Filed Date: Jan. 5, 2012
Closed Date: May 30, 2012
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This is a case about a Protection and Advocacy (P&A) agency’s records access authority. On January 5, 2012, Disability Rights Washington, Washington’s P&A, filed this lawsuit in the U.S. District Court for the Western District of Washington against Linda Rolfe in her official capacity as Washington’s Director of Division of Developmental Disabilities (DDD). Represented by itself, Disability Rights Washington alleged that defendants violated the Developmental Disabilities Assistance and Bill of Rights Act (DD Act) when they refused to provide the names and contact information of individuals who once received DDD services but had their services terminated. Judge Ronald B. Leighton presided over this matter.
This lawsuit began after Disability Rights Washington requested directory information concerning individuals who previously received DDD services but now fell into an “other conditions” diagnosis category. Disability Rights Washington alleged that these individuals were subject to abuse and neglect because they no longer received necessary services. Plaintiffs sought injunctive relief with contact information for these individuals or their legal guardians. On April 23, 2012, the court denied Disability Rights Washington’s Motion for Preliminary Injunction because an access authority agreement they had with defendants did not cover these individuals. Moreover, even though the DD Act defined eligible individuals with disabilities more expansively than the access agreement, Disability Rights Washington did not establish probable cause that any individuals were subjected to abuse or neglect. The court acknowledged that the P&A were the ‘final arbiters of probable cause’ but held that probable cause determinations were subject to judicial review. 2012 WL 1409628. On May 30, 2012, this case was dismissed with prejudice.
Summary Authors
NDRN (7/7/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5107420/parties/disability-rights-washington-v-rolfe/
Bailey, Regan (Washington)
Carlson, David R (Washington)
Dee, Edward Joseph (Washington)
See docket on RECAP: https://www.courtlistener.com/docket/5107420/disability-rights-washington-v-rolfe/
Last updated April 8, 2024, 3:09 a.m.
State / Territory: Washington
Case Type(s):
Key Dates
Filing Date: Jan. 5, 2012
Closing Date: May 30, 2012
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Washington's protection and advocacy organization
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
Washington Division of Developmental Disabilities, State
Defendant Type(s):
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: Defendant
Nature of Relief:
Source of Relief:
Issues
Disability and Disability Rights: