Case: Disability Rights Ohio v. Buckeye Ranch

2:18-cv-00906 | U.S. District Court for the Southern District of Ohio

Filed Date: Aug. 17, 2018

Closed Date: Aug. 5, 2019

Clearinghouse coding complete

Case Summary

This is a case about a protection and advocacy agency's (P&A) records and residents access authority for minors where parents or guardians do not consent to the P&A requesting records or interviewing residents.  On August 17, 2018, Buckeye Ranch, a youth residential mental health facility, filed this lawsuit in the U.S. District Court for the Southern District of Ohio against Disability Rights Ohio, Ohio’s Protection and Advocacy (P&A) agency. Buckeye Ranch alleged that Disability Rights Ohio e…

This is a case about a protection and advocacy agency's (P&A) records and residents access authority for minors where parents or guardians do not consent to the P&A requesting records or interviewing residents.  On August 17, 2018, Buckeye Ranch, a youth residential mental health facility, filed this lawsuit in the U.S. District Court for the Southern District of Ohio against Disability Rights Ohio, Ohio’s Protection and Advocacy (P&A) agency. Buckeye Ranch alleged that Disability Rights Ohio exceeded its authority under the Protection and Advocacy for Individuals With Mental Illness (PAIMI) Act when they sought records and interviews with residents without obtaining consent from their parents or guardians. Buckeye Ranch also alleged that the PAIMI Act violated the Fourth Amendment of the U.S. Constitution. Judge Edmund A. Sargus, Jr. presided over this matter. 

This lawsuit began when Disability Rights Ohio opened an investigation into Buckeye Ranch concerning five incidents involving four children that Buckeye Ranch self-reported to Ohio state authorities. During the investigation, Disability Rights Ohio asserted that they could speak with facility residents without the consent of their parents or guardians. Buckeye Ranch sought a Temporary Restraining Order that barred Disability Rights Ohio from speaking with residents or accessing their records without consent from their parents or guardians. Moreover, Buckeye Ranch asserted that the P&A lacked probable cause for this investigation. Disability Rights Ohio filed a counterclaim, alleging that Buckeye Ranch’s denial violated their PAIMI Act authority (the counterclaim by Disability Rights Ohio’s docket number is 2:18-cv-00894).

On March 26, 2019, the court decided both cases. Here, the court denied Buckeye Ranch’s motion and granted Disability Rights Ohio’s Motion for Preliminary Injunction. The court explained that the children in question were wards of the state, and the PAIMI Act permitted records access without consent in such circumstances. Moreover, the court noted that even if children had parents or guardians, the PAIMI Act only required that the P&A notify the parent or guardian of the records request. The court rejected Buckeye Ranch’s claim that Disability Rights Ohio lacked probable cause because the P&A determines probable cause, not outside parties. Consequentially, the court then determined that Disability Rights Ohio did not need the consent of parents or guardians to interview residents upon establishing probable cause for an investigation. The court also rejected the claim that the PAIMI Act violated the Fourth Amendment because the established definition for PAIMI Act probable cause differed from the Fourth Amendment. The case closed on August 5, 2019. 

Summary Authors

NDRN (3/19/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7686769/parties/the-buckeye-ranch-inc-v-disability-rights-ohio/


Attorney for Plaintiff

Meluch, Maribeth (Ohio)

Teetor, Matthew Stephen (Ohio)

Attorney for Defendant

Jendretzky, Michel Marie (Ohio)

Newhouse, D Wesley (Ohio)

Expert/Monitor/Master/Other

Shouvlin, David P (Ohio)

show all people

Documents in the Clearinghouse

Document
8

2:18-cv-00906

First Amended Verified Complaint for Declaratory and Injunctive Relief and Attorneys' Fees

Buckeye Ranch v. Disability Rights Ohio

Aug. 21, 2018

Aug. 21, 2018

Complaint
14

2:18-cv-00906

Disability Rights Ohio's Motion to Dismiss

Buckeye Ranch v. Disability Rights Ohio

Oct. 19, 2018

Oct. 19, 2018

Pleading / Motion / Brief
23

2:18-cv-00906

Opinion and Order

Buckeye Ranch v. Disability Rights Ohio

Dec. 27, 2018

Dec. 27, 2018

Order/Opinion

2018 WL 2018

32

2:18-cv-00906

Opinion and Order

March 26, 2019

March 26, 2019

Order/Opinion

375 F.Supp.3d 375

36

2:18-cv-00906

Order

June 25, 2019

June 25, 2019

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7686769/the-buckeye-ranch-inc-v-disability-rights-ohio/

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

ECF Number Description Date Link Date / Link
1

COMPLAINT against Disability Rights Ohio ( Filing fee $ 400 paid - receipt number: 0648-6564207), filed by The Buckeye Ranch, Inc.. (Meluch, Maribeth) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
2

MOTION for Temporary Restraining Order by Plaintiff The Buckeye Ranch, Inc.. (Meluch, Maribeth) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
4

ORDER OF RECUSAL. Magistrate Judge Elizabeth Preston Deavers recused. Case reassigned to Magistrate Judge Chelsey M. Vascura for all further proceedings. Signed by Magistrate Judge Elizabeth Preston Deavers on 8/20/2018. (sln) (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

PACER
5

Corporate Disclosure Statement by Plaintiff The Buckeye Ranch, Inc.. (Meluch, Maribeth) (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

PACER
6

NOTICE by Plaintiff The Buckeye Ranch, Inc. Civil Cover Sheet (Meluch, Maribeth) (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

PACER
7

NOTICE by Defendant Disability Rights Ohio of Related Case (Attachments: # 1 Exhibit 1 : Aug. 16, 2018 email from Laura Osseck to Maribeth Meluch) (Sjoberg-Witt, Kerstin) (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

PACER
8

AMENDED COMPLAINT Verified Complaint for Declaratory and Injunctive Relief and Attorneys' Fees against Disability Rights Ohio, filed by The Buckeye Ranch, Inc.. (Attachments: # 1 Exhibit A - Laura Osseck Email 8-16-18, # 2 Exhibit B - Maribeth Meluch Email 8-16-18) (Meluch, Maribeth) (Entered: 08/21/2018)

1 Exhibit A - Laura Osseck Email 8-16-18

View on RECAP

2 Exhibit B - Maribeth Meluch Email 8-16-18

View on PACER

Aug. 21, 2018

Aug. 21, 2018

Clearinghouse
9

RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 2:18-cv-894 ARE related. Case reassigned to Chief Judge Edmund A. Sargus and Magistrate Judge Chelsey M. Vascura for all further proceedings. Signed by Chief Judge Edmund A. Sargus and Judge Michael H. Watson on 8/22/2018. (er) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
10

NOTICE of Hearing: Telephone Conference set for 8/28/2018 at 10:30 AM before Chief Judge Edmund A. Sargus. (cmw) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
11

ORDER - The Court DIRECTED the parties to file simultaneous briefs on September 1, 2018, indicating whether there is any need to further briefing on the parties motions for emergency injunctive relief and whether the parties anticipate the need for a preliminary injunction hearing. Signed by Chief Judge Edmund A. Sargus on 8/28/2018. (cmw) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

PACER
12

WAIVER OF SERVICE Returned Executed. Waiver sent to Disability Rights Ohio on 8/22/2018, answer due 10/22/2018. (Newhouse, D) (Entered: 09/10/2018)

Sept. 10, 2018

Sept. 10, 2018

PACER
13

ORDER - The Court will permit DRO to brief the issue as requested. The DRO may file its supplemental brief in support of its Motion for a Preliminary Injunction by September 14, 2018, and Buckeye Ranch may file a response by September 28, 2018. The Court will determine whether a hearing is necessary once the briefing is complete.. Signed by Chief Judge Edmund A. Sargus on 9/11/2018. (cmw) (Entered: 09/11/2018)

Sept. 11, 2018

Sept. 11, 2018

PACER
14

MOTION to Dismiss for Lack of Jurisdiction by Defendant Disability Rights Ohio. (Newhouse, D) (Entered: 10/19/2018)

Oct. 19, 2018

Oct. 19, 2018

Clearinghouse
15

MOTION for Leave to File Second Amended Verified Complaint by Plaintiff The Buckeye Ranch, Inc.. (Attachments: # 1 Exhibit Second Amended Verified Complaint, # 2 Text of Proposed Order) (Meluch, Maribeth) (Entered: 11/07/2018)

1 Exhibit Second Amended Verified Complaint

View on PACER

2 Text of Proposed Order

View on PACER

Nov. 7, 2018

Nov. 7, 2018

PACER
16

RESPONSE in Opposition re 14 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff The Buckeye Ranch, Inc.. (Meluch, Maribeth) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

PACER
17

NOTICE of Hearing: Discovery Conference set for 11/15/2018 at 2:30 PM via Teleconference before Magistrate Judge Chelsey M. Vascura. (agm) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
18

NOTICE of Hearing: Preliminary Pretrial Conference set for 1/9/2019 at 1:30 PM before Magistrate Judge Chelsey M. Vascura. (agm) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
19

REPLY to Response to Motion re 14 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Disability Rights Ohio. (Newhouse, D) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

PACER
20

RESPONSE in Opposition re 15 MOTION for Leave to File Second Amended Verified Complaint filed by Defendant Disability Rights Ohio. (Jendretzky, Michel) (Entered: 11/28/2018)

Nov. 28, 2018

Nov. 28, 2018

PACER
21

NOTICE of Hearing: Preliminary Injunction Hearing set for 2/20/2019 at 09:00 AM in Courtroom 2 - Columbus before Chief Judge Edmund A. Sargus. (cmw) (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

PACER
22

RESPONSE in Opposition re 14 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff The Buckeye Ranch, Inc.. (Meluch, Maribeth) (Entered: 12/27/2018)

Dec. 27, 2018

Dec. 27, 2018

PACER
23

OPINION AND ORDER granting 15 Plaintiff's Motion for Leave to File Second Amended Complaint and denying as moot and WITHOUT PREJUDICE to filing a 14 Motion to Dismiss challenging Buckeye Ranch's Second Amended Complaint. Signed by Magistrate Judge Chelsey M. Vascura on 12/27/2018. (er) (Entered: 12/27/2018)

Dec. 27, 2018

Dec. 27, 2018

Clearinghouse
24

SECOND AMENDED COMPLAINT filed by The Buckeye Ranch, Inc. against Disability Rights Ohio. (er) (Entered: 12/27/2018)

Dec. 27, 2018

Dec. 27, 2018

PACER
25

RULE 26(f) REPORT by Defendant Disability Rights Ohio. (Newhouse, D) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

PACER
26

PRELIMINARY PRETRIAL ORDER: The January 9, 2019 preliminary pretrial conference is VACATED. This case is referred to the March 2019 SETTLEMENT WEEK. Joinder of Parties due by 1/31/2019. Motions to Amend due by 1/31/2019. Rule 26(a)(1) Disclosures due by 3/15/2019. Primary Expert due by 4/28/2019. Rebuttal Expert due by 5/22/2019. Discovery due by 6/30/2019. Dispositive motions due by 7/31/2019. Settlement Demand due by 1/30/2019. Response to Settlement Demand due by 2/14/2019. Signed by Magistrate Judge Chelsey M. Vascura on 1/4/2019. (daf) (Entered: 01/04/2019)

Jan. 4, 2019

Jan. 4, 2019

PACER
27

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Disability Rights Ohio. (Newhouse, D) (Entered: 01/10/2019)

Jan. 10, 2019

Jan. 10, 2019

PACER
28

ORDER - Counsel to confer within five (5) business days and inform Court via email by 2/15/2019 if case should not be set for March 2019 Settlement Week. Signed by Magistrate Judge Chelsey M. Vascura on 1/28/2019. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

PACER
29

RESPONSE in Opposition re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff The Buckeye Ranch, Inc.. (Meluch, Maribeth) (Entered: 01/31/2019)

Jan. 31, 2019

Jan. 31, 2019

PACER
30

REPLY to Response to Motion re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Disability Rights Ohio. (Jendretzky, Michel) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
31

Minute Entry for proceedings held before Chief Judge Edmund A. Sargus: Motion Hearing held on 2/20/2019. (Court Reporter: Darla Coulter) (cmw) (Entered: 02/27/2019)

Feb. 27, 2019

Feb. 27, 2019

PACER
32

ORDER denying 2 Buckeye Ranch's Motion for Temporary Restraining Order. Signed by Chief Judge Edmund A. Sargus on 3/26/2019. (cmw) (Entered: 03/26/2019)

March 26, 2019

March 26, 2019

Clearinghouse
33

ORDER: Counsel to confer within five (5) business days and inform the Court via e-mail by 5/10/2019 if case should NOT be set for June 2019 Settlement Week. (agm) (Entered: 04/26/2019)

April 26, 2019

April 26, 2019

PACER
34

Notice of Mediation Conference: Mediator Loriann Fuhrer to conduct Settlement Week Conference on 6/10/2019 at 09:00 AM. (agm) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
35

NOTICE by Defendant Disability Rights Ohio Of Intent to Requst Redaction (Newhouse, D) (Entered: 06/10/2019)

June 10, 2019

June 10, 2019

PACER
36

ORDER granting Motion to Redact Portions of the Transcript of the Hearing Testimony of Robert Peters. If either party intends to rely upon the transcript of Mr. Peters testimony, they may file a redacted version on the public docket that redacts only the information protected as confidential (motion filed in 2:18-cv-894). Signed by Magistrate Judge Chelsey M. Vascura on 6/25/19. (sem) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

Clearinghouse
37

CLERK'S JUDGMENT. Signed by Deputy Clerk on 8/5/2019. (cmw) (Entered: 08/05/2019)

Aug. 5, 2019

Aug. 5, 2019

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Disability Rights

Key Dates

Filing Date: Aug. 17, 2018

Closing Date: Aug. 5, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Youth residential mental health facility

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Buckeye Ranch, Non-profit or advocacy

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: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing