Case: Nevada Disability Advocacy & Law Center v. Willden
2:05-cv-00757 | U.S. District Court for the District of Nevada
Filed Date: June 17, 2005
Closed Date: June 5, 2007
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Case Summary
This is a case about a Protection and Advocacy (P&A) agency’s records access authority. On June 17, 2005, Nevada Disability Advocacy & Law Center (Nevada DALC), Nevada’s P&A, filed this lawsuit in the U.S. District Court for the District of Nevada. Nevada DALC filed this lawsuit against Michael J. Willden, the Director of Nevada’s Department of Human Resources, in his official capacity. 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, Nevada DALC sought injunctive relief requiring the Department provide them with records concerning multiple individuals with disabilities and a permanent enjoinment to ensure compliance with future records requests. Judge Philip Martin Pro presided over this matter.
Nevada DALC alleged that the Department did not provide them with records on behalf of numerous individuals in inpatient and group home settings. The Department asserted that the P&A could not access these records under P&A authorities. However, upon filing this lawsuit, the Department provided Nevada DALC with all the records that they requested, and changed its policy on releasing records to Nevada DALC to ensure compliance with the PAIMI Act and DD Act. The defendants subsequently filed a Motion to Dismiss, because these actions rendered Nevada DALC’s complaint moot. In April 5 2007, the court granted the Department’s Motion to Dismiss because no legal dispute existed after Department’s actions. The court reasoned that that the P&A could file subsequent litigation if the Department does not comply with the new policy, and thus their actions would not evade review. The case closed in April 2007. In June 5 2007, the court denied Nevada DALC’s Motion to Reconsider the dismissal.
Summary Authors
NDRN (3/19/2023)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6033551/parties/nevada-disability-advocacy-law-center-inc-v-michael-j-willden/
Pro, Philip Martin (Nevada)
Bigley, Lynne (Nevada)
Heaivilin, William (Nevada)
Sliwa, Susanne M (Nevada)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/6033551/nevada-disability-advocacy-law-center-inc-v-michael-j-willden/
Last updated April 9, 2026, 5:10 a.m.
Case Details
State / Territory:
Case Type(s):
Key Dates
Filing Date: June 17, 2005
Closing Date: June 5, 2007
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
Nevada Department of Human Resources
Defendant Type(s):
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:
District of Nevada 2:05-cv-00757
Available Documents:
Outcome
Prevailing Party: Defendant
Relief Granted:
Source of Relief:
Content of Injunction:
Issues
General/Misc.:
Disability and Disability Rights:
Case Summary of Nevada Disability Advocacy & Law Center v. Willden, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/18475/ (last updated 3/19/2023).