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Civil Rights Litigation Clearinghouse
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Case Name Dubois v. Medows PB-FL-0003
Docket / Court 4:03-cv-00107 ( N.D. Fla. )
State/Territory Florida
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Case Summary
On April 11, 2003, three individuals with brain or spinal injuries who were on the waiting list for the Brain or Spinal Cord Injury Medicaid Home and Community Based Waiver Program (BSCI Waiver Program) filed a lawsuit against several Florida state officials under the Americans with Disabilities ... read more >
On April 11, 2003, three individuals with brain or spinal injuries who were on the waiting list for the Brain or Spinal Cord Injury Medicaid Home and Community Based Waiver Program (BSCI Waiver Program) filed a lawsuit against several Florida state officials under the Americans with Disabilities Act, 42 U.S.C. §1201 et seq.; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794(a); Title XIX of the Social Security Act, 42 U.S.C. §1396 et seq., and Due Process Clause in the U.S. District Court for the Northern District of Florida, Tallahassee Division. The plaintiffs, represented by public service attorneys, asked the Court for declaratory and injunctive relief, alleging that due to defendants' underfunding and poor administration, only 176 individuals were receiving BSCI Waiver Program services in Florida, despite a waiting list of 226 who met eligibility requirements.

On March 1, 2004, the Court (Judge Stephan P. Mickle) granted the plaintiffs' motion for class certification.

After a long period of discovery and negotiations, the parties reached a Settlement Agreement on October 10, 2006, according to which, defendants agreed to make it a priority to seek funding to expand the BSCI Waiver Program by at least 200 slots for the next three years.

On January 4, 2007, the Court (Judge Mickle) approved the Settlement Agreement and dismissed the case with prejudice.

Kunyi Zhang - 02/04/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Constitutional Clause
Due Process
Plaintiff Type
Private Plaintiff
Causes of Action Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Defendant(s) State of Florida
Plaintiff Description A group of individuals with brain or spinal cord injuries who were on the waiting list for the Brain or Spinal Cord Injury Medicaid Home and Community Based Waiver Program.
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 not on record
Case Closing Year 2007
Case Ongoing No
Docket(s)
4:03−cv−00107 (N.D. Fla.) 01/04/2007
PB-FL-0003-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 04/11/2003
PB-FL-0003-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order (Denying Motions to Dismiss, Granting Class Certification) 03/01/2004 (N.D. Fla.)
PB-FL-0003-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Joint Notice of Filing Settlement Agreement 10/10/2006
PB-FL-0003-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs’ Memorandum in Support of Joint Motion for Approval of Settlement Agreement 01/03/2007
PB-FL-0003-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Approval of Settlement Agreement 01/04/2007 (N.D. Fla.)
PB-FL-0003-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Dismissal with Prejudice 01/04/2007 (N.D. Fla.)
PB-FL-0003-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Kornblum, Allan N. (N.D. Fla.) [Magistrate]
PB-FL-0003-9000
Mickle, Stephan P. (N.D. Fla.)
PB-FL-0003-0002 | PB-FL-0003-0005 | PB-FL-0003-0006 | PB-FL-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Costello, Andrea Hope (Florida)
PB-FL-0003-0001 | PB-FL-0003-0003 | PB-FL-0003-0004 | PB-FL-0003-9000
Perkins, Jane (North Carolina)
PB-FL-0003-0001 | PB-FL-0003-0003 | PB-FL-0003-0004 | PB-FL-0003-9000
Sleasman, Peter P. (Florida)
PB-FL-0003-0001 | PB-FL-0003-0003 | PB-FL-0003-0004 | PB-FL-0003-9000
Somers, Sarah (North Carolina)
PB-FL-0003-0001 | PB-FL-0003-0003 | PB-FL-0003-0004 | PB-FL-0003-9000
Defendant's Lawyers Finkel, Charles Alan (Florida)
PB-FL-0003-9000
MacInnes, Douglas B. (Florida)
PB-FL-0003-0003 | PB-FL-0003-9000
Waas, George Lee (Florida)
PB-FL-0003-0003 | PB-FL-0003-9000
Other Lawyers None on record

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