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

Clearinghouse coding complete

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.

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)

Other

Hawkins, Mary Elizabeth

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 3:03-cv-05062	Complaint for Injunctive and Declaratory Relief Washington P&A v. Evergreen	Feb. 5, 2003	Feb. 5, 2003 Complaint
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
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

show / hide documents

Docket

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

Last updated Aug. 29, 2026, 4:57 a.m.

Docket for: WA Protection & Advo v. Evergreen Sch Dist

ECF Number	Date	Description	Link
1	Feb. 5, 2003	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	RECAP
2	Feb. 5, 2003	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	RECAP
3	Feb. 5, 2003	DECLARATION of Mark Stroh re motion for preliminary injunction [2-1] (KM) (Entered: 02/06/2003)	RECAP
4	Feb. 5, 2003	DECLARATION of John Finders re motion for preliminary injunction [2-1] (KM) (Entered: 02/06/2003)	RECAP
5	Feb. 5, 2003	DECLARATION of Tara Herivel re motion for preliminary injunction [2-1] (KM) (Entered: 02/06/2003)	RECAP
6	Feb. 5, 2003	DECLARATION of David B. Girard re motion for preliminary injunction [2-1] (KM) (Entered: 02/06/2003)	RECAP
7	Feb. 5, 2003	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)	RECAP
	Feb. 5, 2003	PROPOSED Preliminary Injunction re: motion for preliminary injunction [2-1] (KM)
8	Feb. 6, 2003	ACCEPTANCE OF SERVICE of summons and complaint by Lawrence B. Ransom as cnsl for Dfts' on 2/5/03 (CAR) (Entered: 02/07/2003)	RECAP
11	Feb. 6, 2003	ATTORNEY APPEARANCE for dfts by Lawrence B. Ransom (CAR) (Entered: 02/10/2003)	RECAP
9	Feb. 7, 2003	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)	RECAP
10	Feb. 7, 2003	ORDER re: DISCOVERY and DEPOSITIONS by Judge Franklin D. Burgess (cc: counsel, Judge) (EC) (Entered: 02/10/2003)	RECAP
12	Feb. 25, 2003	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)	RECAP
	Feb. 26, 2003	PROPOSED Stip/Order to COntinue P's motion for prelim inj (EC)
13	Feb. 28, 2003	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)	RECAP
14	March 3, 2003	ANSWER to complaint [1-1] by defendant (EC) (Entered: 03/07/2003)	RECAP
15	March 3, 2003	RESPONSE by defendant to P's motion for preliminary injunction [2-1] (EC) (Entered: 03/07/2003)	RECAP
16	March 3, 2003	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)	RECAP
17	March 3, 2003	DECLARATION of Rick Farr by defendant re P's motion for preliminary injunction [2-1] (EC) (Entered: 03/07/2003)	RECAP
18	March 6, 2003	REPLY by plaintiff TO RESPONSE to P's motion for preliminary injunction [2-1] (EC) (Entered: 03/07/2003)	RECAP
19	March 6, 2003	DECLARATION of David C. Upjohn by plaintiff re P's motion for preliminary injunction [2-1] (EC) (Entered: 03/07/2003)	RECAP
20	March 6, 2003	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)	RECAP
21	March 6, 2003	DECLARATION of Tara Herivel by plaintiff re P's motion for preliminary injunction [2-1] (EC) (Entered: 03/07/2003)	RECAP
22	March 6, 2003	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)	RECAP
23	March 6, 2003	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)	RECAP
24	April 11, 2003	LETTER by P' cnsl re: motion for preliminary injunction [2-1] (CAR) (Entered: 04/14/2003)	RECAP
25	April 11, 2003	ORDER by Judge Franklin D. Burgess DENYING motion for preliminary injunction [2-1] (cc: counsel, Judge) (CAR) (Entered: 04/14/2003)	RECAP
26	April 23, 2003	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)	RECAP
	April 23, 2003	APPEAL FEE RECEIVED in amount of $105.00 (Receipt #508453) (CAR)
	April 23, 2003	Civil Appeals Docketing Statement, by plaintiff WA Protection & Advo, forwarded to CCA. [26-1] (CAR)
	April 25, 2003	CERTIFICATE OF RECORD Transmitted to USCA (cc: all counsel) (CAR)
	April 25, 2003	APPEAL NOTIFICATION packet sent to CCA (cc: cnsl) (CAR)
27	May 1, 2003	TRANSCRIPT DESIGNATION and Ordering Form for dates: none ordered [26-1] (CAR) (Entered: 05/02/2003)	RECAP
	May 5, 2003	PROPOSED Stip Mtn/Order to Stay Proceeding Pending Preliminary Injunction Appeal (CAR)
	May 6, 2003	NOTIFICATION by Circuit Court of Appellate Docket Number 03-35368 (CAR)
28	May 8, 2003	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)	RECAP
29	Aug. 22, 2003	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)	RECAP
30	Sept. 19, 2003	Stipulated MOTION to Dismiss Pltf's Action Without Prejudice Noting Date 9/19/2003. (DK, ) (Entered: 09/25/2003)	RECAP
31	Sept. 19, 2003	DECLARATION of Service by Elizabeth Walton re 30 Stipulated MOTION. (DK, ) (Entered: 09/25/2003)	RECAP
32	Sept. 25, 2003	STIPULATION AND ORDER 30 that the above entitled action is hereby dismissed without prejudice. by Judge Franklin D. Burgess. (CAR, ) (Entered: 09/29/2003)	RECAP

show / hide docket entries

Case Details

State / Territory:

Washington

Case Type(s):

Disability Rights

Key Dates

Filing Date: Feb. 5, 2003

Closing Date: Sept. 25, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Protection and Advocacy system

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

School District

Evergreen School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

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

Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801

Other Dockets:

Western District of Washington 3:03-cv-05062

U.S. Court of Appeals for the Ninth Circuit 03-35368

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Content of Injunction:

Required disclosure

Issues

General/Misc.:

Records Disclosure

Disability and Disability Rights:

Disability, unspecified

P&A access authority

P&A Associational Standing

Recommended Citation

Case Summary of Washington Protection & Advocacy System v. Evergreen School District, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/18577/ (last updated 3/23/2023).