Case: JR v. Hansen

4:11-cv-00417 | U.S. District Court for the Northern District of Florida

Filed Date: Aug. 25, 2011

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On August 25, 2011, an individual with intellectual disabilities filed this lawsuit in the U.S. District Court for the Northern District of Florida. The plaintiff, represented by a nonprofit impact litigation firm, sued the Director of the Agency for Persons with Disabilities (APD) pursuant to 42 U.S.C. §§ 1983 and 1988, claiming violations of the Due Process Clause of the Fourteenth Amendment. The plaintiff was involuntarily committed to residential services pursuant to a Florida statute but n…

On August 25, 2011, an individual with intellectual disabilities filed this lawsuit in the U.S. District Court for the Northern District of Florida. The plaintiff, represented by a nonprofit impact litigation firm, sued the Director of the Agency for Persons with Disabilities (APD) pursuant to 42 U.S.C. §§ 1983 and 1988, claiming violations of the Due Process Clause of the Fourteenth Amendment. The plaintiff was involuntarily committed to residential services pursuant to a Florida statute but never received a periodic review of his continued need for involuntary confinement. Thus, the plaintiff asked the court for a permanent injunction that would require the defendant to adopt policies and procedures to ensure that clients who are committed to the defendant's care and custody receive state-initiated, periodic review of their involuntary commitment.

On December 19, 2011, District Judge William Stafford denied the defendant's motion to dismiss for failure to state a claim on the basis that the plaintiff had provided sufficient allegations to survive the motion.

After the parties engaged in discovery, on May 22, 2012, Judge Stafford granted the defendant's motion for summary judgment on the basis that the APD successfully set up a nonadversarial scheme that allowed behavioral specialists the flexibility to perform tasks and make decisions for which they were trained, without having to spend unnecessary time in periodic court proceedings. The court reasoned that this scheme, when applied specifically to the plaintiff's case, was sufficient under the due process clause and periodic judicial review of involuntary commitment was not required. 2012 WL 1886438 (N.D. Fla. May 22, 2012).

On August 10, 2012, the plaintiff filed an appeal to the US Court of Appeals for the Eleventh Circuit. The Eleventh Circuit held on August 20, 2013, that the Supreme Court of Florida had to answer three certified questions related to the case because the Supreme Court of Florida is the "arbiter[] of Florida law." These questions asked whether the "support plan" under a Florida statue requires that APD "consider[s] the propriety of a continued involuntary admission for residential services," if APD is required under law "to petition the circuit court for the release" of a person from involuntary admission if the circumstances surrounding the admission have changed, and if Florida law requires that involuntary admissions are periodically reviewed. 736 F.3d 959, 973 (11th Cir. 2013).

On May 14, 2015, the Florida Supreme Court held that APD was not required to "consider the propriety of continued involuntary admission" and APD did not have "to petition the circuit court for the release" of a person who was involuntarily admitted but the circumstances surrounding the admission had changed. 175 So. 3d 710 (Fla. 2015). The case then returned to the Eleventh Circuit.

On October 15, 2015, the Eleventh Circuit delivered an opinion reversing the Florida Supreme Court's decision and remanding the case to the district court on the basis that the APD scheme was not constitutionally adequate. The court held that Florida's system was in violation of the Due Process Clause because it did not require continued involuntary commitment to be reviewed by a decision-maker with the authority to order release.

On July 25, 2016, the parties filed a joint stipulation of dismissal, and resolved the costs and fees in a separate agreement. The next day, Judge Stafford dismissed the case with prejudice. The case is now closed.

Summary Authors

Maria Ricaurte (10/25/2015)

Amelia Huckins (2/2/2017)

Lisa Koo (3/15/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4228777/parties/jr-v-hansen/


Judge(s)

Labarga, Jorge (Florida)

Martin, Beverly Baldwin (Georgia)

Stafford, William Henry Jr. (Florida)

Stampelos, Charles A (Florida)

Attorneys(s) for Plaintiff

Capobianco, Cassandra J. (Florida)

Debriere, Katherine Jean Ann (Florida)

Sleasman, Peter P. (Florida)

Attorneys(s) for Defendant

Brodeen, Karen Ann (Florida)

Daniel, Stephanie A. (Florida)

Grabb, Jonathan Daniel (Florida)

Judge(s)

Labarga, Jorge (Florida)

Martin, Beverly Baldwin (Georgia)

Stafford, William Henry Jr. (Florida)

Stampelos, Charles A (Florida)

Attorneys(s) for Plaintiff

Capobianco, Cassandra J. (Florida)

Debriere, Katherine Jean Ann (Florida)

Sleasman, Peter P. (Florida)

Attorneys(s) for Defendant

Brodeen, Karen Ann (Florida)

Daniel, Stephanie A. (Florida)

Grabb, Jonathan Daniel (Florida)

Documents in the Clearinghouse

Document

4:11-cv-00417

Docket

J.R. v. Hansen

July 26, 2016

July 26, 2016

Docket
1

4:11-cv-00417

Complaint for Declaratory and Injunctive Relief

J.R. v. Hansen

Aug. 25, 2011

Aug. 25, 2011

Complaint
29

4:11-cv-00417

Order Denying Defendant's Motion to Dismiss

J.R. v. Hansen

Dec. 19, 2011

Dec. 19, 2011

Order/Opinion
66

4:11-cv-00417

Order Granting Defendant's Motion for Summary Judgment

J.R. v. Hansen

2012 WL 1886438

May 22, 2012

May 22, 2012

Order/Opinion

12-14212

Opinion

J.R. v. Hansen

U. S. Court of Appeals for the Eleventh Circuit

736 F.3d 959

Aug. 20, 2013

Aug. 20, 2013

Order/Opinion

SC13–1549

Opinion

J.R. v. Hansen

Florida state supreme court

175 So.3d 710

May 14, 2015

May 14, 2015

Order/Opinion

4:11-cv-00417

12-14212

Eleventh Circuit Opinion

J.R. v. Hansen

U. S. Court of Appeals for the Eleventh Circuit

803 F.3d 1315, 2015 WL 5973269

Oct. 15, 2015

Oct. 15, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4228777/jr-v-hansen/

Last updated Aug. 2, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against MICHAEL HANSEN ( Filing fee $ 350 receipt number 1129-1983463.), filed by JR. (Attachments: # 1 summons) (DEBRIERE, KATHERINE) (Entered: 08/25/2011)

1 summons

View on PACER

Aug. 25, 2011

Aug. 25, 2011

RECAP
2

CIVIL COVER SHEET. (DEBRIERE, KATHERINE) (Entered: 08/25/2011)

Aug. 25, 2011

Aug. 25, 2011

PACER
3

Summons Issued as to MICHAEL HANSEN. (dlt) (Entered: 08/26/2011)

Aug. 26, 2011

Aug. 26, 2011

PACER
4

SUMMONS Returned Executed by JR. MICHAEL HANSEN served on 8/29/2011, answer due 9/19/2011. (Attachments: # 1 Return of Service) (DEBRIERE, KATHERINE) (Entered: 09/02/2011)

1 Return of Service

View on PACER

Sept. 2, 2011

Sept. 2, 2011

PACER
5

ATTORNEY TIME RECORDS by JR. (DEBRIERE, KATHERINE) (Entered: 09/13/2011)

Sept. 13, 2011

Sept. 13, 2011

PACER
6

ATTORNEY TIME RECORDS - SEALED PORTION by JR. (DEBRIERE, KATHERINE) (Entered: 09/13/2011)

Sept. 13, 2011

Sept. 13, 2011

PACER
7

ATTORNEY TIME RECORDS by JR. (DEBRIERE, KATHERINE) (Entered: 09/15/2011)

Sept. 15, 2011

Sept. 15, 2011

PACER
8

ATTORNEY TIME RECORDS - SEALED PORTION by JR. (DEBRIERE, KATHERINE) (Entered: 09/15/2011)

Sept. 15, 2011

Sept. 15, 2011

PACER
9

NOTICE of Appearance by JONATHAN DANIEL GRABB on behalf of All Defendants (GRABB, JONATHAN) (Entered: 09/19/2011)

Sept. 19, 2011

Sept. 19, 2011

PACER
10

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by MICHAEL HANSEN. (Attachments: # 1 Appendix, # 2 Appendix) (GRABB, JONATHAN) (Entered: 09/19/2011)

1 Appendix

View on PACER

2 Appendix

View on PACER

Sept. 19, 2011

Sept. 19, 2011

PACER
11

INITIAL SCHEDULING ORDER signed by SENIOR JUDGE WILLIAM STAFFORD on 9/27/11. Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 10/11/2011. Rule 26 Meeting Report due by 11/10/2011. Discovery due by 1/25/2012. (amm) (Entered: 09/27/2011)

Sept. 27, 2011

Sept. 27, 2011

PACER
12

MEMORANDUM in Opposition re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JR. (SLEASMAN, PETER) (Entered: 10/06/2011)

Oct. 6, 2011

Oct. 6, 2011

PACER
13

MOTION to Proceed Anonymously by JR. (DEBRIERE, KATHERINE) (Entered: 10/10/2011)

Oct. 10, 2011

Oct. 10, 2011

PACER
14

ORDER GRANTING 13 PLAINTIFF'S MOTION TO PROCEED ANONYMOUSLY. Signed by SENIOR JUDGE WILLIAM STAFFORD on 10/12/2011. (erl) (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

PACER
15

ATTORNEY TIME RECORDS by MICHAEL HANSEN. (GRABB, JONATHAN) (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

PACER
16

ATTORNEY TIME RECORDS - SEALED PORTION by MICHAEL HANSEN. (GRABB, JONATHAN) (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

PACER
17

ATTORNEY TIME RECORDS by JR. (DEBRIERE, KATHERINE) (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

PACER
18

ATTORNEY TIME RECORDS - SEALED PORTION by JR. (DEBRIERE, KATHERINE) (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

PACER
19

REPORT of Rule 26(f) Planning Meeting. (DEBRIERE, KATHERINE) (Entered: 10/27/2011)

Oct. 27, 2011

Oct. 27, 2011

PACER
20

ORDER ADOPTING PARTIES' PROPOSED DISCOVERY SCHEDULE : The parties' proposed alternative discovery schedule is hereby ADOPTED. Discovery due by 1/27/2012. Dispositive Motions to be filed by 2/17/2012. Mediation to take place by 2/24/2012. Signed by SENIOR JUDGE WILLIAM STAFFORD on 10/31/2011. (dlt) (Entered: 10/31/2011)

Oct. 31, 2011

Oct. 31, 2011

PACER
21

ATTORNEY TIME RECORDS by JR. (DEBRIERE, KATHERINE) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

PACER
22

ATTORNEY TIME RECORDS - SEALED PORTION by JR. (DEBRIERE, KATHERINE) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

RECAP
23

ATTORNEY TIME RECORDS by MICHAEL HANSEN. (GRABB, JONATHAN) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

PACER
24

ATTORNEY TIME RECORDS - SEALED PORTION by MICHAEL HANSEN. (GRABB, JONATHAN) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

PACER
25

ATTORNEY TIME RECORDS by JR. (DEBRIERE, KATHERINE) (Entered: 12/12/2011)

Dec. 12, 2011

Dec. 12, 2011

PACER
26

ATTORNEY TIME RECORDS - SEALED PORTION by JR. (DEBRIERE, KATHERINE) (Entered: 12/12/2011)

Dec. 12, 2011

Dec. 12, 2011

PACER
27

ATTORNEY TIME RECORDS by MICHAEL HANSEN. (GRABB, JONATHAN) (Entered: 12/14/2011)

Dec. 14, 2011

Dec. 14, 2011

PACER
28

ATTORNEY TIME RECORDS - SEALED PORTION by MICHAEL HANSEN. (GRABB, JONATHAN) (Entered: 12/14/2011)

Dec. 14, 2011

Dec. 14, 2011

PACER
29

ORDER DENYING 10 DEFENDANT'S MOTION TO DISMISS. Signed by SENIOR JUDGE WILLIAM STAFFORD on 12/19/2011. (dlt) (Entered: 12/19/2011)

Dec. 19, 2011

Dec. 19, 2011

RECAP
30

Defendant Hansen's ANSWER to 1 Complaint for Declaratory and Injunctive Relief by MICHAEL HANSEN. (GRABB, JONATHAN) (Entered: 01/05/2012)

Jan. 5, 2012

Jan. 5, 2012

PACER
31

ATTORNEY TIME RECORDS by MICHAEL HANSEN. (GRABB, JONATHAN) (Entered: 01/13/2012)

Jan. 13, 2012

Jan. 13, 2012

PACER
32

ATTORNEY TIME RECORDS - SEALED PORTION by MICHAEL HANSEN. (GRABB, JONATHAN) (Entered: 01/13/2012)

Jan. 13, 2012

Jan. 13, 2012

PACER
33

ATTORNEY TIME RECORDS by JR. (DEBRIERE, KATHERINE) (Entered: 01/13/2012)

Jan. 13, 2012

Jan. 13, 2012

PACER
34

ATTORNEY TIME RECORDS - SEALED PORTION by JR. (DEBRIERE, KATHERINE) (Entered: 01/13/2012)

Jan. 13, 2012

Jan. 13, 2012

PACER
35

ATTORNEY TIME RECORDS by JR. (DEBRIERE, KATHERINE) (Entered: 02/08/2012)

Feb. 8, 2012

Feb. 8, 2012

PACER
36

ATTORNEY TIME RECORDS - SEALED PORTION by JR. (DEBRIERE, KATHERINE) (Entered: 02/08/2012)

Feb. 8, 2012

Feb. 8, 2012

PACER
37

Joint MOTION requesting release from obligation to mediate by JR. (DEBRIERE, KATHERINE) (Entered: 02/10/2012)

Feb. 10, 2012

Feb. 10, 2012

PACER
38

ORDER GRANTING 37 Motion requesting release from obligation to mediate. Signed by SENIOR JUDGE WILLIAM STAFFORD on 2/14/2012. (dlt) (Entered: 02/14/2012)

Feb. 14, 2012

Feb. 14, 2012

PACER
39

ATTORNEY TIME RECORDS by MICHAEL HANSEN. (GRABB, JONATHAN) (Entered: 02/15/2012)

Feb. 15, 2012

Feb. 15, 2012

PACER
40

ATTORNEY TIME RECORDS - SEALED PORTION by MICHAEL HANSEN. (GRABB, JONATHAN) (Entered: 02/15/2012)

Feb. 15, 2012

Feb. 15, 2012

PACER
41

MOTION for Summary Judgment by JR. (Internal deadline for referral to judge if response not filed earlier: 3/6/2012). (Attachments: # 1 Appendix Index, # 2 Appendix One, # 3 Appendix Six, # 4 Appendix Eight) (DEBRIERE, KATHERINE) Additional attachment added on 4/10/12 Per Order 45 : # 5 Sealed Appendices #2,3,4,5,7 and 9) (amm). (Entered: 02/17/2012)

1 Appendix Index

View on PACER

2 Appendix One

View on PACER

3 Appendix Six

View on PACER

4 Appendix Eight

View on PACER

5

View on PACER

Feb. 17, 2012

Feb. 17, 2012

PACER
42

MOTION to Seal Certain Summary Judgment Appendices #2,3,4,5,7 and 9 by JR. (DEBRIERE, KATHERINE) (Entered: 02/17/2012)

Feb. 17, 2012

Feb. 17, 2012

PACER
43

MOTION re 41 MOTION for Summary Judgment Oral Argument Request by JR. (DEBRIERE, KATHERINE) (Entered: 02/17/2012)

Feb. 17, 2012

Feb. 17, 2012

PACER
44

MOTION for Summary Judgment by MICHAEL HANSEN. (Internal deadline for referral to judge if response not filed earlier: 3/6/2012). (Attachments: # 1 Exhibit Exhibit A- Affidavit, # 2 Exhibit Exhibit B- Motions to Dismiss Charges & for Involuntary Admission, # 3 Exhibit Exhibit C- Motion for Involuntary Admission, # 4 Exhibit Exhibit D- Order for Involuntary Admission, # 5 Exhibit Exhibit E- Register of Actions) (GRABB, JONATHAN) (Entered: 02/17/2012)

1 Exhibit Exhibit A- Affidavit

View on PACER

2 Exhibit Exhibit B- Motions to Dismiss Charges & for Involuntary Admission

View on PACER

3 Exhibit Exhibit C- Motion for Involuntary Admission

View on PACER

4 Exhibit Exhibit D- Order for Involuntary Admission

View on PACER

5 Exhibit Exhibit E- Register of Actions

View on PACER

Feb. 17, 2012

Feb. 17, 2012

PACER
45

ORDER GRANTING 42 PLAINTIFF'S MOTION TO FILE UNDER SEAL. The clerk is directed to file, under seal, the appendices that have been submitted to the clerk by the plaintiff. Signed by SENIOR JUDGE WILLIAM STAFFORD on 2/22/2012. (dlt) (Entered: 02/22/2012)

Feb. 22, 2012

Feb. 22, 2012

PACER
46

RESPONSE in Opposition re 44 MOTION for Summary Judgment filed by JR. (Attachments: # 1 Index to Appendices, # 2 Appendix Appendix #1, # 3 Appendix Appendix #2, # 4 Appendix Appendix #3, # 5 Appendix Appendix #4) (DEBRIERE, KATHERINE) (Entered: 03/05/2012)

1 Index to Appendices

View on PACER

2 Appendix Appendix #1

View on PACER

3 Appendix Appendix #2

View on PACER

4 Appendix Appendix #3

View on PACER

5 Appendix Appendix #4

View on PACER

March 5, 2012

March 5, 2012

PACER
47

RESPONSE to Motion re 41 MOTION for Summary Judgment filed by MICHAEL HANSEN. (Attachments: # 1 Appendix Appendix A, # 2 Appendix Appendix B, # 3 Appendix Appendix C, # 4 Appendix Appendix D) (GRABB, JONATHAN) (Entered: 03/06/2012)

1 Appendix Appendix A

View on PACER

2 Appendix Appendix B

View on PACER

3 Appendix Appendix C

View on PACER

4 Appendix Appendix D

View on PACER

March 6, 2012

March 6, 2012

PACER
48

ATTORNEY TIME RECORDS by MICHAEL HANSEN. (GRABB, JONATHAN) (Entered: 03/15/2012)

March 15, 2012

March 15, 2012

PACER
49

ATTORNEY TIME RECORDS - SEALED PORTION by MICHAEL HANSEN. (GRABB, JONATHAN) (Entered: 03/15/2012)

March 15, 2012

March 15, 2012

PACER
50

ATTORNEY TIME RECORDS by JR. (DEBRIERE, KATHERINE) (Entered: 03/15/2012)

March 15, 2012

March 15, 2012

PACER
51

ATTORNEY TIME RECORDS - SEALED PORTION by JR. (DEBRIERE, KATHERINE) (Entered: 03/15/2012)

March 15, 2012

March 15, 2012

PACER
52

ORDER DIRECTING DEFENDANT TOT COMPLY WITH LOCAL RULES - (Internal deadline for referral to judge if Plaintiff's response not filed earlier: 4/13/2012)., Defendant statement of undisputed material facts due by 3/30/2012.). Signed by SENIOR JUDGE WILLIAM STAFFORD on 3/22/2012. (dlt) (Entered: 03/23/2012)

March 22, 2012

March 22, 2012

PACER
53

STATEMENT OF FACTS Defendant's Statement of Undisputed Material Facts in Support of Defendant's Motion for Summary Judgment Re: 44 MOTION for Summary Judgment . (GRABB, JONATHAN) (Entered: 03/29/2012)

March 29, 2012

March 29, 2012

PACER
54

NOTICE OF HEARING: Telephonic Status Conference set for 4/2/2012 11:00 AM before SENIOR JUDGE WILLIAM STAFFORD. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Angie Maxwell at 850-521-3516 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Angie MaxwellCourtroom Deputy Clerk (amm) (Entered: 03/30/2012)

March 30, 2012

March 30, 2012

PACER
55

Minute Entry for proceedings held before SENIOR JUDGE WILLIAM STAFFORD:Telephonic Status Conference held on 4/2/2012. (Court Reporter Lisa Jones.) (amm) (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER
56

ORDER REASSIGNING CASE. Case reassigned to MAGISTRATE JUDGE CHARLES A STAMPELOS for all further proceedings. MAGISTRATE JUDGE WILLIAM C SHERRILL, JR no longer assigned to case. Signed by CHIEF JUDGE M CASEY RODGERS on 4/2/12. **Please use case number with new judge initials on all future filings: 4:11cv417-WS/CAS. (pll) (Entered: 04/03/2012)

April 2, 2012

April 2, 2012

PACER
57

STATUS REPORT on Plaintiff by JR. (DEBRIERE, KATHERINE) (Entered: 04/05/2012)

April 5, 2012

April 5, 2012

PACER
58

RESPONSE by JR re 53 Statement of Facts . (DEBRIERE, KATHERINE) (Entered: 04/13/2012)

April 13, 2012

April 13, 2012

PACER
59

ATTORNEY TIME RECORDS by JR. (DEBRIERE, KATHERINE) (Entered: 04/13/2012)

April 13, 2012

April 13, 2012

PACER
60

ATTORNEY TIME RECORDS - SEALED PORTION by JR. (DEBRIERE, KATHERINE) (Entered: 04/13/2012)

April 13, 2012

April 13, 2012

PACER
61

STATUS REPORT J.R. v. Hansen Status Update _final 5/2/12 by MICHAEL HANSEN. (GRABB, JONATHAN) (Entered: 05/02/2012)

May 2, 2012

May 2, 2012

PACER
62

NOTICE by JR re 61 Status Report (DEBRIERE, KATHERINE) (Entered: 05/03/2012)

May 3, 2012

May 3, 2012

PACER
63

NOTICE TO THE PARTIES re 47 Response to Motion, 41 MOTION for Summary Judgment, 44 MOTION for Summary Judgment, 46 Response in Opposition to Motion, ( Motions for summary judgment will be taken under advisement by 5/21/2012.). Signed by SENIOR JUDGE WILLIAM STAFFORD on 5/4/2012. (erl) (Entered: 05/04/2012)

May 4, 2012

May 4, 2012

PACER
64

ATTORNEY TIME RECORDS by JR. (DEBRIERE, KATHERINE) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

PACER
65

ATTORNEY TIME RECORDS - SEALED PORTION by JR. (DEBRIERE, KATHERINE) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

PACER
66

ORDER GRANTING 44 DEFENDANT'S MOTION FOR SUMMARY JUDGMENT. DENYING 41 J.R.'S Motion for Summary Judgment. DENYING 43 J.R.'S request for oral argument. The clerk shall enter judgment stating: "All claims are DISMISSED with prejudice." Signed by SENIOR JUDGE WILLIAM STAFFORD on 5/22/2012. (erl) (Entered: 05/23/2012)

May 22, 2012

May 22, 2012

RECAP
67

CLERK'S JUDGMENT entered pursuant to 66 Order on Motion for Summary Judgment (erl) (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

PACER
68

ATTORNEY TIME RECORDS by JR. (DEBRIERE, KATHERINE) (Entered: 06/14/2012)

June 14, 2012

June 14, 2012

PACER
69

ATTORNEY TIME RECORDS - SEALED PORTION by JR. (DEBRIERE, KATHERINE) (Entered: 06/14/2012)

June 14, 2012

June 14, 2012

PACER
70

MOTION for Reconsideration re 66 Order on Motion for Summary Judgment, Order on Motion for Miscellaneous Relief,,,, by JR. (DEBRIERE, KATHERINE) (Entered: 06/19/2012)

June 19, 2012

June 19, 2012

PACER
71

RESPONSE by MICHAEL HANSEN re 70 MOTION for Reconsideration re 66 Order on Motion for Summary Judgment, Order on Motion for Miscellaneous Relief,,,, Defendant's Response to Plaintiff's Motion for Summary Judgment on Request for Declaratory Relief. (GRABB, JONATHAN) (Entered: 07/03/2012)

July 3, 2012

July 3, 2012

PACER
72

ATTORNEY TIME RECORDS by JR. (DEBRIERE, KATHERINE) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

PACER
73

ATTORNEY TIME RECORDS - SEALED PORTION by JR. (DEBRIERE, KATHERINE) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

PACER
74

ORDER DENYING 70 PLAINTIFF'S MOTION FOR RECONSIDERATION. Signed by SENIOR JUDGE WILLIAM STAFFORD on 7/13/2012. (dlt) (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

PACER
75

NOTICE OF APPEAL as to 66 Order on Motion for Summary Judgment, Order on Motion for Miscellaneous Relief,,,, 67 Clerk's Judgment by JR. ( Filing fee $455 Receipt Number 1129-2373297.) (DEBRIERE, KATHERINE) (Entered: 08/10/2012)

Aug. 10, 2012

Aug. 10, 2012

PACER
76

ATTORNEY TIME RECORDS by JR. (DEBRIERE, KATHERINE) (Entered: 08/10/2012)

Aug. 10, 2012

Aug. 10, 2012

PACER
77

ATTORNEY TIME RECORDS - SEALED PORTION by JR. (DEBRIERE, KATHERINE) (Entered: 08/10/2012)

Aug. 10, 2012

Aug. 10, 2012

PACER
78

Appeal Instructions re: 75 Notice of Appeal : The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf **PLEASE NOTE** Separate forms must be filed for each court reporter. Transcript Order Form due by 8/28/2012. (dlt) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

PACER
79

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 75 Notice of Appeal ; (dlt). Modified on 8/16/2012 to correct the judge name from Hinkle to Stafford on notice(dlt). (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

PACER
80

TRANSCRIPT REQUEST by JR (DEBRIERE, KATHERINE) (Entered: 08/15/2012)

Aug. 15, 2012

Aug. 15, 2012

PACER
81

ATTORNEY TIME RECORDS by MICHAEL HANSEN. (GRABB, JONATHAN) (Entered: 08/15/2012)

Aug. 15, 2012

Aug. 15, 2012

PACER
82

ATTORNEY TIME RECORDS - SEALED PORTION by MICHAEL HANSEN. (GRABB, JONATHAN) (Entered: 08/15/2012)

Aug. 15, 2012

Aug. 15, 2012

PACER
83

USCA Case Number 12-14212-A for 75 NOTICE OF APPEAL by JR. (dlt) (Entered: 08/17/2012)

Aug. 16, 2012

Aug. 16, 2012

PACER
85

Certified and Transmitted Record on Appeal to US Court of Appeals re 75 Notice of Appeal#12−14212−A − (2 Volumes of Pleadings) (dlt) (Entered: 01/23/2013)

Jan. 23, 2013

Jan. 23, 2013

86

USCA# 12−14212−A Acknowledgment 85 Appeal Record Sent to USCA. (dlt) (Entered: 01/30/2013)

Jan. 29, 2013

Jan. 29, 2013

87

USCA OPINION as to 75 Notice of Appeal. USCA # 12−14212−AA. REVERSED AND REMANDED. (kdm) (Entered: 10/15/2015)

Oct. 15, 2015

Oct. 15, 2015

88

NOTICE of Appearance by STEPHANIE ALLISON DANIEL on behalf of All Defendants (DANIEL, STEPHANIE) (Entered: 10/20/2015)

Oct. 20, 2015

Oct. 20, 2015

89

NOTICE of Appearance by KAREN ANN BRODEEN on behalf of All Defendants (BRODEEN, KAREN) (Entered: 10/20/2015)

Oct. 20, 2015

Oct. 20, 2015

90

MANDATE of USCA 87 JUDGMENT "REVERSED AND REMANDED" as to 75 Notice of Appeal. The enclosed copy of the judgment is hereby issued as mandate of the court. The court's opinion was previously provided on the date of issuance. USCA #12−14212−AA (tdl) (Entered: 12/29/2015)

Dec. 22, 2015

Dec. 22, 2015

91

ORDER of USCA as to 75 Notice of Appeal. USCA #12−14212−AA. (tdl) (Entered: 12/30/2015)

Dec. 29, 2015

Dec. 29, 2015

92

NOTICE of Appearance by CASSANDRA JAE CAPOBIANCO on behalf of JR (CAPOBIANCO, CASSANDRA) (Entered: 01/08/2016)

Jan. 8, 2016

Jan. 8, 2016

93

STIPULATION of Dismissal by JR. (SLEASMAN, PETER) (Entered: 07/25/2016)

July 25, 2016

July 25, 2016

84

Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Florida certifies that the record is complete for purposes of this appeal re: 75 Notice of Appeal, Appeal No. 12-14212-AA. The entire record on appeal is available electronically. (dlt) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER

Case Details

State / Territory: Florida

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 25, 2011

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is a person with intellectual disabilities that has been involuntarily committed to residential services.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Director of the Agency for Persons with Disabilities (Tallahassee ), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Form of Settlement:

Voluntary Dismissal

Issues

General:

Confinement/isolation

Deinstitutionalization/decarceration

Placement in mental health facilities

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Mental health care, general

Type of Facility:

Government-run