Case: Jeffrey O. v. City of Boca Raton

9:03-cv-80178 | U.S. District Court for the Southern District of Florida

Filed Date: March 7, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On March 7, 2003, a group of recovering alcoholics and drug addicts filed a lawsuit under the Fair Housing Act, the Americans with Disabilities Act, and 42 U.S.C. § 1983 against the City of Boca Raton in the United States District Court, Southern District of Florida. The plaintiffs, represented by private counsel, asked the court for declaratory, injunctive, and monetary relief, claiming that an ordinance enacted by the city unlawfully prohibited drug and alcohol recovery facilites from operat…

On March 7, 2003, a group of recovering alcoholics and drug addicts filed a lawsuit under the Fair Housing Act, the Americans with Disabilities Act,

and 42 U.S.C. § 1983 against the City of Boca Raton in the United States District Court, Southern District of Florida. The plaintiffs, represented by private counsel, asked the court for declaratory, injunctive, and monetary relief, claiming that an ordinance enacted by the city unlawfully prohibited drug and alcohol recovery facilites from operating within residentially zoned areas. Specifically, the plaintiffs claimed that they were direct targets of the ordinance which was passed in response to public outcry to remove the plaintiffs from residential neighborhoods.

On February 26, 2007, the court (Donald M. Middlebrooks) entered judgment in favor of the plaintiffs as to their Fair Housing Act claims. The plaintiffs were awarded nominal damages and the city was enjoined from enforcing section 2 of Ordinance 4649 and Section 28-2 as applied to recovering individuals.

After litigation over attorney fees and a failed appeal by the city, the case was closed.

Summary Authors

Gregory Pitt (7/31/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5439197/parties/jeffrey-o-v-city-of-boca-raton/


Judge(s)

Johnson, Linnea R. (Florida)

Middlebrooks, Donald M. (Florida)

Paine, James Carriger (Florida)

Attorneys(s) for Plaintiff

Antorcha, Juan Carlos (Florida)

Berg, Randall Challen Jr. (Florida)

Gibson, Gerry S (Florida)

Green, James K. (Florida)

Hill, William King (Florida)

Nieto, Gabrial Ernesto (Florida)

Siegel, Peter Michael (Florida)

Judge(s)

Johnson, Linnea R. (Florida)

Middlebrooks, Donald M. (Florida)

Paine, James Carriger (Florida)

Attorneys(s) for Plaintiff

Antorcha, Juan Carlos (Florida)

Berg, Randall Challen Jr. (Florida)

Gibson, Gerry S (Florida)

Green, James K. (Florida)

Hill, William King (Florida)

Nieto, Gabrial Ernesto (Florida)

Siegel, Peter Michael (Florida)

Vasquez, Melissa Pallet (Florida)

Attorneys(s) for Defendant

Cole, Jamie Alan (Florida)

Frieser, Diana Grub (Florida)

Mandel, Matthew Harris (Florida)

Documents in the Clearinghouse

Document

9:03-cv-80178

Docket

Jeffrey O v. City of Boca Raton

April 2, 2008

April 2, 2008

Docket
62

9:03-cv-80178

Motion to Dismiss Second Amended Complaint

Dec. 22, 2003

Dec. 22, 2003

Pleading / Motion / Brief
76

9:03-cv-80178

ORDER GRANTING IN PART DEFENDANT'S MOTION TO DISMISS SECOND AMENDED COMPLAINT

Feb. 23, 2004

Feb. 23, 2004

Order/Opinion
81

9:03-cv-80178

Third Amended Complaint

March 26, 2004

March 26, 2004

Complaint
109

9:03-cv-80178

CITY OF BOCA RATON' S MOTION FOR PARTIAL SUMMARY JUDGMENT

Sept. 18, 2006

Sept. 18, 2006

Pleading / Motion / Brief
111

9:03-cv-80178

CITY OF BOCA RATON'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT

Sept. 18, 2006

Sept. 18, 2006

Pleading / Motion / Brief
126

9:03-cv-80178

Order of Recusal

Nov. 1, 2006

Nov. 1, 2006

Order/Opinion
141

9:03-cv-80178

PLAINTIFFS’ MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT

Dec. 1, 2006

Dec. 1, 2006

Pleading / Motion / Brief
150

9:03-cv-80178

CITY OF BOCA RATON’S MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT (AND IN FAVOR OF CITY’S CROSS-MOTION)

Dec. 20, 2006

Dec. 20, 2006

Pleading / Motion / Brief
200

9:03-cv-80178

ORDER ON PARTIES’ MOTIONS FOR SUMMARY JUDGMENT

Jan. 17, 2007

Jan. 17, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5439197/jeffrey-o-v-city-of-boca-raton/

Last updated Sept. 4, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
200

ORDER denying 109 Motion for Summary Judgment, denying 140 Motion for Partial Summary Judgment, denying 143 Motion for Hearing, striking 149 Motion for Partial Summary Judgment, granting 157 Motion to Strike, denying as moot 182 Motion for Extension of Time to File Response/Reply . Signed by Judge Donald M. Middlebrooks on 1/17/2007. (sw)

Jan. 17, 2007

Jan. 17, 2007

RECAP
220

FINDINGS OF FACT AND CONCLUSIONS OF LAW JUDGMENT IN FAVOR OF PLAINTIFFS AWARDING NOMINAL DAMAGES. FINAL JUDGMENT TO ISSUE SEPARATELY Signed by Judge Donald M. Middlebrooks on 2/26/2007 (sw)

Feb. 26, 2007

Feb. 26, 2007

RECAP

Case Details

State / Territory: Florida

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 7, 2003

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Residents of drug and alcohol treatment facility

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Boca Raton, City

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Litigation

Amount Defendant Pays: Nominal damages

Order Duration: 2007 - 0

Issues

General:

Housing

Discrimination-area:

Zoning

Discrimination-basis:

Disability (inc. reasonable accommodations)