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7th Circuit won't stay ruling, despite likely SCOTUS appeal

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The 7th Circuit Court of Appeals won’t stay its ruling that allows an independent state agency access to records about mentally ill inmates’ treatment, even though the Indiana government agency being sued is appealing to the Supreme Court of the United States.

In a four-page order issued Wednesday in the case of Indiana Protection and Advocacy Services v. Indiana Family and Social Services Administration, et al., No. 08-3183, Judge David F. Hamilton explained why the full appellate court wouldn’t backtrack from its April 22 ruling on the case out of the Southern District of Indiana.

In April, Judge Hamilton wrote a 63-page decision for an en banc court that found Indiana Protection and Advocacy Services has the right to sue and its case shouldn’t be dismissed. Affirming U.S. Judge Larry McKinney’s decision, the appeals court held the 11th Amendment does not bar plaintiff IPAS from seeking injunctive and declaratory relief against state officials because the federal Protection and Advocacy for Individuals with Mental Illness Act of 1986 provides that cause of action, and the plaintiff is entitled to access peer review records of treatment of covered mentally ill patients.

IPAS, a state-created agency aimed at protecting and advocating for the rights of those with disabilities, filed a lawsuit in late 2006 against Family and Social Services Administration, LaRue Carter Memorial Hospital, and several state officials in order to gain records on a mentally disabled adult patient who died while at LaRue Carter to find out if she was a victim of abuse. Judge McKinney had decided the defendants had to hand over the records because the victim was an adult and her parents weren't appointed her legal guardians, but FSSA argued that releasing the records would violate the victim's parents' privacy.

The 7th Circuit mandated that IPAS have access to the records, but the defendants in early May filed a motion to stay that mandate while it appealed to the nation’s highest court.

Standing by the 7th Circuit’s previous ruling, Judge Hamilton said FSSA’s plan to seek certiorari before the SCOTUS isn’t enough to stay the order and that it won’t be irreparably harmed by the access. The judges en banc agreed to deny the motion, with Judge Hamilton writing that there is no Circuit split nationally on two of the three issues being appealed – the plaintiff’s right to sue under the act and access to peer review records. Another certiorari request is pending on a 4th Circuit case involving the 11th Amendment issue, the court noted.

“In sum, the balance weighs against granting a stay of the mandate even if there was a reasonable possibility that certiorari may be granted,” Judge Hamilton wrote. “The disclosure of information would be to an independent government agency with its own legal obligations to maintain the confidentiality of the documents in question. The plaintiffs had to wait nearly four years after Patient 1’s death for access to the peer review documents, stymying its ability to effectively protect and advocate on behalf of the other individuals with mental illness. There will be no invasion of Patient 1’s privacy, for Patient 1 is deceased. Whatever interests the care giving entities or doctors and other individual care givers might have in the privacy of information about their treatment of Patient 1 will be adequately protected by the plaintiff’s own legal obligations of confidentiality.”

The court determined it would be adequate to issue an order granting plaintiff access to the records, but reserving the right to order the plaintiff to return all copies and derivative notes in case justices grant cert and reverse the 7th Circuit ruling.

The Indiana Attorney General’s Office is representing FSSA, and while it intends to file an appeal with the SCOTUS, the appellate court docket shows that hasn’t been done yet. Attorney General spokesman Bryan Corbin said the office on Thursday filed in the Supreme Court a 103-page application for immediate recall and stay of mandate, pending certiorari to the high court.
 

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  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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