Filed Date: March 16, 2006
Closed Date: Aug. 14, 2006
Clearinghouse coding complete
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)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12100545/parties/pennsylvania-protection-and-advocacy-inc-v-beard/
Kane, Yvette (Pennsylvania)
Meek, Robert W. (Pennsylvania)
Forney, Susan J. (Pennsylvania)
Smith, Amanda L. (Pennsylvania)
Gibbons, James A. (Pennsylvania)
See docket on RECAP: https://www.courtlistener.com/docket/12100545/pennsylvania-protection-and-advocacy-inc-v-beard/
Last updated Feb. 1, 2025, 9:53 a.m.
State / Territory: Pennsylvania
Case Type(s):
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:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Issues
Disability and Disability Rights: