Case: Ohio Legal Rights Service v. Columbus City Schools

2:12-cv-00196 | U.S. District Court for the Southern District of Ohio

Filed Date: March 5, 2012

Closed Date: June 29, 2012

Clearinghouse coding complete

Case Summary

This is a case about a protection and advocacy (P&A) agency’s records access authority. On March 5, 2012, 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 alleged that Columbus City Schools (Columbus) violated the Developmental Disabilities Assistance and Bill of Rights Act (DD Act) when they refused to provide OLRS with records related to the seclusion of a high school student. Judge Gregory L. Frost presided ov…

This is a case about a protection and advocacy (P&A) agency’s records access authority. On March 5, 2012, 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 alleged that Columbus City Schools (Columbus) violated the Developmental Disabilities Assistance and Bill of Rights Act (DD Act) when they refused to provide OLRS with records related to the seclusion of a high school student. Judge Gregory L. Frost presided over this matter.

This case arose after a parent informed OLRS that a Columbus school placed their child in a seclusion room and that the child was afraid to return to school. The parent alleged that other students were secluded as well. OLRS requested records related to the seclusion and a copy of the school’s seclusion log to identify other impact students. Columbus said there were no seclusion log records, and refused to give OLRS parent directory information for students with disabilities who were secluded. OLRS sought declaratory relief that Columbus violated the DD Act, and injunctive relief to receive the records in question. On June 26, 2012, OLRS filed a motion to voluntarily dismiss the action, which the court granted on June 27, 2012.  The case was closed on June 29, 2012.

Summary Authors

NDRN (7/11/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5094011/parties/ohio-legal-rights-service-v-columbus-city-schools/


Judge(s)

Frost, Gregory L. (Ohio)

Attorney for Plaintiff

Tobin, Susan Gail (Ohio)

Attorney for Defendant

Braverman, Loren Louis (Ohio)

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Documents in the Clearinghouse

Document
2

2:12-cv-00196

Complaint for Declaratory and Injunctive Relief

March 5, 2012

March 5, 2012

Complaint
12

2:12-cv-00196

Order

June 27, 2012

June 27, 2012

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5094011/ohio-legal-rights-service-v-columbus-city-schools/

Last updated Aug. 6, 2025, 11:47 p.m.

ECF Number Description Date Link Date / Link
1

Civil Cover Sheet. (er1) (Entered: 03/06/2012)

March 5, 2012

March 5, 2012

PACER
2

COMPLAINT filed by Ohio Legal Rights Service against Columbus City Schools. (er1) (Entered: 03/06/2012)

March 5, 2012

March 5, 2012

RECAP

Filing fee for cv case: $ 350, receipt number 200COL021335. (er1)

March 5, 2012

March 5, 2012

PACER
3

WAIVER OF SERVICE Returned Executed. Waiver sent to Columbus City Schools on 3/5/2012, answer due 5/4/2012. (Tobin, Susan) (Entered: 03/27/2012)

March 27, 2012

March 27, 2012

PACER
4

ANSWER to 2 Complaint filed by Columbus City Schools. (Braverman, Loren) (Entered: 04/23/2012)

April 23, 2012

April 23, 2012

PACER
5

NOTICE of Hearing: Preliminary Pretrial Conference set for 6/6/2012 10:00 AM in Chambers before Magistrate Judge Elizabeth Preston Deavers. (sln1) (Entered: 04/24/2012)

April 24, 2012

April 24, 2012

PACER
6

RULE 26(f) REPORT by Defendant Columbus City Schools. (Braverman, Loren) (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

PACER

Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Preliminary Pretrial Conference held on 6/6/2012. (sln1)

June 6, 2012

June 6, 2012

PACER
7

PRELIMINARY PRETRIAL ORDER: Motions or stipulations addressing the parties or pleadings, if any, must be filed on or before 6/30/2012. All Discovery is STAYED until 6/30/2012. Discovery due by 10/1/2012. Dispositive motions due by 8/3/2012. Final Pretrial Conference ready 2/2013. Signed by Magistrate Judge Elizabeth Preston Deavers on 6/6/2012. (sln1) (Entered: 06/07/2012)

June 7, 2012

June 7, 2012

PACER
8

SCHEDULING ORDER: Dispositive Motions due by 8/3/2012. Bench Trial set for 1/21/2013 09:00 AM in Courtroom 5 - Columbus before Judge Gregory L Frost. Non-oral hearing on all Dispositive Motions set for 9/28/2012. Final Pretrial Conference set for 12/18/2012 12:30 PM in Chambers before Judge Gregory L Frost. Signed by Judge Gregory L Frost on 6/8/12. (sem1) (Entered: 06/08/2012)

June 8, 2012

June 8, 2012

PACER
9

NOTICE of Final Pretrial and Trial. (sem1) (Entered: 06/08/2012)

June 8, 2012

June 8, 2012

PACER
10

NOTICE: Parties are notified the following proceeding is eligible for video recording: 9 1/21/13 Bench Trial. Signed by Judge Gregory L Frost on 6/8/12. (Attachments: # 1 Supplement E-1 form, # 2 Supplement F form) (sem1) (Entered: 06/08/2012)

June 8, 2012

June 8, 2012

PACER
11

MOTION to Dismiss by Plaintiff Ohio Legal Rights Service. Responses due by 7/20/2012 (Tobin, Susan) (Entered: 06/26/2012)

June 26, 2012

June 26, 2012

RECAP
12

ORDER granting 11 Motion to Dismiss. Signed by Judge Gregory L Frost on 6/27/12. (kn)

June 27, 2012

June 27, 2012

RECAP
13

JUDGMENT entered pursuant to the Order signed by Judge Gregory L Frost on 6/27/12. (sem1) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Disability Rights

Disability Rights

Education

Key Dates

Filing Date: March 5, 2012

Closing Date: June 29, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Columbus City Schools, School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

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

Available Documents:

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Unknown

Form of Settlement:

Voluntary Dismissal

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing