Case: Washington Protection & Advocacy System v. Evergreen School District

3:03-cv-05062 | U.S. District Court for the Western District of Washington

Filed Date: Feb. 5, 2003

Closed Date: Sept. 25, 2003

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Case Summary

This is a case about whether a protection and advocacy agency (P&A) can use its access authority for parent/guardian directory records from a school district. On February 5, 2003, Washington Protection & Advocacy System filed this lawsuit in the U.S. District Court for the Western District of Washington against Evergreen School District. The P&A filed this lawsuit under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), and the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act). Represented by itself, the P&A alleged that the school district violated their rights under the DD Act by refusing to provide directory records of all parents and guardians of students in a special education program at a public school. Judge Franklin D. Burgess presided over this matter.

This matter began after the P&A learned that a child in Evergreen’s special education program was required to collect garbage as part of his education plan. It established probable cause that this individual had been subject to abuse and neglect, and sought parent/guardian directory information records of other students in the special education program. After the school district refused to provide this information the P&A filed a Motion for Preliminary Injunction mandating they provide the directory records. On April 11, 2003, the court denied the motion. The court reasoned that the P&A did not establish probable cause that the garbage pickup constituted abuse and neglect and this alleged harm only impacted one student. Moreover, the court explained that even if they had established probable cause, the Family Educational Rights and Privacy Act (FERPA) barred disclosure of this information. The P&A appeal the denial of the preliminary injunction, but on July 24, 2003, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s decision. In September 25, 2003, the parties agreed to dismiss the case without prejudice.

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Summary Authors

NDRN (3/23/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/29602615/parties/wa-protection-advo-v-evergreen-sch-dist/

Judge(s)

Burgess, Franklin D. (Washington)

Leavy, Charles Henry (Washington)

Attorney for Plaintiff

Girard, David B (Washington)

Herivel, Tara J (Washington)

Attorney for Defendant

Expert/Monitor/Master/Other

Hawkins, Mary Elizabeth

Judge(s)

Burgess, Franklin D. (Washington)

Leavy, Charles Henry (Washington)

Attorney for Plaintiff

Girard, David B (Washington)

Herivel, Tara J (Washington)

Attorney for Defendant

Miller, Tracy M (Washington)

Ransom, Lawrence B. (Washington)

Expert/Monitor/Master/Other

Hawkins, Mary Elizabeth

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2 3:03-cv-05062	Plaintiff's Motion for Preliminary Injunction and Supporting Memorandum Washington P&A v. Evergreen	Feb. 5, 2003	Feb. 5, 2003 Pleading / Motion / Brief
1 3:03-cv-05062	Complaint for Injunctive and Declaratory Relief Washington P&A v. Evergreen	Feb. 5, 2003	Feb. 5, 2003 Complaint
25 3:03-cv-05062	Order Denying Plaintiff's Motion for Preliminary Injunction Washington P&A v. Evergreen	April 11, 2003	April 11, 2003 Order/Opinion
03-35368	USCA Opinion Washington Protection v. Evergreen School District U.S. Court of Appeals for the Ninth Circuit	July 24, 2003	July 24, 2003 Order/Opinion 71 Fed.Appx. 654
29 03-35368	Judgment Washington P&A v. Evergreen U.S. Court of Appeals for the Ninth Circuit	Aug. 22, 2003	Aug. 22, 2003 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/29602615/wa-protection-advo-v-evergreen-sch-dist/

Last updated Aug. 6, 2025, 11:37 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF (Summons(es) issued) Receipt # 406740 (KM) Additional attachment(s) added on 12/8/2003 (ECS, ). (Entered: 02/06/2003) 2 Civil Cover Sheet View on PACER	Feb. 5, 2003	Feb. 5, 2003 RECAP
2	MOTION by plaintiff for preliminary injunction NOTED FOR 2/28/03 and Supporting Memorandum (KM) Additional attachment(s) added on 12/8/2003 (ECS, ). (Entered: 02/06/2003) 2 Proposed Preliminary Injunction View on PACER	Feb. 5, 2003	Feb. 5, 2003 RECAP
3	DECLARATION of Mark Stroh re motion for preliminary injunction [2-1] (KM) (Entered: 02/06/2003)	Feb. 5, 2003	Feb. 5, 2003 PACER
4	DECLARATION of John Finders re motion for preliminary injunction [2-1] (KM) (Entered: 02/06/2003)	Feb. 5, 2003	Feb. 5, 2003 PACER
5	DECLARATION of Tara Herivel re motion for preliminary injunction [2-1] (KM) (Entered: 02/06/2003)	Feb. 5, 2003	Feb. 5, 2003 PACER
6	DECLARATION of David B. Girard re motion for preliminary injunction [2-1] (KM) (Entered: 02/06/2003)	Feb. 5, 2003	Feb. 5, 2003 PACER
	PROPOSED Preliminary Injunction re: motion for preliminary injunction [2-1] (KM)	Feb. 5, 2003	Feb. 5, 2003 PACER
7	DECLARATION of Elizabeth M. Walton re: document lodged [0-0], re: declaration [6-1], re: declaration [5-1], re: declaration [4-1], re: declaration [3-1], re motion for preliminary injunction [2-1], re: complaint [1-1] to Seattle Legal for process service (KM) (Entered: 02/06/2003)	Feb. 5, 2003	Feb. 5, 2003 PACER
8	ACCEPTANCE OF SERVICE of summons and complaint by Lawrence B. Ransom as cnsl for Dfts' on 2/5/03 (CAR) (Entered: 02/07/2003)	Feb. 6, 2003	Feb. 6, 2003 PACER
11	ATTORNEY APPEARANCE for dfts by Lawrence B. Ransom (CAR) (Entered: 02/10/2003)	Feb. 6, 2003	Feb. 6, 2003 PACER
9	ORDER RE: INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. Joint Status Report due 6/5/03 (cc: counsel, Judge) (EC) (Entered: 02/10/2003)	Feb. 7, 2003	Feb. 7, 2003 PACER
10	ORDER re: DISCOVERY and DEPOSITIONS by Judge Franklin D. Burgess (cc: counsel, Judge) (EC) (Entered: 02/10/2003)	Feb. 7, 2003	Feb. 7, 2003 PACER
12	MOTION by defendant to continue P's motion for prelim inj NOTED FOR 2/25/03 (EC) Additional attachment(s) added on 12/4/2003 (ECS, ). (Entered: 02/25/2003)	Feb. 25, 2003	Feb. 25, 2003 PACER
	PROPOSED Stip/Order to COntinue P's motion for prelim inj (EC)	Feb. 26, 2003	Feb. 26, 2003 PACER
13	STIPULATION and ORDER by Judge Franklin D. Burgess that P' mtn for prelim inj is cont'd from 2/28/03 to 3/7/03. All briefing ddls are adjusted accordingly. [2-1] (cc: counsel, Judge) (CAR) (Entered: 03/03/2003)	Feb. 28, 2003	Feb. 28, 2003 PACER
14	ANSWER to complaint [1-1] by defendant (EC) (Entered: 03/07/2003)	March 3, 2003	March 3, 2003 PACER
15	RESPONSE by defendant to P's motion for preliminary injunction [2-1] (EC) (Entered: 03/07/2003)	March 3, 2003	March 3, 2003 PACER
16	DECLARATION of Lawrence B. Ransom by defendant re P's motion for preliminary injunction [2-1] (EC) Additional attachment(s) added on 12/4/2003 (ECS, ). (Entered: 03/07/2003)	March 3, 2003	March 3, 2003 PACER
17	DECLARATION of Rick Farr by defendant re P's motion for preliminary injunction [2-1] (EC) (Entered: 03/07/2003)	March 3, 2003	March 3, 2003 PACER
18	REPLY by plaintiff TO RESPONSE to P's motion for preliminary injunction [2-1] (EC) (Entered: 03/07/2003)	March 6, 2003	March 6, 2003 PACER
19	DECLARATION of David C. Upjohn by plaintiff re P's motion for preliminary injunction [2-1] (EC) (Entered: 03/07/2003)	March 6, 2003	March 6, 2003 PACER
20	SECOND DECLARATION of John Finders by plaintiff re P's motion for preliminary injunction [2-1] (EC) Additional attachment(s) added on 12/4/2003 (ECS, ). (Entered: 03/07/2003)	March 6, 2003	March 6, 2003 PACER
21	DECLARATION of Tara Herivel by plaintiff re P's motion for preliminary injunction [2-1] (EC) (Entered: 03/07/2003)	March 6, 2003	March 6, 2003 PACER
22	AFFIDAVIT OF SERVICE by plaintiff of declaration [21-1], of declaration [20-1], of declaration [19-1], of motion reply [18-1] (EC) (Entered: 03/07/2003)	March 6, 2003	March 6, 2003 PACER
23	AFFIDAVIT OF SERVICE by plaintiff of declaration [21-1], of declaration [20-1], of declaration [19-1], of motion reply [18-1] (EC) (Entered: 03/07/2003)	March 6, 2003	March 6, 2003 PACER
24	LETTER by P' cnsl re: motion for preliminary injunction [2-1] (CAR) (Entered: 04/14/2003)	April 11, 2003	April 11, 2003 PACER
25	ORDER by Judge Franklin D. Burgess DENYING motion for preliminary injunction [2-1] (cc: counsel, Judge) (CAR) (Entered: 04/14/2003)	April 11, 2003	April 11, 2003 RECAP
26	NOTICE OF APPEAL (CCA #03-35368) by plaintiff from Dist. Court decision [25-1] DENYING motion for prelim inj. (cc: CCA, Judge, counsel) (CAR) Modified on 05/09/2003 Additional attachment(s) added on 12/8/2003 (ECS, ). (Entered: 04/28/2003)	April 23, 2003	April 23, 2003 PACER
	APPEAL FEE RECEIVED in amount of $105.00 (Receipt #508453) (CAR)	April 23, 2003	April 23, 2003 PACER
	Civil Appeals Docketing Statement, by plaintiff WA Protection & Advo, forwarded to CCA. [26-1] (CAR)	April 23, 2003	April 23, 2003 PACER
	CERTIFICATE OF RECORD Transmitted to USCA (cc: all counsel) (CAR)	April 25, 2003	April 25, 2003 PACER
	APPEAL NOTIFICATION packet sent to CCA (cc: cnsl) (CAR)	April 25, 2003	April 25, 2003 PACER
27	TRANSCRIPT DESIGNATION and Ordering Form for dates: none ordered [26-1] (CAR) (Entered: 05/02/2003)	May 1, 2003	May 1, 2003 PACER
	PROPOSED Stip Mtn/Order to Stay Proceeding Pending Preliminary Injunction Appeal (CAR)	May 5, 2003	May 5, 2003 PACER
	NOTIFICATION by Circuit Court of Appellate Docket Number 03-35368 (CAR)	May 6, 2003	May 6, 2003 PACER
28	STIPULATION and ORDER by Judge Franklin D. Burgess staying proceedings pending preliminary injunction appeal. SEE ORDER FOR DETAILS (cc: counsel, Judge) (CAR) (Entered: 05/10/2003)	May 8, 2003	May 8, 2003 PACER
29	JUDGMENT from USCA (re 26 Notice of Appeal #03-35368 filed by Washington Protection and Advocacy System Inc) AFFIRMING the judgment of US District Ct; costs taxed ag WA Protection, et al, in the amt of $288.56 (MW, ) (Entered: 08/22/2003)	Aug. 22, 2003	Aug. 22, 2003 RECAP
30	Stipulated MOTION to Dismiss Pltf's Action Without Prejudice Noting Date 9/19/2003. (DK, ) (Entered: 09/25/2003)	Sept. 19, 2003	Sept. 19, 2003 PACER
31	DECLARATION of Service by Elizabeth Walton re 30 Stipulated MOTION. (DK, ) (Entered: 09/25/2003)	Sept. 19, 2003	Sept. 19, 2003 PACER
32	STIPULATION AND ORDER 30 that the above entitled action is hereby dismissed without prejudice. by Judge Franklin D. Burgess. (CAR, ) (Entered: 09/29/2003)	Sept. 25, 2003	Sept. 25, 2003 RECAP