42 U.S.C. § 15041
Purpose
The purpose of this part is to provide for allotments to support a protection and advocacy system (referred to in this part as a “system”) in each State to protect the legal and human rights of individuals with developmental disabilities in accordance with this part.
Notes of Decisions
Cited in 27
cases (10 in the last 5 years), 2001–2026 · leading case: Feist v. Louisiana, Dep't of Just., Off. of the Attorney Gen., 730 F.3d 450 (5th Cir. 2013).
Feist v. Louisiana, Dep't of Just., Off. of the Attorney Gen., 730 F.3d 450 (5th Cir. 2013). “See 42 U.S.C. § 15041 etseq. 3 . This specific three-part formulation has not been set out by the Fifth Circuit, but similar elements are present across cases.”
Michigan Prot. & Advocacy Serv., Inc. v. Flint Cmty. Schs., 146 F. Supp. 3d 897 (E.D. Mich. 2015). “,in each State to protect the legal and human rights of individuals with devel-opméntal disabilities in accordance with this part,” 42 U.S.C. § 15041 ; and “to support a system in each State to protect the legal and human rights of individuals with disabilities”, whose interests…”
Hawai'i Disability Rights Cent v. Christina Kishimoto, 122 F.4th 353 (9th Cir. 2024). “See 42 U.S.C. § 15041 . Because HDRC may seek relief for its IDEA claim in an IDEA administrative hearing, HDRC is bound by the IDEA’s administrative exhaustion requirement for that claim, see 20 U.”
Trueblood v. Washington State Dep't of Soc. & Health Servs., 101 F. Supp. 3d 1010 (W.D. Wash. 2015). “DRW is a private non-profit organization designated by the Governor of the State of Washington as the protection and advocacy system for individuals with mental, physical, sensory, and developmental disabilities in the state of Washington pursuant to the Developmental…”
Advocacy Ctr. for the Elderly & Disabled v. Louisiana Dep't of Health & Hospitals, 731 F. Supp. 2d 603 (E.D. La. 2010). “§ 794e, as well as the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. § 15041 , et seq. 2 . Plaintiffs initially included the Louisiana Department of Health and Hospitals as a der L , , tendant, but voluntarily dismissed it m response to…”
Connecticut Off. of Prot. & Advocacy for Persons With Disabilities v. Hartford Bd. of Educ., 355 F. Supp. 2d 649 (D. Conn. 2005). “” 42 U.S.C. § 15041 ; 42 U.S.C. § 15042 . In order to qualify for such funds, a state must have in place a system that is authorized to provide effective advocacy for and protection of the rights of developmentally disabled persons.”
Iowa Prot. & Advocacy Servs., Inc. v. Rasmussen, 206 F.R.D. 630 (S.D. Iowa 2001). “§ 15043 (a)(1); 42 U.S.C. § 15041 . The congressional findings in the PAIMI Act states that “[sjtate systems for monitoring compliance with respect to the rights of individuals with mental illness vary widely and are frequently inadequate.”
Capitol Park Ltd. Dividend Hous. Ass'n v. Jackson, 202 F. App'x 873 (6th Cir. 2006). “Specifically, Plaintiff alleged violations of the Developmental Disabilities Assistance Bill of Rights of 2000, 42 U.S.C. § 15041 (2000); the Fair Housing Act of 1968, 42 U.”
Hawai'i Disability Rights Ctr. v. Cheung, 513 F. Supp. 2d 1185 (D. Haw. 2007). “]” 42 U.S.C. § 15041 . As a condition to receiving funds, the Act specifically provides that States “shall have in effect” a system to protect and to advocate the rights of individuals with developmental *1194 disabilities, thus making the creation of P & A Systems a mandatory…”
Disability Rights Pa. v. Sch. Dist. of Phila., 377 F. Supp. 3d 482 (E.D. Pa. 2019). “§ 1983 , the Developmental Disabilities Assistance and Bill of Rights Act ("DD Act"), 42 U.S.C. §§ 15041 -45, *483 and the Protection and Advocacy for Individuals with Mental Illness Act ("PAIMI Act"), 42 U.”
Advocacy Ctr. for the Elderly & Disabled v. Louisiana Dep't of Health & Hospitals, 731 F. Supp. 2d 583 (E.D. La. 2010). “§ 794e, as well as the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. § 15041 , et seq. *588 ferred to Feliciana, but have not yet been transferred.”
Cunningham v. Fed. Bureau of Prisons, 222 F. Supp. 3d 959 (D. Colo. 2015). “Plaintiff was designated in 1977 by Governor Richard Lamm as Colorado’s protection and advocacy system (P & A System) to protect and advocate for the rights of persons with developmental disabilities under subtitle C of the Developmental Disabilities Assistance and Bill of…”
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