Case: Disability Rights North Carolina v. The North Carolina Department of Health and Human Services

Disability Rights North Carolina v. Wake County Board

COMPLAINT for Declaratory and Injunctive Relief against Disability Rights North Carolina ( Filing fee $ 405 receipt number ANCMDC-3814759.), filed by Disability Rights North Carolina.(DELGADO, MICHELE) (Entered: 04/18/2024)

NOTICE of Attorney Appearance by attorney IVY A. JOHNSON on behalf of Plaintiff DIABILITY RIGHTS NORTH CAROLINA (JOHNSON, IVY) (Entered: 04/19/2024)

NOTICE of Attorney Appearance by attorney KRISTI L. GRAUNKE on behalf of Plaintiff DIABILITY RIGHTS NORTH CAROLINA (GRAUNKE, KRISTI) (Entered: 04/19/2024)

NOTICE of Attorney Appearance by attorney AMIKA MEDHA SINGH on behalf of Plaintiff DIABILITY RIGHTS NORTH CAROLINA (SINGH, AMIKA) (Entered: 04/19/2024)

NOTICE of Special Appearance by attorney MIKE WALDEN on behalf of Plaintiff DIABILITY RIGHTS NORTH CAROLINA ( Filing fee $ 25 receipt number ANCMDC-3815524.) (WALDEN, MIKE) (Entered: 04/19/2024)

NOTICE of Special Appearance by attorney JOHN A. FREEDMAN on behalf of Plaintiff DISABILITY RIGHTS NORTH CAROLINA ( Filing fee $ 25 receipt number ANCMDC-3815562.) (FREEDMAN, JOHN) (Entered: 04/19/2024)

NOTICE of Special Appearance by attorney ANDREW C. JOHNSON on behalf of Plaintiff DISABILITY RIGHTS NORTH CAROLINA ( Filing fee $ 25 receipt number ANCMDC-3815567.) (JOHNSON, ANDREW) (Entered: 04/19/2024)

NOTICE of Special Appearance by attorney COLLEEN COUTURE on behalf of Plaintiff DISABILITY RIGHTS NORTH CAROLINA ( Filing fee $ 25 receipt number ANCMDC-3815579.) (COUTURE, COLLEEN) (Entered: 04/19/2024)

Case Referred to Standing Order 30

Case Referred to Mediation

Case Assigned

Case ASSIGNED to UNASSIGNED and MAG/JUDGE JOE L. WEBSTER. (cc)

CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (cc)

CASE REFERRED to Standing Order 30. (cc)

NOTICE of Attorney Appearance by attorney LISA GRAFSTEIN on behalf of Plaintiff DISABILITY RIGHTS NORTH CAROLINA (GRAFSTEIN, LISA) (Main Document 9 replaced on 4/25/2024) (al). (Entered: 04/22/2024)

Summons Issued as to All Defendants. (Attachments: # 1 Summons issued to Kody Kinsley). (cc) (Entered: 04/23/2024)

NOTICE of Attorney Appearance by attorney LUKE FOSTER WOOLLARD on behalf of Plaintiff DISABILITY RIGHTS NORTH CAROLINA (WOOLLARD, LUKE) (Entered: 04/30/2024)

NOTICE of Attorney Appearance by attorney SUSAN HUBBARD POLLITT on behalf of Plaintiff DISABILITY RIGHTS NORTH CAROLINA. (POLLITT, SUSAN) (Main Document 12 replaced on 5/8/2024 with flattened document.) (sh) (Entered: 05/07/2024)

NOTICE of Attorney Appearance by attorney MICHAEL T. WOOD on behalf of Defendants KODY KINSLEY, THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES (WOOD, MICHAEL) (Entered: 05/13/2024)

Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint by KODY KINSLEY, THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(WOOD, MICHAEL) (Entered: 05/13/2024)

MOTION for Preliminary Injunction by DISABILITY RIGHTS NORTH CAROLINA. Response to Motion due by 6/3/2024 (Attachments: # 1 Exhibit 1 - Capacity Assessment Wait Time, # 2 Exhibit 2 - Singh Declaration, # 3 Exhibit 3 - SPH Wait Times, # 4 Exhibit 4 - DHHS Webinar, # 5 Exhibit 5 - LME/MCO Directory, # 6 Exhibit 6 - Brown Records, # 7 Exhibit 7 - Cline Records, # 8 Exhibit 8 - State Hospital Directory, # 9 Exhibit 9 - Anderson Records, # 10 Exhibit 10 - Murrie Declaration, # 11 Exhibit 11 - DHHS Demand Letter, # 12 Exhibit 12 - NCDHHS Email)(SINGH, AMIKA) (Entered: 05/13/2024)

Plaintiff's BRIEF re 15 MOTION for Preliminary Injunction . (SINGH, AMIKA) (Entered: 05/13/2024)

Motions Referred

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

Motions Referred: RE: 14 Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint, to MAG/JUDGE JOE L. WEBSTER (kg)

TEXT ORDER granting in part 14 Motion for Extension of Time to Respond to Complaint. For good cause shown, Defendants shall have up to and including June 28, 2024, to respond to the Complaint. Issued by MAG/JUDGE JOE L. WEBSTER on 5/14/2024.(pl)

NOTICE of Attorney Appearance by attorney COLLEEN MARY CROWLEY on behalf of Defendants KODY KINSLEY, THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES (CROWLEY, COLLEEN) (Entered: 05/15/2024)

Update Answer Deadline

Answer updated for All Defendants. (sh)

MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Preliminary Injunction by KODY KINSLEY, THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES. (WOOD, MICHAEL) (Entered: 05/28/2024)

RESPONSE in Opposition re 18 MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Preliminary Injunction filed by THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, KODY KINSLEY filed by DISABILITY RIGHTS NORTH CAROLINA. Replies due by 6/12/2024 (DELGADO, MICHELE) (Entered: 05/29/2024)

Motions Referred

Motions Referred: RE: 18 MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Preliminary Injunction, to MAG/JUDGE JOE L. WEBSTER (kg)

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

Set/Reset Motion and R and R Deadlines/Hearings

TEXT ORDER Granting in Part 18 Defendants' Motion to Extend Time to Respond to Motion for Preliminary Injunction. For good cause shown, the motion is granted in part such that Defendants shall have up to and including June 24, 2024, to respond to Plaintiff's Motion for Preliminary Injunction. Defendants shall not anticipate any further extension of said deadline. Issued by MAG/JUDGE JOE L. WEBSTER on 6/3/2024.(pl)

Reset Response Deadline re 15 MOTION for Preliminary Injunction. Response to Motion due by 6/24/2024. (sh)

RESPONSE in Opposition re 15 MOTION for Preliminary Injunction filed by DISABILITY RIGHTS NORTH CAROLINA, 16 Brief filed by KODY KINSLEY, THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES. Replies due by 7/8/2024 (Attachments: # 1 Exhibit A -Declaration for Robert Cochrane, # 2 Exhibit B - Decl of Carrie Brown)(WOOD, MICHAEL) (Entered: 06/24/2024)

MOTION for Extension of Time to File Response/Reply as to 20 Response in Opposition to Motion, 15 MOTION for Preliminary Injunction, 16 Brief by DISABILITY RIGHTS NORTH CAROLINA. (Attachments: # 1 Text of Proposed Order)(DELGADO, MICHELE) (Entered: 06/28/2024)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Fed. R. Civ. P. 12(b)(1), 12(b)(6) and 12(b)(7) by KODY KINSLEY, THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES. Response to Motion due by 7/19/2024 (WOOD, MICHAEL) (Entered: 06/28/2024)

BRIEF re 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Fed. R. Civ. P. 12(b)(1), 12(b)(6) and 12(b)(7) by Defendants KODY KINSLEY, THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES filed by KODY KINSLEY, THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES. (WOOD, MICHAEL) (Entered: 06/28/2024)

Motions Referred

Motions Referred: RE: 21 MOTION for Extension of Time to File Response/Reply as to 20 Response in Opposition to Motion, 15 MOTION for Preliminary Injunction, 16 Brief, to MAG/JUDGE JOE L. WEBSTER (kg)

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

TEXT ORDER granting 21 Plaintiff's Unopposed Motion to Extend Time to File Reply in Support of Plaintiff's Motion for Preliminary Injunction. For good cause shown, the deadline for Plaintiff to file a Reply in Support of Plaintiff's Motion for Preliminary Injunction shall be extended up to and including July 12, 2024. Issued by MAG/JUDGE JOE L. WEBSTER on 7/2/2024.(pl)

Set/Reset Motion and R and R Deadlines/Hearings

Reset Reply Deadline re: 15 MOTION for Preliminary Injunction: Replies due by 7/12/2024. (lg)

REPLY, filed by Plaintiff DISABILITY RIGHTS NORTH CAROLINA, to Response to 15 MOTION for Preliminary Injunction filed by DISABILITY RIGHTS NORTH CAROLINA. (Attachments: # 1 Exhibit DE 24-1 Corrected Exhibit 1)(SINGH, AMIKA) (Entered: 07/11/2024)

RESPONSE in Opposition re 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Fed. R. Civ. P. 12(b)(1), 12(b)(6) and 12(b)(7) filed by THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, KODY KINSLEY, 23 Brief, filed by THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, KODY KINSLEY filed by DISABILITY RIGHTS NORTH CAROLINA. Replies due by 8/2/2024 (DELGADO, MICHELE) (Entered: 07/19/2024)

Notice to Parties RE: SO30. Response due 8/23/2024. (Attachments: # 1 Consent Form) (ww) (Attachment 1 replaced on 7/26/2024 with flattened PDF.) (lg) (Entered: 07/24/2024)

REPLY, filed by Defendants KODY KINSLEY, THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, to Response to 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Fed. R. Civ. P. 12(b)(1), 12(b)(6) and 12(b)(7) filed by KODY KINSLEY, THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES. (WOOD, MICHAEL) (Entered: 08/02/2024)

Motions Referred

Motions Referred: RE: 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Fed. R. Civ. P. 12(b)(1), 12(b)(6) and 12(b)(7), 15 MOTION for Preliminary Injunction, to MAG/JUDGE JOE L. WEBSTER (kg)

MOTION to Withdraw as Attorney ANDREW C. JOHNSON by on behalf of DISABILITY RIGHTS NORTH CAROLINA. (JOHNSON, ANDREW) Modified on 8/26/2024 requested a proposed order (kg). (Entered: 08/23/2024)

Motions Referred

Motions Referred: RE: 28 MOTION to Withdraw as Attorney ANDREW C. JOHNSON, to MAG/JUDGE JOE L. WEBSTER (kg)

Order on Motion to Withdraw as Attorney

TEXT ORDER Granting 28 Motion to Withdraw as Counsel. For good cause shown, Attorney Andrew C. Johnson of Arnold & Porter Kaye Scholer LLP shall be withdrawn as counsel for Plaintiff. Issued by MAG/JUDGE JOE L. WEBSTER on 8/27/2024.(pl)

Case Reassigned

Case Reassigned to JUDGE LORETTA C. BIGGS. UNASSIGNED no longer assigned to the case. (km)

NOTICE of Hearing: Motion Hearing as to all pending motions set for 3/25/2025 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (kg) (Entered: 03/05/2025)

NOTICE of Special Appearance by attorney YANGJUN WANG on behalf of Plaintiff DISABILITY RIGHTS NORTH CAROLINA ( Filing fee $ 25 receipt number ANCMDC-4049358.) (WANG, YANGJUN) (Entered: 03/24/2025)

Minute Entry for proceedings held before MAG/JUDGE JOE L. WEBSTER in Durham: Motion Hearing held on 3/25/2025 (see Exhibit/Witness List). Re: 15 MOTION for Preliminary Injunction filed by DISABILITY RIGHTS NORTH CAROLINA, 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Fed. R. Civ. P. 12(b)(1), 12(b)(6) and 12(b)(7) filed by THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, KODY KINSLEY. Parties advised that this matter is hereby taken under advisement. (Attorney(s) Amika Singh, Ivy Johnson, John Freedman, Kristi Graunke, Lisa Grafstein, Luke Woolard, Susan Pollitt, Michele Delgado, and Anora Yangjun Wang appeared on behalf of Plaintiff DISABILITY RIGHTS NORTH CAROLINA; Attorney(s) Colleen Crowley and Michael Wood appeared on behalf of Defendants THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES and KODY KINSLEY; Court Reporter Stacy Harlow) (dk) (Entered: 03/25/2025)

Transcript of Proceedings held on 3-25-2025, before The Honorable Joe L. Webster. Court Reporter: Stacy Harlow, Telephone number: 336-734-2547. Email: stacy_harlow@ncmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 5/23/2025. Redacted Transcript Deadline set for 6/2/2025. Release of Transcript Restriction set for 7/31/2025. (seh) (Entered: 04/29/2025)

MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 6/12/2025; that NCDHHS's Motion to Dismiss (Docket Entry 22 ) be GRANTED IN PART AND DENIED IN PART in that DRNC's counts three and four of the Complaint under Title II of the ADA and the Rehabilitation Act be DISMISSED WITHOUT PREJUDICE, and DRNC's counts one and two of the Complaint for violations of substantive and procedural due process under the Fourteenth Amendment survive. FURTHER RECOMMENDED that DRNC's Motion for Preliminary Injunction and Request for Oral Argument (Docket Entry 15 ) be DENIED. (jls) (Entered: 06/12/2025)

Notice of Mailing Recommendation: Objections to R&R due by 6/26/2025. Objections to R&R for Pro Se due by 6/30/2025. (jls) (Entered: 06/12/2025)

Joint MOTION for Extension of Time to File Rule 72 Objections by KODY KINSLEY, THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order) (WOOD, MICHAEL) Modified on 6/23/2025 to remove duplicate text in attachment title. (jls) (Entered: 06/18/2025)

Motions Referred

Motion Referred: RE: 35 Joint MOTION for Extension of Time to File Rule 72 Objections, to MAG/JUDGE JOE L. WEBSTER (db)

Order on Motion for Extension of Time-Other

TEXT ORDER Granting 35 Joint Motion to Extend Time to File Rule 72 Objections. For good cause shown, Rule 72 objections shall be filed no later than July 3, 2025, and responses to Rule 72 objections shall be filed no later than July 24, 2025. The parties shall not anticipate any further extension of said deadlines. Issued by MAG/JUDGE JOE L. WEBSTER on 6/23/2025.(pl)

OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re 33 Recommended Ruling - Magistrate Judge, by Defendants KODY KINSLEY, THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES. (WOOD, MICHAEL) (Entered: 07/03/2025)

OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re 33 Recommended Ruling - Magistrate Judge, by Plaintiff DISABILITY RIGHTS NORTH CAROLINA. (DELGADO, MICHELE) (Entered: 07/03/2025)

RESPONSE TO OBJECTION to 36 Recommended Ruling filed by DISABILITY RIGHTS NORTH CAROLINA. (DELGADO, MICHELE) (Entered: 07/24/2025)

RESPONSE TO OBJECTION to 37 Recommended Ruling filed by KODY KINSLEY, THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES. (WOOD, MICHAEL) (Entered: 07/24/2025)

Case Reassigned

Case Reassigned to JUDGE WILLIAM L. OSTEEN, JR. JUDGE LORETTA C. BIGGS no longer assigned to the case. (Powell, Gloria)

Case Referred to Judge

Motions Submitted

Motions Submitted: 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Fed. R. Civ. P. 12(b)(1), 12(b)(6) and 12(b)(7), 15 MOTION for Preliminary Injunction to JUDGE WILLIAM L. OSTEEN, JR. (ads)

CASE REFERRED RE: 33 RECOMMENDED RULING - MAGISTRATE JUDGE re 15 MOTION for Preliminary Injunction filed by DISABILITY RIGHTS NORTH CAROLINA, 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Fed. R. Civ. P. 12(b)(1),, to JUDGE WILLIAM L. OSTEEN, JR (ads)

MOTION to Withdraw as Attorney AMIKA M. SINGH by on behalf of DISABILITY RIGHTS NORTH CAROLINA. (SINGH, AMIKA) (Entered: 08/20/2025)

Order on Motion to Withdraw as Attorney

TEXT ORDER signed by LAWRENCE H. CUNNINGHAM, Clerk of Court, on 8/20/2025. The 40 Motion to Withdraw as Attorney is GRANTED. AMIKA M. SINGH is granted leave to withdraw. Entered at the direction of the Court pursuant to Standing Order 40. (lhc)

Case Reassigned

Amend

Proceed under Fictitious Name

Certify Class

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 03/30/2026, that the Magistrate Judge's Recommendation, (Doc. 33 ), is ADOPTED AS MODIFIED HEREIN. FURTHER ORDERED that that Defendants' Motion to Dismiss, ( Doc. 22 ), is GRANTED IN PART AND DENIED IN PART in that Counts Three and Four of Plaintiff's Complaint, (Doc. 1 ), under Title II of the ADA and the Rehabilitation Act are DISMISSED WITHOUT PREJUDICE except as to claims for failure to reas onably accommodate ITP detainees who have received assessment and are deemed to require further treatment. The motion to dismiss is DENIED as to Counts One and Two of Plaintiff's Complaint, (id.); those claims for violations of substantive and procedural due process under the Fourteenth Amendment shall survive. FURTHER ORDERED that Plaintiff's Motion for Preliminary Injunction and Request for Oral Argument, Doc. 15 ), is DENIED. (lg)

Extension of Time to File Response/Reply

Motions Referred

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