Case: Michigan Protection and Advocacy Service v. Miller
5:92-cv-00146 | U.S. District Court for the Western District of Michigan
Filed Date: Dec. 11, 1992
Closed Date: April 22, 1994
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Case Summary
This is a case about a Protection and Advocacy/P&A’s individual access authority for juveniles in residential settings. On December 11, 1992, Michigan Protection and Advocacy (P&A) Service filed this lawsuit against Gerard H. Miller in his official capacity as Director of Michigan’s Department of Social Services (Department) in the U.S. District Court for the Western District of Michigan. The P&A filed this lawsuit under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act) and the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act). Represented by itself, Michigan P&A sought injunctive relief that required the Department provide them access to youth residents at Department operated facilities under its DD Act and PAIMI Act access authority. Judge David William McKeague presided over this matter.
This case began after the Department denied Michigan P&A access to residents at youth facilities it operated where Michigan P&A alleged that individuals with disabilities resided. The Department maintained that the P&A could only speak with residents at these facilities if the individual was a client of the P&A or the P&A received a complaint of abuse or neglect about the individual, and also argued that the P&A could not access facilities they operated. In March 24 1994, the court granted the P&A’s Motion for Summary Judgment under both the PAIMI and DD Acts. The court held that the P&A could access Department operated facilities, and that Michigan’s PAIMI and DD Act authorities included speaking with facility residents even when residents are not P&A clients. The court appointed two Special Masters to determine the scope of Michigan’s individual access authority under both acts. In April 22 1994, the case was dismissed.
No documents available from PACER - restricted
Summary Authors
NDRN (3/18/2023)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/2516926/parties/mi-protect-advocacy-v-miller/
McKeague, David William (Michigan)
Skinner, Annette E. (Michigan)
Meija, Janis (Michigan)
Morris, William R. (Michigan)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/2516926/mi-protect-advocacy-v-miller/
Last updated April 10, 2026, 4:58 a.m.
Case Details
State / Territory:
Case Type(s):
Key Dates
Filing Date: Dec. 11, 1992
Closing Date: April 22, 1994
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
Michigan Department of Social Services
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
Other Dockets:
Western District of Michigan 5:92-cv-00146
Available Documents:
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Content of Injunction:
Issues
General/Misc.:
Disability and Disability Rights:
Case Summary of Michigan Protection and Advocacy Service v. Miller, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/18426/ (last updated 3/18/2023).