Case: Disability Rights Washington v. Rolfe

3:12-cv-05004 | U.S. District Court for the Western District of Washington

Filed Date: Jan. 5, 2012

Closed Date: May 30, 2012

Clearinghouse coding complete

Case Summary

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 …

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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5107420/parties/disability-rights-washington-v-rolfe/


Attorney for Plaintiff

Bailey, Regan (Washington)

Carlson, David R (Washington)

Attorney for Defendant

Dee, Edward Joseph (Washington)

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Documents in the Clearinghouse

Document
1

3:12-cv-05004

Complaint

Disabiltiy Rights Washington v. Rolfe

Jan. 5, 2012

Jan. 5, 2012

Complaint
2

3:12-cv-05004

Motion and Memorandum of Law in Support of Plaintiff's Motion for a Temporary Restraining Order/Preliminary Injunction

Jan. 5, 2012

Jan. 5, 2012

Pleading / Motion / Brief
18

3:12-cv-05004

Order Denying Plaintiff's Motion for a Preliminary Injunction [Dkt. #2]

April 23, 2012

April 23, 2012

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5107420/disability-rights-washington-v-rolfe/

Last updated Feb. 5, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant(s) All Defendants (Receipt # 0981-2672251), filed by Disability Rights Washington. (Attachments: # 1 Exhibit A-H, # 2 Civil Cover Sheet, # 3 Summons Linda Rolfe, # 4 Summons DDD)(Carlson, David) (Entered: 01/05/2012)

1 Exhibit A-H

View on RECAP

2 Civil Cover Sheet

View on RECAP

3 Summons Linda Rolfe

View on RECAP

4 Summons DDD

View on RECAP

Jan. 5, 2012

Jan. 5, 2012

Clearinghouse
2

MOTION for Temporary Restraining Order /Preliminary Injunction by Plaintiff Disability Rights Washington. Oral Argument Requested. (Attachments: # 1 Exhibit A-D, # 2 Proposed Order)(Carlson, David) (Entered: 01/05/2012)

1 Exhibit A-D

View on RECAP

2 Proposed Order

View on RECAP

Jan. 5, 2012

Jan. 5, 2012

Clearinghouse

REFERRING the 2 MOTION for Temporary Restraining Order /Preliminary Injunction filed by Disability Rights Washington to: JUDGE LEIGHTON (CMG)

Jan. 5, 2012

Jan. 5, 2012

PACER

Judge Robert J. Bryan added. (RE)

Jan. 6, 2012

Jan. 6, 2012

PACER
3

Summons electronically Issued as to defendant(s) Linda Rolfe, Washington Division of Developmental Disabilities. (Attachments: # 1 Summons-Division of Developmental Disabilities)(RE) (Entered: 01/06/2012)

Jan. 6, 2012

Jan. 6, 2012

PACER
4

ORDER REASSIGNING CASE at the direction of Judge Robert J. Bryan this case reassigned to Judge Ronald B. Leighton for all further proceedings. Judge Robert J. Bryan no longer assigned to case. (CMG) (Entered: 01/06/2012)

Jan. 6, 2012

Jan. 6, 2012

PACER
5

NOTICE of Appearance by attorney Edward Joseph Dee on behalf of Defendants Linda Rolfe, Washington Division of Developmental Disabilities. (Dee, Edward) (Entered: 01/10/2012)

Jan. 10, 2012

Jan. 10, 2012

PACER
6

NOTICE of Appearance by attorney Regan Bailey on behalf of Plaintiff Disability Rights Washington. (Bailey, Regan) (Entered: 01/11/2012)

Jan. 11, 2012

Jan. 11, 2012

PACER
7

AFFIDAVIT of Service of Summons and Complaint on Linda Rolfe on 1/9/2012, filed by Plaintiff Disability Rights Washington. (Carlson, David) (Entered: 01/11/2012)

Jan. 11, 2012

Jan. 11, 2012

PACER
8

AFFIDAVIT of Service of Summons and Complaint on Division of Developmental Disabilities on 1/9/2012, filed by Plaintiff Disability Rights Washington. (Carlson, David) (Entered: 01/11/2012)

Jan. 11, 2012

Jan. 11, 2012

PACER
9

ANSWER to 1 Complaint by Linda Rolfe, Washington Division of Developmental Disabilities.(Dee, Edward) (Entered: 01/26/2012)

Jan. 26, 2012

Jan. 26, 2012

PACER
10

MINUTE ORDER Noting 2 MOTION for Temporary Restraining Order /Preliminary Injunction filed by Disability Rights Washington for February 10, 2012. Defendant's Response is due by 2/6/2012. s/Jean Boring as directed by Judge Ronald B. Leighton. (JAB) (Entered: 01/30/2012)

Jan. 30, 2012

Jan. 30, 2012

PACER
11

RESPONSE, by Defendants Linda Rolfe, Washington Division of Developmental Disabilities, to 2 MOTION for Temporary Restraining Order /Preliminary Injunction. (Dee, Edward) (Entered: 02/06/2012)

Feb. 6, 2012

Feb. 6, 2012

PACER
12

DECLARATION of Linda Lunsford filed by Defendants Linda Rolfe, Washington Division of Developmental Disabilities re 2 MOTION for Temporary Restraining Order /Preliminary Injunction (Dee, Edward) (Entered: 02/06/2012)

Feb. 6, 2012

Feb. 6, 2012

PACER
13

DECLARATION of Diane Kilgore filed by Defendants Linda Rolfe, Washington Division of Developmental Disabilities re 2 MOTION for Temporary Restraining Order /Preliminary Injunction (Dee, Edward) (Entered: 02/06/2012)

Feb. 6, 2012

Feb. 6, 2012

PACER
14

REPLY, filed by Plaintiff Disability Rights Washington, TO RESPONSE to 2 MOTION for Temporary Restraining Order /Preliminary Injunction (Attachments: # 1 Exhibit A-D)(Carlson, David) (Entered: 02/10/2012)

Feb. 10, 2012

Feb. 10, 2012

PACER
15

DECLARATION of Emily Cooper Pura filed by Plaintiff Disability Rights Washington re 2 MOTION for Temporary Restraining Order /Preliminary Injunction (Carlson, David) (Entered: 02/10/2012)

Feb. 10, 2012

Feb. 10, 2012

PACER
16

REQUEST by Defendants Linda Rolfe, Washington Division of Developmental Disabilities for Oral Argument re 11 Response to Motion, 2 MOTION for Temporary Restraining Order /Preliminary Injunction. (Dee, Edward) (Entered: 03/14/2012)

March 14, 2012

March 14, 2012

PACER
17

JOINT STATUS REPORT signed by all parties estimated Trial Days: 1. Filed by Plaintiff Disability Rights Washington.(Carlson, David) (Entered: 03/29/2012)

March 29, 2012

March 29, 2012

PACER
18

ORDER denying 2 Plaintiff's Motion for Preliminary Injunction, signed by Judge Ronald B. Leighton.(DN) (Entered: 04/23/2012)

April 23, 2012

April 23, 2012

Clearinghouse
19

STIPULATION AND PROPOSED ORDER OF DISMISSAL WITHOUT PREJUDICE by parties. (Carlson, David) (Entered: 05/25/2012)

May 25, 2012

May 25, 2012

PACER
20

PRAECIPE re 19 Stipulation and Proposed Order of Dismissal with Prejudice by Plaintiff Disability Rights Washington. (Carlson, David) (Entered: 05/29/2012)

May 29, 2012

May 29, 2012

PACER
21

ORDER on STIPULATION re 20 DISMISSING this matter with prejudice, signed by Judge Ronald B. Leighton. (DN) (Main Document 21 replaced on 5/30/2012) (DN). (Entered: 05/30/2012)

May 30, 2012

May 30, 2012

PACER

Case Details

State / Territory: Washington

Case Type(s):

Disability Rights

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):

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing