Disability Rights N.Y. v. Wise

171 F.Supp.3d 54

Disability Rights New York, Plaintiff,

v.Jeff Wise, in his official capacity as Executive Director of the New York State Justice Center for the Protection of People with Special Needs, et al., Defendants.

1:15-cv-32 (GLS/CFH)

United States District Court, N.D. New York.

Signed March 18, 2016

FOR THE PLAINTIFF: ANDREW A. STECKER, ESQ., CLIFF ZUCKER, ESQ., MICHAEL W. GADOMSKI, ESQ.,

Disability Rights New York, 725 Broadway, Suite 450, Albany, NY 12207.

FOR THE DEFENDANTS: HON. ERIC T. SCHNEIDERMAN, New York State Attorney General, HELENA LYNCH, Assistant Attorney General, The Capitol, Albany, NY 12224.

MEMORANDUM-DECISION AND ORDER

Gary L. Sharpe, United States District Judge

I. Introduction

Plaintiff Disability Rights New York (DRNY) commenced this action against defendants Jeff Wise, in his official capacity as Executive Director of the New York State Justice Center for the Protection of People with Special Needs (hereinafter “the Justice Center”), and Robin A. Forshaw, in her official capacity as General Counsel of the Justice Center, pursuant to 42 U.S.C. § 1983, the Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act,¹ and the Developmental Disabilities Assistance and Bill of Rights Act of 2000² (hereinafter “the DD Act”). (See generally Compl., Dkt. No. 1.) Pending is defendants' motion to dismiss the complaint for failure to state a claim. (Dkt. No. 10.)³ For the reasons that follow, defendants' motion is denied.

II. Background⁴

In order to ensure that the rights of individuals with mental illness or developmental disabilities are protected, the PAIMI and DD Acts condition certain federal funding for states on the establishment of protection and advocacy (hereinafter “P & A”) systems. See 42 U.S.C. §§ 10801(b)(1), 10803, 15001(b)(2), 15043(a)(2)(A) ; Disability Advocates, Inc. v. N.Y. Coal. for Quality Assisted Living, Inc. , 675 F.3d 149, 152–53 (2d Cir.2012) ; Conn. Office of Prot. & Advocacy for Pers. with Disabilities v. Hartford Bd. of Educ. , 355 F.Supp.2d 649, 654 (D.Conn.2005), aff'd , 464 F.3d 229 (2d Cir.2006). DRNY, an independent nonprofit organization, is New York's designated P & A agency. (Compl. ¶¶ 1, 7-9.) The Justice Center, an agency within the New York State Executive Department, is charged with investigating reported incidents of abuse, neglect, or injury of persons with disabilities. (Id. ¶¶ 19-20.) Under the PAIMI and DD Acts, DRNY has the authority to review the records of individuals with mental illness or developmental disabilities under certain circumstances,⁵ including reports prepared by agencies charged with investigating alleged incidents of abuse, neglect, and injury of such individuals. (Id. ¶¶ 12-13, 15); see 42 U.S.C. §§ 10806(b)(3)(A), 15043(c)(2). When DRNY makes a request for access to such records, such records must be provided promptly. (Compl. ¶ 17); see 42 U.S.C. § 15043(a)(2)(J)(i) (requiring that requested records be provided not later than three business days after the P & A system makes a written request); 42 C.F.R. § 51.41(a) (“Access to records shall be extended promptly to all authorized agents of a P & A system.”). If access to such records is delayed or denied, DRNY must be promptly provided with a written statement of reasons for the denial. (Compl. ¶ 18); see 42 C.F.R. § 51.43 ; 45 C.F.R. § 1386.26.

In November 2012, F.S., an individual who suffered from a mental illness, committed suicide in a facility operated by the New York State Department of Corrections and Community Supervision (DOCCS). (Compl. ¶¶ 26-27.) In October 2014, DRNY reviewed a redacted version of an investigatory report completed by a predecessor agency of the Justice Center, which concluded that F.S. received inadequate mental health treatment during his incarceration. (Id. ¶¶ 26, 28-29, 31.) The information contained in the redacted report caused DRNY to determine it had probable cause to believe that F.S. was abused and neglected while in the custody of DOCCS. (Id. ¶ 31.) Based on that belief, DRNY requested that the Justice Center provide it with “a complete, unredacted copy of the investigatory records relating to F.S.” (Id. ¶ 32.) DRNY again requested F.S.' records on two subsequent occasions, but never received a response from the Justice Center. (Id. ¶¶ 34-35.)

In October 2013, DRNY received a complaint of abuse of L.B., who suffers from a mental illness and resided at a facility operated by the New York State Office of Mental Health. (Id. ¶¶ 36, 38.) On three separate occasions beginning in November 2013, DRNY requested that the Justice Center provide it with records regarding the alleged abuse of L.B. (Id. ¶¶ 39, 41, 43.) In March 2014, the Justice Center responded to DRNY, explaining that it had not yet completed its investigation into the alleged abuse of L.B. (Id. ¶ 44.) After contacting the Justice Center on three more occasions, and providing a signed release from L.B. authorizing the release of the requested records, in October 2014, DRNY received the Justice Center's report, which had been “heavily” redacted. (Id. ¶¶ 45, 47-48, 50, 52-53.)

In October 2013, DRNY also received a complaint of abuse and neglect of A.T., a minor with a developmental disability who resided in a facility licensed by the Office of Child and Family Services and approved by the New York State Education Department. (Id. ¶¶ 54, 56.) DRNY requested “all documents related to the Justice Center's investigation of the alleged abuse and neglect of A.T.” in April 2014. (Id. ¶ 57.) After providing a signed consent form from A.T.'s guardian authorizing the release of the requested records, the Justice Center provided DRNY “heavily” redacted documents. (Id. ¶¶ 58-60.)

In March 2014, DRNY received a complaint of abuse and neglect of R.T., a person with a developmental disability who resided in a facility licensed by the New York State Office for People with Developmental Disabilities. (Id. ¶¶ 61-63.) On March 20, 2014, DRNY requested “information regarding the steps the Justice Center took to investigate the alleged abuse and neglect,” and the Justice Center responded, on April 18, 2014, that it had not yet completed its investigation. (Id. ¶¶ 64-65.) Thereafter, DRNY contacted the Justice Center numerous times in April, May, and June 2014, by phone and mail, requesting an update on the status of the investigation and providing a release signed by R.T.'s guardian, authorizing release of the investigative file. (Id. ¶¶ 66, 68, 70, 73-74.) DRNY received no response to these requests until October 9, 2014, at which time the Justice Center provided “heavily” redacted documents. (Id. ¶¶ 67, 69, 72, 75-76.)

DRNY alleges that it made efforts to resolve the dispute regarding its right to timely access of unredacted records from the Justice Center, but the Justice Center maintained that it is not required to provide an investigative report to DRNY until the Justice Center has determined that the report is final, and further, it may redact from the records it provides DRNY information that identifies individuals reporting abuse or neglect to the Justice Center, staff members who are subject to abuse or neglect allegations, and individuals cooperating in investigations, as well as mental health provider records or information and individual service recipient information. (Id. ¶¶ 77-84, 86.) The Justice Center based its position on New York Executive Law § 558(b)(iii), New York Public Officers Law § 96, and New York Social Services Law § 496. (Id. ¶ 85.) Because it could not resolve the dispute, on January 9, 2015, DRNY commenced this action seeking a declaratory judgment that defendants have violated DRNY's rights under the PAIMI and DD Acts and New York Executive Law § 558, New York Public Officers Law § 96, and New York Social Services Law § 496, as interpreted and applied by defendants, are preempted by federal law. (Id. at 17–18.) DRNY further seeks an injunction ordering defendants to provide DRNY with complete, unredacted copies of all records requested pursuant to its P & A authority, including those regarding F.S., L.B., A.T., and R.T., as well as ordering defendants to provide timely and complete responses to all future records requests made pursuant to DRNY's P & A authority, and an award of attorney's fees and costs. (Id. at 18.) Shortly after this action was filed, defendants filed the pending pre-answer motion to dismiss, (Dkt. No. 10), which the court now considers.

III. Standard of Review

The standard of review applicable to Fed. R. Civ. P. 12(b)(6) motions is well settled and will not be repeated here. For a full discussion of the standard, the court refers the parties to its decision in Ellis v. Cohen & Slamowitz, LLP , 701 F.Supp.2d 215, 218 (N.D.N.Y.2010), abrogated on other grounds by Altman v. J.C. Christensen & Assocs., Inc. , 786 F.3d 191 (2d Cir.2015).

IV. Discussion

A. Access to Records Under the PAIMI and DD Acts

Defendants argue that DRNY's complaint should be dismissed because the PAIMI and DD Acts do not authorize the Justice Center to disclose anything other than what was included in its responses to DRNY. (Dkt. No. 10, Attach. 1 at 13-21.) Specifically, defendants contend that the PAIMI and DD Acts do not require disclosure of the information redacted by the Justice Center, and authorize the disclosure of only finalized reports. (Id. at 14–19.) Further, they assert that the Justice Center has not interfered with DRNY's federal mandates. (Id. at 19–20.) DRNY counters, and the court agrees, that it is authorized to review complete, unredacted records from the Justice Center, which must be provided in accordance with the required time lines. (Dkt. No. 16 at 8-19.)

DRNY seeks the records of F.S. and L.B. under the PAIMI Act, and the records of A.T. and R.T. under the DD Act. (Compl. ¶¶ 88-111.) As, defendants point out, the relevant provisions of the respective statutes are substantially identical. (Dkt. No. 10, Attach. 1 at 13 n.6.) In particular, under the PAIMI Act...