Sonnenberg v. Disability Rights Idaho, Inc. (In re D.T.)

• Decision Date: 07 March 2016
• Docket Number: Case No. 1:14-CV-00369-EJL
• Citation: 168 F.Supp.3d 1282
• Parties: In the Matter of Disability Rights Idaho Request for Ada County Coroner Records Relating to the Death of D.T., Erwin Sonnenberg, in his official capacity as Ada County Coroner, and Ada County, Plaintiffs/Counter-Defendants, v. Disability Rights Idaho, Inc., an Idaho nonprofit corporation, Defendant/Counter-Claimant.
• Court: U.S. District Court — District of Idaho

168 F.Supp.3d 1282

In the Matter of Disability Rights Idaho Request for Ada County Coroner Records Relating to the Death of D.T.,Erwin Sonnenberg, in his official capacity as Ada County Coroner, and Ada County, Plaintiffs/Counter-Defendants,

v.Disability Rights Idaho, Inc., an Idaho nonprofit corporation, Defendant/Counter-Claimant.

Case No. 1:14-CV-00369-EJL

United States District Court, D. Idaho.

Signed March 7, 2016

Sherry A. Morgan, Gene A. Petty, Boise, ID, for Plaintiffs/Counter-Defendants.

Amy Cunningham, Disability Rights Idaho, Pocatello, ID, Courtney Rose Holthus, Disability Rights Idaho, Boise, ID, for Defendant/Counter-Claimant.

MEMORANDUM DECISION AND ORDER

Edward J. Lodge, United States District Judge

This matter is before the Court on a Motion to Dismiss, Motion for Judgment on the Pleadings and Motion for Summary Judgment by Defendant/Counter-Claimant DisAbility Rights Idaho, Inc. (Dkt. 31) and a Motion for Summary Judgment by Plaintiffs/Counter-Defendants Erwin Sonnenberg, in his official capacity as Ada County Coroner, and Ada County (Dkt. 32). The issues have been fully briefed and are ripe for the Court's consideration.

Having fully reviewed the record herein, the Court finds that the facts and legal arguments are adequately presented in the briefs and record. Accordingly, in the interest of avoiding further delay, and because the Court conclusively finds that the decisional process would not be significantly aided by oral argument, the motions shall be decided on the record before this Court without a hearing.

FACTUAL BACKGROUND

This case arises from DisAbility Rights Idaho, Inc.'s (“DRI”) request for various reports prepared by Ada County Coroner Erwin Sonnenberg (hereinafter “Coroner”) during his investigation of the death of a patient at a local hospital.¹ DRI is a non-profit corporation which has been designated by the State of Idaho to protect and advocate on behalf of people with mental illness, as defined in the Protection and Advocacy for Individuals with Mental Illness Act of 1986, 42 U.S.C. § 10801 et. seq. (“PAIMI”).

In March 2014, D.T. was involuntarily committed at an inpatient psychiatric hospital located in Boise, Idaho. (Dkt. 31-2, ¶ 9.) Shortly thereafter, D.T. died. In the performance of his statutory duties under Idaho law, the Coroner investigated D.T.'s death, conducted an autopsy, prepared reports, and ruled D.T.'s death a suicide. (Dkt. 32-2, p. 2.)

At DRI's request, the psychiatric hospital provided DRI with the confidential patient records related to D.T.'s psychiatric care and treatment and the circumstances of D.T.'s death. (Dkt.) DRI alleges a review of such records led it to determine there was probable cause to believe that D.T.'s death may have resulted from abuse or neglect, and that it thereafter commenced its PAIMI investigation. (Id ., ¶ 14.)

In furtherance of this investigation, DRI sent the Coroner a letter on May 29, 2014 identifying itself as Idaho's Protection and Advocacy System (“P&A”), and requesting copies of any “autopsy reports, coroners' reports, inquest transcripts, investigative reports, medical and toxicology reports, and other records or documents that were reviewed or relied upon in reaching the conclusions and finding concerning [D.T.'s] death.” (Id ., ¶ 15.) After several rounds of discussion between the parties, the Coroner refused to provide D.T.'s records, and, together with Ada County, ultimately filed an action against DRI in Idaho State Court (“state court action”). The state court action sought a declaratory judgment holding the Coroner was not required by state or federal law to provide DRI with the records it requested related to D.T.'s suicide, and that providing such records to DRI would violate the privacy rights of D.T., D.T.'s family, and/or individuals who interacted with D.T. (Dkt. 1-3.)

DRI removed the state court action to this Court and filed a counterclaim against the Coroner. (Dkt. 1; Dkt. 5.) DRI's counterclaim seeks injunctive and declaratory relief under PAIMI and 42 U.S.C. § 1983, as well as attorney fees and costs under § 1983. After the Coroner and Ada County unsuccessfully moved to remand this action to state court,² the parties filed the pending motions. The Department of Justice subsequently submitted a Statement of Interest pursuant to 28 U.S.C. § 517 because this case involves the proper interpretation and application of federal law. (Dkt. 40.)

STATUTORY BACKGROUND

Congress enacted PAIMI in 1986 after finding individuals with mental illness “are subject to neglect, including lack of treatment, adequate nutrition, clothing, health care, and adequate discharge planning.” 42 U.S.C. § 10801(a)(3). PAIMI helps protect and advance the interests of those with mental illness by requiring, as a condition of federal funding, that states establish P&A systems with authority to investigate and remedy suspected abuse or neglect. 42 U.S.C. § 10803. Under PAIMI, states may designate either an independent state agency or a private entity as their P&A. 42 U.S.C. § 10802(2). DRI, a private entity, is Idaho's designated P&A system. (Dkt.)

Under PAIMI, DRI has the power to “pursue administrative, legal, and other appropriate remedies to ensure the protection of individuals with mental illness who are receiving care or treatment in the state.” 42 U.S.C. § 10805(a)(1)(B). To further these objectives, DRI has extensive authority to access individuals, patient records, and public and private facilities.³ 42 U.S.C. 10805(a)(3) ; see also Alabama Disabilities Advocacy Program v. J.S. Tarwater Developmental Ctr ., 97 F.3d 492, 497 (11th Cir.1996) (hereinafter “Tarwater ”)(“It is clear that [PAIMI] provides express authority for P&As to gain broad access to records, facilities, and residents to ensure that [PAIMI's] mandates can be effectively pursued.”).

When incidents of abuse and neglect of individuals with mental illness are either reported to a P&A, or where the P&A has probable cause⁴ to believe such incidents have occurred, a P&A such as DRI shall, “in accordance with section 10806 ... have access to all records of ... any individual who is a client of the system if such individual, or the legal guardian, conservator, or other legal representative of such individual, has authorized the system to have such access.” 42 U.S.C. § 10805(A)(4). PAIMI further provides the P&A shall have access to all records of:

any individual (including an individual who has died or whose whereabouts are unknown)

(i) who by reason of the mental or physical condition of such individual is unable to authorize the system to have such access;

(ii) who does not have a legal guardian, conservator, or other legal representative, or for whom the legal guardian is the State; and

(iii) with respect to whom a complaint has been received by the system or with respect to whom as a result of monitoring or other activities (either of which result from a complaint or other evidence) there is probable cause to believe that such individual has been subject to abuse or neglect.

42 U.S.C. § 10805(B).

Although § 10805 does not define the term “records,” several courts have concluded the definition of “records” in § 10806 is applicable to the term as used in § 10805. See Pennsylvania Prot. & Advocacy, Inc. v. Houstoun , 228 F.3d 423, 426 (3d Cir.2000) ; Connecticut Office of Prot. and Advocacy for Persons with Disabilities v. Hartford Bd. of Educ. , 355 F.Supp.2d 649, 660 (D.Conn.2005) ; Iowa Prot. and Advocacy Services, Inc. v. Gerard Treatment Programs, L.L.C. , 152 F.Supp.2d 1150, 1160 (N.D.Iowa 2001) ; Ctr. for Legal Advocacy v. Hammons , 323 F.3d 1262, 1272 n. 7 (10th Cir.2003) (“We agree with the Third Circuit that §§ 10805 and 10806 should not be read in isolation. Section 10806 amplifies and describes what kind of records are included in those records to which a P&A System has access under § 10805 [.]”). Therefore, for purposes of the relevant provisions of PAIMI, the term “records” includes:

Reports prepared by any staff of a facility rendering care and treatment or reports prepared by an agency charged with investigating reports of incidents of abuse, neglect, and injury occurring at such facility that describe incidents of abuse, neglect, and injury occurring at such facility and the steps taken to investigate such incidents, and discharge planning records.

42 U.S.C. § 10806(b)(3)(A).

In this case, it is undisputed that D.T. was a patient involuntarily committed at an inpatient psychiatric hospital located in Boise in or about March, 2014. (Dkt. 5, ¶ 32; Dkt. 8, p. 3.) As such, D.T. meets the definition of an “individual with mental illness” who was an inpatient or resident in a “facility” rendering care and treatment pursuant to PAIMI. See 42 U.S.C. § 10802(4)(B)(i)(I), § 10802(3). It is also undisputed that D.T. committed suicide while receiving psychiatric care and treatment at the hospital. (Dkt. 5, ¶ 33; Dkt. 8, pp. 3-4.) The primary issue in this case is thus whether the Coroner can be considered “an agency charged with investigating reports of incidents of abuse, neglect, and injury” occurring at a facility for patients with mental illness. DRI contends the records the Coroner compiled in the course of the investigation of D.T.'s death fall within the “records” definition enumerated within PAIMI. Ada County and the Coroner counter the Coroner is not an “agency” as used in the definition of “records” under PAIMI, and that DRI is accordingly not entitled to the Coroner's records.

STANDARD OF REVIEW

The Court should grant summary judgment if there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. Proc. 56(c). If the moving party shows that there are no genuine issues of material fact, the nonmoving party must go beyond the pleadings and designate facts showing an issue for trial. Celotex Corp. v. Catrett , 477 U.S. 317, 322–23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). A mere scintilla of evidence, or...