Case: Disability Rights Texas v. Arabit

5:19-cv-01496 | U.S. District Court for the Western District of Texas

Filed Date: Dec. 30, 2019

Closed Date: April 22, 2020

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Case Summary

This is a case about a Protection and Advocacy (P&A) agency’s records access authority. On December 30, 2019, Disability Rights Texas (Disability Rights), Texas’ P&A, filed this lawsuit in the U.S. District Court for the Western District of Texas. Disability Rights filed this lawsuit against Aleen Davis Arabit in her official capacity as the Chief Executive Officer of San Antonio Behavioral Healthcare Hospital (Healthcare Hospital) under the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act), the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), and the Protection and Advocacy for Individual Rights Act (PAIR Act). Represented by itself, Disability Rights sought declaratory and injunctive relief that required the Healthcare Hospital to provide them with a copy of requested video tape records. Judge Orlando Luis Garcia presided over this matter.

In August 2019, Disability Rights received a complaint about an allegation of abuse regarding a patient at Healthcare Hospital. After opening an investigation on this allegation, Disability Rights requested records, including video records, related to the possible abuse. Healthcare Hospital did not provide the requested copy of the video tape records. Despite originally being told they would be able to pick up a copy and view the video at the hospital, Disability Rights were denied copies of the video due to protection health information concerns. Disability Rights filed this lawsuit in response. Arabit and the Healthcare Hospital never appeared or filed anything with the court in response to service of process on January 6, 2020. Disability Rights moved for a default judgment which was granted on April 22, 2020. The court awarded Disability Rights all relief requested and $2,840 in attorneys’ fees and costs.

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Summary Authors

NDRN (12/21/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16638064/parties/disability-rights-texas-v-davis-arabit/

Judge(s)

Garcia, Orlando Luis (Texas)

Attorney for Plaintiff

Barr, Ashley Brunner (Texas)

Mitchell, Beth L. (Texas)

Snead, Lisa A. (Texas)

Judge(s)

Garcia, Orlando Luis (Texas)

Attorney for Plaintiff

Barr, Ashley Brunner (Texas)

Mitchell, Beth L. (Texas)

Snead, Lisa A. (Texas)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 5:19-cv-01496	Plaintiffs' Original Complaint	Dec. 30, 2019	Dec. 30, 2019 Complaint
8 5:19-cv-01496	Order and Final Judgment	April 22, 2020	April 22, 2020 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/16638064/disability-rights-texas-v-davis-arabit/

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

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT ( Filing fee $ 400 receipt number 0542-13019306), filed by Disability Rights Texas. (Attachments: # 1 Civil Cover Sheet)(Barr, Ashley) (Entered: 12/30/2019) 1 Civil Cover Sheet View on PACER	Dec. 30, 2019	Dec. 30, 2019 Clearinghouse
2	REQUEST FOR ISSUANCE OF SUMMONS by Disability Rights Texas. (Barr, Ashley) (Entered: 12/30/2019)	Dec. 30, 2019	Dec. 30, 2019 PACER
	Case assigned to Chief Judge Orlando L. Garcia. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (bc)	Dec. 30, 2019	Dec. 30, 2019 PACER
	If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (bc)	Dec. 30, 2019	Dec. 30, 2019 PACER
3	Summons Issued as to Aleen Davis Arabit. (bc) (Entered: 01/02/2020)	Jan. 2, 2020	Jan. 2, 2020 PACER
	To be Referred to SA Mag Judge	Jan. 2, 2020	Jan. 2, 2020 PACER
	Case Assigned/Reassigned	Jan. 2, 2020	Jan. 2, 2020 PACER
4	SUMMONS Returned Executed by Disability Rights Texas. Aleen Davis Arabit served on 1/6/2020, answer due 1/27/2020. (Barr, Ashley) (Entered: 01/13/2020)	Jan. 13, 2020	Jan. 13, 2020 PACER
5	MOTION for Entry of Default against Aleen Davis Arabit, in her official capacity as the Chief Executive Officer of San Antonio Behavioral Healthcare Hospital, LLC by Disability Rights Texas. (Attachments: # 1 Proposed Order)(Barr, Ashley) (Entered: 03/20/2020)	March 20, 2020	March 20, 2020 PACER
6	MOTION for Default Judgment against Aleen Davis Arabit, in her official capacity as the Chief Executive Officer of San Antonio Behavioral Healthcare Hospital, LLC. by Disability Rights Texas. (Attachments: # 1 Proposed Order, # 2 Exhibit A)(Barr, Ashley) (Entered: 03/20/2020)	March 20, 2020	March 20, 2020 PACER
7	Clerk's ENTRY OF DEFAULT as to Aleen Davis Arabit. (bc) (Entered: 03/23/2020)	March 23, 2020	March 23, 2020 PACER
8	ORDER AND FINAL JUDGMENT. Signed by Chief Judge Orlando L. Garcia. (mgr) (Entered: 04/23/2020)	April 22, 2020	April 22, 2020 RECAP