Case: Disability Rights Washington v. Penrith Farms

2:09-cv-00024 | U.S. District Court for the Eastern District of Washington

Filed Date: Jan. 29, 2009

Closed Date: Oct. 6, 2009

Clearinghouse coding complete

Case Summary

This is a case about whether a Protection and Advocacy (P&A) agency can use its access authority in an unlicensed group home. On January 29, 2009, Disability Rights Washington, Washington’s P&A, filed this lawsuit in the U.S. District Court for the Eastern District of Washington. Disability Rights Washington filed this lawsuit against Penrith Farms (Penrith), an unlicensed group home provider, under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act) and Protection and Adv…

This is a case about whether a Protection and Advocacy (P&A) agency can use its access authority in an unlicensed group home. On January 29, 2009, Disability Rights Washington, Washington’s P&A, filed this lawsuit in the U.S. District Court for the Eastern District of Washington. Disability Rights Washington filed this lawsuit against Penrith Farms (Penrith), an unlicensed group home provider, under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act) and Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act). Represented by itself, Disability Rights Washington sought injunctive relief that required Penrith allow them to access the group home and investigate pursuant to the DD and PAIMI Acts. Judge Justin Lowe Quackenbush presided over this matter. 

Disability Rights Washington began its investigation upon receiving a complaint from a Penrith resident who claimed Penrith took his personal belongings, told him he could not leave the home, and forced him to do manual labor without compensation. Subsequently, Disability Rights Washington requested records and interviews with residents, but Penrith refused. Penrith asserted that Disability Rights Washington could not access their facility or records because as an unlicensed group home, they were not a covered facility under the PAIMI and DD Acts, and that no Penrith residents had disabilities. Disability Rights Washington filed a Motion for Summary Judgment that Penrith was a facility under both Acts that served individuals with disabilities. On October 6, 2009, the court granted summary Judgment for Disability Rights Washington. The court reasoned that Penrith residents identified as individuals with disabilities and mental illness, that Penrith staff said residents had disabilities, and Penrith’s own website asserted that the group home provides services for individuals with disabilities. The court maintained that the PAIMI and DD Acts cover facilities for individuals with disabilities regardless of their licensure types. On October 6, 2009, the court closed the case.

Summary Authors

NDRN (12/16/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5427978/parties/disability-rights-washington-v-penrith-farms/


Judge(s)

Quackenbush, Justin Lowe (Washington)

Attorney for Defendant

Burr, Zachary Hamilton (Washington)

Carlson, David R (Washington)

Howard, Christopher Holm (Washington)

Krashan, Allison Kathleen (Washington)

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Documents in the Clearinghouse

Document
1

2:09-cv-00024

Complaint

Jan. 29, 2009

Jan. 29, 2009

Complaint
3

2:09-cv-00024

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

Jan. 29, 2009

Jan. 29, 2009

Pleading / Motion / Brief
45

2:09-cv-00024

Order Denying Motion to Dismiss

March 20, 2009

March 20, 2009

Order/Opinion

2009 WL 2009

51

2:09-cv-00024

Response to Order to Show Cause

Aug. 14, 2009

Aug. 14, 2009

Pleading / Motion / Brief
57

2:09-cv-00024

Memorandum of Law in Support of Plaintiff's Motion for Summary Judgment

Aug. 14, 2009

Aug. 14, 2009

Pleading / Motion / Brief
67

2:09-cv-00024

Order Granting Motions for Summary Judgment

Oct. 6, 2009

Oct. 6, 2009

Order/Opinion

2009 WL 2009

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5427978/disability-rights-washington-v-penrith-farms/

Last updated Feb. 25, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants ( Filing fee $ 350; Receipt # SPO008267). Summons issued. Filed by Disability Rights Washington. (Attachments: # 1 Civil Cover Sheet)(CS, Case Administrator) (Entered: 01/29/2009)

1

View on RECAP

2 Civil Cover Sheet

View on PACER

Jan. 29, 2009

Jan. 29, 2009

Clearinghouse
2

MOTION for Preliminary Injunction by Disability Rights Washington. (Carlson, David) (Entered: 01/29/2009)

Jan. 29, 2009

Jan. 29, 2009

PACER
3

MEMORANDUM in Support re 2 MOTION for Preliminary Injunction filed by Disability Rights Washington. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Carlson, David) (Entered: 01/29/2009)

2 Exhibit

View on PACER

3 Text of Proposed Order

View on PACER

Jan. 29, 2009

Jan. 29, 2009

Clearinghouse
4

DECLARATION by Mark Stroh in Support re 2 MOTION for Preliminary Injunction filed by Disability Rights Washington. (Attachments: # 1 Exhibit)(Carlson, David) (Entered: 01/29/2009)

Jan. 29, 2009

Jan. 29, 2009

PACER
5

DECLARATION by Craig Awmiller in Support re 2 MOTION for Preliminary Injunction filed by Disability Rights Washington. (Attachments: # 1 Exhibit)(Carlson, David) (Entered: 01/29/2009)

Jan. 29, 2009

Jan. 29, 2009

PACER
6

NOTICE of Hearing on Motion re 2 MOTION for Preliminary Injunction : Motion Hearing set for 2/6/2009 06:30 PM in Spokane before Senior Judge Justin L. Quackenbush. (Carlson, David) (Entered: 01/29/2009)

Jan. 29, 2009

Jan. 29, 2009

PACER
7

MOTION to Expedite by Disability Rights Washington. (Attachments: # 1 Text of Proposed Order)(Carlson, David) (Entered: 01/29/2009)

Jan. 29, 2009

Jan. 29, 2009

PACER
8

NOTICE of Hearing on Motion re 7 MOTION to Expedite : Motion Hearing set for 2/6/2009 06:30 PM in Spokane before Senior Judge Justin L. Quackenbush. (Carlson, David) (Entered: 01/29/2009)

Jan. 29, 2009

Jan. 29, 2009

PACER
9

AMENDED NOTICE of Hearing on Motion re 2 MOTION for Preliminary Injunction : Motion Hearing set for 3/2/2009 06:30 PM in Spokane before Senior Judge Justin L. Quackenbush. (Carlson, David) (Entered: 01/30/2009)

Jan. 30, 2009

Jan. 30, 2009

PACER
10

PROOF OF SERVICE by Disability Rights Washington. (Carlson, David) (Entered: 01/30/2009)

Jan. 30, 2009

Jan. 30, 2009

PACER
11

NOTICE of Appearance by Matthew Karl Sanger on behalf of all defendants (Sanger, Matthew) (Entered: 02/03/2009)

Feb. 3, 2009

Feb. 3, 2009

PACER
12

Praecipe filed by all defendants: Re 11 Notice of Appearance. (Sanger, Matthew) (Entered: 02/04/2009)

Feb. 4, 2009

Feb. 4, 2009

PACER
13

DECLARATION in Opposition re 7 MOTION to Expedite, 2 MOTION for Preliminary Injunction Declaration of James Brewster filed by all defendants. (Sanger, Matthew) (Entered: 02/05/2009)

Feb. 5, 2009

Feb. 5, 2009

PACER
14

DECLARATION by Steven A. Carreras in Opposition re 7 MOTION to Expedite, 2 MOTION for Preliminary Injunction filed by all defendants. (Sanger, Matthew) (Entered: 02/05/2009)

Feb. 5, 2009

Feb. 5, 2009

PACER
15

DECLARATION by Matthew K. Sanger in Opposition re 7 MOTION to Expedite, 2 MOTION for Preliminary Injunction filed by all defendants. (Attachments: # 1 Supplement)(Sanger, Matthew) (Entered: 02/05/2009)

Feb. 5, 2009

Feb. 5, 2009

PACER
16

MEMORANDUM of Points and Authorities in Opposition re 7 MOTION to Expedite, 2 MOTION for Preliminary Injunction filed by all defendants. (Sanger, Matthew) (Entered: 02/05/2009)

Feb. 5, 2009

Feb. 5, 2009

PACER
17

Praecipe filed by all defendants: Re 14 Declaration in Opposition to Motion. (Sanger, Matthew) (Entered: 02/06/2009)

Feb. 6, 2009

Feb. 6, 2009

PACER
18

ORDER SETTING STATUS CONFERENCE - Telephonic Status Conference set for 2/12/2009 at 11:00 AM via Telephonic Argument before Senior Judge Justin L. Quackenbush. Signed by Senior Judge Justin L. Quackenbush. (CS, Case Administrator) (Entered: 02/06/2009)

Feb. 6, 2009

Feb. 6, 2009

PACER
19

REPLY MEMORANDUM re 7 MOTION to Expedite filed by Disability Rights Washington. (Attachments: # 1 Exhibit A)(Carlson, David) (Entered: 02/09/2009)

Feb. 9, 2009

Feb. 9, 2009

PACER
20

ORDER ON STATUS CONFERENCE - denying 7 Motion to Expedite. Signed by Senior Judge Justin L. Quackenbush. (CS, Case Administrator) (Entered: 02/12/2009)

Feb. 12, 2009

Feb. 12, 2009

PACER
21

Minute Entry for TELEPHONIC proceedings held before Senior Judge Justin L. Quackenbush: Status Conference held on 2/12/2009. (Reported/Recorded by: Mark Snover) (MB, Judicial Assistant) (Additional attachment(s) added on 2/13/2009: # 1 Minutes) (RF, Case Administrator). (Entered: 02/12/2009)

Feb. 12, 2009

Feb. 12, 2009

PACER
22

Docket Annotation - Re Filing Error: 21 Minutes Status Conference REVISED PDF IMAGE ATTACHED . Defendant shall serve and file any dispositive jurisdiction motion including memorandum and declarations in support thereof within 10 days. (RF, Case Administrator) (Entered: 02/13/2009)

Feb. 12, 2009

Feb. 12, 2009

PACER
23

SUMMONS Returned Executed by Disability Rights Washington re Penrith Farms. (Carlson, David) (Entered: 02/20/2009)

Feb. 20, 2009

Feb. 20, 2009

PACER
24

SUMMONS Returned Executed by Disability Rights Washington re James Brewster. (Carlson, David) (Entered: 02/20/2009)

Feb. 20, 2009

Feb. 20, 2009

PACER
25

SUMMONS Returned Executed by Disability Rights Washington re Sherry Brewster. (Carlson, David) (Entered: 02/20/2009)

Feb. 20, 2009

Feb. 20, 2009

PACER
26

SUMMONS Returned Executed by Disability Rights Washington re Steven A Carreras. (Carlson, David) (Entered: 02/20/2009)

Feb. 20, 2009

Feb. 20, 2009

PACER
27

MOTION to Dismiss by all defendants. (Sanger, Matthew) (Entered: 02/23/2009)

Feb. 23, 2009

Feb. 23, 2009

PACER
28

MEMORANDUM in Support re 27 MOTION to Dismiss filed by all defendants. (Sanger, Matthew) (Entered: 02/23/2009)

Feb. 23, 2009

Feb. 23, 2009

PACER
29

DECLARATION by James Brewster in Support re 27 MOTION to Dismiss filed by all defendants. (Sanger, Matthew) (Entered: 02/23/2009)

Feb. 23, 2009

Feb. 23, 2009

PACER
30

DECLARATION by Steven Carreras in Support re 27 MOTION to Dismiss filed by all defendants. (Sanger, Matthew) (Entered: 02/23/2009)

Feb. 23, 2009

Feb. 23, 2009

PACER
31

Defendants' NOTICE of Hearing on Motion re 27 MOTION to Dismiss : Motion Hearing set for 3/13/2009 06:30 PM in Spokane before Senior Judge Justin L. Quackenbush. (Sanger, Matthew) (Entered: 02/24/2009)

Feb. 24, 2009

Feb. 24, 2009

PACER
32

DECLARATION by Matthew K Sanger in Support re 27 MOTION to Dismiss filed by all defendants. (Sanger, Matthew) (Entered: 02/24/2009)

Feb. 24, 2009

Feb. 24, 2009

PACER
33

MEMORANDUM in Opposition re 27 MOTION to Dismiss filed by Disability Rights Washington. (Attachments: # 1 Exhibit A&B)(Carlson, David) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

PACER
34

DECLARATION by Jose Alarcon in Opposition re 27 MOTION to Dismiss filed by Disability Rights Washington. (Carlson, David) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

RECAP
35

DECLARATION by J.S. in Opposition re 27 MOTION to Dismiss filed by Disability Rights Washington. (Carlson, David) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

PACER
36

DECLARATION by K.S. in Opposition re 27 MOTION to Dismiss filed by Disability Rights Washington. (Attachments: # 1 Exhibit 1-11)(Carlson, David) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

PACER
37

NOTICE of Appearance by Zachary Hamilton Burr on behalf of Disability Rights Washington (Burr, Zachary) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

PACER
38

NOTICE of Hearing on Motion - By Court - Text entry;no PDF document. Oral Argument Requested re 27 MOTION to Dismiss : Motion Hearing set for 3/19/2009 03:00 PM in Telephonic Argument before Senior Judge Justin L. Quackenbush. Counsel shall call the court's conference line at 509-372-1234 and shall not be on speaker phones.(MB, Judicial Assistant) (Entered: 03/10/2009)

March 10, 2009

March 10, 2009

PACER
39

Errata filed by Disability Rights Washington: Re 33 Memorandum in Opposition to Motion. (Attachments: # 1 corrected memorandum, # 2 Exhibit A-C)(Carlson, David) (Entered: 03/11/2009)

March 11, 2009

March 11, 2009

PACER
40

DECLARATION by Gregory L Hicks in Support re 27 MOTION to Dismiss filed by all defendants. (Sanger, Matthew) (Entered: 03/13/2009)

March 13, 2009

March 13, 2009

PACER
41

DECLARATION by James Brewster in Support re 27 MOTION to Dismiss filed by all defendants. (Sanger, Matthew) (Entered: 03/13/2009)

March 13, 2009

March 13, 2009

PACER
42

Defendants' ANSWER to Complaint, COUNTERCLAIM against all defendants by all defendants.(Sanger, Matthew) (Entered: 03/13/2009)

March 13, 2009

March 13, 2009

PACER
43

DECLARATION by Nancy I Gump in Support re 27 MOTION to Dismiss filed by all defendants. (Sanger, Matthew) (Entered: 03/13/2009)

March 13, 2009

March 13, 2009

PACER
44

DECLARATION by Matthew K Sanger in Support re 27 MOTION to Dismiss filed by all defendants. (Sanger, Matthew) (Entered: 03/17/2009)

March 17, 2009

March 17, 2009

PACER
46

Minute Entry for TELEPHONIC proceedings held before Senior Judge Justin L. Quackenbush: Motion Hearing held on 3/19/2009. (Reported/Recorded by: Debra Clark) (MB, Judicial Assistant) (Entered: 03/21/2009)

March 19, 2009

March 19, 2009

PACER
45

ORDER DENYING MOTION TO DISMISS. Denying Defendants' 27 Motion to Dismiss. Signed by Senior Judge Justin L. Quackenbush. (RF, Case Administrator) (Entered: 03/20/2009)

March 20, 2009

March 20, 2009

Clearinghouse
47

NOTICE of Appearance by Allison Kathleen Miller on behalf of Disability Rights Washington (Miller, Allison) (Entered: 04/09/2009)

April 9, 2009

April 9, 2009

PACER
48

ORDER TO SHOW CAUSE. Parties are ordered to show cause in writing why this case should not be administratively closed. Show Cause Response due by 8/14/2009. Signed by Senior Judge Justin L. Quackenbush. (RF, Case Administrator) (Entered: 07/30/2009)

July 30, 2009

July 30, 2009

PACER
49

DECLARATION of James Brewster in response to Order to Show Cause by James Brewster. (Sanger, Matthew) (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

PACER
50

DECLARATION of Brewster in Response to Order to Show Cause (corrected) by James Brewster. (Sanger, Matthew) (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

PACER
51

RESPONSE TO ORDER TO SHOW CAUSE by Disability Rights Washington. (Carlson, David) (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

Clearinghouse
52

DECLARATION of Craig Awmiller in Support of Response to Order to Show Cause re 51 Response to Order to Show Cause by Disability Rights Washington. (Carlson, David) (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

PACER
53

DECLARATION of Emily Cooper Pura in Support of Response to Order to Show Cause re 51 Response to Order to Show Cause by Disability Rights Washington. (Carlson, David) (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

PACER
54

DECLARATION of Zachary Burr in Support of Response to Show Cause re 51 Response to Order to Show Cause by Disability Rights Washington. (Carlson, David) (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

PACER
55

MOTION for Summary Judgment by Disability Rights Washington. (Attachments: # 1 Text of Proposed Order)(Carlson, David) (Entered: 08/14/2009)

2 Text of Proposed Order

View on PACER

Aug. 14, 2009

Aug. 14, 2009

PACER
56

NOTICE of Hearing on Motion re 55 MOTION for Summary Judgment : Motion Hearing set for 10/8/2009 01:30 PM in Spokane before Senior Judge Justin L. Quackenbush. (Carlson, David) (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

PACER
57

MEMORANDUM in Support re 55 MOTION for Summary Judgment filed by Disability Rights Washington. (Carlson, David) (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

Clearinghouse
58

DECLARATION by David Carlson in Support re 55 MOTION for Summary Judgment filed by Disability Rights Washington. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit B (cont) and Exhibit C)(Carlson, David) (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

PACER
59

STATEMENT OF Specific FACTS re 55 MOTION for Summary Judgment filed by Disability Rights Washington. (Attachments: # 1 Supporting Fact Documents, # 2 Supporting Fact Documents (cont.))(Carlson, David) (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

PACER
60

NOTICE of Hearing - Text entry;no PDF document. - By Court: Telephonic Status Conference set for 9/25/2009 10:00 AM in Spokane before Senior Judge Justin L. Quackenbush. Counsel shall call the court's conference line: 509-372-1234.(MB, Judicial Assistant) (Entered: 09/23/2009)

Sept. 23, 2009

Sept. 23, 2009

PACER
61

MOTION for Summary Judgment by all defendants. (Sanger, Matthew) (Entered: 09/24/2009)

Sept. 24, 2009

Sept. 24, 2009

PACER
62

DECLARATION of Matthew K. Sanger in support re 61 MOTION for Summary Judgment by all defendants. (Sanger, Matthew) (Entered: 09/24/2009)

Sept. 24, 2009

Sept. 24, 2009

PACER
63

Praecipe filed by all defendants: Re 61 MOTION for Summary Judgment Proposed Order. (Sanger, Matthew) (Entered: 09/24/2009)

Sept. 24, 2009

Sept. 24, 2009

PACER
64

RESPONSE to Motion re 61 MOTION for Summary Judgment filed by Disability Rights Washington. (Carlson, David) (Entered: 09/24/2009)

Sept. 24, 2009

Sept. 24, 2009

PACER
65

ORDER STRIKING HEARING DATE re 55 Plaintiff's MOTION for Summary Judgment and 61 Defendants' MOTION for Summary Judgment. Hearing of 10/8/09 is STRICKEN. Signed by Senior Judge Justin L. Quackenbush. (SAP, Case Administrator) (Entered: 09/25/2009)

Sept. 25, 2009

Sept. 25, 2009

PACER
66

Minute Entry for TELEPHONIC proceedings held before Senior Judge Justin L. Quackenbush: Status Conference held on 9/25/2009. (Reported/Recorded by: Ronelle Corbey) (MB, Judicial Assistant) (Entered: 09/25/2009)

Sept. 25, 2009

Sept. 25, 2009

PACER
67

ORDER GRANTING MOTIONS FOR SUMMARY JUDGMENT - denying as moot 2 Motion for Preliminary Injunction; granting 55 Motion for Summary Judgment; and granting 61 Motion for Summary Judgment. Signed by Senior Judge Justin L. Quackenbush. (CS, Case Administrator) (Entered: 10/06/2009)

Oct. 6, 2009

Oct. 6, 2009

RECAP

Case Details

State / Territory: Washington

Case Type(s):

Disability Rights

Key Dates

Filing Date: Jan. 29, 2009

Closing Date: Oct. 6, 2009

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

Penrith Farms, Non-profit or advocacy

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

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

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Records Disclosure

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing