PsychRights®
                   Law Project for
              Psychiatric Rights

Ben Hansen v. Michigan Department of Community Health (MDCH)
(Freedom of Information Act Request)

Summary (from June 12, 2007, Appeal Docketing Statement)

Plaintiff filed a civil action under the Freedom of Information Act, M.C.L. 15.231 et seq., seeking records from the Michigan Department of Community Health pertaining to a program funded by Eli Lilly. (Millions of Medicaid dollars are spent each year on psychiatric drugs. Information regarding this program and the distribution of the drugs were and are the subject of the FOIA requests and action.) Defendant moved for dismissal pursuant to M.C.R. 2.116 (C)(7)(8)(1O). At a hearing on November 1,2006, the parties agreed that certain documents would be made available and other documents would be made available for an "in camera" inspection by Plaintiffs counsel. The Court entered an order ("Order for Private Review of Records") on November 6, 2006 providing for the documents to be turned over and the "in camera" inspection. (Roughly 500 pages of documents were turned over.) Following this review the dispute was narrowed to two categories of records: (1) Michigan Under 5 Detail Drugs and Quality Indicator; and (2) Patients On 5 or More Concurrent Behavioral Drugs. (In simple terms, Plaintiff was and is seeking information [not personal data or information] or statistics on psychiatric drugs being administered to children under 5 years of age and information/statistics (again not personal information) on people being given multiple psychiatric drugs). The hearing on the motion was summary disposition was reconvened on March 21, 2007. The Court issued its opinion and order which was entered on May 1, 2007 dismissing the case and awarding attorneys' fees in the nature of sanctions.

Administrative Proceedings

Trial Court Proceedings