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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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