Case: Cruz v. Arnold

1:10-cv-23048 | U.S. District Court for the Southern District of Florida

Filed Date: Aug. 17, 2010

Closed Date: March 16, 2012

Clearinghouse coding complete

Case Summary

This case emerged from Haddad v. Arnold. With slightly differing facts from others in the proposed class in Haddad, plaintiffs Luis Cruz and Nigel de la Torre filed this separate complaint in the U.S. District Court for the Southern District of Florida on April 15, 2011. The plaintiffs have spinal cord injuries that caused quadriplegia. Both have paralysis, use a wheelchair for mobility, and require assistance in their homes in order to perform daily life activities. Although both plaintiffs r…

This case emerged from Haddad v. Arnold. With slightly differing facts from others in the proposed class in Haddad, plaintiffs Luis Cruz and Nigel de la Torre filed this separate complaint in the U.S. District Court for the Southern District of Florida on April 15, 2011. The plaintiffs have spinal cord injuries that caused quadriplegia. Both have paralysis, use a wheelchair for mobility, and require assistance in their homes in order to perform daily life activities. Although both plaintiffs receive some in-home nursing through Medicaid, this is insufficient to meet their needs (about 2 hours a day of care). They are both on the waitlist for Florida Medicaid's traumatic brain and spinal cord injury waiver services, and the state administrators have responded negatively to their inquiries, indicating limitations in the program that would prevent the plaintiffs from receiving waiver services in the foreseeable future. The plaintiffs argued that this placed them at risk of unnecessary institutionalization and thus violated the Americans with Disabilities Act (under the precedent Olmstead v. L.C.) and Section 504 of the Rehabilitation Act of 1973.

Following a Report and Recommendation from Magistrate Judge Andrea Simonton, District Court Judge Ursula Ungaro granted the plaintiff's motion for preliminary injunction on November 24, 2010, finding that the plaintiffs had demonstrated a likelihood of success on the merits and that they stood to suffer irreparable harm without waiver services. The injunction ordered the state to provide such services.

With waiver services in place for the plaintiffs, the parties agreed to dismiss the case on April 15, 2011. The case was reopened for the purpose of determining attorney's fees and the parties litigated this issue for a year, with a Magistrate Judge finding in favor of the plaintiffs and awarding fees in February 2012. The parties settled soon after.

Summary Authors

Beth Kurtz (11/29/2012)

People


Judge(s)

Simonton, Andrea Miles (Florida)

Torres, Edwin G. (Florida)

Ungaro[-Benages], Ursula Mancusi (Florida)

Attorneys(s) for Plaintiff

Browning, Steven R. (Florida)

Gold, Stephen F. (Pennsylvania)

Howanitz, Jay M. (Florida)

Attorneys(s) for Defendant

Sheeran, Andrew T (Florida)

Shelkofsky, Morris E. Jr. (Florida)

Whitney, Enoch Jonathan (Florida)

Other Attorney(s)

Active

Judge(s)

Simonton, Andrea Miles (Florida)

Torres, Edwin G. (Florida)

Ungaro[-Benages], Ursula Mancusi (Florida)

Attorneys(s) for Plaintiff

Browning, Steven R. (Florida)

Gold, Stephen F. (Pennsylvania)

Howanitz, Jay M. (Florida)

Attorneys(s) for Defendant

Sheeran, Andrew T (Florida)

Shelkofsky, Morris E. Jr. (Florida)

Whitney, Enoch Jonathan (Florida)

Other Attorney(s)

Bagenstos, Samuel R. (District of Columbia)

Breen, Philip L. (District of Columbia)

Ferrer, Wilfredo A (Florida)

Harrell-James, Veronica Vanessa (Florida)

Perez, Thomas E. (District of Columbia)

Raish, Anne (District of Columbia)

Wodatch, John L. (District of Columbia)

Wohlenhaus, Renee M. (District of Columbia)

Documents in the Clearinghouse

Document

Docket

March 16, 2012 Docket
2

Plaintiffs Luis Cruz and Nigel De La Torre's Motion for Preliminary Injunction and Expedited Hearing and Attached Memorandum of Law

U.S. District Court for the Middle District of Florida

Aug. 17, 2010 Pleading / Motion / Brief
1

Complaint

U.S. District Court for the Middle District of Florida

Aug. 17, 2010 Complaint
36

Defendants' Response and Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction

Cruz v. Dudek

Sept. 9, 2010 Pleading / Motion / Brief
37

Defendants' Motion to Dismiss Complaint

Cruz v. Dudek

Sept. 9, 2010 Pleading / Motion / Brief
38

Plaintiffs Cruz and De La Torre's Reply to Defendants' Memorandum in Opposition to the Preliminary Injunction

Cruz v. Dudek

Sept. 13, 2010 Pleading / Motion / Brief
40

Statement of Interest of the United States of America

Cruz v. Dudek

Sept. 14, 2010 Pleading / Motion / Brief
45

Defendants' Reply to Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss

Cruz v. Dudek

Oct. 1, 2010 Pleading / Motion / Brief
45

Defendants' Reply to Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Dismiss

Cruz v. Dudek

Oct. 1, 2010 Pleading / Motion / Brief
47

Report and Recommendation on Plaintiffs' Motion for Preliminary Injunction

Cruz v. Dudek

2010 WL 4284955

Oct. 12, 2010 Magistrate Report/Recommendation

Docket

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

Docket sheet not available via the Clearinghouse.

State / Territory: Florida

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Aug. 17, 2010

Closing Date: March 16, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are two individuals with quadriplegia. Due to their mobility impairments, they require adequate home care services in order to remain in the community.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Steve Gold

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Florida Agency for Health Care Administration, State

Florida Department of Health, State

Defendant Type(s):

Jurisdiction-wide

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)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Deinstitutionalization/decarceration

Habilitation (training/treatment)

Individualized planning

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Wait lists

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Integrated setting

Least restrictive environment

Mobility impairment

Benefit Source:

Medicaid