Case: Pennsylvania P&A v. Beard

1:06-cv-00561 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: March 16, 2006

Closed Date: Aug. 14, 2006

Clearinghouse coding complete

Case Summary

This is a case about a Protection and Advocacy (P&A) agency’s records access authority. On March 16, 2006, Pennsylvania Protection and Advocacy, Inc. (Pennsylvania P&A), Pennsylvania’s P&A, filed this lawsuit in the U.S. District Court for the Middle District of Pennsylvania. Pennsylvania P&A filed this lawsuit against Jeffrey A. Beard in his official capacity as Secretary of the Pennsylvania Department of Corrections under the Protection and Advocacy for Individuals with Mental Illness Act (PA…

This is a case about a Protection and Advocacy (P&A) agency’s records access authority. On March 16, 2006, Pennsylvania Protection and Advocacy, Inc. (Pennsylvania P&A), Pennsylvania’s P&A, filed this lawsuit in the U.S. District Court for the Middle District of Pennsylvania. Pennsylvania P&A filed this lawsuit against Jeffrey A. Beard in his official capacity as Secretary of the Pennsylvania Department of Corrections under the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act). Represented by Disabilities Law Project, Pennsylvania P&A sought declaratory and injunctive relief that required Pennsylvania’s State Correctional Institutions (Institutions) to allow them to copy the records requested and prevent the Institutions from charging high fees for finding and copying the records. Judge Yvette Kane presided over this matter.

In 2005, following complaints of the mistreatment of inmates with mental health, Pennsylvania P&A opened an investigation into the Institutions. While visiting Institutions as part of the investigation, Pennsylvania P&A requested access to the records of the inmates, including medical records. After these records were provided in person, Pennsylvania P&A also requested copies of the records following the visits. The Institutions subsequently charged Pennsylvania P&A finding and copying fees for the records. Pennsylvania P&A disputed the amount of the fees as unreasonable and requested they be allowed to bring in their own copier, but Institutions denied their request, commencing this lawsuit. Pennsylvania P&A argued that while PAIMI allowed the Institutions to charge some fees for copying, the fees must be reasonable and the ones requested were not. They also argued that any fees for services beyond the copying itself amounted to a violation of PAIMI’s access authority. This case was settled and dismissed without costs on August 14, 2006. The exact terms of the settlement agreement are unknown to the Clearinghouse.

Summary Authors

NDRN (12/19/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12100545/parties/pennsylvania-protection-and-advocacy-inc-v-beard/


Judge(s)

Kane, Yvette (Pennsylvania)

Attorney for Plaintiff

Meek, Robert W. (Pennsylvania)

Attorney for Defendant

Forney, Susan J. (Pennsylvania)

Smith, Amanda L. (Pennsylvania)

Expert/Monitor/Master/Other

Gibbons, James A. (Pennsylvania)

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Documents in the Clearinghouse

Document
1

1:06-cv-00561

Complaint

March 16, 2006

March 16, 2006

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12100545/pennsylvania-protection-and-advocacy-inc-v-beard/

Last updated March 15, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Jeffrey Beard ( Filing fee $250, Receipt Number 333 105757), filed by Pennsylvania Protection and Advocacy, Inc. (Attachments: # 1 Civil Cover Sheet)(aaa ) (Entered: 03/17/2006)

2 Civil Cover Sheet

View on PACER

March 16, 2006

March 16, 2006

Clearinghouse

Summons Issued as to Jeffrey Beard and provided to Attorney for service on Defendant. (aaa )

March 17, 2006

March 17, 2006

PACER
2

ORDER Re: Case Assignment and Procedures. Signed by Judge Yvette Kane on 3/17/06. (jc) (Entered: 03/17/2006)

March 17, 2006

March 17, 2006

PACER

SECOND Summons Issued as to Jeffrey Beard and provided to Attorney for service on Defendant(s). (crh, )

March 22, 2006

March 22, 2006

PACER
3

SUMMONS Returned Executed by Pennsylvania Protection and Advocacy, Inc.. Jeffrey Beard served on 4/6/2006, answer due 4/26/2006. (Meek, Robert) (Entered: 04/11/2006)

April 11, 2006

April 11, 2006

PACER
4

SUMMONS Returned Executed by Pennsylvania Protection and Advocacy, Inc.. (Meek, Robert) (Entered: 04/11/2006)

April 11, 2006

April 11, 2006

PACER
5

NOTICE of Appearance by Amanda L. Smith on behalf of Jeffrey Beard (Smith, Amanda) (Entered: 04/17/2006)

April 17, 2006

April 17, 2006

PACER
6

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by Jeffrey Beard. (Attachments: # 1 Proposed Order)(Smith, Amanda) (Entered: 04/18/2006)

April 18, 2006

April 18, 2006

PACER
7

ORDER - IT IS ORDERED that the 6 Motion for Extension of Time to Answer filed by Jeffrey Beard is GRANTED. Dfts' answer must be filed by 5/26/2006. Signed by Judge Yvette Kane on April 18, 2006. (sc) (Entered: 04/18/2006)

April 18, 2006

April 18, 2006

PACER
8

SCHEDULING ORDER: IT IS HEREBY ORDERED that the Case Management Conference is set for 6/20/2006 at 11:00 AM via TC. Pltf's cnsl shall initiate the call. The Joint Case Mgmt Plan is due by 6/15/06. This case has been selected for MANDATORY MEDIATION. Signed by Judge Yvette Kane on April 27, 2006. (sc) (Entered: 04/27/2006)

April 27, 2006

April 27, 2006

PACER
9

ANSWER to Complaint by Jeffrey Beard.(Smith, Amanda) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

PACER
10

CASE MANAGEMENT PLAN of Both Parties by Jeffrey Beard. (Smith, Amanda) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

PACER
12

ORDER REFERRING CASE to Mediation. Mediator is James A. Gibbons added.Signed by Judge Yvette Kane on June 20, 2006. (sc) (Entered: 06/20/2006)

June 20, 2006

June 20, 2006

PACER
13

ORDER - IT IS HEREBY ORDERED that the case is STAYED for 60 days pending a report of the mediator. A telephone Status Conference is set for 8/21/2006 at 2:30 PM. Pltf's cnsl shall initiate the call. Signed by Judge Yvette Kane on June 20, 2006. (sc) (Entered: 06/20/2006)

June 20, 2006

June 20, 2006

PACER
14

MOTION to Withdraw as Attorney by Jeffrey Beard. (Attachments: # 1 Proposed Order)(Smith, Amanda) (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

PACER
15

NOTICE of Appearance by Susan J. Forney on behalf of Jeffrey Beard (Forney, Susan) (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

PACER
16

ORDER - IT IS ORDERED that the 14 Motion to Withdraw as Attorney by Amanda Smith is GRANTED. Signed by Judge Yvette Kane on June 23, 2006. (sc) (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

PACER
17

REPORT OF SETTLEMENT OFFICER - Settlement Reached. (sc) (Entered: 08/14/2006)

Aug. 14, 2006

Aug. 14, 2006

PACER
18

ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated.Signed by Judge Yvette Kane on August 14, 2006. (sc) (Entered: 08/14/2006)

Aug. 14, 2006

Aug. 14, 2006

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Disability Rights

Key Dates

Filing Date: March 16, 2006

Closing Date: Aug. 14, 2006

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

Pennsylvania Department of Corrections, State

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)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing