Case: P&A System v. Freudenthal

2:05-cv-00014 | U.S. District Court for the District of Wyoming

Filed Date: Jan. 10, 2005

Closed Date: Jan. 6, 2006

Clearinghouse coding complete

Case Summary

This is a case about a Protection and Advocacy (P&A) agency’s facilities and records access authority. On January 10, 2005, Protection and Advocacy System, Inc., Wyoming’s P&A, filed this lawsuit in the U.S. District Court for the District of Wyoming. The Wyoming P&A filed suit against David Freudenthal in his official capacity as Wyoming’s Governor. Represented by Gagley, Karpan, Rose & White, Wyoming P&A alleged that defendants violated the Protection and Advocacy for Individuals With Mental …

This is a case about a Protection and Advocacy (P&A) agency’s facilities and records access authority. On January 10, 2005, Protection and Advocacy System, Inc., Wyoming’s P&A, filed this lawsuit in the U.S. District Court for the District of Wyoming. The Wyoming P&A filed suit against David Freudenthal in his official capacity as Wyoming’s Governor. Represented by Gagley, Karpan, Rose & White, Wyoming P&A alleged that defendants violated the Protection and Advocacy for Individuals With Mental Illness (PAIMI) Act and the Developmental Disabilities Assistance and Bill of Rights (DD) Act when they limited the P&A’s facilities access and claimed that HIPAA and Medicaid requirements prevented defendants from disclosing records. Judge Alan B. Johnson presided over this matter.

Wyoming P&A initially filed this lawsuit through associational standing, alleging injuries on behalf of its members, and through organizational standing, alleging harm to the P&A itself because defendants denied them records access under the PAIMI Act. On April 25, 2005, the court granted Freudenthal’s Motion to Dismiss on the associational standing claims, but allowed the organizational standing claims on records access to proceed. In January 6 2006, the court found that the HIPAA Privacy Rule and Medicaid confidentiality provision did not bar defendants from providing the P&A records under the PAIMI and DD Acts. The court required that the parties reach an agreement on protocol for the P&A to access records. The settlement defined reasonable access to facilities for monitoring as 8:00 A.M.-5:00 P.M. from Monday-Friday. The settlement used the DD Act guidelines for records access under the PAIMI Act, which require the facility provide the P&A records or to explain why the facility cannot provide the records within 3 business days of the records request. The case closed following the January 6, 2006 settlement.

Summary Authors

NDRN (3/24/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12187535/parties/protection-advocacy-system-inc-v-wyoming-governor/


Judge(s)

Johnson, Alan Bond (Wyoming)

Attorney for Plaintiff

Buchhammer, Curtis B (Wyoming)

Karpan, Kathleen M (Wyoming)

Attorney for Defendant

Armitage, Terry L (Wyoming)

Crank, Patrick J (Wyoming)

Documents in the Clearinghouse

Documents in this case
27

2:05-cv-00014

Order Granting in Part and Denying in Part Defendants' Motion to Dismiss

April 25, 2005

April 25, 2005

Order/Opinion
44

2:05-cv-00014

First Amended Complaint

Aug. 30, 2005

Aug. 30, 2005

Complaint
50

2:05-cv-00014

Findings of Fact, Conclusions of Law and Order

Jan. 6, 2006

Jan. 6, 2006

Order/Opinion

412 F.Supp.2d 1211

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12187535/protection-advocacy-system-inc-v-wyoming-governor/

Last updated Aug. 28, 2026, 5:08 a.m.

Docket for: Protection & Advocacy System Inc v. Wyoming Governor
ECF Number Date Description Link
1 Jan. 10, 2005

COMPLAINT (summons(es) issued) (Filing fee $ 150.), filed by Protection & Advocacy System Inc.(sjlg, ) (Entered: 01/10/2005)

RECAP
2 Jan. 10, 2005

NOTICE of Attorney Appearance by Curtis B Buchhammer on behalf of Protection & Advocacy System Inc (sjlg, ) (Entered: 01/10/2005)

RECAP
3 Jan. 10, 2005

NOTICE of Complexity by Plaintiff Protection & Advocacy System Inc ; this case is complex. (sjlg, ) (Entered: 01/10/2005)

RECAP
4 Jan. 10, 2005

Praecipe for Summons filed by Plaintiff Protection & Advocacy System Inc. (sjlg, ) (Entered: 01/10/2005)

RECAP
5 Jan. 10, 2005

SUMMONS Returned Executed by Protection & Advocacy System Inc. Wyoming Department of Health Director served on 1/10/2005, answer due 1/31/2005. (sjlg, ) (Entered: 01/11/2005)

RECAP
6 Jan. 10, 2005

SUMMONS Returned Executed by Protection & Advocacy System Inc. Wyoming Governor served on 1/10/2005, answer due 1/31/2005. (sjlg, ) (Entered: 01/11/2005)

RECAP
7 Jan. 20, 2005

STIPULATION to Re-Assignment of Case. (sjlg, ) (Entered: 01/21/2005)

RECAP
8 Jan. 20, 2005

MOTION for Extension of Time to Respond by Defendants Wyoming Governor, Wyoming Department of Health Director, Wyoming State Hospital Administrator referred to the Honorable William C Beaman. (Proposed order submitted) (sjlg, ) (Entered: 01/21/2005)

RECAP
9 Jan. 20, 2005

NOTICE of Attorney Appearance by Melissa E Westby on behalf of Wyoming Governor, Wyoming Department of Health Director, Wyoming State Hospital Administrator (sjlg, ) (Entered: 01/21/2005)

RECAP
10 Jan. 20, 2005

NOTICE of Attorney Appearance by Terry L Armitage on behalf of Wyoming Governor, Wyoming Department of Health Director, Wyoming State Hospital Administrator (sjlg, ) (Entered: 01/21/2005)

RECAP
11 Jan. 20, 2005

NOTICE of Attorney Appearance by Patrick J Crank on behalf of Wyoming Governor, Wyoming Department of Health Director, Wyoming State Hospital Administrator (sjlg, ) (Entered: 01/21/2005)

RECAP
12 Jan. 21, 2005

OPPOSITION to 8 Motion for Extension of Time to Respond, filed by Plaintiff Protection & Advocacy System Inc. (sjlg, ) (Entered: 01/24/2005)

RECAP
13 Jan. 21, 2005

ORDER Granting Stipulated REASSIGNING of CASE. Case reassigned to Judge Alan B Johnson for all further proceedings. Judge Clarence A Brimmer no longer assigned to case by the Honorable Clarence A Brimmer.(cc: all counsel 1/21/05.)(sjlg, ) (Entered: 01/24/2005)

RECAP
14 Jan. 25, 2005

ORDER by the Honorable William C Beaman granting in part and denying in part 8 Motion for Extension of Time to Respond to Plaintiff's Complaint. It is ordered that the defendants request for a 60 days extension be denied. However, the defendants shall have a 15 day extension from the original answer date to file a response to plaintiff's complaint (cc: all counsel 1/25/05).(sjlg, ) (Entered: 01/25/2005)

RECAP
15 Jan. 28, 2005

SUMMONS Returned Executed by Protection & Advocacy System Inc. Wyoming State Hospital Administrator served on 1/13/2005, answer due 2/2/2005. (sjlg, ) (Entered: 01/28/2005)

RECAP
16 Feb. 11, 2005

MOTION to Dismiss by Defendants Wyoming Governor, Wyoming Department of Health Director, Wyoming State Hospital Administrator (sjlg, ) (Entered: 02/11/2005)

RECAP
17 Feb. 11, 2005

MEMORANDUM in Support of 16 Motion to Dismiss filed by Defendants Wyoming Governor, Wyoming Department of Health Director, Wyoming State Hospital Administrator. (sjlg, ) (Entered: 02/11/2005)

RECAP
18 Feb. 11, 2005

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW re 16 Motion to Dismiss filed by Defendants Wyoming Governor, Wyoming Department of Health Director, Wyoming State Hospital Administrator. (sjlg, ) (Entered: 02/11/2005)

RECAP
19 Feb. 11, 2005

NOTICE of Complexity by Defendants Wyoming Governor, Wyoming Department of Health Director, Wyoming State Hospital Administrator ; this case is complex. (sjlg, ) (Entered: 02/11/2005)

RECAP
20 Feb. 17, 2005

NOTICE of Initial Pretrial Conference: Initial Pretrial Conference set for 3/22/2005 09:00 AM in Cheyenne before Honorable William C Beaman. (cc: all counsel on 2/17/05.)(sjlg, ) (Entered: 02/17/2005)

RECAP
21 Feb. 25, 2005

OPPOSITION to 16 Motion to Dismiss, filed by Plaintiff Protection & Advocacy System Inc. (sjlg, ) (Entered: 02/25/2005)

RECAP
22 March 8, 2005

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW denying 16 Motion to Dismiss filed by Plaintiff Protection & Advocacy System Inc. (sjlg, ) (Entered: 03/08/2005)

RECAP
23 March 24, 2005

INITIAL PRETRIAL ORDER: Dispositive Motions Hearing set for 4/12/2005 08:30 AM in Cheyenne before Honorable Alan B Johnson. by the Honorable William C Beaman.(cc: all counsel 3/25/05.)(sjlg, ) (Entered: 03/25/2005)

RECAP
24 April 12, 2005

Minutes for proceedings held before Judge Alan B Johnson : Motion Hearing held on 4/12/2005; motion to dismiss granted in part and denied in part. (Court Reporter Hedelson.)(sjlg, ) Additional attachment(s) added on 5/5/2005 (smb, ). (Entered: 04/12/2005)

RECAP
25 April 13, 2005

MOTION for Order for Clarification of Court's Decision on Defendant's Motion to Dismiss by Plaintiff Protection & Advocacy System Inc (sjlg, ) (Motion striken per order #32) (Entered: 04/14/2005)

RECAP
26 April 22, 2005

MOTION to Strike 25 MOTION for Order for Clarification, or in the alternative, Response to the Motion filed by Defendants Wyoming Governor, Wyoming Department of Health Director, Wyoming State Hospital Administrator. Referred to Magistrate Judge. (sjlg, ) (Entered: 04/25/2005)

RECAP
27 April 25, 2005

ORDER by the Honorable Alan B Johnson granting in part and denying in part 16 Motion to Dismiss. It is ordered that the plaintiff's second, fourth and fifth claims for relief as enumerated in the complaint, insofar as they relate to the plaintiff's organizational standing, are dismissed. It if further ordered that the defendant's motion to dismiss as to the plaintiff's first and third claim for relief as enumerated in the complaint, insofar as they relate to plaintiff's individual standing is denied (cc: all counsel 4/25/05).(sjlg, ) (Entered: 04/25/2005)

RECAP
28 April 28, 2005

Second MOTION for Order for Clarification of Court's Order on Defendant's Motion to Dismiss filed by Plaintiff Protection & Advocacy System Inc. Referred to Magistrate Judge. (sjlg, ) (Entered: 04/29/2005)

RECAP
29 May 5, 2005

RESPONSE to 28 Second Motion for Order for Clarification of Court's Order on Defendant's Motion to Dismiss filed by Defendants Wyoming Governor, Wyoming Department of Health Director, Wyoming State Hospital Administrator. (sjlg, ) (Entered: 05/06/2005)

RECAP
30 May 6, 2005

ANSWER to Complaint with affirmative defenses, by Defendants Wyoming Governor, Wyoming Department of Health Director, Wyoming State Hospital Administrator.(sjlg, ) (Entered: 05/06/2005)

RECAP
31 May 10, 2005

ORDER on Plaintiff's First Motion for Clarification and Defendants' Motion to Strike by the Honorable Alan B Johnson. It is ordered that the Defendants' Motion to Strike is granted. (cc: all counsel 5/11/05).(sjlg, ) (Entered: 05/11/2005)

RECAP
32 May 12, 2005

NOTICE of Hearing: Second Scheduling Conference set for 6/21/2005 08:30 AM in Cheyenne before Honorable William C Beaman. (cc: all counsel on 5/12/05.)(sjlg, ) (Entered: 05/12/2005)

RECAP
33 May 12, 2005

ORDER by the Honorable Alan B Johnson finding as moot 28 Second Motion for Order for Clarification (cc: all counsel 5/12/05).(sjlg, ) (Entered: 05/12/2005)

RECAP
May 27, 2005

TRANSCRIPT of motion proceedings held on 4/12/05 before Judge Johnson. Court Reporter: Hedelson. (sjlg, )

34 June 27, 2005

ORDER on Second Scheduling Conference: Motions filing deadline 10/28/2005. Motion response deadline 11/14/2005. Dispositive motions to be decided on briefs without oral argument. Expert Witness Designation-Plaintiff deadline 9/9/2005. Expert Witness Designation-Defendant deadline 10/14/2005. Discovery due by 10/28/2005. Stipulation Deadline 11/4/2005. Final Pretrial Conference set for 1/17/2006 09:00 AM in Cheyenne before Honorable Alan B Johnson. Bench Trial set for 2/6/2006 09:30 AM in Cheyenne before Honorable Alan B Johnson (#2/4 days). by the Honorable William C Beaman.(cc: all counsel 6/28/05.)(sjlg, ) Modified on 6/28/2005 (sjlg, ). (Entered: 06/28/2005)

RECAP
35 July 14, 2005

MOTION to Amend/Correct 1 Complaint filed by Plaintiff Protection & Advocacy System Inc. Referred to Magistrate Judge. (Proposed order submitted) (sjlg, ) (Entered: 07/15/2005)

RECAP
36 July 28, 2005

OBJECTION to 35 Motion to Amend Complaint filed by Defendants Wyoming Governor, Wyoming Department of Health Director, Wyoming State Hospital Administrator. (he, ) (Entered: 07/29/2005)

RECAP
37 July 29, 2005

ORDER/REQUEST FOR WRITTEN REPLY by the Honorable William C Beaman. It is requested that plaintiff file a written reply to defendants' Objection to Plaintiff's Motion to Amend Complaint by 8/5/05 (cc: all counsel 8/1/05.)(sjlg, ) (Entered: 08/01/2005)

RECAP
38 Aug. 5, 2005

REPLY to 36 Objection to Motion to Amend Complaint filed by Plaintiff Protection & Advocacy System Inc. (sjlg, ) (Entered: 08/08/2005)

RECAP
39 Aug. 12, 2005

ORDER by the Honorable William C Beaman granting 35 Plaintiff's MOTION to Amend 1 Complaint (cc: all counsel 8/12/05).(sdl, ) (Entered: 08/12/2005)

RECAP
40 Aug. 17, 2005

MOTION for and Notice to Withdraw as Attorney Curtis B Buchhammer filed by Plaintiff Protection & Advocacy System Inc. Referred to Magistrate Judge. (Proposed order submitted) (js, ) (Entered: 08/18/2005)

RECAP
41 Aug. 19, 2005

NOTICE of Attorney Appearance by Kathleen M Karpan on behalf of Protection & Advocacy System Inc (sjlg, ) (Entered: 08/22/2005)

RECAP
42 Aug. 23, 2005

ORDER by the Honorable William C Beaman granting 40 Motion to Withdraw as Attorney. Attorney Curtis B Buchhammer terminated (cc: all counsel 8/23/05).(sjlg, ) (Entered: 08/23/2005)

RECAP
43 Aug. 25, 2005

ANSWER to First Amended Complaint with affirmative defenses, by Defendants Wyoming Governor, Wyoming Department of Health Director, Wyoming State Hospital Administrator.(js, ) (Entered: 08/26/2005)

RECAP
44 Aug. 30, 2005

AMENDED COMPLAINT against Defendant Wyoming State Training School Superintendent, Wyoming Governor, Wyoming Department of Health Director, Wyoming State Hospital Administrator filed by Protection & Advocacy System Inc.(sjlg, ) (Entered: 08/30/2005)

RECAP
45 Oct. 13, 2005

Joint MOTION to Extend Deadlines for Discovery and Dispositive Motions Referred to Magistrate Judge. (Proposed order submitted) (sjlg, ) (Entered: 10/13/2005)

RECAP
46 Oct. 17, 2005

ORDER by the Honorable Alan B Johnson granting 45 Motion for Extension of Time for Discovery and Dispositive Motions. Motions filing deadline 12/15/2005. Motion response deadline 12/29/2005. Discovery due by 12/15/2005. (cc: all counsel 10/18/05).(sjlg, ) (Entered: 10/18/2005)

RECAP
47 Oct. 24, 2005

NOTICE of Hearing: Status Hearing set for 10/27/2005 08:30 AM before Honorable Alan B Johnson. (cc: all counsel on 10/25/05.)(sjlg, ) (Entered: 10/25/2005)

RECAP
48 Dec. 13, 2005

Joint MOTION for Extension of Time for Deadlines for Discovery and Dispositive Motions Referred to Magistrate Judge. (sjlg, ) (Entered: 12/14/2005)

RECAP
49 Dec. 13, 2005

ORDER by the Honorable William C Beaman granting 48 Motion for Extension of Deadlines for Discovery and Dispositive Motions. Motions filing deadline 1/9/2006. Discovery due by 1/9/2006. (cc: all counsel 12/14/05).(sjlg, ) (Entered: 12/14/2005)

RECAP
50 Jan. 6, 2006

FINDINGS OF FACT AND CONCLUSIONS OF LAW by the Honorable Alan B Johnson. The case is dismissed with prejudice and each party shall bear its own costs and fees.(cc: all counsel 1/6/06.)(sjlg, ) (Entered: 01/06/2006)

RECAP
Jan. 26, 2006

PUBLISHED Order 50 Findings of Fact & Conclusions of Law (sjlg, )

Case Details

State / Territory:

Wyoming

Case Type(s):

Disability Rights

Key Dates

Filing Date: Jan. 10, 2005

Closing Date: Jan. 6, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

protection and advocacy system

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

State

State of Wyoming

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:

District of Wyoming 2:05-cv-00014

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing

Recommended Citation