S.Ct.: Cert denied in Ind. FSA v. IPAS

On April 25, 2011, less than a week after issuing the VOPA decision (see our blog here), the Supreme Court denied certiorari in Indiana Family and Social Services Administration v. Indiana Protection and Advocacy Services.  2011 WL 1529809.  The en banc Seventh Circuit had ruled in favor of IPAS, holding that there was an implied private right of action in the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI)  for the P&A program to seek peer review records of treatment of mentally ill patients from a state hospital.  603 F.3d 365 (7th Cir. Apr. 22, 2010) (see our posting here). If the Supreme Court had affirmed the Fourth Circuit in VOPA, then the Seventh Circuit’s decision in IPAS would have been in line for reversal, because IPAS, like VOPA, was established as a state agency.  While the Supreme Court’s reversal of the Fourth Circuit in VOPA did not address the implied private right of action issue decided in IPAS, the denial of certiorari leaves the en banc Seventh Circuit’s wonderful ruling intact.  Seth Galanter of Morrison Foerster represented IPAS as well as VOPA.

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