Case: Disability Rights Pennsylvania v. Erie County
1:19-cv-00062 | U.S. District Court for the Western District of Pennsylvania
Filed Date: March 7, 2019
Closed Date: Jan. 21, 2020
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Case Summary
This is a case about a Protection and Advocacy (P&A) agency’s access authority.
This lawsuit began after Disability Rights Pennsylvania (plaintiff) determined that it had probable cause to investigate the possible abuse and/or neglect of an individual with disabilities upon conducting an interview with a youth resident of a treatment unit in Erie County (defendant). Plaintiff obtained a signed authorization from the resident, who was a dependent in the custody of defendant that allowed defendant to release the resident’s records to plaintiff. Defendant denied plaintiff’s request to access records pertaining to the alleged abuse and/or neglect, stating that the authorization must be executed by the resident’s guardian and that defendant could not release the records on its own authority.
On March 7, 2019, plaintiff filed this lawsuit in the U.S. District Court for the Western District of Pennsylvania. Plaintiff alleged that defendant violated the Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, and the Developmental Disabilities Assistance and Bill of Rights (DD) Act, when defendant refused to provide access to records for purposes of investigating abuse and neglect. Plaintiff sought declaratory and injunctive relief on the basis that plaintiff was entitled to access the records. Judge Hon. Susan Paradise Baxter presided over this matter.
On May 29, 2019, the court approved a consent decree negotiated by the parties. The decree stated that plaintiff would have access to the records, and that the lawsuit would be dismissed with prejudice. On June 26, 2019, plaintiff filed a motion, requesting an award of $19,085 in attorney fees and litigation costs. On January 21, 2020, the court granted part of the motion, awarding $4,900 in attorney fees and $550 in litigation costs to plaintiff. The case is now closed.
Summary Authors
NDRN (7/5/2024)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14710284/parties/disability-rights-pennsylvania-v-erie-county-pennsylvania/
Baxter, Susan Paradise (Pennsylvania)
Favini, Andrew (Pennsylvania)
Shapira, Gary J. (Pennsylvania)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/14710284/disability-rights-pennsylvania-v-erie-county-pennsylvania/
Last updated April 10, 2026, 4:51 a.m.
Case Details
State / Territory:
Case Type(s):
Key Dates
Filing Date: March 7, 2019
Closing Date: Jan. 21, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Disability Rights Pennsylvania
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
County
Erie County
Defendant Type(s):
Facility 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:
Western District of Pennsylvania 1:19-cv-00062
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: 5,450
Issues
Disability and Disability Rights:
Case Summary of Disability Rights Pennsylvania v. Erie County, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/18524/ (last updated 7/5/2024).