticating Exhibits

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6 Civil Cover Sheet Civil Cover Sheet

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7 Summons - Waiver Summons for Helen Hanks

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8 Summons - Waiver Request to Waive Service, Hanks

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9 Summons - Waiver Waiver of Service Form, Hanks

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10 Summons - Waiver Summons for Michael Zenk

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11 Summons - Waiver Request to Waiver Service, Zenk

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12 Summons - Waiver Waiver of Service Form, Zenk

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Feb. 20, 2018

Feb. 20, 2018

Clearinghouse

Case assigned to Judge Landya B. McCafferty. The case designation is: 1:18-cv-160-LM. Please show this number with the judge designation on all future pleadings. (lml)

Feb. 20, 2018

Feb. 20, 2018

PACER
2

Disclosure Statement by Disability Rights Center-NH disclosing no parent company, no publicly traded company, and no merger agreement. (Milne, Andrew) (Entered: 02/21/2018)

Feb. 21, 2018

Feb. 21, 2018

PACER

NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Francesca Broderick, Esq. must complete an online registration form within 30 days. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE. Compliance Deadline set for 3/26/2018. (lml)

Feb. 22, 2018

Feb. 22, 2018

PACER
3

Summonses and Waivers issued electronically as to NH Department of Corrections, Commissioner, NH State Prison, Warden. NOTICE: Counsel shall print and serve the summonses and waivers and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: # 1 Notice ECF.) (lml) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER

NOTICE of ECF Filing Error re: 1 Complaint - New Case, filed by Disability Rights Center-NH. Consistent with Supplemental Rules of Electronic Case Filing, affidavits prepared in the context of the litigation shall be filed in electronically converted PDF format and shall contain a /s/ signature for both the signator and the notary/jurat. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1475.(js)

Feb. 22, 2018

Feb. 22, 2018

PACER
4

MOTION for Preliminary Injunction filed by Disability Rights Center-NH. HEARING REQUESTED. Follow up on Objection on 3/20/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law Memo in Support of Motion, # 2 Proposed Order Proposed Permanent Injunction)(Milne, Andrew) (Entered: 03/06/2018)

1 Memorandum of Law Memo in Support of Motion

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2 Proposed Order Proposed Permanent Injunction

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March 6, 2018

March 6, 2018

Clearinghouse
5

NOTICE of Attorney Appearance by Lindsey B Courtney on behalf of NH Department of Corrections, Commissioner, NH State Prison, Warden Attorney Lindsey B Courtney added to party NH Department of Corrections, Commissioner(pty:dft), Attorney Lindsey B Courtney added to party NH State Prison, Warden(pty:dft).(Courtney, Lindsey) (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

PACER
6

NOTICE of Attorney Appearance by Rebecca Woodard Ross on behalf of NH Department of Corrections, Commissioner, NH State Prison, Warden Attorney Rebecca Woodard Ross added to party NH Department of Corrections, Commissioner(pty:dft), Attorney Rebecca Woodard Ross added to party NH State Prison, Warden(pty:dft).(Ross, Rebecca) (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

PACER
7

WAIVER OF SERVICE Returned Executed as to NH Department of Corrections, Commissioner by Disability Rights Center-NH. Served/Mailed on 2/22/2018. Answer Follow Up on 4/26/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Milne, Andrew) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
8

WAIVER OF SERVICE Returned Executed as to NH State Prison, Warden by Disability Rights Center-NH. Served/Mailed on 2/22/2018. Answer Follow Up on 4/26/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Milne, Andrew) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER

NOTICE of ECF Filing Error re: 8 Waiver of Service Executed, filed by Disability Rights Center-NH, 7 Waiver of Service Executed, filed by Disability Rights Center-NH. Documents must be provided in an electronically converted PDF text searchable format in accordance with A.P. 2.3(a). NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1475.(js)

March 20, 2018

March 20, 2018

PACER
9

Assented to MOTION to Extend Time to Respond to Expedited Motion for Preliminary Injunction filed by NH Department of Corrections, Commissioner, NH State Prison, Warden. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Lindsey B. Courtney)(Courtney, Lindsey) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER

NOTICE of ECF Filing Error re: 9 Assented to MOTION to Extend Time to Respond to Expedited Motion for Preliminary Injunction filed by NH State Prison, Warden, NH Department of Corrections, Commissioner. Filer used the wrong event. Filer should have used Motion to Extend Time to Object/Respond. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1475.(js)

March 21, 2018

March 21, 2018

PACER

ENDORSED ORDER granting 9 Motion to Extend Time to Respond to Expedited Motion for Preliminary Injunction. Text of Order: Granted. So Ordered by Judge Landya B. McCafferty. Follow up on Objection on 3/23/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(gla)

March 21, 2018

March 21, 2018

PACER
10

OBJECTION to 4 MOTION for Preliminary Injunction filed by NH Department of Corrections, Commissioner, NH State Prison, Warden. Follow up on Reply on 3/30/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit (Affidavit) Affidavit of Lindsey B. Courtney)(Courtney, Lindsey) (Entered: 03/23/2018)

1 Exhibit (Affidavit) Affidavit of Lindsey B. Courtney

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March 23, 2018

March 23, 2018

RECAP
11

REPLY to Objection to Motion re 4 MOTION for Preliminary Injunction filed by Disability Rights Center-NH. Surreply due by 4/4/2018. (Attachments: # 1 Exhibit (Affidavit) Affidavit in Support of Reply)(Milne, Andrew) (Entered: 03/30/2018)

March 30, 2018

March 30, 2018

PACER
12

NOTICE of Attorney vacation by Disability Rights Center-NH.(Milne, Andrew) (Entered: 03/30/2018)

March 30, 2018

March 30, 2018

PACER

NOTICE re: 4 MOTION for Preliminary Injunction. Motion Hearing set for 4/18/2018 02:30 PM before Judge Landya B. McCafferty.(js)

April 9, 2018

April 9, 2018

PACER

Minute Entry for proceedings held before Judge Landya B. McCafferty. MOTION HEARING held on 4/18/2018 re 4 MOTION for Preliminary Injunction. Order to issue. (Court Reporter: Liza Dubois) (Pltfs Atty: Andrew Laurence Milne, Francesca Broderick) (Defts Atty: Lindsey B Courtney, Rebecca Woodard Ross)(Total Hearing Time: 1 hour 30 minutes) (js)

April 18, 2018

April 18, 2018

PACER
13

ORDER granting 4 Motion for Preliminary Injunction. So Ordered by Judge Landya B. McCafferty.(js) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

Clearinghouse
14

Defendants' ANSWER to 1 Complaint - New Case,, filed by NH Department of Corrections, Commissioner, NH State Prison, Warden.(Ross, Rebecca) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER

NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 5/31/2018 10:30 AM before Magistrate Judge Andrea K. Johnstone. Follow up on Discovery Plan 5/24/2018. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(vln)

April 26, 2018

April 26, 2018

PACER
15

TRANSCRIPT of Proceedings for Motion for Preliminary Injunction Hearing held on 4/18/2018. Court Reporter: Liza Dubois, Telephone # 603 225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 6/7/2018. Redacted Transcript Follow Up 6/18/2018. Release of Transcript Restriction set for 8/13/2018.(de) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

PACER
16

Proposed Discovery Plan Joint Proposed Discovery Plan filed by Disability Rights Center-NH. (Milne, Andrew) (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

PACER

Deadlines terminated- Pretrial conference scheduled for 5/31/2018 is CANCELLED. Order to issue. (js)

May 29, 2018

May 29, 2018

PACER
17

ORDER approving with changes 16 Discovery Plan. Length of Trial 1 day. Case Track: Standard. So Ordered by Magistrate Judge Andrea K. Johnstone. Summary Judgment Motions due by 8/30/2018.(js) (Entered: 06/06/2018)

June 5, 2018

June 5, 2018

PACER

TRIAL NOTICE: Bench Trial set for the two-week period beginning 3/19/2019 09:00 AM before Judge Landya B. McCafferty. Final Pretrial Conference set for 3/5/2019 03:00 PM before Judge Landya B. McCafferty. Pretrial Statements due 2/19/2019. LR 16.2(d) Objections due 3/5/2019.(js)

June 6, 2018

June 6, 2018

PACER

Attorney Andrew Milne advised case settled. Agreement for entry of judgment or a stipulation of dismissal to be filed within 30 days or the court will dismiss the case with prejudice. Case Settlement Deadline 9/13/2018. (de)

Aug. 14, 2018

Aug. 14, 2018

PACER
18

Assented to MOTION to Dismiss filed by Disability Rights Center-NH. (Attachments: # 1 Proposed Order Proposed Order to Dismiss and Retain)(Milne, Andrew) (Entered: 08/28/2018)

1 Proposed Order Proposed Order to Dismiss and Retain

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Aug. 28, 2018

Aug. 28, 2018

Clearinghouse
19

///ORDER granting 18 Assented to Motion to Dismiss. Granted. The proposed order is approved. So Ordered by Judge Landya B. McCafferty.(js) (Entered: 08/29/2018)

Aug. 28, 2018

Aug. 28, 2018

PACER
20

JUDGMENT is hereby entered in accordance with 19 Order on Motion to Dismiss. Signed by Daniel J. Lynch, Clerk of Court. (Case Closed) (js) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

PACER

Case Details

State / Territory: New Hampshire

Case Type(s):

Disability Rights

Key Dates

Filing Date: Feb. 20, 2018

Closing Date: Aug. 29, 2018

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

New Hampshire Department of Corrections, State

Defendant Type(s):

Corrections

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

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Required disclosure

Issues

General:

Records Disclosure

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing