Skip to main content

Case: Oklahoma Disability Law Center v. Dillon Family and Youth Services

4:94-cv-00532 | U.S. District Court for the Northern District of Oklahoma

Filed Date: May 24, 1994

Closed Date: June 21, 1995

Clearinghouse coding complete

Case Summary

This is a case about a P&A’s records access authority. On May 24, 1994, Oklahoma Disability Law Center, Oklahoma’s Protection and Advocacy (P&A) agency filed this lawsuit against Dillon Family and Youth Services (Dillon), a mental health inpatient facility in the U.S. District Court for the Northern District of Oklahoma. The plaintiffs alleged that that the facility violated the Protection and Advocacy for Individuals With Mental Illness (PAIMI) Act when they denied Oklahoma Disability Law Cent…

This is a case about a P&A’s records access authority. On May 24, 1994, Oklahoma Disability Law Center, Oklahoma’s Protection and Advocacy (P&A) agency filed this lawsuit against Dillon Family and Youth Services (Dillon), a mental health inpatient facility in the U.S. District Court for the Northern District of Oklahoma. The plaintiffs alleged that that the facility violated the Protection and Advocacy for Individuals With Mental Illness (PAIMI) Act when they denied Oklahoma Disability Law Center access to records for two residents on the grounds that state law barred their disclosure. Judge Terence C. Kern presided over this matter.

This dispute began after Dillon refused to provide the P&A with records regarding to facility residents upon request. Dillon asserted that Oklahoma state law barred their disclosure. In March 9, 1995, the court granted the plaintiffs injunctive relief that required the facility provide the P&A with the records they requested. The court reasoned that PAIMI Act records access authority superseded any Oklahoma state record confidentiality laws. The court entered the judgement in June 21, 1995 and closed the case.

Summary Authors

NDRN (3/20/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10061764/parties/ok-disability-law-v-dillon-fam-youth-svc/

Judge(s)

Kern, Terence C. (Oklahoma)

Attorney for Plaintiff

Amundsen, Dawn R (Oklahoma)

DeShong, Tery Denise (Oklahoma)

Gentges, Chris (Oklahoma)

Gentges, Chris (Oklahoma)

Attorney for Defendant

Documents in the Clearinghouse
23

4:94-cv-00532

Order

Oklahoma Disability Law Center, Inc. v. Dillon Family and Youth Services, Inc.

March 9, 1995

March 9, 1995

Order/Opinion

879 F.Supp. 1110

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10061764/ok-disability-law-v-dillon-fam-youth-svc/

Last updated June 26, 2026, 5:48 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons(es) issued); Consent form sent (pll, Dpty Clk) (Entered: 05/24/1994)

May 24, 1994

May 24, 1994

RETURN OF SERVICE executed upon defendant Dillon Fam Youth Svc on 5/25/94 by c/m. (djh, Dpty Clk)

May 31, 1994

May 31, 1994

MINUTE ORDER: Case is transferred to the docket of and reassigned to Judge Terry C. Kern from Judge Thomas R. Brett; HEREAFTER, the case will be referred to as the New Case Number 94-C-532-K and all files should be marked accordingly (JOE-J) (cc: all counsel) (hc, Dpty Clk)

June 13, 1994

June 13, 1994

2

MOTION by defendant Dillon Fam Youth Svc to extend time to answer (O) (djh, Dpty Clk) (Entered: 06/15/1994)

June 14, 1994

June 14, 1994

3

ORDER granting deft's motion to extend time to answer [2-1] (RML-CLK)(cc:mvt) (djh, Dpty Clk) (Entered: 06/15/1994)

June 14, 1994

June 14, 1994

4

MOTION by defendant Dillon Fam Youth Svc and brf/suppt to dismiss (djh, Dpty Clk) (Entered: 06/29/1994)

June 29, 1994

June 29, 1994

5

RESPONSE by plaintiff OK Disability Law to motion to dismiss [4-1] (pll, Dpty Clk) (Entered: 07/19/1994)

July 18, 1994

July 18, 1994

6

REPLY by defendant Dillon Fam Youth Svc to response to motion to dismiss [4-1] (pll, Dpty Clk) (Entered: 07/27/1994)

July 26, 1994

July 26, 1994

MINUTE ORDER: STATUS HRG/CASE MANAGEMENT CONFERENCE set for 11:00 11/9/94 before Judge Terry C. Kern (cc: all counsel) (cds, Dpty Clk)

Oct. 3, 1994

Oct. 3, 1994

7

ATTORNEY APPEARANCE for plaintiff OK Disability Law by Steven A Novick (pll, Dpty Clk) (Entered: 11/04/1994)

Nov. 4, 1994

Nov. 4, 1994

CASE MANAGEMENT PLAN Received (pll, Dpty Clk)

Nov. 4, 1994

Nov. 4, 1994

8

ORDER by Judge Terry C. Kern denying motion to dismiss [4-1] (cc: all counsel) (cds, Dpty Clk) (Entered: 11/10/1994)

Nov. 9, 1994

Nov. 9, 1994

MINUTES: Case Management hearing held by Judge Terry C. Kern discovery ddl set for 1/31/95 ;dispositive motion filing ddl set for 2/7/95 ;Mots. to Join or Amend by 12/15/94, Voluntary Witness Exchange 12/15/94; Final Witness and Exh. Exch. 1/6/95; Depo. Desig. 3/6/95, Counter Desigs. 3/14/95; Prop. F/F, C/L, Briefs 3/24/95; Deft. granted until 11/25/94 to answer complaint; pretrial order ddl set for 2/24/95 ; PRETRIAL CONF set for 10:30 3/3/95 ; TRIAL set for 9:30 4/3/95 ; STATUS HRG set for <date not set> ; Status hearing held 11/9/94, (cc: all counsel) (cds, Dpty Clk)

Nov. 9, 1994

Nov. 9, 1994

9

ANSWER by defendant Dillon Fam Youth Svc to [1-1] (fe, Dpty Clk) (Entered: 11/22/1994)

Nov. 21, 1994

Nov. 21, 1994

10

WITNESS list by defendant Dillon Fam Youth Svc (fe, Dpty Clk) (Entered: 12/16/1994)

Dec. 15, 1994

Dec. 15, 1994

11

MOTION by plaintiff OK Disability Law to withdraw attorney Steven Novick (o2lc) (pll, Dpty Clk) (Entered: 12/27/1994)

Dec. 23, 1994

Dec. 23, 1994

12

ATTORNEY APPEARANCE for plaintiff OK Disability Law by Tery DeShong (pll, Dpty Clk) (Entered: 12/27/1994)

Dec. 23, 1994

Dec. 23, 1994

13

ORDER by Judge Terry C. Kern granting motion to withdraw attorney Steven Novick [11-1] for OK Disability Law (cc: mvt counsel) (pll, Dpty Clk) (Entered: 12/29/1994)

Dec. 28, 1994

Dec. 28, 1994

14

FINAL WITNESS list by defendant Dillon Fam Youth Svc (fe, Dpty Clk) (Entered: 01/10/1995)

Jan. 9, 1995

Jan. 9, 1995

15

FINAL WITNESS list by defendant Dillon Fam Youth Svc (pll, Dpty Clk) (Entered: 01/27/1995)

Jan. 26, 1995

Jan. 26, 1995

16

MOTION by plaintiff OK Disability Law for summary judgment (lmc, Dpty Clk) (Entered: 02/07/1995)

Feb. 6, 1995

Feb. 6, 1995

17

BRIEF by plaintiff OK Disability Law in support of motion for summary judgment [16-1] (lmc, Dpty Clk) (Entered: 02/07/1995)

Feb. 6, 1995

Feb. 6, 1995

18

MOTION by defendant Dillon Fam Youth Svc for summary judgment and memo brf in support (fe, Dpty Clk) (Entered: 02/08/1995)

Feb. 7, 1995

Feb. 7, 1995

19

BRIEF IN RESPONSE by plaintiff OK Disability Law to motion for summary judgment and memo brf in support [18-1] (fe, Dpty Clk) (Entered: 02/21/1995)

Feb. 21, 1995

Feb. 21, 1995

20

RESPONSE by defendant Dillon Fam Youth Svc to motion for summary judgment [16-1] (fe, Dpty Clk) (Entered: 02/22/1995)

Feb. 21, 1995

Feb. 21, 1995

21

MOTION by plaintiff OK Disability Law to extend all deadlines (O2J), and to continue trial date (O2J) (fe, Dpty Clk) (Entered: 02/24/1995)

Feb. 23, 1995

Feb. 23, 1995

AGREED PROPOSED Pre-trial Order Received from plaintiff OK Disability Law, defendant Dillon Fam Youth Svc (proposed pretrial orders to J) (fe, Dpty Clk) Modified on 03/01/1995

March 1, 1995

March 1, 1995

22

ORDER by Judge Terry C. Kern granting motion to extend all deadlines [21-1], granting motion to continue trial date [21-2]; pretrial order ddl set for 4/25/95; PRETRIAL CONF set for 1:30 p.m. on 5/5/95 ; TRIAL set for 9:30 a.m. on 6/5/95 ; deposition designations deadline for 5/5/95; counter designations deadline for 5/15/95; proposed findings of fact, conclusions of law deadline for 5/23/95 (cc: all counsel) (fe, Dpty Clk) (Entered: 03/03/1995)

March 2, 1995

March 2, 1995

MINUTE ORDER: PRETRIAL CONF reset for 10:00 5/10/95; previous date of 5/5/95 is stricken (cc: all counsel) (cds, Dpty Clk)

March 8, 1995

March 8, 1995

23

ORDER by Judge Terry C. Kern denying motion for summary judgment and memo brf in support [18-1], granting motion for summary judgment [16-1]. In light of the considerations discussed in this Order, this Court grants injunctive relief in that SMI is directed to produce the records of Michael C. and Mandy S. and finds 76 O.S. Section 19 unenforceable in this instance, because it impermissibly frustrates the federal law mandate of 42 U.S.C. Section 10805. Therefore, to the extent consistent with the determinations discussed in this Order, defendant's motion for summary judgment is denied and plaintiff's motion for summary judgment is granted. (cc: all counsel) (fe, Dpty Clk) (Entered: 03/09/1995)

March 9, 1995

March 9, 1995

24

JUDGMENT: by Judge Terry C. Kern that, in accordance with the Order filed 3/9/95, jgmnt is entered for the pltf and against the deft. (cc: all counsel) (fe, Dpty Clk) (Entered: 06/21/1995)

June 21, 1995

June 21, 1995

Case Details

State / Territory:

Oklahoma

Case Type(s):

Disability Rights

Key Dates

Filing Date: May 24, 1994

Closing Date: June 21, 1995

Case Ongoing: No reason to think so

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

Non-profit or advocacy

Dillon Family and Youth Services

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

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

Other Dockets:

Northern District of Oklahoma 4:94-cv-00532

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Required disclosure

Issues

General/Misc.:

Records Disclosure

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing

Recommended Citation