Case: Ohio Legal Rights Service v. Buckeye Ranch

2:04-cv-00384 | U.S. District Court for the Southern District of Ohio

Filed Date: May 14, 2004

Closed Date: May 10, 2005

Clearinghouse coding complete

Case Summary

This is a case regarding a protection and advocacy agency's (P&A) access to individual records and a facility-wide restraint and seclusion log under its records access authority. On May 14, 2004, Ohio Legal Rights Service (OLRS), Ohio’s P&A, filed this lawsuit in the U.S. District Court for the Southern District of Ohio. OLRS filed this lawsuit against Buckeye Ranch, a youth residential mental health facility, under the Protection and Advocacy for Individuals With Mental Illness (PAIMI) Act and…

This is a case regarding a protection and advocacy agency's (P&A) access to individual records and a facility-wide restraint and seclusion log under its records access authority. On May 14, 2004, Ohio Legal Rights Service (OLRS), Ohio’s P&A, filed this lawsuit in the U.S. District Court for the Southern District of Ohio. OLRS filed this lawsuit against Buckeye Ranch, a youth residential mental health facility, under the Protection and Advocacy for Individuals With Mental Illness (PAIMI) Act and Ohio state law. Represented by itself, OLRS sought injunctive relief that would require Buckeye Ranch provide them with records concerning an individual facility resident and facility-wide restraint and seclusion incident logs under the PAIMI Act and state law. Judge James. L. Graham presided over this matter. 

This case began after OLRS reviewed media publications about Buckeye Ranch and received an incident report concerning of an individual Buckeye Ranch resident. Buckeye Ranch refused to provide OLRS with the individual’s records and provided limited information in the restraint and seclusion logs. In April 2005, the court reviewed OLRS’s claims under both the PAIMI Act and state law. Under the PAIMI Act, the court deferred ruling on the individual’s records for supplemental briefs on the individual’s guardianship status until both parties filed supplemental briefings. The court explained that the record did not indicate whether the resident had a guardian or the state was the resident’s guardian, and if the resident was a ward of the state than OLRS could receive the records without the guardian’s consent. The court granted Buckeye Ranch’s Motion to Dismiss the PAIMI Act regarding the restraint and seclusion logs. The court explained that while OLRS determines probable cause for PAIMI Act records access, the P&A never established probable cause for receiving these records. However, the court granted OLRS’s Motion for Summary Judgement to receive both the individual records and the restraint and seclusion logs under Ohio state law on April 12, 2005. In May 2005, the case settled before supplemental briefings were filed on the PAIMI Act individual records dispute. The case remains closed as of May 10, 2005. 

Summary Authors

NDRN (3/19/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11992642/parties/ohio-legal-rights-service-v-the-buckeye-ranch-incorporated/


Judge(s)

Graham, James L. (Ohio)

Attorney for Plaintiff

Harrison, John Richard (Ohio)

Kirkman, Michael (Ohio)

Smith, Ronald Lee (Ohio)

Attorney for Defendant

Rogers, Douglas Langston (Ohio)

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Documents in the Clearinghouse

Document
1

2:04-cv-00384

Plaintiff's Complaint for Declaratory Judgment and Injunctive Relief

May 14, 2004

May 14, 2004

Complaint
5

2:04-cv-00384

Plaintiff's Motion for Summary Judgment and Permanent Injunciton

June 28, 2004

June 28, 2004

Pleading / Motion / Brief
15

2:04-cv-00384

Opinion and Order

April 12, 2005

April 12, 2005

Order/Opinion

365 F.Supp.2d 877

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11992642/ohio-legal-rights-service-v-the-buckeye-ranch-incorporated/

Last updated Aug. 5, 2025, 7:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Richard Reiser, Michelle Delery Stratman, The Buckeye Ranch, Incorporated (Filing fee $ 150.00.), filed by Plaintiff Ohio Legal Rights Service.(jm, ) (Entered: 05/17/2004)

May 14, 2004

May 14, 2004

Clearinghouse
2

Filing fee paid 150.00, receipt number 241494 (jm, ) . (Entered: 05/17/2004)

May 14, 2004

May 14, 2004

PACER
4

MOTION to Dismiss by Defendants Richard Reiser, Michelle Delery Stratman, The Buckeye Ranch, Incorporated. Responses due by 7/2/2004 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H)(Rogers, Douglas) (Entered: 06/08/2004)

June 8, 2004

June 8, 2004

PACER
5

MOTION for Summary Judgment by Plaintiff Ohio Legal Rights Service. Responses due by 7/22/2004 (Attachments: # 1 Exhibit A# 2 Errata B# 3 Exhibit C# 4 Exhibit E# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I)(Kirkman, Michael) (Entered: 06/28/2004)

1 Exhibit A

View on PACER

2 Errata B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit E

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

7 Exhibit G

View on PACER

8 Exhibit H

View on PACER

9 Exhibit I

View on PACER

June 28, 2004

June 28, 2004

Clearinghouse
6

RESPONSE in Opposition re 4 MOTION to Dismiss filed by Plaintiff Ohio Legal Rights Service. (Attachments: # 1 Exhibit A)(Kirkman, Michael) (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
7

RESPONSE in Support re 4 MOTION to Dismiss filed by Defendants The Buckeye Ranch, Incorporated, Richard Reiser, Michelle Delery Stratman. (Rogers, Douglas) (Entered: 07/15/2004)

July 15, 2004

July 15, 2004

PACER
8

NOTICE of Hearing: Pretrial Conference set for 9/15/2004 @ 03:30 PM in chambers before Norah McCann King. (Attachments: # 1 # 2)(jdm, ) (Entered: 07/16/2004)

July 16, 2004

July 16, 2004

PACER
9

RESPONSE in Opposition re 5 MOTION for Summary Judgment Memorandum of Defendants Contra Plaintiff's Motion for Summary Judgment and Permanent Injunction filed by Defendants The Buckeye Ranch, Incorporated, Richard Reiser, Michelle Delery Stratman. (Rogers, Douglas) (Entered: 07/22/2004)

July 22, 2004

July 22, 2004

PACER
10

ORDER - upon agreement of the parties and for good cause shown, the plaintiffs shall file their reply to defendants' memorandum contra plaintiffs' motion for summary judgment and permanent injunction by 8/13/2004. Signed by Judge Norah McCann King on 8/9/04. (jdm, ) (Entered: 08/09/2004)

Aug. 9, 2004

Aug. 9, 2004

PACER
11

REPLY to Response to Motion re 5 MOTION for Summary Judgment filed by Plaintiff Ohio Legal Rights Service. (Attachments: # 1 Exhibit A-1# 2 Exhibit A-2# 3 Exhibit A-3)(Kirkman, Michael) (Entered: 08/13/2004)

Aug. 13, 2004

Aug. 13, 2004

PACER
12

RULE 26(f) REPORT by Defendants Richard Reiser, Michelle Delery Stratman, The Buckeye Ranch, Incorporated. (Rogers, Douglas) (Entered: 09/08/2004)

Sept. 8, 2004

Sept. 8, 2004

PACER
13

PRELIMINARY PRETRIAL ORDER: Joinder of Parties due by 9/30/2004. Motions to Amend due by 9/30/2004. Discovery is deferred pending resolution of the motions to dismiss and summary judgment. A continued preliminary pretrial conference will be held following resolution of the pending motions. Settlement negotiations are premature pending resolution of the pending motions. Signed by Judge Norah McCann King on 9/16/04. (jdm, ) (Entered: 09/16/2004)

Sept. 16, 2004

Sept. 16, 2004

PACER
14

NOTICE of: Final Pretrial Conference set for 4/14/2006 @9:30 AM before James L Graham and Jury Trial set for 5/15/2006 @9:00 AM in Courtroom 5 before James L Graham. (Attachments: # 1 FPT order form, # 2 Trial instructions, #(3)do's\don'ts)(bw) (Entered: 02/08/2005)

Feb. 8, 2005

Feb. 8, 2005

PACER

Motions No Longer Referred: 4 MOTION to Dismiss & 5 MOTION for Summary Judgment. (er )

March 17, 2005

March 17, 2005

PACER
15

ORDER granting in part and denying in part 4 Defts Motion to Dismiss, granting in part and denying in part 5 Pltfs Motion for Summary Judgment, and permanently enjoining defts. from denying OLRS's requests for the wrist records and seclusion and restraint logs. Signed by Judge James L Graham on 4/12/2005. (bw) (Entered: 04/12/2005)

April 12, 2005

April 12, 2005

Clearinghouse
16

NOTICE of Hearing: Continued Preliminary Pretrial Conference set for 4/28/2005 @ 02:00 PM before Norah McCann King. (jdm, ) (Entered: 04/13/2005)

April 13, 2005

April 13, 2005

PACER
17

CONTINUED PRELIMARY PRETRIAL ORDER re 15 Opinion and Order,With agreement of plaintiff, defendants may have until May 16, 2005, to file the "statement of whether [defendant Buckeye Ranch] intends to contest that the child in this case lacked capacity to authorize OLRS to have access to her records." Opinion and Order, at pp.14-15, Doc. No. 15. The remaining date for filing supplemental briefs, as directed by the Opinion and Order, at p.16, doc. 15, remains effective. Signed by Judge Norah McCann King on 04/28/05. (jm, ) (Entered: 04/29/2005)

April 29, 2005

April 29, 2005

PACER
18

STIPULATION of Dismissal of Claim and Request for Entry of Final Judgment by Plaintiff Ohio Legal Rights Service, Defendants The Buckeye Ranch, Incorporated, Richard Reiser, Michelle Delery Stratman. (Kirkman, Michael) (Entered: 05/09/2005)

May 9, 2005

May 9, 2005

PACER
19

CLERK'S JUDGMENT (bw) (Entered: 05/10/2005)

May 10, 2005

May 10, 2005

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Disability Rights

Key Dates

Filing Date: May 14, 2004

Closing Date: May 10, 2005

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

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: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing