Filed Date: Dec. 2, 2009
Closed Date: Jan. 3, 2011
Clearinghouse coding complete
The plaintiff in this case, Jacqueline Jones, has quadriplegia as a result of a spinal cord injury and requires assistance in carrying out daily life activities due to her mobility impairment. For many years, her parents were able to care for her, but as they approach old age they no longer have the physical capacity to do so. Ms. Jones was on the waitlist for Traumatic Brain Injury/Spinal Cord Injury (TBI/SCI) Medicaid waiver for several years. In 2009, the state conducted an assessment interview of Ms. Jones in which they determined that she was at risk for imminent placement in a nursing facility, it could not provide her with services. On December 2, 2009, Ms. Jones filed a complaint in the U.S. District Court for the Middle District of Florida alleging that the failure to provide services to allow her to remain in the community violates the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. She filed an accompanying motion for preliminary injunction.
A few weeks later, the Defendants filed a motion to dismiss the action as moot, as they began the process of providing Ms. Jones with waiver services. The court then postponed hearing Ms. Jones' motion for preliminary injunction, but did not dismiss the case immediately. In early January 2013, Jones filed a motion for class certification, as she sought to represent all individuals on the TBI/SCI waitlist. Before the court resolved the class certification motion, similarly situated plaintiff (and potential class representative) Michele Haddad filed a motion for a preliminary injunction. Discovery continued as the timeline on these motions was extended and multiple briefs were filed. The Court (Judge Marcia Morales Howard) denied Haddad's motion on May 7, 2010, because no class had been certified and Haddad therefore could not represent herself or others in Jones' case. (Haddad later filed a separate action. See Haddad v. Arnold).
The United States (DOJ) filed a motion to intervene in the case, seeking to represent the interests of individuals in Florida who are on the waitlist for services under the TBI/SCI Medicaid waiver. But because Ms. Jones had began receiving services, she stipulated to a voluntary dismissal and the case was closed in January 2011. The DOJ motion to intervene was not considered.
Summary Authors
Beth Kurtz (12/8/2012)
Howard, Marcia Morales (Florida)
Klindt, James R. (Florida)
Gold, Stephen F. (Pennsylvania)
Howanitz, Jay M. (Florida)
Blocker, William Michael II (Florida)
Sheeran, Andrew T (Florida)
Waas, George Lee (Florida)
Whitney, Enoch Jonathan (Florida)
Active
Active
Howard, Marcia Morales (Florida)
Klindt, James R. (Florida)
Gold, Stephen F. (Pennsylvania)
Howanitz, Jay M. (Florida)
Blocker, William Michael II (Florida)
Sheeran, Andrew T (Florida)
Waas, George Lee (Florida)
Whitney, Enoch Jonathan (Florida)
Bagenstos, Samuel R. (District of Columbia)
Breen, Philip L. (District of Columbia)
Holder, Eric H. Jr. (District of Columbia)
Perez, Thomas E. (District of Columbia)
Raish, Anne (District of Columbia)
Wodatch, John L. (District of Columbia)
Wohlenhaus, Renee M. (District of Columbia)
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):
Key Dates
Filing Date: Dec. 2, 2009
Closing Date: Jan. 3, 2011
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Jacqueline Jones had quadriplegia and requires assistance carrying out daily life activities.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
Florida Agency for Health Care Administration, State
Florida Department of Health, State
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Availably Documents:
Outcome
Prevailing Party: Plaintiff
Source of Relief:
Form of Settlement:
Content of Injunction:
Issues
General:
Deinstitutionalization/decarceration
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Discrimination-basis:
Disability (inc. reasonable accommodations)
Disability:
Benefit Source: