University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Cruz v. Arnold PB-FL-0010
Docket / Court 1:10-cv-23048-UU ( S.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
This case emerged from Haddad v. Arnold. With slightly differing facts from others in the proposed class in Haddad, plaintiffs Luis Cruz and Nigel de la Torre filed this separate complaint in the U.S. District Court for the Southern ... read more >
This case emerged from Haddad v. Arnold. With slightly differing facts from others in the proposed class in Haddad, plaintiffs Luis Cruz and Nigel de la Torre filed this separate complaint in the U.S. District Court for the Southern District of Florida on April 15, 2011. The plaintiffs have spinal cord injuries that caused quadriplegia. Both have paralysis, use a wheelchair for mobility, and require assistance in their homes in order to perform daily life activities. Although both plaintiffs receive some in-home nursing through Medicaid, this is insufficient to meet their needs (about 2 hours a day of care). They are both on the waitlist for Florida Medicaid's traumatic brain and spinal cord injury waiver services, and the state administrators have responded negatively to their inquiries, indicating limitations in the program that would prevent the plaintiffs from receiving waiver services in the foreseeable future. The plaintiffs argued that this placed them at risk of unnecessary institutionalization and thus violated the Americans with Disabilities Act (under the precedent Olmstead v. L.C.) and Section 504 of the Rehabilitation Act of 1973.

Following a Report and Recommendation from Magistrate Judge Andrea Simonton, District Court Judge Ursula Ungaro granted the plaintiff's motion for preliminary injunction on November 24, 2010, finding that the plaintiffs had demonstrated a likelihood of success on the merits and that they stood to suffer irreparable harm without waiver services. The injunction ordered the state to provide such services.

With waiver services in place for the plaintiffs, the parties agreed to dismiss the case on April 15, 2011. The case was reopened for the purpose of determining attorney's fees and the parties litigated this issue for a year, with a Magistrate Judge finding in favor of the plaintiffs and awarding fees in February 2012. The parties settled soon after.

Beth Kurtz - 11/29/2012


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Benefit Source
Medicaid
Defendant-type
Jurisdiction-wide
Disability
Integrated setting
Least restrictive environment
Mobility impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Deinstitutionalization/decarceration
Habilitation (training/treatment)
Individualized planning
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 Plaintiffs are two individuals with quadriplegia. Due to their mobility impairments, they require adequate home care services in order to 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 Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Docket(s)
1:10−cv−23048 (S.D. Fla.) 03/16/2012
PB-FL-0010-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 08/17/2010
PB-FL-0010-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs Luis Cruz and Nigel De La Torre's Motion for Preliminary Injunction and Expedited Hearing and Attached Memorandum of Law 08/17/2010
PB-FL-0010-0002.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 09/09/2010
PB-FL-0010-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Motion to Dismiss Complaint 09/09/2010
PB-FL-0010-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs Cruz and De La Torre's Reply to Defendants' Memorandum in Opposition to the Preliminary Injunction 09/13/2010
PB-FL-0010-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Statement of Interest of the United States of America 09/14/2010
PB-FL-0010-0014.pdf | Detail
Document Source: U.S. Department of Justice Civil Rights Division, Disability Rights Section
Defendants' Reply to Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Dismiss 10/01/2010
PB-FL-0010-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Reply to Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss 10/01/2010
PB-FL-0010-0012.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Report and Recommendation on Plaintiffs' Motion for Preliminary Injunction 10/12/2010 (2010 WL 4284955)
PB-FL-0010-0006.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Adopting Magistrate's Report and Recommendations 11/24/2010 (S.D. Fla.)
PB-FL-0010-0013.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order on Motion to Dismiss 01/14/2011 (S.D. Fla.)
PB-FL-0010-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Simonton, Andrea Miles (S.D. Fla.) [Magistrate]
PB-FL-0010-0006
Torres, Edwin G. (S.D. Fla.) [Magistrate]
PB-FL-0010-9000
Ungaro, Ursula Mancusi (S.D. Fla.)
PB-FL-0010-0007 | PB-FL-0010-0013 | PB-FL-0010-9000
Monitors/Masters None on record
Plaintiff's Lawyers Browning, Steven R. (Florida)
PB-FL-0010-0011 | PB-FL-0010-9000
Gold, Stephen F. (Pennsylvania)
PB-FL-0010-0001 | PB-FL-0010-0002 | PB-FL-0010-0011 | PB-FL-0010-9000
Howanitz, Jay M. (Florida)
PB-FL-0010-0001 | PB-FL-0010-0002 | PB-FL-0010-9000
Defendant's Lawyers Sheeran, Andrew T (Florida)
PB-FL-0010-0003 | PB-FL-0010-0004 | PB-FL-0010-0005 | PB-FL-0010-0012 | PB-FL-0010-9000
Shelkofsky, Morris E. Jr. (Florida)
PB-FL-0010-0003 | PB-FL-0010-0004 | PB-FL-0010-0005 | PB-FL-0010-0012 | PB-FL-0010-9000
Whitney, Enoch Jonathan (Florida)
PB-FL-0010-9000
Other Lawyers Bagenstos, Samuel R. (District of Columbia)
PB-FL-0010-0014
Breen, Philip L. (District of Columbia)
PB-FL-0010-0014
Ferrer, Wilfredo A (Florida)
PB-FL-0010-0014
Harrell-James, Veronica Vanessa (Florida)
PB-FL-0010-0014
Perez, Thomas E. (District of Columbia)
PB-FL-0010-0014
Raish, Anne (District of Columbia)
PB-FL-0010-0014
Wodatch, John L. (District of Columbia)
PB-FL-0010-0014
Wohlenhaus, Renee M. (District of Columbia)
PB-FL-0010-0014

- click to show/hide ALL -

new search
page permalink

- top of page -