ILNews

Court: Suit doesn't belong in federal court

Back to TopCommentsE-mailPrintBookmark and Share

In a ruling that could impact pending litigation involving Indiana Protection and Advocacy Services, the 7th Circuit Court of Appeals decided the agency doesn't have standing to bring suits in federal court.

Just last week, U.S. District Judge David F. Hamilton of the Southern District of Indiana held in a separate suit brought by IPAS against the Indiana Department of Correction that IPAS could sue in federal court because it's independent of the governor and is funded by the federal government under the Protection and Advocacy of Mentally Ill Individuals Act (PAIMI).

But in Indiana Protection and Advocacy Services v. Indiana Family and Social Services Administration, et al., No. 089-3183, the 7th Circuit Court of Appeals decided today IPAS would have to file its suit in state court. IPAS sued FSSA, 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. The District Court held the defendants had to hand over the records because the victim was an adult and her parents weren't appointed her legal guardians. FSSA argued releasing the records would violate the victim's parents' privacy.

Instead of ruling on the issue of whether the records should have been released, the Circuit judges examined whether IPAS even had standing to sue in federal court. The federal statutes that created systems like IPAS to investigate abuse and neglect of people with mental illness don't give them an express right of action, wrote Chief Judge Frank Easterbrook. Also, Indiana hasn't enacted legislation or promulgated regulations giving IPAS the powers listed in 42 U.S.C Sections 10805 and 10806.

IPAS also can't pursue a federal suit under 42 U.S.C. Section 1983, because it's a state actor and not a person for purposes of the statute.

"Indiana might have established its 'system' as a private entity, the way legal services corporations are organized," wrote the chief judge. "But because Advocacy Services is a public agency rather than a private corporation or foundation, it cannot use Section1983 and must sue in state rather than federal court."

The federal appellate court also ruled the 11th Amendment bars the suit in federal court. Chief Judge Easterbrook likened the instant case to Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, 527 U.S. 627 (1999), in which the U.S. Supreme Court held the 11th Amendment blocks enforcement of patent claims against states and their agencies.

"We do not see any reason why patent holders should be turned away on grounds of sovereign immunity while other demands concerning information in state hands would be unaffected by that doctrine," he wrote.

The 7th Circuit vacated the District Court's judgment and remanded with instructions to dismiss for want of jurisdiction. It also noted some future decisions will need to tackle the problems that arise when a "system" established as a private organization sues in federal court to obtain information from a private medical provider or when it sues its home state in state court.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

ADVERTISEMENT