US Supreme Court Allows VOPA to Sue DBHDS (Virginia Office for Protection and Advocacy, Department of Behavioral Health and Developmental Services‪)‬

In a 6-2 decision written by Justice Antonin Scalia, the United States Supreme Court held on April 19, 2011 that the Virginia Office for Protection and Advocacy ("VOPA"), an independent state agency, can sue on its own behalf the Virginia Department of Behavioral Health and Developmental Services ("DBHDS") under the Ex parte Young exception to the doctrine of sovereign immunity as embodied in the Eleventh Amendment to the United States Constitution. Virginia Office for Protection and Advocacy v. Stewart, Commissioner, et al. 563 U.S. -- (Docket No. 09-529), slip opinion found at: http://www.supremecourt.gov/opinions/10pdf/09-529.pdf. Agreeing that VOPA could bring suit on behalf of other individuals, DBHDS had argued that VOPA itself could not sue another state agency or its officials to enforce its federally created rights. In upholding the right of VOPA to sue, the Court reversed the decision of the Fourth Circuit Court of Appeals that decided such a suit would offend the sovereignty and dignity of the State. Virginia v. Reinhard, 568 F.3d 110 (4th Cir. 2009). The case will now return to the United States District Court in Richmond for a decision on the merits of whether VOPA may access privileged "peer review" information when investigating allegations of abuse. The case will be assigned presumably to Judge Robert E. Payne who originally determined that VOPA could sue another state agency's officials under Ex parte Young.