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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