Case: Disability Rights Maryland, Inc. v. Scott

1:25-cv-00070 | U.S. District Court for the District of Maryland

Filed Date: Jan. 9, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 9, 2025, Disability Rights Maryland (“DRM”) filed this lawsuit on behalf of detainees determined to be incompetent to stand trial against the Maryland Department of Health (“MDH”) and its Secretary in the United States District Court for the District of Maryland. Under Maryland's Criminal Procedure Code, state courts could order the MDH to conduct an examination on criminal defendants to determine whether they were "incompetent to stand trial" due to mental disability or some other c…

On January 9, 2025, Disability Rights Maryland (“DRM”) filed this lawsuit on behalf of detainees determined to be incompetent to stand trial against the Maryland Department of Health (“MDH”) and its Secretary in the United States District Court for the District of Maryland. Under Maryland's Criminal Procedure Code, state courts could order the MDH to conduct an examination on criminal defendants to determine whether they were "incompetent to stand trial" due to mental disability or some other cause. If found incompetent to stand trial, MDH was obligated to admit the defendant into a designated health care facility for competency restoration treatment. DRM alleged that MDH persistently delayed admitting such individuals into the designated healthcare facilities, instead leaving them detained in jails without having been convicted, for unlawful periods of time, in violation of their rights under the Due Process Clause, the Americans with Disabilities Act, the Rehabilitation Act, and the Maryland Constitution. Represented by its attorneys, DRM sought declaratory and injunctive relief, as well as attorneys’ fees. This case was assigned to Judge Julie Rebecca Rubin.


On March 17, 2025, MDH filed a motion to dismiss for failure to state a claim. As of April 20, 2025, this case is ongoing.

 

Summary Authors

Jacquelynn Gutierrez (4/10/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69537829/parties/disability-rights-maryland-inc-v-scott/


Attorney for Plaintiff

Bergan, Courtney Anne (Maryland)

Cooperstein, Kathleen Claire (Maryland)

Downer, Ryan C. (Maryland)

Howard, Theodore A (Maryland)

Attorney for Defendant

Eubanks, Musa L (Maryland)

show all people

Documents in the Clearinghouse

Document
1

1:25-cv-00070

Complaint for Declaratory and Injunctive Relief

Jan. 9, 2025

Jan. 9, 2025

Complaint
19

1:25-cv-00070

Defendants’ Memorandum in Support of Motion to Dismiss

March 17, 2025

March 17, 2025

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69537829/disability-rights-maryland-inc-v-scott/

Last updated Aug. 23, 2025, 2:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number AMDDC-11699611.), filed by Disability Rights Maryland, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Attachment, # 3 Summons, # 4 Summons)(Parsley, Luciene) (Entered: 01/09/2025)

1 Civil Cover Sheet

View on PACER

2 Attachment

View on PACER

3 Summons

View on PACER

4 Summons

View on PACER

Jan. 9, 2025

Jan. 9, 2025

Clearinghouse
2

MOTION to Appear Pro Hac Vice for Theodore A. Howard (Filing fee $100, receipt number AMDDC-11699619.) by Disability Rights Maryland, Inc.(Parsley, Luciene) (Entered: 01/09/2025)

Jan. 9, 2025

Jan. 9, 2025

PACER
3

MOTION to Appear Pro Hac Vice for Kathleen Cooperstein (Filing fee $100, receipt number AMDDC-11699621.) by Disability Rights Maryland, Inc.(Parsley, Luciene) (Entered: 01/09/2025)

Jan. 9, 2025

Jan. 9, 2025

PACER
4

MOTION to Appear Pro Hac Vice for Ryan Downer (Filing fee $100, receipt number AMDDC-11699622.) by Disability Rights Maryland, Inc.(Parsley, Luciene) (Entered: 01/09/2025)

Jan. 9, 2025

Jan. 9, 2025

PACER
5

Summons Issued 21 days as to Maryland Department of Health and Laura Herrera Scott. (Attachments: # 1 Summons Maryland Department of Health)(slss, Deputy Clerk) (Entered: 01/10/2025)

Jan. 10, 2025

Jan. 10, 2025

PACER
6

Local Rule 103.3 Disclosure Statement by Disability Rights Maryland, Inc. (Parsley, Luciene) (Entered: 01/10/2025)

Jan. 10, 2025

Jan. 10, 2025

PACER
7

PAPERLESS ORDER granting 2 Motion to Appear Pro Hac Vice on behalf of Theodore A Howard. Directing attorney Theodore A Howard to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 1/10/2025. (mh4s, Deputy Clerk) (Entered: 01/10/2025)

Jan. 10, 2025

Jan. 10, 2025

PACER
8

PAPERLESS ORDER granting 3 Motion to Appear Pro Hac Vice on behalf of Kathleen Cooperstein. Directing attorney Kathleen Cooperstein to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 1/10/2025. (mh4s, Deputy Clerk) (Entered: 01/10/2025)

Jan. 10, 2025

Jan. 10, 2025

PACER
9

PAPERLESS ORDER granting 4 Motion to Appear Pro Hac Vice on behalf of Ryan Downer. Directing attorney Ryan Downer to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 1/10/2025. (mh4s, Deputy Clerk) (Entered: 01/10/2025)

Jan. 10, 2025

Jan. 10, 2025

PACER

Deficiency Notice -- Your Local Rule 103.3 disclosure statement has not been filed - The Statement must be filed by 1/17/2025. (slss, Deputy Clerk)

Jan. 10, 2025

Jan. 10, 2025

PACER
10

-[FILED IN ERROR]- AFFIDAVIT of Service for Complaint, Summonses, Civil Cover Sheet, Disclosure of Corporate Interest served on Dr. Laura Herrera Scott and Maryland Department of Health on 1/10/2025, filed by Disability Rights Maryland, Inc.. (Attachments: # 1 Exhibit OAG acceptance of Svc for Defs)(Parsley, Luciene) Modified on 1/15/2025 (bas). (Entered: 01/14/2025)

Jan. 14, 2025

Jan. 14, 2025

PACER
11

QC NOTICE: 10 Affidavit of Service, filed by Disability Rights Maryland, Inc. was filed incorrectly. **Please re-file documents by selecting Service of Process > Summons Returned Executed. It has been noted as FILED IN ERROR, and the document link has been disabled. (bas, Deputy Clerk) (Entered: 01/15/2025)

Jan. 15, 2025

Jan. 15, 2025

PACER
12

SUMMONS Returned Executed by Disability Rights Maryland, Inc.. All Defendants. (Attachments: # 1 Exhibit OAG email accepting service)(Parsley, Luciene) (Entered: 01/15/2025)

Jan. 15, 2025

Jan. 15, 2025

PACER
13

NOTICE of Appearance by Courtney Anne Bergan on behalf of Disability Rights Maryland, Inc. (Bergan, Courtney) (Entered: 01/24/2025)

Jan. 24, 2025

Jan. 24, 2025

PACER
14

Consent MOTION for Extension of Time to Respond to Complaint by Laura Herrera Scott, Maryland Department of Health(Eubanks, Musa) (Entered: 01/31/2025)

Jan. 31, 2025

Jan. 31, 2025

PACER
15

ORDER Granting 14 Motion for Extension of Time. Signed by Judge Julie Rebecca Rubin on 1/31/2025. (bas, Deputy Clerk) (Entered: 01/31/2025)

Jan. 31, 2025

Jan. 31, 2025

PACER
16

Second MOTION for Extension of Time to File Answer by Maryland Department of Health, Laura Herrera Scott(Eubanks, Musa) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

PACER
17

PAPERLESS ORDER The court is in receipt of the motion for extension at ECF 16 . Plaintiff's objection is noted. For good cause found, the motion is Granted and Defendants shall have until March 17, 2025, to respond to the complaint. No further extensions will be granted barring exceptional circumstances or consent of Plaintiff. Signed by Judge Julie Rebecca Rubin on 2/26/2025. (bas, Deputy Clerk) (Entered: 02/26/2025)

Feb. 26, 2025

Feb. 26, 2025

PACER
18

MOTION to Dismiss for Failure to State a Claim by Maryland Department of Health, Laura Herrera Scott(Eubanks, Musa) (Entered: 03/17/2025)

March 17, 2025

March 17, 2025

PACER
19

MOTION to Dismiss for Failure to State a ClaimMemorandum by Maryland Department of Health, Laura Herrera Scott(Eubanks, Musa) (Entered: 03/17/2025)

March 17, 2025

March 17, 2025

Clearinghouse
20

MOTION to Dismiss for Failure to State a ClaimProposed Order by Maryland Department of Health, Laura Herrera Scott(Eubanks, Musa) (Entered: 03/17/2025)

March 17, 2025

March 17, 2025

PACER
21

MOTION for Default Judgment as to Defendants by Disability Rights Maryland, Inc. (Attachments: # 1 Memorandum in Support of Motion for Partial Default Judgment, # 2 Affidavit Affidavit of Luciene M. Parsley, # 3 Text of Proposed Order Proposed Order)(Cooperstein, Kathleen) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

PACER
22

RESPONSE in Opposition re 19 MOTION to Dismiss for Failure to State a ClaimMemorandum, 20 MOTION to Dismiss for Failure to State a ClaimProposed Order, 18 MOTION to Dismiss for Failure to State a Claim filed by Disability Rights Maryland, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Cooperstein, Kathleen) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

PACER
23

MOTION to Appear Pro Hac Vice for Chelsea Sullivan (Filing fee $100, receipt number AMDDC-11886910.) by Disability Rights Maryland, Inc.(Parsley, Luciene) (Entered: 04/03/2025)

April 3, 2025

April 3, 2025

PACER
24

PAPERLESS ORDER granting 23 Motion to Appear Pro Hac Vice on behalf of Chelsea Sullivan. Directing attorney Chelsea Sullivan to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 4/4/2025. (mh4s, Deputy Clerk) (Entered: 04/04/2025)

April 4, 2025

April 4, 2025

PACER
25

RESPONSE to Motion re 21 MOTION for Default Judgment as to Defendants filed by Maryland Department of Health, Laura Herrera Scott. (Attachments: # 1 Memorandum in Support Memorandum in Support of Opposition to Plaintiff's Motion for Partial Default Judgment, # 2 Text of Proposed Order Proposed Order- Defendants' Opposition to Plaintiff's Motion for Default Judgment)(Eubanks, Musa) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
26

REPLY to Response to Motion re 19 MOTION to Dismiss for Failure to State a ClaimMemorandum, 18 MOTION to Dismiss for Failure to State a Claim filed by Maryland Department of Health, Laura Herrera Scott. (Attachments: # 1 Text of Proposed Order Proposed Order- Defendants' MTD)(Eubanks, Musa) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
27

REPLY to Response to Motion re 21 MOTION for Default Judgment as to Defendants filed by Disability Rights Maryland, Inc..(Parsley, Luciene) (Entered: 04/23/2025)

April 23, 2025

April 23, 2025

PACER

Case Details

State / Territory: Maryland

Case Type(s):

Disability Rights

Criminal Justice (Other)

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Jan. 9, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

More than 200 individuals charged by the State of Maryland with a criminal offense, but determined to be incompetent to stand trial (IST) and a potential danger to themselves or others due to their mental health, have been detained.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Maryland, State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Disability and Disability Rights:

Mental Illness, Unspecified

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Placement in detention facilities