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 ...
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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