Case Law Update: Records in 1983 Actions

Indiana Protection and Advocacy Services v. Indiana Family and Social Services Administration, No. 08-3183 (7/28/09) ruled that the district court lacked jurisdiction to consider plaintiff’s section 1983 action seeking turnover of mental health records under either Developmental Disabilities Assistance and Bill of Rights Act or Protection and Advocacy for Individuals with Mental Illness Act to determine whether patient was victim of abuse. Neither Act contained express private right of action, and plaintiff, as state agency, could not sue defendant, as another state agency, under section 1983. Moreover, 11th Amendment also barred instant cause of action. This seventh circuit decision will have a great impact on all Illinois cases.

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