Case: Jones v. Arnold

3:09-cv-01170 | U.S. District Court for the Middle District of Florida

Filed Date: Dec. 2, 2009

Closed Date: Jan. 3, 2011

Clearinghouse coding complete

Case Summary

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 inter…

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)

People


Judge(s)

Howard, Marcia Morales (Florida)

Klindt, James R. (Florida)

Attorneys(s) for Plaintiff

Gold, Stephen F. (Pennsylvania)

Howanitz, Jay M. (Florida)

Attorneys(s) for Defendant

Blocker, William Michael II (Florida)

Sheeran, Andrew T (Florida)

Waas, George Lee (Florida)

Whitney, Enoch Jonathan (Florida)

Other Attorney(s)

Active

Active

Judge(s)

Howard, Marcia Morales (Florida)

Klindt, James R. (Florida)

Attorneys(s) for Plaintiff

Gold, Stephen F. (Pennsylvania)

Howanitz, Jay M. (Florida)

Attorneys(s) for Defendant

Blocker, William Michael II (Florida)

Sheeran, Andrew T (Florida)

Waas, George Lee (Florida)

Whitney, Enoch Jonathan (Florida)

Other Attorney(s)

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)

Documents in the Clearinghouse

Document

3:09-cv-01170

Docket

Jan. 3, 2011

Jan. 3, 2011

Docket
3

3:09-cv-01170

Plaintiff Jacqueline Jones' Memorandum of Law in Support of her Motion for Preliminary Injunction

Dec. 2, 2009

Dec. 2, 2009

Pleading / Motion / Brief
2

3:09-cv-01170

Plaintiff Jacqueline Jones' Motion for Preliminary Injunction and Expedited Hearing and Memorandum in Support

Dec. 2, 2009

Dec. 2, 2009

Pleading / Motion / Brief
1

3:09-cv-01170

Complaint

Dec. 2, 2009

Dec. 2, 2009

Complaint
25

3:09-cv-01170

Defendants' Motion to Dismiss Amended Complaint

Dec. 29, 2009

Dec. 29, 2009

Complaint
29

3:09-cv-01170

Memorandum of Law in Support of Plaintiff's Motion for Class Certification

Jan. 6, 2010

Jan. 6, 2010

Pleading / Motion / Brief
28

3:09-cv-01170

Motion for Class Certification

Jan. 6, 2010

Jan. 6, 2010

Pleading / Motion / Brief
33

3:09-cv-01170

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

Jan. 13, 2010

Jan. 13, 2010

Pleading / Motion / Brief
34

3:09-cv-01170

Defendants' Response and Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification

Jan. 20, 2010

Jan. 20, 2010

Pleading / Motion / Brief
48

3:09-cv-01170

Order Denying Motion for Preliminary Injunction as Moot

March 22, 2010

March 22, 2010

Order/Opinion

Resources

Docket

Last updated June 1, 2022, 3:10 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Florida

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

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):

Private Plaintiff

Attorney Organizations:

Steve Gold

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):

Jurisdiction-wide

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Source of Relief:

Unknown

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

General:

Deinstitutionalization/decarceration

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