Disability Rights Ohio v. Buckeye Ranch, Inc.

375 F.Supp.3d 873

DISABILITY RIGHTS OHIO, Plaintiff,

v.BUCKEYE RANCH, INC., Defendant.

Buckeye Ranch, Inc., Plaintiff,

v.Disability Rights Ohio, Defendant

Case No. 2:18-CV-894

Case No. 2:18-CV-906

United States District Court, S.D. Ohio, Eastern Division.

Signed March 26, 2019

Laura A. Osseck, Kerstin Sjoberg, Disability Rights Ohio, D. Wesley Newhouse, II, Michel Marie Jendretzky, Newhouse, Prophater, Kolman & Hogan, LLC, Columbus, OH, for Plaintiff.

Maribeth Meluch, Matthew Stephen Teetor, Isaac Wiles Burkholder & Teetor, LLC, Columbus, OH, for Defendant.

OPINION AND ORDER

EDMUND A. SARGUS, JR., CHIEF UNITED STATES DISTRICT JUDGE

This matter is before the Court on the motion filed by Disability Rights Ohio ("DRO"), in which it "requests that this Court issue a preliminary injunction, requiring Buckeye Ranch to permit [DRO] to have reasonable unaccompanied access to youth at the facility," and to be provided certain records in the possession of Buckeye Ranch (Case No. 18-cv-894, ECF No. 7 ),¹ and Buckeye Ranch's Motion for a Temporary Restraining Order ("TRO") in which it requests that the Court "prohibit [DRO] from unauthorized access to certain of its records and the youth who reside at the Buckeye Ranch" (Case No. 18-cv-906, ECF No. 2 ). For the reasons set forth below, and in accordance with this decision, the Court GRANTS DRO's Motion for Preliminary Injunction and DENIES Buckeye Ranch's Motion for Temporary Restraining Order.

I.

The Protection and Advocacy for Individuals with Mental Illness Act ("PAIMI"), 42 U.S.C. §§ 10801 – 10851 (2000), the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ("PADD"), 42 U.S.C. §§ 15001 – 15115 (2000), and the Protection and Advocacy of Individual Rights Act ("PAIR"), 29 U.S.C. § 794e (2000) (collectively, the "P & A Acts") authorize a protection and advocacy system ("P & A system") to "monitor the care of and advocate on behalf of individuals with mental illness and developmental or other disabilities." Connecticut Off. of Protec. and Advoc.For Persons With Disabilities v. Hartford Bd. of Educ. , 464 F.3d 229, 233 (2d Cir. 2006) (" Connecticut Office of P & A ") (citing 29 U.S.C. § 794e(a)(1) ; 42 U.S.C. §§ 10801, 15001 ). "To further these objectives, the P & A system ‘has extensive authority to access individuals, patient records, and public and private facilities.’ " Matter of Disability Rights Idaho Req. for Ada County Coroner Records Relating to the Death of D.T. ("Disability Rights Idaho "), 168 F.Supp.3d 1282, 1286 (D. Idaho 2016) (quoting 42 U.S.C. 10805(a) ); citing Alabama Disabilities Advocacy Program v. J.S. Tarwater Developmental Ctr. , 97 F.3d 492, 497 (11th Cir. 1996) (" 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.").

The P & A Acts "offer States federal money" and require "[a]s a condition of funding, a State must establish a [P & A] system ‘to protect and advocate the [rights of individuals with mental illness and developmental or other disabilities].’ " Virginia Off. For Protec. and Advoc. v. Stewart , 563 U.S. 247, 247, 131 S.Ct. 1632, 179 L.Ed.2d 675 (2011) (citing 42 U.S.C. § 15043(a)(1) ). "A participating State may appoint either a state agency or a private nonprofit entity as its P & A system, but if a state agency it must have authority to litigate and freedom from the control of other state agencies or officers." Id.

Plaintiff DRO is designated by the Governor of the State of Ohio as the P & A system for individuals with disabilities in Ohio. Exec. Orders 2012-05K and 2015-10K ; Ohio Rev. Code § 5123.60 -601. DRO is a non-profit corporation incorporated in the state of Ohio with its headquarters in Columbus, Ohio.

Defendant Buckeye Ranch is a non-profit corporation incorporated in the state of Ohio with its principal office in Grove City, Ohio. Buckeye Ranch provides mental health, drug and alcohol treatment, and other services to children and families, both through day services and a residential facility. Some of the children served may be subject to charges under the criminal laws of Ohio. Buckeye Ranch houses over 80 youth on average in its residential program, impacting more than 4,800 children and families each year. (Second Am. Compl. at 1, ECF No. 24, Case No. 2:18-cv-906.)

Buckeye Ranch's residential treatment facility is licensed by the State of Ohio Department of Mental Health and Addiction Services ("Ohio Department of Mental Health") and is a certified mental health agency. Buckeye Ranch is obligated to report any allegation of abuse and neglect to the Ohio Department of Mental Health in accordance with Ohio Revised Code § 2151.421. Buckeye Ranch avers that "[t]hese reports usually involve physical restraints of the children by staff." Id. ¶ 14. Buckeye Ranch states that it files approximately seventy of these reports each year. Id. ¶ 15.

The parties do not dispute that Buckeye Ranch is a facility subject to the P & A Acts. Nor do the parties dispute that the youth at Buckeye Ranch are protected by the P & A Acts, and that the individuals who are the subjects of the reports of abuse and neglect at issue in this action are wards of the state, as are nearly all the youth at Buckeye Ranch.

II.

The facts relied upon in this decision are found in the complaints filed by the parties in this case and the related case of Buckeye Ranch v. DRO , Case No. 18-cv-906, the parties' briefs, the testimony and documentary evidence offered with the briefing and at the Preliminary Injunction Hearing held February 20, 2019. (DRO's Second Am. Compl., ECF No. 34 ; Buckeye Ranch's Second Am. Compl., ECF No. 24 in Case No. 2:18-cv-906; DRO's Mot. for Prelim. Inj., ECF No. 7 ; DRO's Supp. Mem. to Mot. for Prelim. Inj., ECF No. 9 ; Buckeye Ranch's Mem. in Opp. to Mot. for Prelim. Inj. and Supp. Mem., ECF No. 10 ; Brief of DRO, ECF No. 12, Brief of Buckeye Ranch, ECF No. 13 ; DRO's Second. Supp. to Mot. for Prelim. Inj., ECF No. 15 ; DRO's Supp. Decl., ECF No. 17 ; Buckeye Ranch's Opp. to DRO Second Supp. to Mot. for Prelim. Inj., ECF No. 18.)

Additionally, while the Court has not determined whether to permit amici curiae, it has reviewed the briefing filed by those requesting to participate and taken into consideration any relevant argument made in the briefs. (Mot. of Acadia Healthcare Co., Inc. to Appear as Amicus Curiae in Support of Buckeye Ranch, ECF No. 19 ; DRO Mem. in Opp. to Mot. to Appear as Amicus, ECF No. 25, Reply in Support of Amicus Appearance, ECF No. 27 ; Mot. of Ohio Children's Alliance, Beech Brook, Hittle House, New Beginnings Residential Treatment Center, And St. Joseph Orphanage to Appear as Amici Curiae, ECF No. 49.)

The issues before the Court are based upon five incident reports received by DRO from the Ohio Department of Mental Health regarding the use of restraint techniques on four youth at Buckeye Ranch. DRO began investigations into these reports, asking Buckeye Ranch for video footage and certain records, which was provided. DRO has also requested additional records and interviews with the four individuals who were the subjects of these reports of abuse and neglect. Buckeye Ranch refused to provide some of the requested documents and denied DRO unaccompanied access to the subjects of the incident reports until it was able to obtain consent from the government agencies that are the legal guardians of the youth, which it was not able to obtain for all the youth.

III.

"A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of the equities tips in his favor, and that an injunction is in the public interest." Obama for Am. v. Husted , 697 F.3d 423, 428 (6th Cir. 2012) (citing Winter v. Natural Res. Def. Council, Inc. , 555 U.S. 7, 20, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008) ). In the Sixth Circuit, an "injunction will seldom be disturbed unless the district court relied upon clearly erroneous findings of fact, improperly applied the governing law, or used an erroneous legal standard." Id. (citing Mascio v. Pub. Emps. Ret. Sys. of Ohio , 160 F.3d 310, 312 (6th Cir. 1998) ).

IV.

DRO contends it has shown that it is likely to succeed on the merits of its claim that Buckeye Ranch is violating the P & A Acts by not providing it reasonable unaccompanied access to the youth who are the subjects of the reports of abuse and neglect, by not providing the requested additional records related to its investigation of those youth, and by not providing records of other restraints that have been documented within a particular time period.

Buckeye Ranch responds that DRO cannot show that it is likely Buckeye Ranch has violated or is violating the P & A Acts because (A) there was no statutory authority for DRO to even begin an investigation of the reports of abuse and neglect of the four youth who reside at Buckeye Ranch, (B) Buckeye Ranch provided all of the documents it was required to provide to DRO, and (C) Buckeye Ranch provided the required access to the youth who are the subjects of the reports of abuse and neglect.

A. Statutory Directive to Investigate Incidents of Abuse and Neglect

The P & A Acts provide the authority for a P & A system, like DRO, to "investigate incidents of abuse and neglect of persons with mental illness if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred." 42 U.S.C. § 10805(a)(1)(A). As such, both DRO and Buckeye Ranch agree that DRO is within its federal mandate to commence an investigation of abuse and neglect (1) "if the incidents are reported to" DRO, "or" (2) "if there is probable cause to believe that the incidents occurred." Id. Buckeye Ranch argues that, while only one of these triggering events is necessary, neither occurred.

There is no dispute that DRO...