University of Michigan Law School
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Case Name Brown v. Bush PB-FL-0001
Docket / Court 1:98-cv-00673 ( S.D. Fla. )
State/Territory Florida
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Case Summary
On May 24, 1998, a group of individuals confined to Florida's four Developmental State Institutions for Persons with Developmental Disabilities ("DSIs") filed suit against the state of Florida and relevant state officials alleging that the defendants failed to take appropriate measures to ... read more >
On May 24, 1998, a group of individuals confined to Florida's four Developmental State Institutions for Persons with Developmental Disabilities ("DSIs") filed suit against the state of Florida and relevant state officials alleging that the defendants failed to take appropriate measures to habilitate the plaintiffs, and as a result, the plaintiffs suffered harm and some even died. They asserted claims under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. ("ADA") and its regulations; the Rehabilitation Act of 1973; 29 U .S.C. § 794; the Social Security Act, 42 U.S.C. § 1396 et seq . and its regulations; and 42 U .S.C. § 1983, alleging Due Process and Equal Protection violations. Represented by Florida's Advocacy Center for Persons with Disabilities, the plaintiffs asked the U.S District Court for the Southern District of Florida for declaratory and injunctive relief.

On March 10, 1999, the Court (Judge Wilkie D. Ferguson) entered an order certifying a class. Defendants appealed the order to the Eleventh Circuit and on February 3, 2000, the Eleventh Circuit issued an opinion reversing and vacating the class certification order and remanding the matter back to the Court for further action with instructions to certify the class as instructed. On February 11, 2000, the Court (Judge Ferguson) issued a Revised Order certifying a class.

After lengthy mediation and negotiations, the parties reached a Settlement Agreement on May 11, 2004, which was filed with the Court on May 21, 2004. On June 16, 2004, the parties submitted an amended Agreement, according to which Defendants agreed to utilize both the Supported Living Home and Community-Based Services Waiver and the Developmental Disabilities Home and Community-Based Services Waiver to serve clients residing in the DSIs. Defendants also agreed to close one DSI no later than June 30, 2005 and another no later than July 1, 2010.

On August 11, 2005, the Court (Judge Jose E. Martinez) approved the Amended Settlement Agreement. On July 2, 2007, the Court (Judge Martinez) granted the parties' Joint Motion to Dismiss Case After Substantial Compliance with Amended Settlement Agreement and closed the case.

Kunyi Zhang - 01/30/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Plaintiff Type
Private Plaintiff
Causes of Action Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) State of Florida
Plaintiff Description Individuals then confined to Florida’s four Developmental State Institutions for Persons with Developmental Disabilities.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2004 - 2007
Case Closing Year 2007
Case Ongoing No
Docket(s)
1:98-cv-00673 (S.D. Fla.) 07/02/2007
PB-FL-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 03/26/1998
PB-FL-0001-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum on Motion for Class Certification 03/11/1999 (S.D. Fla.)
PB-FL-0001-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement 05/21/2004
PB-FL-0001-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Settlement Agreement 06/17/2004
PB-FL-0001-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Approving Settlement Agreement 08/12/2005
PB-FL-0001-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Joint Motion to Dismiss Case 07/02/2007 (S.D. Fla.)
PB-FL-0001-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Ferguson, Wilkie D. Jr. (S.D. Fla.)
PB-FL-0001-0002
Martinez, Jose E. (S.D. Fla.)
PB-FL-0001-0005 | PB-FL-0001-0006 | PB-FL-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Fleischner, Robert D. (Massachusetts)
PB-FL-0001-0003 | PB-FL-0001-0004 | PB-FL-0001-9000
Grissom, Hubert A. (Florida)
PB-FL-0001-0003 | PB-FL-0001-0004 | PB-FL-0001-9000
Lippman, Juliette E (Florida)
PB-FL-0001-0001 | PB-FL-0001-9000
Nimkoff, Peter (Florida)
PB-FL-0001-0001 | PB-FL-0001-9000
Ortiz, Isaias (Florida)
PB-FL-0001-9000
Saideman, Ellen Marjorie (Florida)
PB-FL-0001-0001 | PB-FL-0001-0003 | PB-FL-0001-0004 | PB-FL-0001-9000
Schwartz, Steven J. (Massachusetts)
PB-FL-0001-0003 | PB-FL-0001-0004 | PB-FL-0001-9000
Defendant's Lawyers Crist, Charles J. Jr. (Florida)
PB-FL-0001-0003 | PB-FL-0001-0004
Daniel, Stephanie A. (Florida)
PB-FL-0001-0003 | PB-FL-0001-0004 | PB-FL-0001-9000
Meyers, Andrew Jeffrey (Florida)
PB-FL-0001-9000
Miller, JC (District of Columbia)
PB-FL-0001-9000
Smith, Chesterfield Jr. (Florida)
PB-FL-0001-0003 | PB-FL-0001-0004 | PB-FL-0001-9000
York, Thomas B. (Pennsylvania)
PB-FL-0001-9000
Other Lawyers None on record

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