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IND. PROT. AND ADV. SERVS. v. IND. FAMILY AND SOC.

No. 08-3183.

603 F.3d 365 (2010)

INDIANA PROTECTION AND ADVOCACY SERVICES, Plaintiff-Appellee, v. INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION; Anne W. Murphy, in her official capacity as Secretary of the Indiana Family and Social Services Administration; Gina Eckhart, in her official capacity as Director of the Division of Mental Health and Addiction; and Larry Lisak, in his official capacity as Superintendent of Larue Carter Memorial Hospital, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided April 22, 2010.

Attorney(s) appearing for the Case

Seth M. Galanter (argued), Morrison & Foerster LLP, Washington, DC, for Plaintiff-Appellee.

Thomas M. Fisher (argued), Office of the Attorney General, Indianapolis, IN, for Defendants-Appellants.

Alisa B. Klein (argued), Department of Justice, Civiol Division, Appellate Staff, Jonathan Lave, Paul, Weiss, Rifkind, Wharton & Garrison, LLP, Washington, DC, for Amicus Curiae.

Before EASTERBROOK, Chief Judge, and POSNER, FLAUM, KANNE, ROVNER, WOOD, WILLIAMS, SYKES, and HAMILTON, Circuit Judges.

HAMILTON, Circuit Judge.

Pursuant to the federal Protection and Advocacy for Individuals with Mental Illness Act of 1986 ("the PAIMI Act"), 42 U.S.C. § 10801 et seq., the district court ordered Indiana state officials and a state agency to give plaintiff Indiana Protection and Advocacy Services ("IPAS") access to records of two mentally ill patients in a state hospital. On appeal, a panel of this court reversed, finding that the Eleventh Amendment and...

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