Court: Suit doesn't belong in federal court

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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.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.