Filed Date: May 3, 2019
Closed Date: June 17, 2019
Clearinghouse coding complete
This is a case about a protection and advocacy agency’s records access authority. On May 3, 2019, Disability Law Center of Virginia (DLC Virginia) filed this lawsuit in the U.S. District Court for the Western District of Virginia. DLC Virginia filed this lawsuit against DePaul Community Resources (DePaul), a provider of services to individuals with disabilities. DLC Virginia alleged that DePaul violated the Developmental Disabilities and Bill of Rights Act when they refused to provide DLC Virginia with root cause analysis records of a deceased former DePaul service recipient. Judge Michael F. Urbanski presided over this matter.
This lawsuit began after DLC Virginia requested root cause analysis records from DePaul concerning a service recipient’s death, in accordance with state law requirements. DePaul refused to provide the root cause analysis, asserting that the records were protected by work product privilege. On June 4, 2019, the parties reached an Agreed Protective Order concerning the root cause analysis. DePaul provided DLC Virginia with the records along with a corresponding confidentiality agreement for the records. On June 17, 2019, the court dismissed this case with prejudice. The case remains closed.
Summary Authors
NDRN (8/21/2023)
See docket on RECAP: https://www.courtlistener.com/docket/15051338/disability-law-center-of-virginia-v-depaul-community-resources/
Last updated June 29, 2023, 3:02 a.m.
State / Territory: Virginia
Case Type(s):
Key Dates
Filing Date: May 3, 2019
Closing Date: June 17, 2019
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
DePaul Community Resources, Non-profit or advocacy
Case Details
Causes of Action:
Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Issues
Disability: