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Case Name Haddad v. Arnold PB-FL-0009
Docket / Court 3:10-cv-00414-MMH-TEM ( M.D. Fla. )
State/Territory Florida
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization Steve Gold
Case Summary
The Plaintiff in this case has been paralyzed from the chest down ever since an accident in 2007. She has limited mobility and manual dexterity, and thus requires some assistance in caring for herself carrying out daily activities. After her accident, she placed herself on the waitlist for Florida ... read more >
The Plaintiff in this case has been paralyzed from the chest down ever since an accident in 2007. She has limited mobility and manual dexterity, and thus requires some assistance in caring for herself carrying out daily activities. After her accident, she placed herself on the waitlist for Florida Medicaid's Traumatic Brain Injury/Spinal Cord (TBI/SC) Waiver Program.

In early 2010, Plaintiff's husband and primary caregiver left her home following a divorce. She then contacted the state in the hope of receiving Waiver services but was told she would need to spend 60 days in an institution to then be eligible for community-based services to meet her needs. She then filed this lawsuit on May 13, 2010 in the U.S. District Court for the Middle District of Florida challenging this condition for receipt of services as a violation of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. She filed a concurrent complaint and motion for preliminary injunction, asking the court to order the state to immediately provide services that will allow her to remain in the community. The U.S. Department of Justice filed a Statement of Interest supporting the Plaintiff's motion for preliminary injunction.

At a June 15, 2010 hearing, the Plaintiff's counsel informed the court that the Plaintiff had been hospitalized due to an unrelated issue, but that she would not be able to return home without the services that the TBI/SC waiver provides. After additional briefing, the District Court (Judge Marcia Morales Howard) granted the motion for preliminary injunction and ordered that the Plaintiff begin to receive services on June 23, 2010 so that she could be discharged from the hospital. The court issued its full analysis in granting the preliminary injunction on July 9, 2010.

In March 2011, the court denied the Defendants' motion to dismiss, finding that the Plaintiff had stated a claim under the ADA. At this time, the Plaintiff had been enrolled in the waiver program for several months. Thus, the parties stipulated to settle the claims with no further obligations for the Defendants. After some dispute over attorney's fees, the parties agreed to dismiss the matter on April 19, 2011.

Beth Kurtz - 11/27/2012


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Content of Injunction
Preliminary relief granted
Reasonable Accommodation
Defendant-type
Hospital/Health Department
Jurisdiction-wide
Disability
Integrated setting
Least restrictive environment
Mobility impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Deinstitutionalization/decarceration
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Wait lists
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) Florida Agency for Health Care Administration
Florida Department of Health
Plaintiff Description Plaintiff is paralyzed from the chest down due to a spinal cord injury. She requires assistance in daily life activities so that she can remain in the community.
Indexed Lawyer Organizations Steve Gold
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2011
Case Ongoing No
Docket(s)
3:10-cv-00414-MMH-TEM (M.D. Fla.) 04/05/2012
PB-FL-0009-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 05/13/2010
PB-FL-0009-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff Michelle Haddad's Motion for Preliminary Injunction, Memorandum in Support Thereof, and Expedited Hearing 05/13/2010
PB-FL-0009-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Statement of Interest of the United States of America 05/24/2010
PB-FL-0009-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Response and Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction 06/02/2010
PB-FL-0009-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Motion to Dismiss Complaint 06/08/2010
PB-FL-0009-0016.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Supplemental Statement of Interest of the United States of America 06/15/2010
PB-FL-0009-0017.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Memorandum of Law on the Standard for Injunctive Relief 06/21/2010
PB-FL-0009-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
United States Memorandum of Law Regarding the Preliminary Injunction Standard 06/21/2010
PB-FL-0009-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Preliminary Injunctive Relief 06/23/2010 (M.D. Fla.)
PB-FL-0009-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion on Preliminary Injunction 07/09/2010 (784 F.Supp.2d 1284) (M.D. Fla.)
PB-FL-0009-0009.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Motion to Dismiss 03/16/2011 (784 F.Supp.2d 1308) (M.D. Fla.)
PB-FL-0009-0018.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Joint Stipulation of Dismissal with Prejudice 04/15/2011
PB-FL-0009-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order on Attorney's Fees 02/02/2012 (2012 WL 473839) (M.D. Fla.)
PB-FL-0009-0005.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Howard, Marcia Morales (M.D. Fla.) [Magistrate]
PB-FL-0009-0005 | PB-FL-0009-0008 | PB-FL-0009-0009 | PB-FL-0009-0018 | PB-FL-0009-9000
Morris, Thomas E. (M.D. Fla.) [Magistrate]
PB-FL-0009-9000
Monitors/Masters None on record
Plaintiff's Lawyers Gold, Stephen F. (Pennsylvania)
PB-FL-0009-0001 | PB-FL-0009-0002 | PB-FL-0009-0010 | PB-FL-0009-9000
Howanitz, Jay M. (Florida)
PB-FL-0009-0001 | PB-FL-0009-0002 | PB-FL-0009-0010 | PB-FL-0009-9000
Defendant's Lawyers Blocker, William Michael II (Florida)
PB-FL-0009-0004 | PB-FL-0009-0006 | PB-FL-0009-0016 | PB-FL-0009-9000
Sheeran, Andrew T (Florida)
PB-FL-0009-0004 | PB-FL-0009-0006 | PB-FL-0009-0010 | PB-FL-0009-0016 | PB-FL-0009-9000
Whitney, Enoch Jonathan (Florida)
PB-FL-0009-0004 | PB-FL-0009-0006 | PB-FL-0009-0010 | PB-FL-0009-0016 | PB-FL-0009-9000
Other Lawyers Bagenstos, Samuel R. (District of Columbia)
PB-FL-0009-0003 | PB-FL-0009-0007 | PB-FL-0009-0017
Breen, Philip L. (District of Columbia)
PB-FL-0009-0007 | PB-FL-0009-0017 | PB-FL-0009-9000
Esposito, Beth A (District of Columbia)
PB-FL-0009-0003 | PB-FL-0009-0017 | PB-FL-0009-9000
Holder, Eric H. Jr. (District of Columbia)
PB-FL-0009-0003
Perez, Thomas E. (District of Columbia)
PB-FL-0009-0003 | PB-FL-0009-0007 | PB-FL-0009-0017
Raish, Anne (District of Columbia)
PB-FL-0009-0007
Wodatch, John L. (District of Columbia)
PB-FL-0009-0007 | PB-FL-0009-0017 | PB-FL-0009-9000
Wohlenhaus, Renee M. (District of Columbia)
PB-FL-0009-0007 | PB-FL-0009-0017 | PB-FL-0009-9000

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