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)

show all people

Documents in the Clearinghouse

Document
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 412

Docket

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

Last updated Feb. 25, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

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

Jan. 10, 2005

Jan. 10, 2005

PACER
2

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

Jan. 10, 2005

Jan. 10, 2005

PACER
3

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

Jan. 10, 2005

Jan. 10, 2005

PACER
4

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

Jan. 10, 2005

Jan. 10, 2005

PACER
5

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)

Jan. 10, 2005

Jan. 10, 2005

PACER
6

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)

Jan. 10, 2005

Jan. 10, 2005

PACER
7

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

Jan. 20, 2005

Jan. 20, 2005

PACER
8

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)

Jan. 20, 2005

Jan. 20, 2005

PACER
9

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)

Jan. 20, 2005

Jan. 20, 2005

PACER
10

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)

Jan. 20, 2005

Jan. 20, 2005

PACER
11

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)

Jan. 20, 2005

Jan. 20, 2005

PACER
12

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

Jan. 21, 2005

Jan. 21, 2005

PACER
13

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)

Jan. 21, 2005

Jan. 21, 2005

PACER
14

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)

Jan. 25, 2005

Jan. 25, 2005

PACER
15

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)

Jan. 28, 2005

Jan. 28, 2005

PACER
16

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

Feb. 11, 2005

Feb. 11, 2005

PACER
17

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)

Feb. 11, 2005

Feb. 11, 2005

PACER
18

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)

Feb. 11, 2005

Feb. 11, 2005

PACER
19

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)

Feb. 11, 2005

Feb. 11, 2005

PACER
20

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)

Feb. 17, 2005

Feb. 17, 2005

PACER
21

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

Feb. 25, 2005

Feb. 25, 2005

PACER
22

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)

March 8, 2005

March 8, 2005

PACER
23

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)

March 24, 2005

March 24, 2005

PACER
24

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)

April 12, 2005

April 12, 2005

PACER
25

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)

April 13, 2005

April 13, 2005

PACER
26

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)

April 22, 2005

April 22, 2005

PACER
27

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)

April 25, 2005

April 25, 2005

Clearinghouse
28

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)

April 28, 2005

April 28, 2005

PACER
29

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)

May 5, 2005

May 5, 2005

PACER
30

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

May 6, 2005

May 6, 2005

PACER
31

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)

May 10, 2005

May 10, 2005

PACER
32

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)

May 12, 2005

May 12, 2005

PACER
33

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)

May 12, 2005

May 12, 2005

PACER

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

May 27, 2005

May 27, 2005

PACER
34

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)

June 27, 2005

June 27, 2005

PACER
35

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)

July 14, 2005

July 14, 2005

PACER
36

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)

July 28, 2005

July 28, 2005

PACER
37

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)

July 29, 2005

July 29, 2005

PACER
38

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

Aug. 5, 2005

Aug. 5, 2005

PACER
39

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)

Aug. 12, 2005

Aug. 12, 2005

PACER
40

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)

Aug. 17, 2005

Aug. 17, 2005

PACER
41

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

Aug. 19, 2005

Aug. 19, 2005

PACER
42

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)

Aug. 23, 2005

Aug. 23, 2005

PACER
43

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)

Aug. 25, 2005

Aug. 25, 2005

PACER
44

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)

Aug. 30, 2005

Aug. 30, 2005

Clearinghouse
45

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

Oct. 13, 2005

Oct. 13, 2005

PACER
46

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)

Oct. 17, 2005

Oct. 17, 2005

PACER
47

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)

Oct. 24, 2005

Oct. 24, 2005

PACER
48

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

Dec. 13, 2005

Dec. 13, 2005

PACER
49

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)

Dec. 13, 2005

Dec. 13, 2005

PACER
50

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)

Jan. 6, 2006

Jan. 6, 2006

Clearinghouse

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

Jan. 26, 2006

Jan. 26, 2006

PACER

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 of Wyoming, State

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing