University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Dykes v. Dudek PB-FL-0011
Docket / Court 4:11-cv-00116-RS-CAS ( N.D. Fla. )
State/Territory Florida
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization NDRN/Protection & Advocacy Organizations
Case Summary
Represented by Disability Rights Florida (the Protection & Advocacy Agency for Florida), individuals with developmental disabilities filed this lawsuit in the U.S. District Court for the Northern District of Florida on March 23, 2011, challenging their continued placement on the waitlist for ... read more >
Represented by Disability Rights Florida (the Protection & Advocacy Agency for Florida), individuals with developmental disabilities filed this lawsuit in the U.S. District Court for the Northern District of Florida on March 23, 2011, challenging their continued placement on the waitlist for Florida's developmental disability Medicaid waiver services. Some of the plaintiffs lived in the community but alleged that the state's inability to provide them with services via the waiver would put them at risk of unnecessary institutionalization. Other plaintiffs resided in ICF/DD institutions (intermediate care facilities for the developmentally disabled) but claimed that they could live in the community if the state provided them with waiver services. The plaintiffs allege that the state's current policy of only allowing limited waiver enrollment for individuals deemed "in crisis" violates the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and Medicaid.

The Defendants filed a motion to dismiss for failure to state a claim, but the court (Judge Richard Smoak) denied the motion on August 30, 2011. The plaintiffs then filed a motion for class certification. On October 14, 2011, Judge Smoak denied the motion for class certification, finding that the institutionalized plaintiffs and the non-institutionalized plaintiffs did not sufficiently share interests. In fact, they would probably compete with each other for enrollment slots if any opened up on the DD Waiver. Institutionalized plaintiffs will necessarily never reach the point of being in "crisis" (and are thus categorically prevented from enrollment under the current policies), but plaintiffs in the community could possibly get off the waitlist if their lack of sufficient services caused a crisis situation. Because Disability Rights Florida, as the state Protection and Advocacy Agency, has organizational standing to sue on behalf of individuals with disabilities, however, the case was able to proceed.

Discovery continued, and the parties litigated the issue of standing for some of the plaintiffs whose status had changed throughout the course of the lawsuit. In July 2012, the parties entered a private settlement agreement and agreed to dismiss the lawsuit.

The settlement agreement contained a few separate provisions. First, the Florida legislature had recently included a budget proviso requiring funds to be made available to transfer individuals from ICF/DD placement to the DD waiver. The Agency for Healthcare Administration will request this budget proviso in future years. The state also agreed to expedite the enrollment of individuals deemed in crisis, and to provide employment support services. Finally, the state will create a DD Waiver working group and will include stakeholders representing the disability community.

Beth Kurtz - 12/08/2012


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Defendant-type
Jurisdiction-wide
Disability
disability, unspecified
Integrated setting
Least restrictive environment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Deinstitutionalization/decarceration
Habilitation (training/treatment)
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Wait lists
Medical/Mental Health
Intellectual/Developmental Disability
Mental Disability
Intellectual/developmental disability, unspecified
Plaintiff Type
Private Plaintiff
Causes of Action Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
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
Defendant(s) Florida Agency for Health Care Administration
Florida Agency for Persons with Disabilities
State of Florida
Plaintiff Description Plaintiffs are individuals with developmental disabilities who are eligible to receive services under Florida's developmental disability Medicaid waiver program, but remain on its waitlist. Some of the plaintiffs reside in the community while others reside in ICF/DD facilities. In addition, Disability Rights Florida (the Protection & Advocacy Agency for Florida) is a plaintiff.
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought Yes
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2012 - n/a
Case Closing Year 2012
Case Ongoing No
Docket(s)
4:11-cv-116 (N.D. Fla.) 07/09/2012
PB-FL-0011-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Amended Class Action Complaint for Declaratory and Injunctive Relief 07/08/2011
PB-FL-0011-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Motion to Dismiss Amended Complaint 07/22/2011
PB-FL-0011-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Motion for Class Certification and Memorandum of Law in Support 08/31/2011
PB-FL-0011-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Motion to Dismiss for Lack of Standing 09/13/2011
PB-FL-0011-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Motion to Dismiss for Lack of Standing 10/03/2011 (2011 WL 4552395) (N.D. Fla.)
PB-FL-0011-0011.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Plaintiffs' Motion for Class Certification 10/14/2011 (2011 WL 4904407) (N.D. Fla.)
PB-FL-0011-0013.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendant's Statement of Undisputed Material Facts in Support of Defendant's Motion for Summary Judgment 05/02/2012
PB-FL-0011-0014.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendant's Motion for Summary Judgment 05/02/2012
PB-FL-0011-0015.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion for Summary Judgment 05/02/2012
PB-FL-0011-0016.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Statement of Undisputed Facts in Support of their Motion for Summary Judgment 05/02/2012
PB-FL-0011-0020.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Motion to Dismiss Disability Rights Florida, Inc.'s, Amended Complaint for Lack of Standing 05/05/2012
PB-FL-0011-0019.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Second Motion for Summary Judgment 06/26/2012
PB-FL-0011-0023.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Response to Defendants' Motion to Dismiss 06/26/2012
PB-FL-0011-0024.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Second Motion for Summary Judgment 06/26/2012
PB-FL-0011-0025.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Mediation Report 07/06/2012
PB-FL-0011-0021.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order (Upon Submission of Settlement) 07/09/2012 (N.D. Fla.)
PB-FL-0011-0022.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Disability Rights Florida Press Release - DD Waiver Waitlist Litigation Settled 07/26/2012
PB-FL-0011-0026.pdf | Detail
Judges Smoak, John Richard Jr. (N.D. Fla.)
PB-FL-0011-0011 | PB-FL-0011-0013 | PB-FL-0011-0022 | PB-FL-0011-9000
Monitors/Masters None on record
Plaintiff's Lawyers Heystek, Amanda (Florida)
PB-FL-0011-0001 | PB-FL-0011-0006 | PB-FL-0011-0016 | PB-FL-0011-0020 | PB-FL-0011-0024 | PB-FL-0011-0025 | PB-FL-0011-9000
Liles, Paul E. (Florida)
PB-FL-0011-0001 | PB-FL-0011-0006 | PB-FL-0011-0016 | PB-FL-0011-0020 | PB-FL-0011-0024 | PB-FL-0011-0025 | PB-FL-0011-9000
McDonald, Maryellen (Florida)
PB-FL-0011-0001 | PB-FL-0011-0006 | PB-FL-0011-0016 | PB-FL-0011-0020 | PB-FL-0011-0024 | PB-FL-0011-0025 | PB-FL-0011-9000
Defendant's Lawyers Blocker, William Michael II (Florida)
PB-FL-0011-0023 | PB-FL-0011-9000
Cremer, Terin Barbas (Florida)
PB-FL-0011-9000
Fridie, Debora E. (Florida)
PB-FL-0011-0009 | PB-FL-0011-0014 | PB-FL-0011-0015 | PB-FL-0011-0019 | PB-FL-0011-0023 | PB-FL-0011-9000
Ito, Marc (Florida)
PB-FL-0011-0014 | PB-FL-0011-0015 | PB-FL-0011-0019 | PB-FL-0011-0023 | PB-FL-0011-9000
Osterhaus, Timothy D. (Florida)
PB-FL-0011-0009 | PB-FL-0011-9000
Palecki, Michael (Florida)
PB-FL-0011-0002 | PB-FL-0011-0009 | PB-FL-0011-9000
Sheeran, Andrew T (Florida)
PB-FL-0011-0002 | PB-FL-0011-0009 | PB-FL-0011-0014 | PB-FL-0011-0015 | PB-FL-0011-0019 | PB-FL-0011-0023 | PB-FL-0011-9000
Singn-Silva, Elizabeth Natalie (Florida)
PB-FL-0011-9000
Smith, Beverly H (Florida)
PB-FL-0011-0002 | PB-FL-0011-0009 | PB-FL-0011-0014 | PB-FL-0011-0015 | PB-FL-0011-0019 | PB-FL-0011-0023 | PB-FL-0011-9000
Trippe, Charles M. Jr. (Florida)
PB-FL-0011-0009
White, Christopher (Florida)
PB-FL-0011-0001 | PB-FL-0011-0006 | PB-FL-0011-0016 | PB-FL-0011-0020 | PB-FL-0011-0024 | PB-FL-0011-0025 | PB-FL-0011-9000
Williams, Stuart Fraser (Florida)
PB-FL-0011-0019 | PB-FL-0011-0023 | PB-FL-0011-9000
Other Lawyers None on record

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