Case: Disability Rights North Carolina v. Moses Cone Health Systems
1:11-cv-00812 | U.S. District Court for the Middle District of North Carolina
Filed Date: Sept. 30, 2011
Closed Date: Sept. 11, 2013
Clearinghouse coding complete
Case Summary
This is a case about whether a Protection and Advocacy (P&A) agency can use its access authority to receive peer review and internal investigation records regarding a deceased psychiatric facility resident. On September 30, 2011 Disability Rights North Carolina (Disability Rights NC) filed this lawsuit in the U.S. District Court for the Middle District of North Carolina. DR North Carolina filed this lawsuit against Moses Cone Health Systems (Moses Cone), a medical center with an inpatient psychiatric facility, under the Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act. Represented by itself, DR North Carolina sought injunctive relief that required Moses Cone provide plaintiffs with internal investigation records, root cause analyses, and other related records under its PAIMI Act investigatory authority. Judge William Lindsay Osteen Jr. presided over this matter.
Disability Rights NC began its investigation after they received a report that a Moses Cone’s use of restraints contributed to a resident’s death. Disability Rights NC requested the resident’s medical records, Moses Cone’s internal investigations, root cause analyses of the death, and related peer review records. Moses Cone provided some of these records and asserted that Disability Rights NC would need a court order for the remaining records. Moses Cone responded to Disability Rights NC’s complaint with a Motion to Dismiss for failure to state a claim that argued a North Carolina state law made the records they would not provide privileged materials. On January 17, 2013 the court denied Moses Cone’s Motion to Dismiss because the PAIMI Act pre-empts any state law on privileged records. Subsequently, Disability Rights NC filed a Motion for Judgment on the Pleadings. On September 11, 2013, the court granted Disability Rights NC’s motion because no dispute existed that Disability Rights NC demonstrated they had probable cause to begin a PAIMI Act investigation and requested these records. The case closed in September 2013. In November 2013, the court allowed and taxed Moses Cone for Disability Rights NC’s bill of costs.
Summary Authors
NDRN (12/19/2022)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4998877/parties/disability-rights-north-carolina-v-the-moses-cone-memorial-hospital/
Osteen, William Lindsay (North Carolina)
RITTELMEYER, JOHN R. (North Carolina)
SULLIVAN, KRISTINE L. (North Carolina)
LABBAN, ALLYSON JONES (North Carolina)
MURRAY, MAUREEN DEMAREST (North Carolina)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/4998877/disability-rights-north-carolina-v-the-moses-cone-memorial-hospital/
Last updated April 9, 2026, 5:10 a.m.
Case Details
State / Territory:
Case Type(s):
Key Dates
Filing Date: Sept. 30, 2011
Closing Date: Sept. 11, 2013
Case Ongoing: No
Plaintiffs
Plaintiff Description:
P&A as plaintiff
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
Non-profit or advocacy
Moses Cone Health Systems
Case Details
Causes of Action:
Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801
Other Dockets:
Middle District of North Carolina 1:11-cv-00812
Available Documents:
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Issues
Disability and Disability Rights:
Case Summary of Disability Rights North Carolina v. Moses Cone Health Systems, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/18452/ (last updated 12/19/2022).