Case: T.W. v. Jacobo

4:13-cv-00457 | U.S. District Court for the Northern District of Florida

Filed Date: Aug. 15, 2013

Clearinghouse coding complete

Case Summary

This is a state-wide class action brought on behalf of over 300 individuals with psychiatric disabilities segregated in Florida state psychiatric treatment facilities. Plaintiff prisoners and the Protection and Advocacy agency, Disability Rights Florida, alleged that by failing to provide adequate community placements, Defendants created a situation in which individuals with psychiatric disabilities are segregated in large state facilities in violation of Title II of the Americans with Disabili…

This is a state-wide class action brought on behalf of over 300 individuals with psychiatric disabilities segregated in Florida state psychiatric treatment facilities. Plaintiff prisoners and the Protection and Advocacy agency, Disability Rights Florida, alleged that by failing to provide adequate community placements, Defendants created a situation in which individuals with psychiatric disabilities are segregated in large state facilities in violation of Title II of the Americans with Disabilities Act (ADA). Plaintiffs sought, among other relief, an injunction requiring Defendants to administer mental health services in the most integrated setting appropriate to the needs of the individuals with disabilities. The proposed class consisted of all individuals committed to Florida’s Department of Corrections (DCF) custody who were residing in one of the State’s treatment facilities and who, presently or would at a later date, possess both the desire and capability to reside in the community with or without supports.

The complaint was filed on August 15, 2013 and was assigned to District Court Judge Honorable Robert Lewis Hinkle.  The parties were represented Disability Rights Florida on its own behalf and the general counsels for the two named state agencies. Defendants were the Secretary of Florida’s Department of Children and Families (DCF) and the Secretary of Florida’s Agency for Health Care Administration (AHCA), both sued in their official capacities. AHCA, in its motion to dismiss, argued that it had no role in the placement decisions and no authority to provide Plaintiffs with any meaningful relief because it “merely licenses hospitals.” Title II of the ADA does not obligate public entities such as AHCA to enforce the ADA against their licensees. The court ordered the dismissal of AHCA from the case and, on September 17, 2015 the case settled. 

Summary Authors

NDRN (8/11/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4501251/parties/t-w-v-dudek/


Attorney for Plaintiff

BERG, RANDALL CHALLEN (Florida)

BOYER, DAVID ALLEN (Florida)

CASERTA, SHARON (Florida)

Attorney for Defendant

BLOCKER, WILLIAM MICHAEL (Florida)

FIGLIO, ERIK MATTHEW (Florida)

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Documents in the Clearinghouse

Document
1

4:13-cv-00457

Class Action Complaint for Declaratory and Injunctive Relief

Aug. 15, 2013

Aug. 15, 2013

Complaint
20

4:13-cv-00457

Order Dismissing the Claims Against the Defendant Dudek

Jan. 13, 2014

Jan. 13, 2014

Order/Opinion

2014 WL 2014

30-1

4:13-cv-00457

Settlement Agreement

T.W. v. Carroll

Sept. 17, 2015

Sept. 17, 2015

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4501251/t-w-v-dudek/

Last updated April 8, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 1129-2728836.), filed by T.W., DISABILITY RIGHTS FLORIDA INC, P.M.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Civil Cover Sheet Civil Cover Sheet) (BOYER, DAVID) (Entered: 08/15/2013)

1 Exhibit Exhibit 1

View on PACER

2 Exhibit Exhibit 2

View on PACER

3 Exhibit Exhibit 3

View on PACER

4 Civil Cover Sheet Civil Cover Sheet

View on PACER

Aug. 15, 2013

Aug. 15, 2013

Clearinghouse
2

DOCKET ANNOTATION BY COURT TO ATTORNEY (BOYER, DAVID): Re 1 Complaint, filed by P.M., DISABILITY RIGHTS FLORIDA INC, T.W. - In accordance with N.D. Fla. Loc. R. 5.1(E), The completed Civil Cover Sheet (JS-44, Rev. 12/12) is to be filed as "a separate pleading" not an attachment to complaint. Therefore, please file the civil cover sheet using the event selection "Civil Cover Sheet" which is found under "Other Filings" under "Other Documents." (dlt) (Entered: 08/16/2013)

Aug. 16, 2013

Aug. 16, 2013

PACER
3

CIVIL COVER SHEET. (BOYER, DAVID) (Entered: 08/16/2013)

Aug. 16, 2013

Aug. 16, 2013

PACER
4

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW by ELIZABETH DUDEK. (FIGLIO, ERIK) (Entered: 09/13/2013)

Sept. 13, 2013

Sept. 13, 2013

RECAP
5

INITIAL SCHEDULING ORDER : Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 10/1/2013. Rule 26 Meeting Report due by 10/31/2013. Discovery due by 1/14/2014. Signed by JUDGE ROBERT L HINKLE on 9/17/2013. (dlt) (Entered: 09/17/2013)

Sept. 17, 2013

Sept. 17, 2013

PACER
6

WAIVER OF SERVICE Returned Executed by DISABILITY RIGHTS FLORIDA INC. ESTHER JACOBO waiver sent on 8/15/2013, answer due 10/15/2013. (BOYER, DAVID) (Entered: 09/23/2013)

Sept. 23, 2013

Sept. 23, 2013

PACER
7

WAIVER OF SERVICE Returned Executed by DISABILITY RIGHTS FLORIDA INC. ELIZABETH DUDEK waiver sent on 8/15/2013, answer due 10/15/2013. (BOYER, DAVID) (Entered: 09/23/2013)

Sept. 23, 2013

Sept. 23, 2013

PACER
8

RESPONSE in Opposition re 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW filed by DISABILITY RIGHTS FLORIDA INC, P M, T W. (BOYER, DAVID) (Entered: 09/26/2013)

Sept. 26, 2013

Sept. 26, 2013

PACER
9

Corporate Disclosure Statement/Certificate of Interested Persons by DISABILITY RIGHTS FLORIDA INC. (BOYER, DAVID) (Entered: 10/03/2013)

Oct. 3, 2013

Oct. 3, 2013

PACER
10

MOTION for Leave to File Defandant Elizabeth Dudek's Unopposed Motion for Leave to File a Reply to Plaintiffs' Response to the Motion to Dismiss by ELIZABETH DUDEK. (FIGLIO, ERIK) (Entered: 10/03/2013)

Oct. 3, 2013

Oct. 3, 2013

PACER
11

ORDER ON FURTHER FILINGS ON THE MOTION TO DISMISS - GRANTING IN PART 10 MOTION for Leave to File. ( Supplemental Memorandum due by 10/15/2013., Reply memorandum due by 10/22/2013.). Signed by JUDGE ROBERT L HINKLE on 10/8/2013. (erl) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
12

Consent MOTION for Extension of Time to File Answer by ESTHER JACOBO. (FIGLIO, ERIK) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
13

ORDER EXTENDING THE DEFENDANT JACOBO'S DEADLINE TO RESPOND TO THE COMPLAINT - The defendant Esther Jacobo's unopposed motion, ECF No. 12, to extend the deadline to respond to the complaint is GRANTED IN PART. (Internal deadline for referral to judge if defendant Esther Jacobo's response to complaint not filed earlier: 10/25/2013).) An extension until after a ruling on the codefendant's motion to dismiss is denied. Signed by JUDGE ROBERT L HINKLE on 10/11/2013. (dlt) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
14

MEMORANDUM in Opposition re 10 MOTION for Leave to File Defandant Elizabeth Dudek's Unopposed Motion for Leave to File a Reply to Plaintiffs' Response to the Motion to Dismiss, 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW filed by DISABILITY RIGHTS FLORIDA INC, P M, T W. (HEYSTEK, AMANDA) (Entered: 10/15/2013)

Oct. 15, 2013

Oct. 15, 2013

PACER
15

REPLY to Response to Motion re 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW Defendant Elizabeth Dudek's Reply to Plaintiffs' Response to the Motion to Dismiss filed by ELIZABETH DUDEK. (FIGLIO, ERIK) (Entered: 10/22/2013)

Oct. 22, 2013

Oct. 22, 2013

PACER
16

REPORT of Rule 26(f) Planning Meeting. (BOYER, DAVID) (Entered: 10/24/2013)

Oct. 24, 2013

Oct. 24, 2013

PACER
17

Defendant Esther Jacobo's Answer and Affirmative Defenses to Plaintiffs' Class Action Complaint for Declaratory and Injunctive Relief ANSWER to 1 Complaint, by ESTHER JACOBO. (FIGLIO, ERIK) (Entered: 10/25/2013)

Oct. 25, 2013

Oct. 25, 2013

PACER
18

SCHEDULING AND MEDIATION ORDER :( Discovery due by 9/15/2014., Dispositive Motions to be filed by 10/6/2014., Jury Trial set for 1/20/2015 08:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE., Mediation Report due by 10/27/2014., Class certification Motions due by 8/14/2014.), Case referred to mediation. Signed by JUDGE ROBERT L HINKLE on 12/2/2013. (dlt) (Entered: 12/02/2013)

Dec. 2, 2013

Dec. 2, 2013

PACER
19

NOTICE of Appearance by MOLLY JEAN PARIS on behalf of All Plaintiffs (PARIS, MOLLY) (Entered: 12/05/2013)

Dec. 5, 2013

Dec. 5, 2013

PACER
20

ORDER DISMISSING THE CLAIMS AGAINST THE DEFENDANT DUDEK - GRANTED 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW filed by ELIZABETH DUDEK. I do not direct the entry of judgment underFederal Rule of Civil Procedure 54(b). Signed by JUDGE ROBERT L HINKLE on 1/13/2014. (dlt) (Entered: 01/14/2014)

Jan. 13, 2014

Jan. 13, 2014

Clearinghouse
21

Joint MOTION to Continue Initial Mediation Date by DISABILITY RIGHTS FLORIDA INC. (BOYER, DAVID) (Entered: 06/18/2014)

June 18, 2014

June 18, 2014

PACER
22

ORDER EXTENDING THE DEADLINE TO BEGIN MEDIATION - The joint motion to extend the deadline to begin mediation, ECF No. 21, is GRANTED. Signed by JUDGE ROBERT L HINKLE on 7/2/2014. (tdl) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
23

Joint MOTION to Stay by DISABILITY RIGHTS FLORIDA INC, P M, T W. (BOYER, DAVID) (Entered: 07/30/2014)

July 30, 2014

July 30, 2014

PACER
24

ORDER STAYING ALL PROCEEDINGS - The consented motion to stay all proceedings, ECF No. 23, is GRANTED. (Deadline for clerk to check status of stay by 3/31/2015., Discovery due by 5/15/2015., Jury Trial set for 9/21/2015 08:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE.) Signed by JUDGE ROBERT L HINKLE on 8/3/2014. (tdl) (Entered: 08/04/2014)

Aug. 3, 2014

Aug. 3, 2014

PACER
25

Joint MOTION for Protective Order by DISABILITY RIGHTS FLORIDA INC. (Attachments: # 1 Exhibit Stipulated Protective Order) (BOYER, DAVID) (Entered: 09/24/2014)

Sept. 24, 2014

Sept. 24, 2014

PACER
26

STIPULATED PROTECTIVE ORDER as to 25 Joint MOTION for Protective Order. Signed by JUDGE ROBERT L HINKLE on 10/2/2014. (tdl) (Entered: 10/02/2014)

Oct. 2, 2014

Oct. 2, 2014

PACER
27

SUGGESTION OF DEATH Upon the Record as to T.W. by DISABILITY RIGHTS FLORIDA INC, P M, T W. (Attachments: # 1 Supplement) (BOYER, DAVID) (Entered: 11/06/2014)

Nov. 6, 2014

Nov. 6, 2014

PACER
28

MOTION to Stay re 24 Order Staying Case,, Set Deadlines/Hearings, Unopposed by DISABILITY RIGHTS FLORIDA INC, P M, T W. (BOYER, DAVID) (Entered: 03/26/2015)

March 26, 2015

March 26, 2015

PACER
29

ORDER EXTENDING THE STAY - The consented motion to extend the stay, ECF No. 28, is GRANTED. (Deadline for clerk to check status of stay by 9/1/2015., Dispositive Motions to be filed by 11/6/2015., Discovery due by 10/16/2015., Mediation Report due by 11/27/2015., Jury Trial set for 2/16/2016 08:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE.) Signed by JUDGE ROBERT L HINKLE on 3/31/2015. (tdl) (Entered: 04/01/2015)

March 31, 2015

March 31, 2015

PACER
30

STIPULATION of Dismissal Without Prejudice by DISABILITY RIGHTS FLORIDA INC, P M. (Attachments: # 1 Appendix Settlement Agreement) (BOYER, DAVID) (Entered: 09/17/2015)

Sept. 17, 2015

Sept. 17, 2015

PACER
31

ORDER CLOSING THE FILE re 30 Stipulation. The clerk must enter judgment stating, "The parties are ordered to comply with their settlement agreement. The court reserves jurisdiction to enforce the order to comply with the settlement agreement. All claims in this case are voluntarily dismissed with prejudice under Federal Rule of Civil Procedure 41." The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 10/5/2015. (tdl) (Entered: 10/06/2015)

Oct. 5, 2015

Oct. 5, 2015

PACER
32

CLERK'S JUDGMENT, entered pursuant to 31 Order. (tdl) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER

Case Details

State / Territory: Florida

Case Type(s):

Disability Rights

Disability Rights

Key Dates

Filing Date: Aug. 15, 2013

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

This is a state-wide class action brought on behalf of over 300 individuals with psychiatric disabilities segregated in Florida state psychiatric treatment facilities.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Department of Children and Families (DCF) and the Secretary of Florida’s Agency for Health Care Administration (AHCA),, State

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Conditional Dismissal

Content of Injunction:

Monitoring

Required disclosure

Issues

Disability and Disability Rights:

Mental impairment

P&A Associational Standing

Discrimination-basis:

Disability (inc. reasonable accommodations)

Type of Facility:

Government-run