ILNews

SCOTUS denies case between Indiana agencies on 11th Amendment

Back to TopCommentsE-mailPrintBookmark and Share

The Supreme Court of the United States won’t take an Indiana case which delved into whether the 11th Amendment prohibits an independent state agency from suing a traditional state agency in federal court.

Justices on the nation’s highest court issued an order list Monday denying a writ of certiorari in the case of Indiana Protection and Advocacy Services v. Indiana Family and Social Services Administration, et al., No. 08-3183, a case involving the state’s practices and programs regarding mentally ill inmates and what access exists to information on inmates.

The Indiana Protection and Advocacy Services had sued the state in late 2006 in order to gain access to records on a mentally disabled adult patient who’d died while at LaRue Carter Memorial Hospital to find out if she had been an abuse victim. U.S. Judge Larry McKinney decided the defendants had to hand over the records because the victim was an adult and her parents weren’t appointed as legal guardians, but the FSSA argued that releasing the records would violate the victim’s parents’ privacy.

A three-judge appellate panel for the 7th Circuit Court of Appeals dismissed the suit, but in April 2010 the appellate court en banc reversed that panel ruling on the grounds that the 11th Amendment doesn’t bar the plaintiff IPAS from suing the FSSA. Specifically, the ruling found that the federal Protection and Advocacy for Individuals with Mental Illness Act of 1986 allows that – as well as peer review of records relating to treatment within that facility. Circuit Judge David F. Hamilton authored the majority en banc opinion that held the litigation could proceed, though Chief Judge Frank Easterbrook disagreed and wrote a dissent saying he’d dismiss and let the administrative process play out.

The SCOTUS ruled April 19 on a similar issue about the 11th Amendment out of Virginia – that a federal court can hear a lawsuit for prospective relief against state officials brought by another agency of the same state. The case was Virginia Office for Protection and Advocacy v. Stewart, No. 09-529.
 

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
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  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.

ADVERTISEMENT