Case: Jobe O. v. Spitzer

1:03-cv-08331 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 20, 2003

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On October 20, 2003, a lawsuit against various New York state officials was filed on behalf of individuals in New York City jails awaiting treatment for their serious chemical dependency and mental illnesses under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. Plaintiff, represented by private counsel and legal aid, asked the court for declaratory and injunctive relief, claiming that they were incarcerated instead of being placed in treatment because the state failed to …

On October 20, 2003, a lawsuit against various New York state officials was filed on behalf of individuals in New York City jails awaiting treatment for their serious chemical dependency and mental illnesses under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. Plaintiff, represented by private counsel and legal aid, asked the court for declaratory and injunctive relief, claiming that they were incarcerated instead of being placed in treatment because the state failed to provide sufficient placements and programming.

On August 11, 2005, the Court (Judge Richard Conway Casey) denied Defendants' motion to dismiss because it was not clear that Plaintiffs had not exhausted administrative remedies.

On March 15, 2007, the Court (Magistrate Judge Kevin Nathanial Fox) denied Defendants' motion for a protective order and granted Plaintiffs' motion for sanctions against Defendants for failure to comply with discovery requests. Jobe O. v. Pataki, 2007 WL 844707 (S.D.N.Y. Mar. 15, 2007).

On December 5, 2007, the Court (Judge Colleen McMahon) issued a decision and order dismissing the complaint for lack of subject matter jurisdiction and granting leave to substitute an appropriate named plaintiff and move for class certification within ninety days. Jobie O. v. Spitzer, 2007 WL 4302921 (S.D.N.Y. Dec. 5, 2007). The Court found that the named plaintiff was not appropriate because he had been released from incarceration long before the complaint was filed.

When Plaintiff's counsel failed to substitute an appropriate named plaintiff within ninety days, the Court dismissed the complaint. Jobie O. v. Spitzer, 2008 WL 834002 (S.D.N.Y. Mar. 11, 2008). There has been no further action, and the case has been closed.

Summary Authors

Haley Waller (4/9/2011)

People


Judge(s)

Casey, Richard Conway (New York)

Fox, Kevin N. (New York)

McMahon, Colleen (New York)

Attorneys(s) for Plaintiff

Barr, Heather (New York)

Burnim, Ira Abraham (District of Columbia)

Harris, Ellen (District of Columbia)

Hendricks, Susan L. (New York)

Lubitz, David M. (New York)

Maxian, Michelle (New York)

Seltzer, Tamara Lynn (District of Columbia)

Judge(s)

Casey, Richard Conway (New York)

Fox, Kevin N. (New York)

McMahon, Colleen (New York)

Attorneys(s) for Plaintiff

Barr, Heather (New York)

Burnim, Ira Abraham (District of Columbia)

Harris, Ellen (District of Columbia)

Hendricks, Susan L. (New York)

Lubitz, David M. (New York)

Maxian, Michelle (New York)

Seltzer, Tamara Lynn (District of Columbia)

Steinberg, Shari Lynn (District of Columbia)

Stephens, Kenneth (New York)

Attorneys(s) for Defendant

Jaffe, William B. (District of Columbia)

Spitzer, Eliot (New York)

Documents in the Clearinghouse

Document

Docket

March 11, 2008 Docket
1

COMPLAINT

William G. v. Pataki

Oct. 20, 2003 Complaint
14

MEMORANDUM & ORDER

William G. v. Pataki

Aug. 11, 2005 Order/Opinion
39

MEMORANDUM AND ORDER

Jobe O. v. Pataki

2007 WL 844707

March 15, 2007 Order/Opinion
89

DECISION AND ORDER DISMISSING THE AMENDED COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION

Jobie O. v. Spitzer

2007 WL 4302921

Dec. 5, 2007 Order/Opinion
90

ORDER DISMISSING COMPLAINT

Jobie O. v. Spitzer

2008 WL 834002

March 11, 2008 Order/Opinion

Docket

Last updated May 11, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: New York

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Oct. 20, 2003

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals incarcerated in New York City jails awaiting treatment for their mental illness and chemical dependency

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Bazelon Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

State of New York, State

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Benefit Source:

Medicaid