Filed Date: April 11, 2003
Closed Date: 2007
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On April 11, 2003, three individuals with brain or spinal injuries who were on the waiting list for the Brain or Spinal Cord Injury Medicaid Home and Community Based Waiver Program (BSCI Waiver Program) filed a lawsuit against several Florida state officials under the Americans with Disabilities Act, 42 U.S.C. §1201 et seq.; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794(a); Title XIX of the Social Security Act, 42 U.S.C. §1396 et seq., and Due Process Clause in the U.S. District Court for the Northern District of Florida, Tallahassee Division. The plaintiffs, represented by public service attorneys, asked the Court for declaratory and injunctive relief, alleging that due to defendants' underfunding and poor administration, only 176 individuals were receiving BSCI Waiver Program services in Florida, despite a waiting list of 226 who met eligibility requirements.
On March 1, 2004, the Court (Judge Stephan P. Mickle) granted the plaintiffs' motion for class certification.
After a long period of discovery and negotiations, the parties reached a Settlement Agreement on October 10, 2006, according to which, defendants agreed to make it a priority to seek funding to expand the BSCI Waiver Program by at least 200 slots for the next three years.
On January 4, 2007, the Court (Judge Mickle) approved the Settlement Agreement and dismissed the case with prejudice.
Summary Authors
Kunyi Zhang (2/4/2011)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4715053/parties/dubois-v-medows/
Kornblum, Allan N. (Florida)
Mickle, Stephan P. (Florida)
Costello, Andrea Hope (Florida)
Finkel, Charles Alan (Florida)
MacInnes, Douglas B. (Florida)
See docket on RECAP: https://www.courtlistener.com/docket/4715053/dubois-v-medows/
Last updated April 19, 2025, 3:09 p.m.
State / Territory: Florida
Case Type(s):
Public Benefits/Government Services
Special Collection(s):
Key Dates
Filing Date: April 11, 2003
Closing Date: 2007
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A group of individuals with brain or spinal cord injuries who were on the waiting list for the Brain or Spinal Cord Injury Medicaid Home and Community Based Waiver Program.
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: $245,000
Issues
Benefits (Source):