Case: B. v. Kinsley

1:22-cv-01046 | U.S. District Court for the Middle District of North Carolina

Filed Date: Dec. 6, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 6, 2022, Disability Rights North Carolina (DRNC), the NAACP, and Children's Rights filed suit on behalf of a class of North Carolina youth in foster care with mental and behavioral health. Plaintiffs filed suit in the U.S. District Court for the Middle District of North Carolina against the North Carolina Department of Health and Human Services (DHHS). The Plaintiffs asserted that Defendants actions violated the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilita…

On December 6, 2022, Disability Rights North Carolina (DRNC), the NAACP, and Children's Rights filed suit on behalf of a class of North Carolina youth in foster care with mental and behavioral health. Plaintiffs filed suit in the U.S. District Court for the Middle District of North Carolina against the North Carolina Department of Health and Human Services (DHHS).

The Plaintiffs asserted that Defendants actions violated the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. In particular, the Plaintiffs alleged that DHHS was discriminating against children with disabilities placed in child welfare custody by unnecessarily segregating them from their home communities and routinely isolating them in heavily restrictive, and often clinically inappropriate, institutional placements known as psychiatric residential treatment facilities (PRTFs). The Plaintiffs requested class-wide relief and asked the Court to certify the putative class and award permanent injunctive relief.  

The Plaintiffs sought class certification for those meeting the following criteria: (a) children who are or will be in North Carolina foster care, who are or will be in the custody of a North Carolina county department of social services; (b) with a mental impairment that substantially limits at least one major life activity, or a record of such an impairment; (c) who are unnecessarily institutionalized in a PRTF or who are at serious risk of such institutionalization.

On March 6, 2023, Plaintiffs filed an amended complaint, removing one of the named plaintiffs. The case has been assigned to Judge William L. Osteen, Jr. and Magistrate Judge L. Patrick Auld. It is ongoing. 

Summary Authors

Nina Leeds (3/5/2023)

Documents in the Clearinghouse

Document
1

1:22-cv-01046

Class Action Complaint for Declaratory and Injunctive Relief

Dec. 6, 2022

Dec. 6, 2022

Complaint
35

1:22-cv-01046

Amended Class Complaint for Declaratory and Injunctive Relief

March 6, 2023

March 6, 2023

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66615478/b-v-kinsley/

Last updated July 16, 2023, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against KODY KINSLEY ( Filing fee $ 402 receipt number ANCMDC-3442547.), filed by All Plaintiffs.(LANNING, JOSHUA) Modified on 12/7/2022 to correct party names and include full title of document. (Carter, Alexus). (Entered: 12/06/2022)

Dec. 6, 2022

Dec. 6, 2022

Clearinghouse
2

MOTION to Proceed under Fictitious Name by Isabella A., TIMOTHY B., Steph C., Disability Rights North Carolina, North Carolina State Conference of NAACP, Flora P.. Response to Motion due by 12/27/2022 (Attachments: # 1 Text of Proposed Order Proposed Order)(LANNING, JOSHUA) (Entered: 12/06/2022)

Dec. 6, 2022

Dec. 6, 2022

PACER
3

MEMORANDUM filed by Plaintiffs Isabella A., TIMOTHY B., Steph C., Disability Rights North Carolina, North Carolina State Conference of NAACP, Flora P. re 2 MOTION to Proceed under Fictitious Name filed by Isabella A., TIMOTHY B., Steph C., Disability Rights North Carolina, North Carolina State Conference of NAACP, Flora P.. (LANNING, JOSHUA) (Entered: 12/06/2022)

Dec. 6, 2022

Dec. 6, 2022

PACER
4

MOTION to Appoint ad Litem by Isabella A., TIMOTHY B., Steph C., Disability Rights North Carolina, North Carolina State Conference of NAACP, Flora P.. (Attachments: # 1 Exhibit Declaration of Jeffrey C. Holden, PH.D., # 2 Exhibit Declaration of Robert Ward, J.D., # 3 Text of Proposed Order Proposed Order)(LANNING, JOSHUA) (Entered: 12/06/2022)

Dec. 6, 2022

Dec. 6, 2022

PACER
5

NOTICE of Attorney Appearance by attorney KAITLIN M. PRICE on behalf of Plaintiffs Isabella A., TIMOTHY B., Steph C., Disability Rights North Carolina, North Carolina State Conference of NAACP, Flora P. (PRICE, KAITLIN) (Entered: 12/06/2022)

Dec. 6, 2022

Dec. 6, 2022

PACER
6

NOTICE of Attorney Appearance by attorney LINDSEY FRYE on behalf of Plaintiffs Isabella A., TIMOTHY B., Steph C., Disability Rights North Carolina, North Carolina State Conference of NAACP, Flora P. (FRYE, LINDSEY) (Entered: 12/06/2022)

Dec. 6, 2022

Dec. 6, 2022

PACER
7

NOTICE of Special Appearance by attorney IRA LUSTBADER on behalf of Plaintiffs Isabella A., TIMOTHY B., Steph C., Disability Rights North Carolina, North Carolina State Conference of NAACP, Flora P. ( Filing fee $ 25 receipt number ANCMDC-3442763.) (LUSTBADER, IRA) (Entered: 12/06/2022)

Dec. 6, 2022

Dec. 6, 2022

PACER
8

NOTICE of Special Appearance by attorney MARISSA CHRISTINA NARDI on behalf of Plaintiffs Isabella A., TIMOTHY B., Steph C., Disability Rights North Carolina, North Carolina State Conference of NAACP, Flora P. ( Filing fee $ 25 receipt number ANCMDC-3442766.) (NARDI, MARISSA) (Entered: 12/06/2022)

Dec. 6, 2022

Dec. 6, 2022

PACER
9

NOTICE of Attorney Appearance by attorney HOLLY A. STILES on behalf of Plaintiffs Isabella A., TIMOTHY B., Steph C., Disability Rights North Carolina, North Carolina State Conference of NAACP, Flora P. (STILES, HOLLY) (Entered: 12/06/2022)

Dec. 6, 2022

Dec. 6, 2022

PACER
10

Corporate Disclosure Statement. (STILES, HOLLY) (Entered: 12/06/2022)

Dec. 6, 2022

Dec. 6, 2022

PACER
11

NOTICE of Special Appearance by attorney CAROLYN HITE on behalf of Plaintiffs Isabella A., TIMOTHY B., Steph C., Disability Rights North Carolina, North Carolina State Conference of NAACP, Flora P. ( Filing fee $ 25 receipt number ANCMDC-3442774.) (HITE, CAROLYN) (Entered: 12/06/2022)

Dec. 6, 2022

Dec. 6, 2022

PACER
12

NOTICE of Special Appearance by attorney STEPHEN A DIXON on behalf of Plaintiffs Isabella A., TIMOTHY B., Steph C., Disability Rights North Carolina, North Carolina State Conference of NAACP, Flora P. ( Filing fee $ 25 receipt number ANCMDC-3442775.) (DIXON, STEPHEN) (Entered: 12/06/2022)

Dec. 6, 2022

Dec. 6, 2022

PACER
13

Corporate Disclosure Statement identifying Corporate Parent NAACP for NORTH CAROLINA STATE CONFERENCE OF NAACP.. (PRICE, KAITLIN) (Entered: 12/07/2022)

Dec. 7, 2022

Dec. 7, 2022

PACER
14

NOTICE of Attorney Appearance by attorney IRVING L. JOYNER on behalf of Plaintiffs ISABELLA A., TIMOTHY B., STEPH C., DISABILITY RIGHTS NORTH CAROLINA, NORTH CAROLINA STATE CONFERENCE OF NAACP, FLORA P. (JOYNER, IRVING) (Entered: 12/08/2022)

Dec. 8, 2022

Dec. 8, 2022

PACER
15

WAIVER OF SERVICE of SUMMONS by NORTH CAROLINA STATE CONFERENCE OF NAACP, STEPH C., TIMOTHY B., ISABELLA A., FLORA P., DISABILITY RIGHTS NORTH CAROLINA. KODY KINSLEY waiver sent on 12/7/2022, answer due 2/5/2023. (PRICE, KAITLIN) (Entered: 12/08/2022)

Dec. 8, 2022

Dec. 8, 2022

PACER
16

NOTICE of Special Appearance by attorney BIANCA HERLITZ-FERGUSON on behalf of Plaintiffs ISABELLA A., TIMOTHY B., STEPH C., DISABILITY RIGHTS NORTH CAROLINA, NORTH CAROLINA STATE CONFERENCE OF NAACP, FLORA P. ( Filing fee $ 25 receipt number ANCMDC-3444489.) (HERLITZ-FERGUSON, BIANCA) (Entered: 12/08/2022)

Dec. 8, 2022

Dec. 8, 2022

PACER
17

Summons Issued as to KODY KINSLEY. (Carter, Alexus) (Entered: 12/09/2022)

Dec. 9, 2022

Dec. 9, 2022

PACER
18

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 Consent Form) (Carter, Alexus) (Entered: 12/09/2022)

Dec. 9, 2022

Dec. 9, 2022

PACER

Case Assigned

Dec. 9, 2022

Dec. 9, 2022

PACER

Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE L. PATRICK AULD. (Carter, Alexus)

Dec. 9, 2022

Dec. 9, 2022

PACER

Motions Submitted

Dec. 14, 2022

Dec. 14, 2022

PACER

Motions Submitted to JUDGE WILLIAM L. OSTEEN, JR., re : 2 MOTION to Proceed under Fictitious Name and 4 MOTION to Appoint ad Litem. (Daniel, J)

Dec. 14, 2022

Dec. 14, 2022

PACER
19

NOTICE of Attorney Appearance by attorney KATHERINE M. MCCRAW on behalf of Defendant KODY KINSLEY (MCCRAW, KATHERINE) (Entered: 12/26/2022)

Dec. 26, 2022

Dec. 26, 2022

PACER
20

(Filed in Error) MOTION for Extension of Time to File Response/Reply as to 3 Memorandum, 2 MOTION to Proceed under Fictitious Name, 4 MOTION to Appoint ad Litem by KODY KINSLEY. (MCCRAW, KATHERINE) Modified on 12/27/2022 to reflect filed in error - see 21 . (Daniel, J) (Entered: 12/26/2022)

Dec. 26, 2022

Dec. 26, 2022

PACER
21

MOTION for Extension of Time to File Response/Reply as to 3 Memorandum, 2 MOTION to Proceed under Fictitious Name, 4 MOTION to Appoint ad Litem by KODY KINSLEY. (Attachments: # 1 Text of Proposed Order Proposed Order)(MCCRAW, KATHERINE) (Entered: 12/26/2022)

Dec. 26, 2022

Dec. 26, 2022

PACER

Motions No Longer Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: 2 MOTION to Proceed under Fictitious Name and 4 MOTION to Appoint ad Litem. (Daniel, J)

Dec. 27, 2022

Dec. 27, 2022

PACER

Motions Submitted

Dec. 27, 2022

Dec. 27, 2022

PACER

Motions Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: 21 MOTION for Extension of Time to File Response/Reply as to 3 Memorandum, 2 MOTION to Proceed under Fictitious Name and 4 MOTION to Appoint ad Litem . (Daniel, J)

Dec. 27, 2022

Dec. 27, 2022

PACER

Motions No Longer Submitted

Dec. 27, 2022

Dec. 27, 2022

PACER
22

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 12/28/2022, that Defendant's Assented-To Motion for Extension of Time to Respond to Plaintiffs' Motions for Appointment of Guardians Ad Litem and to Proceed Under Pseudonyms. (Doc. 21 ), is GRANTED and Defendant shall have up to and including January 27, 2023 to respond to Plaintiffs' Motion for Leave to Proceed Using Pseudonyms and Motion for Appointment of Guardians Ad Litem, (Docs. 2, 4 ). (Taylor, Abby) (Entered: 12/28/2022)

Dec. 28, 2022

Dec. 28, 2022

PACER
23

NOTICE of Special Appearance by attorney CAROLINE BROWN on behalf of Defendant KODY KINSLEY ( Filing fee $ 25 receipt number ANCMDC-3463127.) (BROWN, CAROLINE) (Entered: 01/06/2023)

Jan. 6, 2023

Jan. 6, 2023

PACER
24

NOTICE of Special Appearance by attorney PHILIP PEISCH on behalf of Defendant KODY KINSLEY ( Filing fee $ 25 receipt number ANCMDC-3463149.) (PEISCH, PHILIP) (Entered: 01/06/2023)

Jan. 6, 2023

Jan. 6, 2023

PACER
25

NOTICE of Special Appearance by attorney JULIA SIEGENBERG on behalf of Defendant KODY KINSLEY ( Filing fee $ 25 receipt number ANCMDC-3463175.) (SIEGENBERG, JULIA) (Entered: 01/06/2023)

Jan. 6, 2023

Jan. 6, 2023

PACER
26

NOTICE of Special Appearance by attorney LARA ROSENBERG on behalf of Defendant KODY KINSLEY ( Filing fee $ 25 receipt number CNCMDC-3463180.) (ROSENBERG, LARA) (Entered: 01/06/2023)

Jan. 6, 2023

Jan. 6, 2023

PACER
27

MOTION for Extension of Time to File Answer re 1 Complaint, or Other Responsive Pleadings by KODY H. KINSLEY. (Attachments: # 1 Text of Proposed Order)(SIEGENBERG, JULIA) (Entered: 01/25/2023)

Jan. 25, 2023

Jan. 25, 2023

PACER

ORDER granting 27 Motion for Extension of Time to Answer for KODY H. KINSLEY. Answer due by 3/8/2023. Signed by John Brubaker, Clerk of Court, on 1/25/2023. (Brubaker, John)

Jan. 25, 2023

Jan. 25, 2023

PACER

Order on Motion for Extension of Time to Answer

Jan. 25, 2023

Jan. 25, 2023

PACER
28

RESPONSE filed by Defendant KODY H. KINSLEY re 2 MOTION to Proceed under Fictitious Name filed by NORTH CAROLINA STATE CONFERENCE OF NAACP, DISABILITY RIGHTS NORTH CAROLINA, FLORA P., STEPH C., ISABELLA A., TIMOTHY B. filed by KODY H. KINSLEY. Replies due by 2/10/2023 (SIEGENBERG, JULIA) (Entered: 01/27/2023)

Jan. 27, 2023

Jan. 27, 2023

PACER
29

MOTION for Extension of Time to File Response/Reply as to 4 MOTION to Appoint ad Litem by KODY H. KINSLEY. (Attachments: # 1 Text of Proposed Order)(SIEGENBERG, JULIA) (Entered: 01/27/2023)

Jan. 27, 2023

Jan. 27, 2023

PACER

Motion Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: 29 MOTION for Extension of Time to File Response/Reply as to 4 MOTION to Appoint ad Litem. (Daniel, J)

Jan. 31, 2023

Jan. 31, 2023

PACER

Motions Submitted

Jan. 31, 2023

Jan. 31, 2023

PACER
30

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 02/06/2023, granting 29 Motion for Extension of Time to File Response/Reply. Defendant shall have until February 27, 2023 within which to respond to Plaintiffs' Motion for Appointment of Guardians Ad Litem, (Docs. 4 ). (Taylor, Abby) (Entered: 02/06/2023)

Feb. 6, 2023

Feb. 6, 2023

PACER
31

RESPONSE in Opposition re 4 MOTION to Appoint ad Litem filed by NORTH CAROLINA STATE CONFERENCE OF NAACP, DISABILITY RIGHTS NORTH CAROLINA, FLORA P., STEPH C., ISABELLA A., TIMOTHY B. as to Named Plaintiffs Timothy B., Steph C., and Flora P. filed by KODY H. KINSLEY. Replies due by 3/10/2023 (SIEGENBERG, JULIA) (Entered: 02/24/2023)

Feb. 24, 2023

Feb. 24, 2023

PACER
32

MOTION for Extension of Time to Move for Class Certification Pursuant to Local Rule 23.1 by ISABELLA A., TIMOTHY B., STEPH C., DISABILITY RIGHTS NORTH CAROLINA, NORTH CAROLINA STATE CONFERENCE OF NAACP, FLORA P.. (Attachments: # 1 Text of Proposed Order Proposed Order)(LANNING, JOSHUA) (Entered: 02/24/2023)

Feb. 24, 2023

Feb. 24, 2023

PACER
33

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 02/27/2023, granting 32 Motion for Extension of Time. The deadline for Plaintiffs to file a motion for class certification is hereby extended until such time that the parties have conducted a Rule 26(f) conference and the Court establishes relevant discovery and dispositive motions deadlines, including the deadline for Plaintiffs to move for class approval. (Taylor, Abby) (Entered: 02/27/2023)

Feb. 27, 2023

Feb. 27, 2023

PACER

Motions Submitted

Feb. 27, 2023

Feb. 27, 2023

PACER

Motion Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: 32 MOTION for Extension of Time to Move for Class Certification Pursuant to Local Rule 23.1. (Daniel, J)

Feb. 27, 2023

Feb. 27, 2023

PACER
34

Consent MOTION for Extension of Time to File Response/Reply by ISABELLA A., TIMOTHY B., STEPH C., DISABILITY RIGHTS NORTH CAROLINA, NORTH CAROLINA STATE CONFERENCE OF NAACP, FLORA P.. (Attachments: # 1 Exhibit Proposed Order)(LANNING, JOSHUA) (Entered: 03/06/2023)

March 6, 2023

March 6, 2023

PACER
35

AMENDED COMPLAINT against defendant KODY H. KINSLEY, filed by NORTH CAROLINA STATE CONFERENCE OF NAACP, ISABELLA A., FLORA P., TIMOTHY B., STEPH C., DISABILITY RIGHTS NORTH CAROLINA, LONDON R..(LANNING, JOSHUA) (Entered: 03/06/2023)

March 6, 2023

March 6, 2023

Clearinghouse
36

MOTION to Appoint ad Litem for Named Plaintiff London R. by ISABELLA A., TIMOTHY B., STEPH C., DISABILITY RIGHTS NORTH CAROLINA, NORTH CAROLINA STATE CONFERENCE OF NAACP, FLORA P., LONDON R.. (Attachments: # 1 Exhibit Declaration of Meghann Gunderman Sehorn, # 2 Exhibit Proposed Order)(LANNING, JOSHUA) (Entered: 03/06/2023)

March 6, 2023

March 6, 2023

PACER
37

Supplemental MOTION to Proceed under Fictitious Name by ISABELLA A., TIMOTHY B., STEPH C., DISABILITY RIGHTS NORTH CAROLINA, NORTH CAROLINA STATE CONFERENCE OF NAACP, FLORA P., LONDON R.. Response to Motion due by 3/27/2023 (LANNING, JOSHUA) (Entered: 03/06/2023)

March 6, 2023

March 6, 2023

PACER
38

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 03/06/2023, that Plaintiffs' Motion for Extension of Time to File Plaintiffs' Reply Brief, (Doc. 34 ), is GRANTED and Plaintiffs shall have until April 10, 2023, within which to file a reply to Defendant's response, (Doc. 31 ).(Taylor, Abby) (Entered: 03/06/2023)

March 6, 2023

March 6, 2023

PACER
39

MOTION for Leave to File Excess Pages for the Memorandum in Support of Defendant's Motion to Dismiss by KODY H. KINSLEY. (SIEGENBERG, JULIA) (Entered: 03/17/2023)

March 17, 2023

March 17, 2023

PACER
40

Dismiss for Failure to State a Claim

March 20, 2023

March 20, 2023

PACER
41

Memorandum

March 20, 2023

March 20, 2023

PACER
42

Seal

March 20, 2023

March 20, 2023

PACER
43

SEALED Unredacted Documents (LR 5.4)

March 20, 2023

March 20, 2023

PACER
44

Order on Motion for Leave to File Excess Pages

March 27, 2023

March 27, 2023

PACER
45

Response

March 27, 2023

March 27, 2023

PACER
46

Response

March 27, 2023

March 27, 2023

PACER
47

Joint Motion

March 30, 2023

March 30, 2023

PACER

Motions Submitted

March 31, 2023

March 31, 2023

PACER
48

Extension of Time to File Response/Reply

April 4, 2023

April 4, 2023

PACER

Motions Submitted

April 4, 2023

April 4, 2023

PACER
49

L.R. 5.5 Report-Joint

April 7, 2023

April 7, 2023

PACER
50

Reply to Response to Motion

April 7, 2023

April 7, 2023

PACER
51

Seal

April 7, 2023

April 7, 2023

PACER
52

SEALED Unredacted Documents (LR 5.4)

April 7, 2023

April 7, 2023

PACER
53

Response in Opposition to Motion

April 10, 2023

April 10, 2023

PACER

Motions Submitted

April 12, 2023

April 12, 2023

PACER
54

Order on Joint Motion

April 14, 2023

April 14, 2023

RECAP
55

Order on Motion for L.R. 5.5 Report-Joint AND Order on Motion to Seal

April 18, 2023

April 18, 2023

PACER
56

Order on Motion for Extension of Time to File Response/Reply

April 18, 2023

April 18, 2023

PACER
57

Statement

April 21, 2023

April 21, 2023

PACER
58

Reply to Response to Motion

April 24, 2023

April 24, 2023

PACER
59

Order on Motion to Proceed under Fictitious Name

April 25, 2023

April 25, 2023

PACER
60

Order on Motion to Proceed under Fictitious Name

April 25, 2023

April 25, 2023

PACER

Motions Submitted

April 25, 2023

April 25, 2023

PACER
61

Suggestion of Subsequently Decided Authority

June 26, 2023

June 26, 2023

PACER
62

Notice of Special Appearance

June 28, 2023

June 28, 2023

PACER
63

Notice of Special Appearance

June 28, 2023

June 28, 2023

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Disability Rights

Child Welfare

Key Dates

Filing Date: Dec. 6, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Disability Rights North Carolina (DRNC), the NAACP, and Children's Rights filed suit on behalf of the following class: (a) children who are or will be in North Carolina foster care, who are or will be in the custody of a North Carolina county department of social services; (b) with a mental impairment that substantially limits at least one major life activity, or a record of such an impairment; (c) who are unnecessarily institutionalized in a PRTF or who are at serious risk of such institutionalization.

Attorney Organizations:

Disability Rights Education & Defense Fund (DREDF)

NAACP Legal Defense Fund

Children's Rights, Inc.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

North Carolina Department of Health and Human Services, State

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Juveniles

Discrimination-basis:

Disability (inc. reasonable accommodations)