University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Alexander v. Senior PB-FL-0021
Docket / Court 4:18-cv-00569 ( N.D. Fla. )
State/Territory Florida
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Case Summary
On December 12, 2018, six low-income older adults and adults with disabilities filed a putative class-action lawsuit in the U.S. District Court Northern District of Florida. The case was assigned to Judge Robert L. Hinkle. Represented by Disability Rights Florida, Southern Legal Counsel, and ... read more >
On December 12, 2018, six low-income older adults and adults with disabilities filed a putative class-action lawsuit in the U.S. District Court Northern District of Florida. The case was assigned to Judge Robert L. Hinkle. Represented by Disability Rights Florida, Southern Legal Counsel, and Justice in Aging, the plaintiffs sued the Florida Agency for Health Care Administration and the Florida Department of Elder Affairs, under the Americans with Disabilities Act (“ADA”) and the Medicaid Act.

The plaintiffs alleged that the defendants’ administration of the Medicaid long-term care system violated the civil rights of the plaintiffs by requiring them to choose between receiving needed care and remaining in their homes. Specifically, the defendants’ administrative, planning, and funding decisions heavily favored nursing facility payment and nursing facility entry, perpetuating the unnecessary institutionalization and segregation of older adults and people with disabilities. The plaintiffs alleged that this violated Title II of the ADA. They sought declarative and injunctive relief.

The case is ongoing. On January 17, 2019, Judge Hinkle extended the deadline for the defendants to respond to the plaintiffs complaint to February 7, 2019.

Michael Beech - 02/03/2019


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Defendant-type
Jurisdiction-wide
Disability
Integrated setting
Least restrictive environment
General
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Wait lists
Plaintiff Type
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)
Defendant(s) Florida Agency for Health Care Administration
Florida Department of Elder Affairs
Plaintiff Description Elderly individuals on Medicaid waitlists for community- or home-based long-term care services.
Class action status sought Yes
Class action status granted Pending
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filing Year 2018
Case Ongoing Yes
Docket(s)
4:18-cv-00569 (N.D. Fla.)
PB-FL-0021-9000.pdf | Detail
Date: 12/12/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 2]
PB-FL-0021-0001.pdf | Detail
Date: 12/12/2018
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Frank, Michael J. Court not on record [Magistrate] show/hide docs
PB-FL-0021-9000
Hinkle, Robert Lewis (N.D. Fla.) show/hide docs
PB-FL-0021-9000
Plaintiff's Lawyers Bailey, Regan Monica (Maryland) show/hide docs
PB-FL-0021-0001 | PB-FL-0021-9000
Carlson, Eric (California) show/hide docs
PB-FL-0021-0001 | PB-FL-0021-9000
Dunn, Chelsea L. (Florida) show/hide docs
PB-FL-0021-9000
Gomez-Rodon, Ashley L. (Florida) show/hide docs
PB-FL-0021-0001 | PB-FL-0021-9000
Heysteck, Amanda E. (Florida) show/hide docs
PB-FL-0021-0001 | PB-FL-0021-9000
Reichenberg, David (New York) show/hide docs
PB-FL-0021-0001 | PB-FL-0021-9000
Siegel, Jodi (Florida) show/hide docs
PB-FL-0021-0001 | PB-FL-0021-9000
Sullivan, John J. (New York) show/hide docs
PB-FL-0021-0001 | PB-FL-0021-9000
Wong, Carol A (District of Columbia) show/hide docs
PB-FL-0021-0001 | PB-FL-0021-9000
Wright, Nancy E. (Florida) show/hide docs
PB-FL-0021-0001 | PB-FL-0021-9000
Defendant's Lawyers Bardos, Andy V. (Florida) show/hide docs
PB-FL-0021-9000
Grow, Stefan R. (Florida) show/hide docs
PB-FL-0021-9000
Moore, James Timothy Jr. (Florida) show/hide docs
PB-FL-0021-9000
Sheeran, Andrew T (Florida) show/hide docs
PB-FL-0021-9000

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