University of Michigan Law School
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Case Name Jobe O. v. Spitzer PB-NY-0014
Docket / Court 1:03-cv-08331-CM ( S.D.N.Y. )
State/Territory New York
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization Bazelon Center
Legal Services/Legal Aid
Case Summary
On October 20, 2003, a lawsuit against various New York state officials was filed on behalf of individuals in New York City jails awaiting treatment for their serious chemical dependency and mental illnesses under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. Plaintiff, ... read more >
On October 20, 2003, a lawsuit against various New York state officials was filed on behalf of individuals in New York City jails awaiting treatment for their serious chemical dependency and mental illnesses under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. Plaintiff, represented by private counsel and legal aid, asked the court for declaratory and injunctive relief, claiming that they were incarcerated instead of being placed in treatment because the state failed to provide sufficient placements and programming.

On August 11, 2005, the Court (Judge Richard Conway Casey) denied Defendants' motion to dismiss because it was not clear that Plaintiffs had not exhausted administrative remedies.

On March 15, 2007, the Court (Magistrate Judge Kevin Nathanial Fox) denied Defendants' motion for a protective order and granted Plaintiffs' motion for sanctions against Defendants for failure to comply with discovery requests. Jobe O. v. Pataki, 2007 WL 844707 (S.D.N.Y. Mar. 15, 2007).

On December 5, 2007, the Court (Judge Colleen McMahon) issued a decision and order dismissing the complaint for lack of subject matter jurisdiction and granting leave to substitute an appropriate named plaintiff and move for class certification within ninety days. Jobie O. v. Spitzer, 2007 WL 4302921 (S.D.N.Y. Dec. 5, 2007). The Court found that the named plaintiff was not appropriate because he had been released from incarceration long before the complaint was filed.

When Plaintiff's counsel failed to substitute an appropriate named plaintiff within ninety days, the Court dismissed the complaint. Jobie O. v. Spitzer, 2008 WL 834002 (S.D.N.Y. Mar. 11, 2008). There has been no further action, and the case has been closed.

Haley Waller - 04/09/2011


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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
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) State of New York
Plaintiff Description Individuals incarcerated in New York City jails awaiting treatment for their mental illness and chemical dependency
Indexed Lawyer Organizations Bazelon Center
Legal Services/Legal Aid
Class action status sought Yes
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2008
Case Ongoing No
Docket(s)
1:03-cv-08331-CM (S.D.N.Y.) 03/11/2008
PB-NY-0014-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
COMPLAINT 10/20/2003
PB-NY-0014-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM & ORDER 08/11/2005 (S.D.N.Y.)
PB-NY-0014-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM AND ORDER 03/15/2007 (2007 WL 844707) (S.D.N.Y.)
PB-NY-0014-0004.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DECISION AND ORDER DISMISSING THE AMENDED COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION 12/05/2007 (2007 WL 4302921) (S.D.N.Y.)
PB-NY-0014-0006.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER DISMISSING COMPLAINT 03/11/2008 (2008 WL 834002) (S.D.N.Y.)
PB-NY-0014-0003.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Casey, Richard Conway (S.D.N.Y.)
PB-NY-0014-0005 | PB-NY-0014-9000
Fox, Kevin N. (S.D.N.Y.) [Magistrate]
PB-NY-0014-0004 | PB-NY-0014-9000
McMahon, Colleen (S.D.N.Y.)
PB-NY-0014-0003 | PB-NY-0014-0006 | PB-NY-0014-9000
Monitors/Masters None on record
Plaintiff's Lawyers Barr, Heather (New York)
PB-NY-0014-0001 | PB-NY-0014-9000
Burnim, Ira Abraham (District of Columbia)
PB-NY-0014-0001 | PB-NY-0014-9000
Harris, Ellen (District of Columbia)
PB-NY-0014-0001 | PB-NY-0014-9000
Hendricks, Susan L. (New York)
PB-NY-0014-0001 | PB-NY-0014-9000
Lubitz, David M. (New York)
PB-NY-0014-0001 | PB-NY-0014-9000
Maxian, Michelle (New York)
PB-NY-0014-0001 | PB-NY-0014-9000
Seltzer, Tamara Lynn (District of Columbia)
PB-NY-0014-0001 | PB-NY-0014-9000
Steinberg, Shari Lynn (District of Columbia)
PB-NY-0014-0001 | PB-NY-0014-9000
Stephens, Kenneth (New York)
PB-NY-0014-0001 | PB-NY-0014-9000
Defendant's Lawyers Jaffe, William B. (District of Columbia)
PB-NY-0014-9000
Spitzer, Eliot (New York)
PB-NY-0014-9000
Other Lawyers None on record

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