Case: Iowa Protection and Advocacy Services v. Gerard Treatment Programs

3:01-cv-03013 | U.S. District Court for the Northern District of Iowa

Filed Date: Feb. 16, 2001

Closed Date: Aug. 4, 2003

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Case Summary

This is a case about a Protection and Advocacy agency’s (P&A) authority to access a minor’s records during an investigation over the objection of parents or guardians. On February 16, 2001, Iowa Protection and Advocacy Services (Iowa P&A), filed this lawsuit in the U.S. District Court for the Northern District of Iowa. Iowa P&A sued Gerard Treatment Programs (Gerard), a youth residential psychiatric treatment setting, under the Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act. Represented by private counsel, Iowa P&A sought injunctive relief that ordered Gerard to provide them with the relevant records requested. Iowa P&A claimed that Gerard violated the PAIMI Act when they denied Iowa P&A records and notified the parents and guardians of residents of the investigation. Judge Mark W. Bennett presided over this matter.

Iowa P&A began its investigation after a resident death at Gerard, and eventually obtained probable cause to begin a facility-wide investigation concerning Gerard’s use of restraints. Subsequently, Gerard would not let Iowa P&A access records requested in furtherance of its investigation and notified the parents and guardians of residents that Iowa P&A requested records. Some parents and guardians contacted Iowa P&A and notified it that they did not want the organization to access these records for their child or ward. The court considered Iowa P&A’s request for a Preliminary Injunction, and determined that while the PAIMI Act required Iowa P&A notify parents and guardians that they sought records in furtherance of its investigation, the P&A did not necessarily need their consent. Because Iowa P&A had probable cause that the health and safety of multiple residents are in serious and immediate jeopardy, the court reasoned that the P&A’s investigatory authority included generalized records access not subject to parent or guardian consent. The court granted Iowa P&A a Preliminary Injunction for records access in June 2003. The court issued a permanent injunction that prevented Gerard from interfering with Iowa P&A’s access authority in June 2002. The court terminated the case in June 2002. In 2003, Iowa P&A filed a motion for contempt because Gerard refused to provide plaintiffs with a list of all parent and guardian names and addresses on a subsequent matter. On August 4, 2003 court denied this motion for contempt because Iowa P&A's request fell under its PAIMI monitoring authority, not its investigatory authority.

Summary Authors

NDRN (10/28/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/19897481/parties/ia-protect-services-v-gerard-of-iowa/

Judge(s)

Bennett, Mark W. (Iowa)

Attorney for Plaintiff

Berregaard, Suzie A (Iowa)

Malheiro, Sharon K (Iowa)

Attorney for Defendant

Price, C Bradley (Iowa)

Judge(s)

Bennett, Mark W. (Iowa)

Attorney for Plaintiff

Berregaard, Suzie A (Iowa)

Malheiro, Sharon K (Iowa)

Attorney for Defendant

Price, C Bradley (Iowa)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

34 3:01-cv-03013	Final Order Iowa Protection and Advocacy Services v. Gerard Treatment Programs	June 17, 2002	June 17, 2002 Order/Opinion
41 3:01-cv-03013	Memorandum Opinion and Order Regarding Plaintiff's Motion for Contempt Iowa Protection and Advocacy Services v. Gerard Treatment Programs	Aug. 4, 2003	Aug. 4, 2003 Order/Opinion 274 F.Supp.2d 1063

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/19897481/ia-protect-services-v-gerard-of-iowa/

Last updated April 9, 2026, 5:37 a.m.

ECF Number	Date	Description	Link
1	Feb. 16, 2001	REQUEST by Pltf. IA Protect Services for Order assigned to Chief Judge Mark W. Bennett frmemp (Entered: 02/16/2001)	RECAP
2	Feb. 16, 2001	RECEIPT #111639 in the amount of $150.00 Filing Fee frmemp (Entered: 02/16/2001)	RECAP
3	March 9, 2001	RETURN OF SERVICE EXECUTED upon defendant Gerard of Iowa 2/22/01 answer due on 3/14/01 for Gerard of Iowa PKM (Entered: 03/09/2001)	RECAP
	March 28, 2001	REMARK: Answer Due Letter sent to all parties frmemp
4	April 2, 2001	REQUEST by plaintiff IA Protection Svcs for INJUNCTIVE AND DECLARATORY RELIEF assigned to Chief Judge Mark W. Bennett frmemp (Entered: 04/02/2001)	RECAP
5	April 2, 2001	ANSWER by defendant Gerard of Iowa to complaint [1-1] ; answer ddl satisfied. frmemp (Entered: 04/02/2001)	RECAP
6	April 13, 2001	ANSWER by Deft. Gerard of Iowa to Amended Complaint & Request for Injunctive and Declaratory Relief [4-1] frmemp (Entered: 04/13/2001)	RECAP
7	June 4, 2001	ORDER by Chief Judge Mark W. Bennett Setting Motion for INJUNCTIVE AND DECLARATORY RELIEF [4-1] & Motion for Order [1-1] HEARING set for 2:00 6/6/01 S.C.IA (cc: all counsel) frmemp (Entered: 06/04/2001)	RECAP
8	June 6, 2001	CLERK'S COURT MINUTES: from Request for Preliminary Injunction held on Jun 6, 2001 before Chief Judge Mark W. Bennett Ruling Reserved on [4-1] Motion for INJUNCTIVE AND DECLARATORY RELIEF motion hearing ddl satisfied, ruling reserved on [1-1] motion for Order. Court Grants Pltfs Oral Motion to Amend Defts name to Gerard Treatment Programs, L.L.C. Motion Hearing ddl satisfied Court Reporter Shelly Semmler frmemp (Entered: 06/07/2001)	RECAP
9	June 20, 2001	ORDER by Chief Judge Mark W. Bennett: Court reveived Letter Briefs from Pltf & Deft. Clerk of Court shall Docket and File the Letter Briefs as part of the record in this case. (cc: all counsel) frmemp (Entered: 06/20/2001)	RECAP
10	June 20, 2001	LETTER BRIEF FILED by Pltf. IA Protection Svcs re Order [9-1] frmemp (Entered: 06/20/2001)	RECAP
11	June 20, 2001	LETTER BRIEF FILED by Deft. Gerard Treatment Pro re Order [9-1] frmemp (Entered: 06/20/2001)	RECAP
12	June 25, 2001	MEMORANDUM, OPINION, AND ORDER: by Chief Judge Mark W. Bennett Granting Motion for INJUNCTIVE AND DECLARATORY RELIEF [4-1] STAYED for 30 days. (cc: all counsel) frmemp (Entered: 06/25/2001)	RECAP
13	July 9, 2001	MOTION by Deft. Gerard Treatment Pro to Alter or Amend Judgment and/or, for Additional Time assigned to Chief Judge Mark W. Bennett frmemp (Entered: 07/09/2001)	RECAP
14	July 9, 2001	MOTION by Pltf. IA Protection Svcs for Order for Modification of Ruling assigned to Chief Judge Mark W. Bennett frmemp (Entered: 07/09/2001)	RECAP
15	July 9, 2001	MEMORANDUM by Pltf. IA Protection Svcs in Support of Motion for Order for Modification of Ruling [14-1] frmemp (Entered: 07/09/2001)	RECAP
16	July 17, 2001	ORDER by Chief Judge Mark W. Bennett denying motion for Order for Modification of Ruling [14-1], denying motion to Alter or Amend Judgment [13-1], denying motion for Additional Time [13-2] (cc: all counsel) AIK (Entered: 07/18/2001)	RECAP
17	July 17, 2001	PRELIMINARY INJUNCTION by Chief Judge Mark W. Bennett (cc: all counsel) AIK (Entered: 07/18/2001)	RECAP
18	July 30, 2001	NOTICE OF DISMISSAL ; dismissal ddl set for 8/13/01 (cc: all counsel) AIK (Entered: 07/30/2001)	RECAP
	Aug. 10, 2001	SCHEDULING REPORT AND DISCOVERY PLAN; dismissal ddl satisfied; scheduling report ddl satisfied AIK
19	Aug. 13, 2001	SCHEDULING ORDER by Magistrate Judge Paul A. Zoss - Additional parties ddl 10/1/01 - Motions to amend ddl 10/1/01 - Plaintiff experts ddl 10/1/01 - Defendant experts ddl 12/1/01 - Plaintiff rebuttal experts ddl 1/1/02 - DISCOVERY DDL 2/1/02 - DISPOSITIVE MOTION FILING DDL 2/1/02 - TRIAL READINESS DDL 6/1/02 (cc: all counsel) KFS (Entered: 08/13/2001)	RECAP
20	Aug. 13, 2001	ORDER by Chief Judge Mark W. Bennett PRETRIAL ORDER DDL 6/25/02; Pretrial conference on 2:00; 6/27/02 JURY TRIAL set for 7/8/02 w/Judge Bennett FD (cc: all counsel) AIK (Entered: 08/14/2001)	RECAP
21	Aug. 22, 2001	ORDER by Chief Judge Mark W. Bennett ;Pretrial conference set 2:00 p.m. THURSDAY 6/27/02 (cc: all counsel) frmemp (Entered: 08/23/2001)	RECAP
22	Aug. 24, 2001	ORDER by Chief Judge Mark W. Bennett BENCH TRIAL set for 9:00 a.m. on 7/8/02. No Jury Demand filed. Jury Trial Moot Ft. Dodge (cc: all counsel) frmemp (Entered: 08/24/2001)	RECAP
23	Jan. 28, 2002	ORDER by Chief Judge Mark W. Bennett Telephonic STATUS HEARING set for 10:00; 1/30/02 (cc: all counsel) AIK (Entered: 01/28/2002)	RECAP
24	Jan. 30, 2002	CLERK'S COURT MINUTES: from Status Hearing held on 1/30/02 before Chief Judge Mark W. Bennett Status hearing held 1/30/02 Court Reporter None PKM (Entered: 01/30/2002)	RECAP
25	Feb. 13, 2002	ORDER by Chief Judge Mark W. Bennett Pretrial order ddl satisfied 2/13/02 Pretrial conference of 06/27/02, canceled 2/13/02 Trial of 07/08/02, canceled 2/13/02 STATUS HEARING set for 3:00; 6/6/02 SC (cc: all counsel) AIK (Entered: 02/13/2002)	RECAP
26	March 14, 2002	MEMORANDUM by plaintiff IA Protection Svcs in support of motion for order granting permanent injunction [26-1] (proposed order attached) PKM (Entered: 03/14/2002)	RECAP
27	April 18, 2002	MOTION to extend time to file proposed order by defendant Gerard Treatment Pro (attached to response filed this date) assigned to Chief Judge Mark W. Bennett DES (Entered: 04/18/2002)	RECAP
28	April 18, 2002	MOTION for order granting permanent injunction by defendant Gerard Treatment Pro assigned to Chief Judge Mark W. Bennett (two proposed orders attached) DES (Entered: 04/18/2002)	RECAP
29	April 19, 2002	ORDER by Chief Judge Mark W. Bennett granting motion to extend time to file proposed order [27-1], response which includes proposed order is deemed timely filed (cc: all counsel) DES (Entered: 04/19/2002)	RECAP
30	May 9, 2002	REPLY by plaintiff IA Protection Svcs to Defendant's Proposed Final Order re motion for order granting permanent injunction [28-1] AIK (Entered: 05/09/2002)	RECAP
31	May 29, 2002	ORDER by Chief Judge Mark W. Bennett Status Hearing set for 6/06/02 @ 3:00 pm will now be telephonic (cc: all counsel) DES (Entered: 05/29/2002)	RECAP
32	June 6, 2002	CLERK'S COURT MINUTES: from Telephonic Hearing on Proposed Final Order held on 6/06/02 before Chief Judge Mark W. Bennett ruling reserved on [28-1] motion for order granting permanent injunction, ruling reserved on [26-1] motion for order granting permanent injunction Court Reporter Shelly Semmler DES (Entered: 06/06/2002)	RECAP
33	June 17, 2002	FINAL ORDER by Chief Judge Mark W. Bennett granting motion for order granting permanent injunction [28-1], granting motion for order granting permanent injunction [26-1] terminating case (cc: all counsel) DES Modified on 06/17/2002 (Entered: 06/17/2002)	RECAP
34	June 17, 2002	JUDGMENT: Judgment is entered in accordance with Final Order, JUDGMENT BOOK 47 ENTRY 53 (cc: all counsel) DES Modified on 06/17/2002 (des). (Entered: 06/17/2002)	Clearinghouse
35	June 30, 2003	MOTION for Contempt by Plaintiff Iowa Protection and Advocacy Services, Inc.. (Attachments: # 1 Brief in support)(kfs, ) (Entered: 06/30/2003)	RECAP
36	July 7, 2003	ORDER Setting Hearing on Motion 35 MOTION contempt: Motion Hearing set for 7/24/2003 at 01:30 PM Telephonic Hearing for 35 . Signed by Judge Mark W Bennett on 7/7/03. (pkm) (Entered: 07/07/2003)	RECAP
37	July 14, 2003	NOTICE of Appearance by Suzie A Berregaard on behalf of Iowa Protection and Advocacy Services, Inc. (pkm) (Entered: 07/14/2003)	RECAP
38	July 14, 2003	RESISTANCE to Motion re 35 MOTION contempt filed by Defendant Gerard Treatment Programs, L.L.C.. (Attachments: # 1 Brief in Support)(pkm) (Entered: 07/14/2003)	RECAP
39	July 21, 2003	REPLY to Resistance to Motion re 35 MOTION contempt filed by Plaintiff Iowa Protection and Advocacy Services, Inc. (pkm) (Entered: 07/21/2003)	RECAP
40	July 24, 2003	Minute Entry for proceedings held before Judge Mark W Bennett : Motion Hearing held on 7/24/2003 re 35 MOTION contempt filed by Iowa Protection and Advocacy Services, Inc., ruling reserved, order to follow. (Court Reporter Carolyn Plueger.) (des, ) (Entered: 07/24/2003)	RECAP
41	Aug. 4, 2003	ORDER denying 35 Motion for Contempt of June 14, 2003, Final Order Signed by Judge Mark W Bennett on 08/04/03. (ak, ) (Entered: 08/04/2003)	RECAP

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Case Details

State / Territory:

Iowa

Case Type(s):

Disability Rights

Key Dates

Filing Date: Feb. 16, 2001

Closing Date: Aug. 4, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

protection and advocacy agency

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

Private Entity/Person

Gerard Treatment Programs

Case Details

Causes of Action:

Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801

Other Dockets:

Northern District of Iowa 3:01-cv-03013

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Parents (visitation, involvement)

Records Disclosure

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing

Recommended Citation

Case Summary of Iowa Protection and Advocacy Services v. Gerard Treatment Programs, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/18366/ (last updated 10/28/2022).