Case: Advocacy Inc. v. Tarrant County Hospital District

4:01-cv-00062 | U.S. District Court for the Northern District of Texas

Filed Date: Jan. 16, 2001

Closed Date: Oct. 23, 2001

Clearinghouse coding complete

Case Summary

This is a case about a Protection and Advocacy (P&A) agency’s records access authority. On January 16, 2001, Advocacy, Inc., Texas’s P&A, filed this lawsuit in the U.S. District Court for the Northern District of Texas.  Advocacy, Inc. filed this lawsuit against Tarrant County Hospital (Tarrant), a hospital system with an inpatient psychiatric unit, under the Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act. Represented by itself, Advocacy Inc. sought a permanent injuncti…

This is a case about a Protection and Advocacy (P&A) agency’s records access authority. On January 16, 2001, Advocacy, Inc., Texas’s P&A, filed this lawsuit in the U.S. District Court for the Northern District of Texas.  Advocacy, Inc. filed this lawsuit against Tarrant County Hospital (Tarrant), a hospital system with an inpatient psychiatric unit, under the Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act. Represented by itself, Advocacy Inc. sought a permanent injunction that required Tarrant provide them with records in accordance with the PAIMI Act upon a resident death, when the P&A receives a complaint of abuse or neglect, or when probable cause for a PAIMI Act investigation exists. Judge Jerry Buchmeyer presided over this matter.

Advocacy, Inc. learned that a Tarrant psychiatric unit resident died and obtained probable cause that abuse or neglect occurred in relation to the resident’s death. Thereafter, Advocacy, Inc. requested records from Tarrant surrounding the resident’s death. Tarrant refused to provide plaintiffs with these records because disclosure would imperil the record’s confidentiality, and that Advocacy, Inc. did not explain its probable cause or have a signed records release. Subsequently, Advocacy Inc. filed a Motion for Summary Judgment that sought a permanent injunction for all records requests under its PAIMI Act investigatory authority to prevent future disputes. On October 11, 2001, the court granted Advocacy, Inc’s Motion for Summary Judgment. The court explained that the PAIMI Act includes provisions ensuring record confidentiality, and does not require Advocacy, Inc. disclose the basis for its probable cause determination. Therefore, the court issued a permanent injunction that the facility must provide plaintiffs with all records upon request in accordance with the PAIMI Act. On October 23, 2001, the court issued Advocacy, Inc. a final judgment and awarded them $17,753.50 in attorney’s fees. The case was closed on October 23, 2001.

Summary Authors

NDRN (12/19/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/26809480/parties/advocacy-incorporate-v-tarrant-county-hospi/


Judge(s)

Buchmeyer, Jerry (Texas)

Attorney for Plaintiff

Priddy, Laurance L (Texas)

Attorney for Defendant

Diamond, Ann Lusas (Texas)

Williams, James O (Texas)

Judge(s)

Buchmeyer, Jerry (Texas)

Attorney for Plaintiff

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Documents in the Clearinghouse

Document
1

4:01-cv-00062

Plaintiffs' Original Complaint

Advocacy Inc. v. Tarrant County Hosp District

Jan. 16, 2001

Jan. 16, 2001

Complaint
38

4:01-cv-00062

Final Judgment

Advocacy Inc. v. Tarrant County Hosp District

Oct. 23, 2001

Oct. 23, 2001

Order/Opinion
38

4:01-cv-00062

Final Judgment

Advocacy Inc. v. Tarrant County Hosp District

Oct. 23, 2001

Oct. 23, 2001

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/26809480/advocacy-incorporate-v-tarrant-county-hospi/

Last updated April 17, 2024, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; Filing Fee $ 150.00 Receipt # 35577 (26) (geb) (Entered: 01/17/2001)

Jan. 16, 2001

Jan. 16, 2001

Clearinghouse
2

SUMMONS(ES) issued for defendant Tarrant County Hospi (1) (geb) (Entered: 01/17/2001)

Jan. 16, 2001

Jan. 16, 2001

PACER
3

ORDER REQUIRING COMPLIANCE WITH LOCAL RULES.....Ordered that plaintiff file a certificate of interested persons in compliance with Local Rule 3.1.(f) within ten (10) days of the issuance of this order....SEE ORDER FOR SPECIFICS... ( Signed by Judge Terry R. Means ) Copies to counsel: 01/19/01 Page(s) 1 (fba) Modified on 01/23/2001 (Entered: 01/19/2001)

Jan. 19, 2001

Jan. 19, 2001

PACER
4

CERTIFICATE OF INTERESTED PERSONS by Advocacy Incorporate (2pg) (wrb) (Entered: 01/26/2001)

Jan. 25, 2001

Jan. 25, 2001

PACER
5

ANSWER to Complaint by Tarrant County Hospi, Anthony Alcini (Attorney James O Williams, Ann Lusas Diamond), (15+) (pdm) (Entered: 02/22/2001)

Feb. 21, 2001

Feb. 21, 2001

PACER
6

ORDER REQUIRING COMPLIANCE WITH LOCAL RULES....Ordered that Defendants file a certificate of interested persons within ten (10) days of the issuance of this order. ( Signed by Judge Terry R. Means ) Copies to counsel: 02/22/01 Page(s) 1 (fba) (Entered: 02/22/2001)

Feb. 22, 2001

Feb. 22, 2001

PACER
7

ORDER TO SUBMIT JOINT STATUS REPORT AND PROPOSED DISCOVERY PLAN....counsel to meet in person within 20 days of the date of this order; the parties to file with the clerk of the court an original and one copy of the signed joint status report and proposed discovery plan (one instrument) within 30 days of the date of the filing of this order....SEE ORDER FOR FURTHER SPECIFICS... ( Signed by Judge Terry R. Means ) Copies to counsel: 02/22/01 Page(s): 5 (fba) (Entered: 02/22/2001)

Feb. 22, 2001

Feb. 22, 2001

PACER
8

CERTIFICATE OF INTERESTED PERSONS by Tarrant County Hospi, Anthony Alcini (3pg) (wrb) (Entered: 02/27/2001)

Feb. 27, 2001

Feb. 27, 2001

PACER
9

RETURN OF SERVICE executed as to Anthony Alcini-John Peter Smith Hospital -served by personal server Deputy Constable Prec. #5, J.D. Stewart 1/30/01 Answer due on 2/20/01 for Anthony Alcini (wrb) (Entered: 03/01/2001)

Feb. 28, 2001

Feb. 28, 2001

PACER
10

JOINT STATUS REPORT AND PROPOSED DISCOVERY PLAN by Advocacy Incorporate, Tarrant County Hospi, Anthony Alcini (17pgs) (wrb) (Entered: 03/26/2001)

March 26, 2001

March 26, 2001

PACER
11

ORDER TO FILE CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE.....the parties are hereby Ordered to file a Consent to Proceed Before a United States Magistrate Judge with the Clerk of Court within twenty (20) days of the filing of this order. ( Signed by Judge Terry R. Means ) Copies to counsel: 04/05/01 Page(s) 2 (fba) (Entered: 04/05/2001)

April 5, 2001

April 5, 2001

PACER
12

ORDER REASSIGNING CASE to Magistrate Judge Charles Bleil.....Ordered that the above captioned matter be reassigned to United States Magistrate Judge Charles Bleil for the conduct of all further proceedings and the entry of judgment and the foregoing consent of the parties; further Ordered that all future pleadings shall bear the case number 4:01-CV-062-BE. (Signed by Judge Terry R. Means ) Copies to counsel: 04/18/01 Page(s): 2 (fba) (Entered: 04/18/2001)

April 18, 2001

April 18, 2001

PACER
13

INITIAL SCHEDULING ORDER setting Joining of Parties on 4:30 5/7/01 Amending of Pleadings on 4:30 5/14/01 ; Discovery cutoff 4:30 6/25/01 ; Deadline for filing of dispositive motions 4:30 7/16/01 ; ( Signed by Magistrate Judge Charles Bleil ) Copies to counsel: 4/19/01 Page(s): 2 (wrb) (Entered: 04/19/2001)

April 19, 2001

April 19, 2001

PACER

Deadline updated; set settlement conference for 4/30/01 (wrb)

April 19, 2001

April 19, 2001

PACER
14

MOTION by Advocacy Incorporate for NonSuit as To Anthony Alcini (3pg) (wrb) (Entered: 04/24/2001)

April 24, 2001

April 24, 2001

PACER
15

ORDER OF NONSUIT AS TO ANTHONY ALCINI granting [14-1] motion for NonSuit as To Anthony Alcini ..this order does not apply to the remaining deft Tarrant Co Hosp Dist, dba John Peter Smith Hosp, and this cause shall continue as to that deft. ( Signed by Magistrate Judge Charles Bleil ) Copies to counsel: 4/25/01 Page(s) 1 (wrb) (Entered: 04/25/2001)

April 24, 2001

April 24, 2001

PACER
16

Defendant's REPORT Following Court Ordered Formal Settlement Conference by Tarrant County Hospi (4pg) (wrb) (Entered: 05/01/2001)

May 1, 2001

May 1, 2001

PACER
17

NOTICE OF DEPOSITION OF NESTER PRESAS WITH REQUEST FOR PRODUCTION OF DOCUMENTS by Tarrant County Hospi to take deposition of Nester Presas 5/8/01 at 1:30 (4pg) (wrb) (Entered: 05/02/2001)

May 1, 2001

May 1, 2001

PACER
18

Plaintiff's Report of Settlement Conference by Advocacy Incorporate (3pgs) (wrb) (Entered: 05/03/2001)

May 3, 2001

May 3, 2001

PACER
19

Second Supplemental Disclosures of Defendant Tarrant County Hospital District d/b/a John Peter Smith Hostpital and Designation of Experts (15+pgs) (wrb) (Entered: 05/30/2001)

May 29, 2001

May 29, 2001

PACER
20

ORDER EXTENDING DEADLINES reset discovery due for 7/11/01, reset scheduling order deadlines: Deadline for filing of dispositive motions by 4:30 8/6/01 other than motions in limine ( Signed by Magistrate Judge Charles Bleil ) Copies to counsel: 7/12/01 Page(s) 1 (wrb) (Entered: 07/12/2001)

July 11, 2001

July 11, 2001

PACER
21

JOINT Unopposed MOTION to extend deadlines by Advocacy Incorporate, Tarrant County Hospi (4pgs) (wrb) (Entered: 07/12/2001)

July 11, 2001

July 11, 2001

PACER
22

DFT'S MOTION by defendant Tarrant County Hospi for summary judgment (3pg) (mjw) (Entered: 08/07/2001)

Aug. 6, 2001

Aug. 6, 2001

PACER
23

MEMORANDUM by defendant Tarrant County Hospi in support of [22-1] motion for summary judgment (15+pg) (mjw) (Entered: 08/07/2001)

Aug. 6, 2001

Aug. 6, 2001

PACER
24

APPENDIX by defendant Tarrant County Hospi in support of [22-1] motion for summary judgment (15+pg) (mjw) (Entered: 08/07/2001)

Aug. 6, 2001

Aug. 6, 2001

PACER
25

PLA'S MOTION by plaintiff Advocacy Incorporate for summary judgment (4pg) (mjw) (Entered: 08/07/2001)

Aug. 6, 2001

Aug. 6, 2001

PACER
26

PLA'S MEMORANDUM by plaintiff Advocacy Incorporate in support of [25-1] motion for summary judgment (15+pg0 (mjw) (Entered: 08/07/2001)

Aug. 6, 2001

Aug. 6, 2001

PACER
27

APPENDIX by plaintiff Advocacy Incorporate in support of [25-1] motion for summary judgment (15+pg) (mjw) (Entered: 08/07/2001)

Aug. 6, 2001

Aug. 6, 2001

PACER
28

RESPONSE by defendant Tarrant County Hospi to Plaintiff's [25-1] motion for summary judgment (15+pgs) (fba) (Entered: 08/14/2001)

Aug. 13, 2001

Aug. 13, 2001

PACER
29

Plaintiff's BRIEF IN REPLY by Advocacy Incorporate AND RESPONSE to [22-1] motion for summary judgment (15+pgs) (wrb) (Entered: 08/24/2001)

Aug. 24, 2001

Aug. 24, 2001

PACER
30

Plaintiff's SUPPLEMENTAL APPENDIX by Advocacy Incorporate in support of [29-1] response reply (15+pgs) (wrb) (Entered: 08/24/2001)

Aug. 24, 2001

Aug. 24, 2001

PACER
31

PLA'S RESPONSE by plaintiff Advocacy Incorporate to [22-1] motion for summary judgment (3pg) (mjw) (Entered: 08/31/2001)

Aug. 31, 2001

Aug. 31, 2001

PACER
32

Defendant's RE-Designation of lead counsel and attorney in charge for Tarrant County Hosp (4pg) (wrb) (Entered: 09/06/2001)

Sept. 5, 2001

Sept. 5, 2001

PACER
33

Defendant's MOTION by Tarrant County Hospi to strike [29-1] plaintiff's brief in reply and response (4pg) (wrb) (Entered: 09/10/2001)

Sept. 10, 2001

Sept. 10, 2001

PACER
34

Plaintiff's Answer and Brief In RESPONSE by Advocacy Incorporate to [33-1] motion to strike [29-1] plaintiff's brief in reply and response (4pg) (wrb) (Entered: 09/20/2001)

Sept. 19, 2001

Sept. 19, 2001

PACER
35

MEMORANDUM OPINION AND ORDER granting [25-1] motion for summary judgment, denying [22-1] motion for summary judgment ( Signed by Magistrate Judge Charles Bleil ) Copies to counsel: 10/12/01 Page(s): 12 (wrb) (Entered: 10/12/2001)

Oct. 11, 2001

Oct. 11, 2001

PACER
36

Supplemental AFFIDAVIT of Laurance L Priddy Regarding Attorney's Fees by Advocacy Incorporate (11pgs) (wrb) (Entered: 10/23/2001)

Oct. 22, 2001

Oct. 22, 2001

PACER
37

CERTIFICATE OF SERVICE Regarding [36-1] supplemental affidavit of Laurance L. Priddy Regarding Attorney's Fees and Affidavit of Beth Mitchell (2pg) (wrb) (Entered: 10/23/2001)

Oct. 22, 2001

Oct. 22, 2001

PACER
38

FINAL JUDGMENT for Advocacy Incorporate against Tarrant County Hospital ..1)the failure of deft Tarrant Co Hospital District dba John Peter Smith Hospital to grant Advocacy prompt access to the records of Sawin or other individuals with mental illness receiving care or treatment at a facility within the Tarrant Co Hospital District when there exists a complaint or probable cause to believe that the person has been or is at risk for abuse and neglect is hereby declared to be in violation of Advocacy, Inc's rights and duties; 2) the Hospital District shall be enjoined and restrained from declining to release the records of Robert Sawin or any other "individual with mental illness", as defined in 42 USC 10802(4), when properly requested by Advocacy for purposes related to the Protection and Advocacy for Mentally Ill Individuals Act 42 USC 10801 et seq; Pltf Advocacy Inc shall recover attys fees in the sum of $17,753.50 from defendants. ( Signed by Magistrate Judge Charles Bleil ) Copies to counsel: 10/24/01 Page(s): 1 (wrb) (Entered: 10/24/2001)

Oct. 23, 2001

Oct. 23, 2001

Clearinghouse

Case closed (wrb)

Oct. 23, 2001

Oct. 23, 2001

PACER

***Magistrate Judge Irma C. Ramirez chosen by random selection to handle matters that may be referred in this case. (kdc, )

June 18, 2004

June 18, 2004

PACER

Case Details

State / Territory: Texas

Case Type(s):

Disability Rights

Key Dates

Filing Date: Jan. 16, 2001

Closing Date: Oct. 23, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

P&A as plaintiff

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

Tarrant County Hospital, County

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

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Amount Defendant Pays: $17,753.50

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing