University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Alabama Disabilities Advocacy Program v. Wood JI-AL-0005
Docket / Court 2:07cv434-MHT ( M.D. Ala. )
State/Territory Alabama
Case Type(s) Disability Rights-Pub. Accom.
Juvenile Institution
Attorney Organization NDRN/Protection & Advocacy Organizations
Case Summary
On May 16, 2007, Alabama Disabilities Advocacy Program (the Protection and Advocacy organization for Alabama) filed suit in the United States District Court for the Middle District of Alabama against Alabama Department of Youth Services. Though plaintiff later amended the complaint to include ... read more >
On May 16, 2007, Alabama Disabilities Advocacy Program (the Protection and Advocacy organization for Alabama) filed suit in the United States District Court for the Middle District of Alabama against Alabama Department of Youth Services. Though plaintiff later amended the complaint to include greater detail of the parties' conduct throughout the course of litigation, the plaintiff's allegation remained that defendant's refusal to disclose records and to allow plaintiff to privately speak with residents violated the Individuals with Mental Illness Act, the Developmental Disabilities and Bill of Rights Act, the Individual Rights Program, and 42 U.S.C. 1983. Plaintiff sought declaratory judgment, injunctive relief, as well as attorney fees.

On October 10, 2007, the parties were ordered by the District Court (Hon. Myron H. Thompson) to determine whether any issues remained, and if so, to submit a joint report describing those issues. The parties submitted and amended this report a number of times. The Court denied plaintiff's motion for summary judgment, but later, on April 30, 2008, the Court dismissed the case because the parties agreed to settle.

On September 10, 2008, the Court signed a settlement agreement between the parties. The parties agreed on a plan for allowing plaintiff access to students and records in the Department of Youth Services, on a process for dispute resolution, and on allowing the court jurisdiction over the case until September 9, 2009. The agreement also required defendant to pay plaintiff's counsel the sum of $20,500.

Maurice Youkanna - 06/18/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Content of Injunction
Implement complaint/dispute resolution process
Monitoring
Required disclosure
Defendant-type
Corrections
Jurisdiction-wide
Disability
Mental impairment
General
Access to public accommodations - governmental
Assault/abuse by staff
Conditions of confinement
Confidentiality
Education
Juveniles
Pattern or Practice
Records Disclosure
Rehabilitation
Sex w/ staff; sexual harassment by staff
Unconstitutional conditions of confinement
Medical/Mental Health
Mental health care, general
Mental health care, unspecified
Mental Disability
Mental Illness, Unspecified
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
42 U.S.C. § 1983
Defendant(s) Alabama Department of Youth Services
Plaintiff Description Plaintiff is a private, non-profit Protection and Advocacy organization for the State of Alabama, who seeks to adhere to its federal mandate to protect the rights of the disabled youth.
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2008 - 2009
Case Closing Year 2009
Case Ongoing No
Docket(s)
2:07-cv-434 (M.D. Ala.) 09/10/2008
JI-AL-0005-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Injunctive and Declaratory Relief 05/16/2007
JI-AL-0005-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion for Summary Judgment 12/17/2007
JI-AL-0005-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 03/17/2008 (M.D. Ala.)
JI-AL-0005-0007 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Corrected Amended Complaint for Injunctive and Declaratory Relief 03/17/2008
JI-AL-0005-0009 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judgment 04/30/2008 (M.D. Ala.)
JI-AL-0005-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Joint Motion for Approval of Settlement Agreement and Retention of Jurisdiction [Settlement Agreement Attached] 09/05/2008
JI-AL-0005-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion 09/10/2008 (584 F.Supp.2d 1314) (M.D. Ala.)
JI-AL-0005-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Judgment and Injunction 09/10/2008 (M.D. Ala.)
JI-AL-0005-0008 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Thompson, Myron Herbert (N.D. Ala., M.D. Ala.)
JI-AL-0005-0001 | JI-AL-0005-0004 | JI-AL-0005-0007 | JI-AL-0005-0008 | JI-AL-0005-9000
Walker, Susan Russ (M.D. Ala.) [Magistrate]
JI-AL-0005-9000
Monitors/Masters None on record
Plaintiff's Lawyers Anderson, Nancy Ellen (Alabama)
JI-AL-0005-0001 | JI-AL-0005-0002 | JI-AL-0005-0009 | JI-AL-0005-9000
Hackney, James Patrick (Alabama)
JI-AL-0005-9000
Tucker, James A. (Alabama)
JI-AL-0005-0001 | JI-AL-0005-0002 | JI-AL-0005-0003 | JI-AL-0005-0005 | JI-AL-0005-0009 | JI-AL-0005-9000
Defendant's Lawyers Howard, Sancha O. Epiphane (Alabama)
JI-AL-0005-0001 | JI-AL-0005-9000
Perry, T. Dudley (Alabama)
JI-AL-0005-0001 | JI-AL-0005-0003 | JI-AL-0005-0005 | JI-AL-0005-9000
Other Lawyers None on record

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