Case: Missouri Protection & Advocacy Services v. Missouri Department of Mental Health

2:04-cv-04064 | U.S. District Court for the Western District of Missouri

Filed Date: April 5, 2004

Closed Date: May 10, 2006

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Case Summary

This is a case about a Protection and Advocacy (P&A) agency’s records access authority for peer review records in a death investigation. On April 5, 2004, Missouri P&A Services filed this lawsuit in the U.S. District Court for the Western District of Missouri. Missouri P&A filed this lawsuit against the Missouri Department of Mental Health under the Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act. Represented by itself, Missouri P&A sought declarative and injunctive relief that required the Department provide a Mortality and Morbidity report for a patient who died at a Department operated psychiatric hospital in accordance with the PAIMI Act. Judge Nanette Kay Laughrey presided over this matter.

Missouri P&A learned that a resident died at a Department operated psychiatric hospital and subsequently requested a copy of the individual’s Mortality and Morbidity report from the Department. The Department refused to provide these records because they claimed that these were confidential peer review records outside the scope of the P&A’s records access authority under the PAIMI Act. In response, Missouri P&A filed a Motion for Summary Judgment that required the Department provide them with these records under the PAIMI Act. In February 1 2005, the court granted the P&A’s Motion for Summary Judgment. The court reasoned that the records requested were peer review records that a P&A could access under the PAIMI Act. Following this decision, plaintiffs sought attorney’s fees from the Department under 42 U.S.C. § 1983. In July 19 2005, the court dismissed the plaintiff’s Motion for Summary Judgement for its fee claims under 42 U.S.C. § 1983 and granted the Department’s Motion for Summary Judgment on this claim. The U.S. Court of Appeals for the Eighth Circuit affirmed the lower court’s decision on the 42 U.S.C. § 1983 claim in May 2006

Summary Authors

NDRN (3/18/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4643240/parties/missouri-protection-advocacy-services-v-missouri-department-of-mental/

Judge(s)

Laughrey, Nanette Kay (Missouri)

Attorney for Plaintiff

Fessler, Erica Stephens (Missouri)

Finkelstein, Michael H. (Missouri)

Attorney for Defendant

Matanic, Bart A. (Missouri)

Judge(s)

Laughrey, Nanette Kay (Missouri)

Attorney for Plaintiff

Fessler, Erica Stephens (Missouri)

Finkelstein, Michael H. (Missouri)

Attorney for Defendant

Matanic, Bart A. (Missouri)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 2:04-cv-04064	Complaint Missouri Protection and Advocacy Services v. Missouri Department of Mental Health	April 5, 2004	April 5, 2004 Complaint
13 2:04-cv-04064	Motion for Summary Judgment Missouri Protection and Advocacy Services v. Missouri Department of Mental Health	Sept. 27, 2004	Sept. 27, 2004 Pleading / Motion / Brief
29 2:04-cv-04064	Complainant's Motion for Summary Judgment Missouri Protection and Advocacy Services v. Missouri Department of Mental Health	May 19, 2005	May 19, 2005 Pleading / Motion / Brief
40 2:04-cv-04064	Order Missouri Protection and Advocacy Services v. Missouri Department of Mental Health	July 19, 2005	July 19, 2005 Order/Opinion 2005 WL 1688184
05-01780	USCA Opinion U.S. Court of Appeals for the Eighth Circuit	May 10, 2006	May 10, 2006 Order/Opinion 447 F.3d 1021

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4643240/missouri-protection-advocacy-services-v-missouri-department-of-mental/

Last updated April 9, 2026, 5:10 a.m.

ECF Number	Date	Description	Link
1	April 5, 2004	COMPLAINT against Missouri Department of Mental Health, Dorn Schuffman (Filing fee $ 150 receipt number 210087) Service due by 8/3/2004, filed by Michael H. Finkelstein on behalf of Missouri Protection & Advocacy Services. (Attachments: # 1)(Finkelstein, Michael) (Entered: 04/05/2004)	Clearinghouse
2	April 6, 2004	REQUEST FOR WAIVER of service sent to Jim Impey on April 6, 2004 by Missouri Protection & Advocacy Services. Waiver of Service due by 5/6/2004. (Attachments: # 1)(Stephens, Erica) (Entered: 04/06/2004)	RECAP
3	April 7, 2004	ORDER RELIEVING PARTIES OF THE OBLIGATION TO PROVIDE COURTESY COPIES OF PLEADINGS TO DIVISION 5 (Kanies, Renea) (Entered: 04/07/2004)	RECAP
4	April 7, 2004	ORDER ON PRETRIAL PROCEDURES (Kanies, Renea) (Entered: 04/07/2004)	RECAP
5	May 20, 2004	WAIVER OF SERVICE returned executed by Missouri Protection & Advocacy Services. Missouri Department of Mental Health waiver sent on 4/6/2004, answer due 6/7/2004; Dorn Schuffman waiver sent on 4/6/2004, answer due 6/7/2004. (Finkelstein, Michael) (Entered: 05/20/2004)	RECAP
6	May 28, 2004	Notice of EAPJ (Attachments: # 1 General Order)(Price, Jackie) (Entered: 05/28/2004)	RECAP
7	June 2, 2004	ANSWER to Complaint filed by Bart A. Matanic on behalf of Defendants Missouri Department of Mental Health, Dorn Schuffman.(Matanic, Bart) (Entered: 06/02/2004)	RECAP
8	June 14, 2004	ORDER. Proposed scheduling order due by 7/13/2004, rule 26 conference due by 7/6/2004. (Kanies, Renea) (Entered: 06/14/2004)	RECAP
9	July 13, 2004	Joint PROPOSED SCHEDULING ORDER by Missouri Department of Mental Health, Missouri Protection & Advocacy Services, Dorn Schuffman. (Finkelstein, Michael) (Entered: 07/13/2004)	RECAP
10	July 13, 2004	NOTICE of Endorsement by Missouri Department of Mental Health, Dorn Schuffman of Document No. 9 entitled "Joint Proposed Scheduling Plan" (Matanic, Bart) (Entered: 07/13/2004)	RECAP
11	July 28, 2004	SCHEDULING ORDER: Dispositive Motions due by 9/27/2004. (Kanies, Renea) Modified on 7/28/2004 to correct date order was signed(Kanies, Renea). (Entered: 07/28/2004)	RECAP
12	Sept. 27, 2004	MOTION for summary judgment filed by Bart A. Matanic on behalf of Missouri Department of Mental Health, Dorn Schuffman suggestions in opposition due by 11/1/2004. (Attachments: # 1 Affidavit)(Matanic, Bart) (Entered: 09/27/2004)	RECAP
13	Sept. 27, 2004	MOTION for summary judgment filed by Michael H. Finkelstein on behalf of Missouri Protection & Advocacy Services suggestions in opposition due by 11/1/2004. (Attachments: # 1 # 2 # 3 # 4 # 5)(Finkelstein, Michael) (Entered: 09/27/2004)	Clearinghouse
14	Oct. 22, 2004	SUGGESTIONS in opposition to motion for summary judgment re 13 MOTION for summary judgment filed by Bart A. Matanic on behalf of Defendants Missouri Department of Mental Health, Dorn Schuffman. Reply suggestions due by 11/8/2004 unless otherwise directed by the court (Related document(s) 13 ) (Matanic, Bart) (Entered: 10/22/2004)	RECAP
15	Nov. 1, 2004	SUGGESTIONS in opposition to motion for summary judgment re 12 MOTION for summary judgment of Defendants filed by Michael H. Finkelstein on behalf of Plaintiff Missouri Protection & Advocacy Services. Reply suggestions due by 11/16/2004 unless otherwise directed by the court (Related document(s) 12 ) (Finkelstein, Michael) (Entered: 11/01/2004)	RECAP
16	Nov. 15, 2004	REPLY SUGGESTIONS to motion re 12 MOTION for summary judgment (Defendants' Reply in Support of their Motion for Summary Judgment) filed by Bart A. Matanic on behalf of Defendants Missouri Department of Mental Health, Dorn Schuffman. (Related document(s) 12 ) (Matanic, Bart) (Entered: 11/15/2004)	RECAP
17	Nov. 16, 2004	REPLY SUGGESTIONS to motion re 13 MOTION for summary judgment filed by Michael H. Finkelstein on behalf of Plaintiff Missouri Protection & Advocacy Services. (Related document(s) 13 ) (Finkelstein, Michael) (Entered: 11/16/2004)	RECAP
18	Feb. 1, 2005	ORDER by Judge Nanette Laughrey. Defendants' Motion for Summary Judgment [Doc. 12] is DENIED. It is further ORDERED that the Plaintiff's Motion for Summary Judgment [Doc. 13] is GRANTED. The Court declares that, pursuant to PAIMI, the Plaintiff is entitled to review the Mortality and Morbidity Report of Mr. James Riley. Plaintiff's use of that document is limited by the restrictions imposed by PAIMI. The Defendants are ordered to make that report available to the Plaintiff immediately for those purposes contemplated by the PAIMI. (Kanies, Renea) (Entered: 02/01/2005)	RECAP
19	Feb. 1, 2005	CLERK'S JUDGMENT (Kanies, Renea) (Entered: 02/01/2005)	RECAP
20	Feb. 4, 2005	MOTION to stay pending appeal filed byBart A. Matanic on behalf of Missouri Department of Mental Health, Dorn Schuffman Suggestions in opposition/response due by 2/22/2005 unless otherwise directed by the court (Matanic, Bart) (Entered: 02/04/2005)	RECAP
21	Feb. 8, 2005	SUGGESTIONS in opposition re 20 MOTION to stay pending appeal filed by Michael H. Finkelstein on behalf of Plaintiff Missouri Protection & Advocacy Services. Reply suggestions due by 2/23/2005 unless otherwise directed by the court (Related document(s) 20 ) (Finkelstein, Michael) (Entered: 02/08/2005)	RECAP
22	Feb. 9, 2005	REPLY SUGGESTIONS to motion re 20 MOTION to stay pending appeal filed by Bart A. Matanic on behalf of Defendants Missouri Department of Mental Health, Dorn Schuffman. (Related document(s) 20 ) (Matanic, Bart) (Entered: 02/09/2005)	RECAP
23	Feb. 18, 2005	PROPOSED SCHEDULING ORDER by Missouri Protection & Advocacy Services, Missouri Department of Mental Health, Dorn Schuffman. (Finkelstein, Michael) (Entered: 02/18/2005)	RECAP
24	Feb. 24, 2005	SCHEDULING ORDER: Discovery due by 5/6/2005. Pretrial Conference set for 8/15/2005 08:30 AM in District Courtroom, Jefferson City(djc) before Nanette Laughrey. Bench Trial set for 8/15/2005 09:00 AM in District Courtroom, Jefferson City(djc) before Nanette Laughrey.Dispositive Motions due by 5/20/2005. (Attachments: # 1 Memo on PTC)(Kanies, Renea) (Entered: 02/24/2005)	RECAP
25	Feb. 24, 2005	RULES OF TRIAL (Kanies, Renea) (Entered: 02/24/2005)	RECAP
26	Feb. 25, 2005	AMENDED SCHEDULING ORDER (to correct clerical error with trial date). Discovery due by 5/6/2005. Pretrial Conference set for 8/15/2005 at 08:30 AM in District Courtroom, Jefferson City(djc) before Nanette Laughrey. Bench Trial set for 8/15/2005 09:00 AM in District Courtroom, Jefferson City(djc) before NanetteLaughrey.Dispositive Motions due by 5/20/2005. (Attachments: # 1 Memo on PTC)(Kanies, Renea) (Entered: 02/25/2005)	RECAP
27	March 1, 2005	NOTICE OF APPEAL as to 18 Order on Motion for Summary Judgment,,,,, by Missouri Department of Mental Health. Filing fee $ 255, receipt number 225249. (Attachments: # 1)(Matanic, Bart) (Entered: 03/01/2005)	RECAP
28	March 22, 2005	TRANSMISSION of Notice of Appeal and docket sheet to US Court of Appeals re 27 Notice of Appeal (Price, Jackie) (Entered: 03/22/2005)	RECAP
	March 22, 2005	***Appeal Receipt of Notice of Appeal and supporting documents received by USCA on: Tue Mar 22 16:00:25 CST 2005 (Price, Jackie)
	March 24, 2005	US COURT OF APPEALS 8th Circuit CASE NUMBER 05-1780 for 27 Notice of Appeal filed by Missouri Department of Mental Health,. (Bax, Laura)
29	May 19, 2005	MOTION for summary judgment filed byMichael H. Finkelstein on behalf of Missouri Protection & Advocacy Services Suggestions in opposition/response due by 6/21/2005 unless otherwise directed by the court (Finkelstein, Michael) (Entered: 05/19/2005)	Clearinghouse
30	May 19, 2005	MOTION for summary judgment on Sec. 1983 Claim filed byBart A. Matanic on behalf of Missouri Department of Mental Health, Dorn Schuffman Suggestions in opposition/response due by 6/21/2005 unless otherwise directed by the court (Attachments: # 1)(Matanic, Bart) (Entered: 05/19/2005)	RECAP
31	June 14, 2005	SUGGESTIONS in opposition to motion for summary judgment re 29 MOTION for summary judgment filed by Bart A. Matanic on behalf of Defendants Missouri Department of Mental Health, Dorn Schuffman. Reply suggestions due by 6/29/2005 unless otherwise directed by the court (Related document(s) 29 ) (Matanic, Bart) (Entered: 06/14/2005)	RECAP
32	June 20, 2005	MOTION for extension of time Within Which to File Suggestions in Opposition to Defendants' Motion for Summary Judgment filed byMichael H. Finkelstein on behalf of Missouri Protection & Advocacy Services Suggestions in opposition/response due by 7/5/2005 unless otherwise directed by the court (Finkelstein, Michael) (Entered: 06/20/2005)	RECAP
33	June 21, 2005	ORDER entered by Judge Nanette Laughrey granting 32 MOTION for extension of time Within Which to File Suggestions in Opposition to Defendants' Motion for Summary Judgment. Plaintiff's opposition is due 7/1/1005. (Text entry only - no document attached) (Kanies, Renea) (Entered: 06/21/2005)	RECAP
34	June 29, 2005	REPLY SUGGESTIONS to motion re 29 MOTION for summary judgment filed by Michael H. Finkelstein on behalf of Plaintiff Missouri Protection & Advocacy Services. (Related document(s) 29 ) (Finkelstein, Michael) (Entered: 06/29/2005)	RECAP
35	July 1, 2005	SUGGESTIONS in opposition to motion for summary judgment re 30 MOTION for summary judgment on Sec. 1983 Claim filed by Michael H. Finkelstein on behalf of Plaintiff Missouri Protection & Advocacy Services. Reply suggestions due by 7/18/2005 unless otherwise directed by the court (Related document(s) 30 ) (Finkelstein, Michael) (Entered: 07/01/2005)	RECAP
36	July 6, 2005	ORDER SETTING MONDAY, AUGUST 15, 2005, TRIAL DOCKET (2 WEEK DOCKET).(Smith, Fran) (Entered: 07/06/2005)	RECAP
37	July 7, 2005	REPLY SUGGESTIONS in support re 30 MOTION for summary judgment on Sec. 1983 Claim filed by Bart A. Matanic on behalf of Defendants Missouri Department of Mental Health, Dorn Schuffman. (Related document(s) 30 ) (Matanic, Bart) Modified on 7/14/2005 to correct event name(James, Carrie). (Entered: 07/07/2005)	RECAP
38	July 11, 2005	MOTION to set aside 36 Order Setting Trial filed byMichael H. Finkelstein on behalf of Missouri Protection & Advocacy Services Suggestions in opposition/response due by 7/26/2005 unless otherwise directed by the court (Related document(s) 36 ) (Finkelstein, Michael) (Entered: 07/11/2005)	RECAP
39	July 12, 2005	AMENDED NOTICE of hearing - Settlement Conference RESET for 8/2/2005 09:30 AM in Magistrate Courtroom, Jefferson City (WAK) before William Knox. (Price, Jackie) (Entered: 07/12/2005)	RECAP
	July 12, 2005	Settlement Conference set for 7/21/2005 at 9:30 AM in Magistrate Courtroom, Jefferson City (WAK) before William Knox. Signed by Judge William A. Knox on 7/12/05. (Price, Jackie)
40	July 19, 2005	ORDER entered by Judge Nanette Laughrey. Plaintiff's Motion for Summary Judgment [Doc. 29] is DENIED. It is further ORDERED that Defendants' Motion for Summary Judgment [Doc. 30] is GRANTED. It is further ORDERED that Defendants' Motion to Stay Execution of Judgment [Doc. 20] is GRANTED. It is further ORDERED that Plaintiff's Motion to Set Aside Trial [Doc. 38] is GRANTED. (Kanies, Renea) (Entered: 07/19/2005)	Clearinghouse
41	Aug. 1, 2005	NOTICE of CANCELLATION: settlement conference scheduled for 8/2/05 has been cancelled. (Price, Jackie) (Entered: 08/01/2005)	RECAP
42	Aug. 8, 2005	CLERK'S JUDGMENT (Kanies, Renea) (Entered: 08/08/2005)	RECAP
43	Aug. 17, 2005	NOTICE OF APPEAL as to 40 Order on Motion to Set Aside,, Order on Motion to Stay,, Order on Motion for Summary Judgment,,, by Missouri Protection & Advocacy Services. Filing fee $ 255, receipt number 237454. (Finkelstein, Michael) (Entered: 08/17/2005)	RECAP
44	Aug. 22, 2005	TRANSMISSION of Notice of Appeal and docket sheet to US Court of Appeals re 43 Notice of Appeal (James, Carrie) (Entered: 08/22/2005)	RECAP
	Aug. 22, 2005	***Appeal Receipt of Notice of Appeal and supporting documents received by USCA on: Mon Aug 22 13:20:18 CDT 2005 (James, Carrie)
	Aug. 24, 2005	US COURT OF APPEALS 8th Circuit CASE NUMBER 05-3303 for 43 Notice of Appeal filed by Missouri Protection & Advocacy Services. (Bax, Laura)
45	May 15, 2006	Appeal Remark re 27 Notice of Appeal, 43 Notice of Appeal: advance opinion (Bax, Laura) (Entered: 05/15/2006)	RECAP
46	June 6, 2006	USCA JUDGMENT AND MANDATE as to 27 Notice of Appeal filed by Missouri Department of Mental Health,, 43 Notice of Appeal filed by Missouri Protection & Advocacy Services, with mandate issued on 6/2/06 (Attachments: # 1 Opinion)(James, Carrie) (Entered: 06/06/2006) 1 View on RECAP	RECAP
47	June 22, 2006	PROPOSED BILL OF COSTS by Missouri Protection & Advocacy Services.Objections to Bill of Costs due by 7/7/2006 (Finkelstein, Michael) (Entered: 06/22/2006)	RECAP
48	July 25, 2006	COSTS TAXED in amount of $ $255.00 against defendants (Elayer, Glenda) (Entered: 07/25/2006)	RECAP

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Case Details

State / Territory:

Missouri

Case Type(s):

Disability Rights

Key Dates

Filing Date: April 5, 2004

Closing Date: May 10, 2006

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

Missouri Department of Mental Health

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

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

Other Dockets:

Western District of Missouri 2:04-cv-04064

U.S. Court of Appeals for the Eighth Circuit 05-01780

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Required disclosure

Issues

General/Misc.:

Records Disclosure

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing

Recommended Citation

Case Summary of Missouri Protection & Advocacy Services v. Missouri Department of Mental Health, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/18438/ (last updated 3/18/2023).