Case: Ohio Legal Rights Service v. Sunshine Group Home

1:12-cv-00502 | U.S. District Court for the Southern District of Ohio

Filed Date: June 29, 2012

Closed Date: Sept. 24, 2012

Clearinghouse coding complete

Case Summary

This is a case about a Protection and Advocacy (P&A) agency’s records access authority. The case began in May 2012, when a former resident of an adult care facility complained to Ohio P&A (plaintiff) about the conditions of the home and abuse and neglect that occurred there. Plaintiff initiated its own investigation and spoke with current and former residents and, with their consent, requested the records of those individuals from the facility. The facility refused to grant access.   On June 29…

This is a case about a Protection and Advocacy (P&A) agency’s records access authority.

The case began in May 2012, when a former resident of an adult care facility complained to Ohio P&A (plaintiff) about the conditions of the home and abuse and neglect that occurred there. Plaintiff initiated its own investigation and spoke with current and former residents and, with their consent, requested the records of those individuals from the facility. The facility refused to grant access.  

On June 29, 2012, plaintiff filed this lawsuit in the U.S. District Court for the Southern District of Ohio Western Division. Plaintiff filed this lawsuit against defendant facility and the owner and operator of defendant facility under the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act) and Ohio state law. Represented by itself, plaintiff sought declaratory and injunctive relief that required defendant to provide access to the requested records.

Plaintiff voluntarily dismissed the lawsuit on September 24, 2012. The reasons for the dismissal are unknown at this time. 

Summary Authors

NDRN (12/15/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14327039/parties/ohio-legal-rights-service-v-sunshine-group-home/


Judge(s)

Spiegel, S. Arthur (Ohio)

Attorney for Plaintiff

Tobin, Susan Gail (Ohio)

Attorney for Defendant

Kolenich, James Edward (Ohio)

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Documents in the Clearinghouse

Document
1

1:12-cv-00502

Complaint for Declaratory and Injunctive Relief

June 29, 2012

June 29, 2012

Complaint
6

1:12-cv-00502

Plaintiff’s Notice of Voluntary Dismissal Without Prejudice

Sept. 24, 2012

Sept. 24, 2012

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14327039/ohio-legal-rights-service-v-sunshine-group-home/

Last updated Aug. 6, 2025, 11:46 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Sean Pittman, Sunshine Group Home ( Filing fee $ 350 paid - receipt number: 0648-3704673), filed by Ohio Legal Rights Service. (Attachments: # 1 Civil Cover Sheet) (Tobin, Susan) (Entered: 06/29/2012)

1 Civil Cover Sheet

View on PACER

June 29, 2012

June 29, 2012

RECAP

Pursuant to General Order of Assignment and Reference filed on February 23, 2011, Magistrate Judge Karen L. Litkovitz added for purposes of discovery. (lk)

July 2, 2012

July 2, 2012

PACER
2

WAIVER OF SERVICE Returned Executed. Waiver sent to Sean Pittman on 7/2/2012, answer due 8/31/2012; Sunshine Group Home on 7/2/2012, answer due 8/31/2012. (Tobin, Susan) (Entered: 08/03/2012)

Aug. 3, 2012

Aug. 3, 2012

PACER
3

MOTION to Strike 1 Complaint by Defendants Sean Pittman, Sunshine Group Home. (Kolenich, James) (Entered: 08/24/2012)

Aug. 24, 2012

Aug. 24, 2012

PACER
4

NOTICE of Hearing: Preliminary Pretrial Conference set for 10/25/2012 03:00 PM in Chambers before Judge S Arthur Spiegel. (km1) (Entered: 08/27/2012)

Aug. 27, 2012

Aug. 27, 2012

PACER
5

RESPONSE in Opposition re 3 MOTION to Strike 1 Complaint filed by Plaintiff Ohio Legal Rights Service. (Attachments: # 1 Exhibit) (Tobin, Susan) (Entered: 09/07/2012)

Sept. 7, 2012

Sept. 7, 2012

PACER
6

NOTICE of Voluntary Dismissal by Plaintiff Ohio Legal Rights Service (Tobin, Susan) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

RECAP

Case Details

State / Territory: Ohio

Case Type(s):

Disability Rights

Key Dates

Filing Date: June 29, 2012

Closing Date: Sept. 24, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Protection and Advocacy (P&A) agency

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

Sunshine Group Home, Non-profit or advocacy

Defendant Type(s):

Housing Authority

Case Details

Causes of Action:

State law

Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing