Case: Advocacy, Inc. v. Horn

1:08-cv-00071 | U.S. District Court for the Western District of Texas

Filed Date: Jan. 23, 2008

Closed Date: Aug. 6, 2009

Clearinghouse coding complete

Case Summary

This is a case about a protection and advocacy (P&A) agency’s records access authority for peer review records. On January 23, 2008, Disability Rights Texas filed this lawsuit in the U.S. District Court for the Western District of Texas against Adelaide Horn in his official capacity as Commissioner of the Texas Department of Aging and Disability Services (Department). Disability Rights Texas alleged that the Department violated the Protection and Advocacy for Individuals With Mental Illness Act…

This is a case about a protection and advocacy (P&A) agency’s records access authority for peer review records. On January 23, 2008, Disability Rights Texas filed this lawsuit in the U.S. District Court for the Western District of Texas against Adelaide Horn in his official capacity as Commissioner of the Texas Department of Aging and Disability Services (Department). Disability Rights Texas alleged that the Department violated the Protection and Advocacy for Individuals With Mental Illness Act (PAIMI Act) and the Developmentally Disabled Assistance and Bill of Rights Act (DD Act) when they denied them access to death investigation and peer review records for two individuals who died at a Department-operated residential facility. Judge Earl Leroy Yeakel III presided over this matter.

Disability Rights Texas opened an investigation into whether the deaths of two people under the state's care resulted from staff abuse or neglect. The P&A requested all records concerning the death, including peer review and quality assurance records. However, the school refused to provide internal death investigation records as well as peer review and quality assurance records. Disability Rights Texas filed a Motion for Summary Judgment for a permanent injunction to receive these records. The court held a bench trial on August 29, 2008. On March 26, 2009, the court granted Disability Rights Texas’s motion. The court reasoned that P&As may access peer review records concerning the death of an individual with disabilities despite such records not being explicitly included in the DD Act. The court found the Second, Third, Fifth, Eighth, and Tenth Circuit Courts of Appeals' determinations that P&A laws authorize designated agencies access to peer-review reports persuasive. The court permanently enjoined the Department from denying Disability Rights Texas with all peer review and death investigation records, effectively requiring disclosure going forward. The order also required production of reports on the deaths of two individuals by April 16, 2009.

On August 6, 2009, the case was dismissed. This case is now closed.

Summary Authors

NDRN (8/20/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/43614512/parties/advocacy-incorporated-v-horn/


Judge(s)

Yeakel, Earl Leroy (Texas)

Attorney for Plaintiff

Mitchell, Beth L. (Texas)

Attorney for Defendant

Connor, Madeleine B. (Texas)

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Documents in the Clearinghouse

Document
1

1:08-cv-00071

Plaintiff's Verified Original Complaint

Jan. 23, 2008

Jan. 23, 2008

Complaint
2

1:08-cv-00071

Plaintiff's Motion for Preliminary Injunction and Memorandum of Law in Support

Jan. 23, 2008

Jan. 23, 2008

Pleading / Motion / Brief
16

1:08-cv-00071

Plaintiff's Request for Judgment and Brief in Support

June 12, 2008

June 12, 2008

Pleading / Motion / Brief
45

1:08-cv-00071

Order

Sept. 2, 2008

Sept. 2, 2008

Order/Opinion
48

1:08-cv-00071

Final Judgment

March 26, 2009

March 26, 2009

Order/Opinion

2009 WL 10698769

47

1:08-cv-00071

Findings of Fact and Conclusions of Law

March 26, 2009

March 26, 2009

Order/Opinion

2009 WL 10698769

Docket

See docket on RECAP: https://www.courtlistener.com/docket/43614512/advocacy-incorporated-v-horn/

Last updated April 29, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( Filing fee $ 350.00; receipt number 420685), filed by Advocacy, Incorporated. (Attachments: # 1 Civil Cover Sheet & copy of receipt)(mm5) (Entered: 01/24/2008)

1 Civil Cover Sheet & copy of receipt

View on PACER

Jan. 23, 2008

Jan. 23, 2008

Clearinghouse
2

MOTION for Preliminary Injunction and Memorandum of Law in Support, by Advocacy, Incorporated. (Attachments: # 1 Exhibits, # 2 Proposed Order)(mm5) (Entered: 01/24/2008)

1 Exhibit

View on RECAP

2 Proposed Order

View on RECAP

Jan. 23, 2008

Jan. 23, 2008

Clearinghouse
3

Summons Issued as to Adelaide Horn. (mm5) (Entered: 01/24/2008)

Jan. 23, 2008

Jan. 23, 2008

PACER
4

SUMMONS Returned Executed by Advocacy, Incorporated. Adelaide Horn served on 1/24/2008, answer due 2/13/2008. (Mitchell, Beth) (Entered: 01/30/2008)

Jan. 30, 2008

Jan. 30, 2008

PACER
5

ANSWER to 1 Complaint by Adelaide Horn.(mc2, ) (Entered: 02/14/2008)

Feb. 13, 2008

Feb. 13, 2008

PACER
6

NOTICE of Filing Vacation Letter by Advocacy, Incorporated (Mitchell, Beth) (Entered: 02/15/2008)

Feb. 15, 2008

Feb. 15, 2008

PACER
7

ORDER, ( Status Conference in chambers set for 3/13/2008 01:30 PM before Judge Lee Yeakel.). Signed by Judge Lee Yeakel. (mc2, ) (Entered: 02/26/2008)

Feb. 25, 2008

Feb. 25, 2008

PACER
8

Minute Entry for proceedings held before Judge Lee Yeakel: Status Conference held on 3/13/2008 (Minute entry documents are not available electronically.). (Court Reporter Julie Goodwin.)(mc2, ) (Entered: 03/13/2008)

March 13, 2008

March 13, 2008

PACER
9

SCHEDULING ORDER: Amended Pleadings due by 4/14/2008. Bench Trial set for 8/6/2008 09:00 AM before Judge Lee Yeakel.. Signed by Judge Lee Yeakel. (mc2, ) (Entered: 03/14/2008)

March 13, 2008

March 13, 2008

PACER
10

Unopposed MOTION to Extend Scheduling Order Deadlines by Adelaide Horn. (Attachments: # 1 Proposed Order)(Connor, Madeleine) (Entered: 04/11/2008)

April 11, 2008

April 11, 2008

PACER
11

ORDER GRANTING 10 Motion to Extend Scheduling Order Deadlines. Signed by Judge Lee Yeakel. (mc2, ) (Entered: 04/14/2008)

April 14, 2008

April 14, 2008

PACER
12

JOINT MOTION to Seal by Advocacy, Incorporated, Adelaide Horn. (jk, ) (Entered: 05/05/2008)

May 2, 2008

May 2, 2008

PACER
13

NOTICE of Filing: Agreed Record with Exemplars by Advocacy, Incorporated, Adelaide Horn (Attachments: # 1 Exhibit A - F) (SEALED Exhibits A, B, C, D, & E are NOT available for viewing). (jk, ) (Entered: 05/05/2008)

May 2, 2008

May 2, 2008

PACER
14

NOTICE Attorney Vacation Letter by Adelaide Horn (Connor, Madeleine) (Entered: 05/15/2008)

May 15, 2008

May 15, 2008

PACER
15

ORDER GRANTING 12 Joint Motion to Seal. Signed by Judge Lee Yeakel. (jk, ) (Entered: 05/21/2008)

May 20, 2008

May 20, 2008

PACER
16

MOTION for Summary Judgment by Advocacy, Incorporated. (Attachments: # 1 Proposed Order on Plaintiff's Request for Judgment)(Mitchell, Beth) (Entered: 06/12/2008)

1 Proposed Order on Plaintiff's Request for Judgment

View on RECAP

June 12, 2008

June 12, 2008

Clearinghouse
17

* MOTION for Extension of Time to File Defendant's Brief-in-Chief by Adelaide Horn. (Attachments: # 1 Proposed Order)(Connor, Madeleine) (Entered: 07/14/2008)

July 14, 2008

July 14, 2008

PACER
18

DEFICIENCY NOTICE: re 17 * MOTION for Extension of Time to File Defendant's Brief-in-Chief (mc2, ) (Entered: 07/14/2008)

July 14, 2008

July 14, 2008

PACER
19

CERTIFICATE OF SERVICE by Adelaide Horn Amended re Dkt. # 17 (Connor, Madeleine) Modified on 7/15/2008 to link to proper pleading(mc2, ). (Entered: 07/14/2008)

July 14, 2008

July 14, 2008

PACER
20

ORDER GRANTING 17 Motion for Extension of Time to File brief. Signed by Judge Lee Yeakel. (mc2, ) (Entered: 07/15/2008)

July 15, 2008

July 15, 2008

PACER
21

*Agreed MOTION for Extension of Time to File Response/Reply Brief by Advocacy, Incorporated. (Attachments: # 1 Proposed Order Granting Motion to Extend time to File Plaintiff's Reply Brief)(Mitchell, Beth) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

PACER
22

ORDER, ( Bench Trial reset for 8/29/2008 09:00 AM before Judge Lee Yeakel.). Signed by Judge Lee Yeakel. (mc2, ) (Entered: 07/18/2008)

July 17, 2008

July 17, 2008

PACER
23

ANSWER to 1 Complaint by Adelaide Horn.(mc2, ) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

PACER
24

* MOTION to supplement the record by Adelaide Horn. (Attachments: # 1 Proposed Order Defendant's Motion to Supplement the Record)(Connor, Madeleine) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

PACER
25

*Opposed MOTION to Amend Answer, * MOTION for Leave to File by Adelaide Horn. (Attachments: # 1 Proposed Order For Leave to Amend Answer)(Connor, Madeleine) Modified on 7/21/2008 to correct motion type (mc2, ). (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

PACER
26

TRIAL BRIEF by Adelaide Horn. (Connor, Madeleine) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

PACER
27

DEFICIENCY NOTICE: re motion to amend answer 25 . (mc2, ) (Entered: 07/21/2008)

July 21, 2008

July 21, 2008

PACER
28

* MOTION for Leave to File Amended Answer by Adelaide Horn. (Attachments: # 1 Appendix)(Connor, Madeleine) (Entered: 07/21/2008)

July 21, 2008

July 21, 2008

PACER
29

* Amended MOTION to supplement re 24 * MOTION to supplement the record by Adelaide Horn. (Attachments: # 1 Exhibits (Exhibit F is sealed and not available electronically))(mc2, ) (Entered: 07/22/2008)

July 22, 2008

July 22, 2008

PACER
30

* MOTION to Seal (Exhibit F to Amended Motion to Supplement the record 29 ) by Adelaide Horn. (mc2, ) (Entered: 07/22/2008)

July 22, 2008

July 22, 2008

PACER
31

ORDER GRANTING 21 Motion for Extension of Time to File reply brief. Signed by Judge Lee Yeakel. (mc2, ) (Entered: 07/29/2008)

July 29, 2008

July 29, 2008

PACER
32

ORDER GRANTING 30 Motion to Seal supplemental Exhibit F, re Dkt. 29 . Signed by Judge Lee Yeakel. (mc2, ) (Entered: 08/01/2008)

July 31, 2008

July 31, 2008

PACER
33

Response in Opposition to Motion, filed by Advocacy, Incorporated, 25 to Defendant's Request for Leave to Amend Answer (Attachments: # 1 Proposed Order Granting Plaintiff's Motion in Opposition to Defendant's Request for Leave to Amend Answer)(Mitchell, Beth) Modified on 8/5/2008 added linked motion number(mc2, ). (Entered: 08/04/2008)

Aug. 4, 2008

Aug. 4, 2008

PACER
34

BRIEF regarding 26 Trial Brief by Advocacy, Incorporated. (Attachments: # 1 Exhibit A)(Mitchell, Beth) (Entered: 08/04/2008)

Aug. 4, 2008

Aug. 4, 2008

PACER
35

DEFICIENCY NOTICE: re 33 Response in Opposition to Motion, (mc2, ) (Entered: 08/05/2008)

Aug. 5, 2008

Aug. 5, 2008

PACER
36

DEFICIENCY NOTICE: re 34 Brief (mc2, ) (Entered: 08/05/2008)

Aug. 5, 2008

Aug. 5, 2008

PACER
37

CERTIFICATE OF SERVICE by Advocacy, Incorporated Amended to 33 response to motion and re 35 Deficiency Notice (Mitchell, Beth) Modified on 8/5/2008 to add linkage and text (mc2, ). (Entered: 08/05/2008)

Aug. 5, 2008

Aug. 5, 2008

PACER
38

CERTIFICATE OF SERVICE by Advocacy, Incorporated Amended to 34 brief and re 36 Deficiency Notice (Mitchell, Beth) Modified on 8/5/2008 to add linkage and text (mc2, ). (Entered: 08/05/2008)

Aug. 5, 2008

Aug. 5, 2008

PACER
39

SUPPLEMENT to 33 Response in Opposition to Motion, Plaintiff's Notice of Filing Supplemental Exhibit by Advocacy, Incorporated. (Attachments: # 1 Exhibit A)(Mitchell, Beth) (Entered: 08/05/2008)

Aug. 5, 2008

Aug. 5, 2008

PACER
40

ORDER GRANTING 24 Motion to supplement; GRANTING 29 Motion to supplement Signed by Judge Lee Yeakel. (mc2, ) (Entered: 08/08/2008)

Aug. 8, 2008

Aug. 8, 2008

PACER
41

ORDER GRANTING 28 Motion for Leave to File amended answer. Signed by Judge Lee Yeakel. (mc2, ) (Entered: 08/08/2008)

Aug. 8, 2008

Aug. 8, 2008

PACER
42

AMENDED ANSWER to 1 Complaint by Adelaide Horn. (mc2, ) (Entered: 08/27/2008)

Aug. 27, 2008

Aug. 27, 2008

PACER
43

NOTICE of Authorities by Adelaide Horn (Connor, Madeleine) (Entered: 08/28/2008)

Aug. 28, 2008

Aug. 28, 2008

PACER
44

Minute Entry for proceedings held before Judge Lee Yeakel: Bench Trial begun on 8/29/2008, Bench Trial held on 8/29/2008, Bench Trial completed on 8/29/2008 (Minute entry documents are not available electronically.). (Court Reporter Kathy Carroll.)(mc2, ) (Entered: 08/29/2008)

Aug. 29, 2008

Aug. 29, 2008

PACER
45

ORDER DISMISSING 2 Motion for Preliminary Injunction and Plaintiff's Request for Judgment 16 Signed by Judge Lee Yeakel. (td) (Entered: 09/02/2008)

Sept. 2, 2008

Sept. 2, 2008

Clearinghouse
46

Letter/Correspondence re vacation schedule of attorney for Adelaide Horn. (mc2, ) (Entered: 01/23/2009)

Jan. 23, 2009

Jan. 23, 2009

PACER
47

FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by Judge Lee Yeakel. (mc2, ) (Entered: 03/26/2009)

March 26, 2009

March 26, 2009

Clearinghouse
48

JUDGMENT in favor of plaintiff against defendants. Signed by Judge Lee Yeakel. (mc2, ) (Entered: 03/26/2009)

March 26, 2009

March 26, 2009

Clearinghouse
49

Joint MOTION for Extension of Time to File Plaintiff's Motion for Attorney's Fees and Costs by Advocacy, Incorporated, Adelaide Horn. (Attachments: # 1 Proposed Order Granting Joint Motion to Extend Time to File Plaintiff's Motion for Attorney's Fees and Costs)(Mitchell, Beth) Modified on 4/8/2009 to add filer (mc2, ). (Entered: 04/08/2009)

April 8, 2009

April 8, 2009

PACER

Notice of Correction: re 49 Joint MOTION for Extension of Time to File Plaintiff's Motion for Attorney's Fees and Costs. This document indicates both plaintiff and defendant as filers. However, only one of the parties was selected as a filer to the document. We have made the necessary correction to add the defendant as a filer for purposes of the record. No further action is required. Please note this information for future filings. (mc2, )

April 8, 2009

April 8, 2009

PACER
50

ORDER GRANTING 49 Motion for Extension of Time to File motion for attorney's fees and costs until 4/23/09. Signed by Judge Lee Yeakel. (mc2, ) (Entered: 04/09/2009)

April 9, 2009

April 9, 2009

PACER
51

Joint MOTION for Extension of Time to File Plaintiff's Motion for Attorney's Fees and Costs by Advocacy, Incorporated, Adelaide Horn. (Attachments: # 1 Proposed Order Granting Second Joint Motion to Extend Time to File Plaintiff's Motion for Attorney's Fees and Costs)(Mitchell, Beth) (Entered: 04/23/2009)

April 23, 2009

April 23, 2009

PACER
52

ORDER GRANTING 51 Motion for Extension of Time to File motion for attorney's fees and costs until 6/8/09. Signed by Judge Lee Yeakel. (mc2, ) (Entered: 04/28/2009)

April 28, 2009

April 28, 2009

PACER
53

Joint MOTION for Extension of Time to File Plaintiff's Motion for Attorney's Fees and Costs by Advocacy, Incorporated, Adelaide Horn. (Attachments: # 1 Attorney Fees and Costs Release and Settlement Agreement, # 2 Proposed Order Granting Third Joint Motion to Extend Time to File Plaintiff's Motion for Attorney's Fees and Costs)(Mitchell, Beth) (Entered: 06/01/2009)

June 1, 2009

June 1, 2009

PACER
54

ORDER GRANTING 53 Motion for Extension of Time to File motion for attorney's fees and costs. Signed by Judge Lee Yeakel. (mc2, ) (Entered: 06/04/2009)

June 4, 2009

June 4, 2009

PACER
55

STIPULATION of Dismissal by Advocacy, Incorporated, Adelaide Horn. (Attachments: # 1 Proposed Order of Dismissal)(Mitchell, Beth) (Entered: 08/04/2009)

Aug. 4, 2009

Aug. 4, 2009

PACER
56

ORDER re 55 Stipulation of Dismissal filed by Adelaide Horn, Advocacy, Incorporated. Signed by Judge Lee Yeakel. (mc2, ) (Entered: 08/06/2009)

Aug. 6, 2009

Aug. 6, 2009

PACER

Case Details

State / Territory: Texas

Case Type(s):

Disability Rights

Key Dates

Filing Date: Jan. 23, 2008

Closing Date: Aug. 6, 2009

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

Texas Department of Aging and Disability Services, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Document/information produced

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing