Case: T.W. v. Jacobo

4:13-cv-00457 | U.S. District Court for the Northern District of Florida

Filed Date: Aug. 15, 2013

Clearinghouse coding complete

Case Summary

This is a state-wide class action brought on behalf of over 300 individuals with psychiatric disabilities segregated in Florida state psychiatric treatment facilities. Plaintiff prisoners and the Protection and Advocacy agency, Disability Rights Florida, alleged that by failing to provide adequate community placements, Defendants created a situation in which individuals with psychiatric disabilities are segregated in large state facilities in violation of Title II of the Americans with Disabili…

This is a state-wide class action brought on behalf of over 300 individuals with psychiatric disabilities segregated in Florida state psychiatric treatment facilities. Plaintiff prisoners and the Protection and Advocacy agency, Disability Rights Florida, alleged that by failing to provide adequate community placements, Defendants created a situation in which individuals with psychiatric disabilities are segregated in large state facilities in violation of Title II of the Americans with Disabilities Act (ADA). Plaintiffs sought, among other relief, an injunction requiring Defendants to administer mental health services in the most integrated setting appropriate to the needs of the individuals with disabilities. The proposed class consisted of all individuals committed to Florida’s Department of Corrections (DCF) custody who were residing in one of the State’s treatment facilities and who, presently or would at a later date, possess both the desire and capability to reside in the community with or without supports.

The complaint was filed on August 15, 2013 and was assigned to District Court Judge Honorable Robert Lewis Hinkle.  The parties were represented Disability Rights Florida on its own behalf and the general counsels for the two named state agencies. Defendants were the Secretary of Florida’s Department of Children and Families (DCF) and the Secretary of Florida’s Agency for Health Care Administration (AHCA), both sued in their official capacities. AHCA, in its motion to dismiss, argued that it had no role in the placement decisions and no authority to provide Plaintiffs with any meaningful relief because it “merely licenses hospitals.” Title II of the ADA does not obligate public entities such as AHCA to enforce the ADA against their licensees. The court ordered the dismissal of AHCA from the case and, on September 17, 2015 the case settled. 

Summary Authors

NDRN (8/11/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4501251/parties/t-w-v-dudek/


Judge(s)
Attorney for Plaintiff

BERG, RANDALL CHALLEN (Florida)

BOYER, DAVID ALLEN (Florida)

CASERTA, SHARON (Florida)

Attorney for Defendant

BLOCKER, WILLIAM MICHAEL (Florida)

FIGLIO, ERIK MATTHEW (Florida)

Documents in the Clearinghouse

Documents in this case
1

4:13-cv-00457

Class Action Complaint for Declaratory and Injunctive Relief

Aug. 15, 2013

Aug. 15, 2013

Complaint
20

4:13-cv-00457

Order Dismissing the Claims Against the Defendant Dudek

Jan. 13, 2014

Jan. 13, 2014

Order/Opinion

2014 WL 129056

30-1

4:13-cv-00457

Settlement Agreement

T.W. v. Carroll

Sept. 17, 2015

Sept. 17, 2015

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4501251/t-w-v-dudek/

Last updated April 10, 2026, 4:50 a.m.

ECF Number Date Description Link
1 Aug. 15, 2013

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 1129-2728836.), filed by T.W., DISABILITY RIGHTS FLORIDA INC, P.M.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Civil Cover Sheet Civil Cover Sheet) (BOYER, DAVID) (Entered: 08/15/2013)

1 Exhibit Exhibit 1

View on PACER

2 Exhibit Exhibit 2

View on PACER

3 Exhibit Exhibit 3

View on PACER

4 Civil Cover Sheet Civil Cover Sheet

View on PACER

Clearinghouse
2 Aug. 16, 2013

DOCKET ANNOTATION BY COURT TO ATTORNEY (BOYER, DAVID): Re 1 Complaint, filed by P.M., DISABILITY RIGHTS FLORIDA INC, T.W. - In accordance with N.D. Fla. Loc. R. 5.1(E), The completed Civil Cover Sheet (JS-44, Rev. 12/12) is to be filed as "a separate pleading" not an attachment to complaint. Therefore, please file the civil cover sheet using the event selection "Civil Cover Sheet" which is found under "Other Filings" under "Other Documents." (dlt) (Entered: 08/16/2013)

RECAP
3 Aug. 16, 2013

CIVIL COVER SHEET. (BOYER, DAVID) (Entered: 08/16/2013)

RECAP
4 Sept. 13, 2013

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW by ELIZABETH DUDEK. (FIGLIO, ERIK) (Entered: 09/13/2013)

RECAP
5 Sept. 17, 2013

INITIAL SCHEDULING ORDER : Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 10/1/2013. Rule 26 Meeting Report due by 10/31/2013. Discovery due by 1/14/2014. Signed by JUDGE ROBERT L HINKLE on 9/17/2013. (dlt) (Entered: 09/17/2013)

RECAP
6 Sept. 23, 2013

WAIVER OF SERVICE Returned Executed by DISABILITY RIGHTS FLORIDA INC. ESTHER JACOBO waiver sent on 8/15/2013, answer due 10/15/2013. (BOYER, DAVID) (Entered: 09/23/2013)

RECAP
7 Sept. 23, 2013

WAIVER OF SERVICE Returned Executed by DISABILITY RIGHTS FLORIDA INC. ELIZABETH DUDEK waiver sent on 8/15/2013, answer due 10/15/2013. (BOYER, DAVID) (Entered: 09/23/2013)

RECAP
8 Sept. 26, 2013

RESPONSE in Opposition re 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW filed by DISABILITY RIGHTS FLORIDA INC, P M, T W. (BOYER, DAVID) (Entered: 09/26/2013)

RECAP
9 Oct. 3, 2013

Corporate Disclosure Statement/Certificate of Interested Persons by DISABILITY RIGHTS FLORIDA INC. (BOYER, DAVID) (Entered: 10/03/2013)

RECAP
10 Oct. 3, 2013

MOTION for Leave to File Defandant Elizabeth Dudek's Unopposed Motion for Leave to File a Reply to Plaintiffs' Response to the Motion to Dismiss by ELIZABETH DUDEK. (FIGLIO, ERIK) (Entered: 10/03/2013)

RECAP
11 Oct. 8, 2013

ORDER ON FURTHER FILINGS ON THE MOTION TO DISMISS - GRANTING IN PART 10 MOTION for Leave to File. ( Supplemental Memorandum due by 10/15/2013., Reply memorandum due by 10/22/2013.). Signed by JUDGE ROBERT L HINKLE on 10/8/2013. (erl) (Entered: 10/08/2013)

RECAP
12 Oct. 8, 2013

Consent MOTION for Extension of Time to File Answer by ESTHER JACOBO. (FIGLIO, ERIK) (Entered: 10/08/2013)

RECAP
13 Oct. 11, 2013

ORDER EXTENDING THE DEFENDANT JACOBO'S DEADLINE TO RESPOND TO THE COMPLAINT - The defendant Esther Jacobo's unopposed motion, ECF No. 12, to extend the deadline to respond to the complaint is GRANTED IN PART. (Internal deadline for referral to judge if defendant Esther Jacobo's response to complaint not filed earlier: 10/25/2013).) An extension until after a ruling on the codefendant's motion to dismiss is denied. Signed by JUDGE ROBERT L HINKLE on 10/11/2013. (dlt) (Entered: 10/11/2013)

RECAP
14 Oct. 15, 2013

MEMORANDUM in Opposition re 10 MOTION for Leave to File Defandant Elizabeth Dudek's Unopposed Motion for Leave to File a Reply to Plaintiffs' Response to the Motion to Dismiss, 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW filed by DISABILITY RIGHTS FLORIDA INC, P M, T W. (HEYSTEK, AMANDA) (Entered: 10/15/2013)

RECAP
15 Oct. 22, 2013

REPLY to Response to Motion re 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW Defendant Elizabeth Dudek's Reply to Plaintiffs' Response to the Motion to Dismiss filed by ELIZABETH DUDEK. (FIGLIO, ERIK) (Entered: 10/22/2013)

RECAP
16 Oct. 24, 2013

REPORT of Rule 26(f) Planning Meeting. (BOYER, DAVID) (Entered: 10/24/2013)

RECAP
17 Oct. 25, 2013

Defendant Esther Jacobo's Answer and Affirmative Defenses to Plaintiffs' Class Action Complaint for Declaratory and Injunctive Relief ANSWER to 1 Complaint, by ESTHER JACOBO. (FIGLIO, ERIK) (Entered: 10/25/2013)

RECAP
18 Dec. 2, 2013

SCHEDULING AND MEDIATION ORDER :( Discovery due by 9/15/2014., Dispositive Motions to be filed by 10/6/2014., Jury Trial set for 1/20/2015 08:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE., Mediation Report due by 10/27/2014., Class certification Motions due by 8/14/2014.), Case referred to mediation. Signed by JUDGE ROBERT L HINKLE on 12/2/2013. (dlt) (Entered: 12/02/2013)

RECAP
19 Dec. 5, 2013

NOTICE of Appearance by MOLLY JEAN PARIS on behalf of All Plaintiffs (PARIS, MOLLY) (Entered: 12/05/2013)

RECAP
20 Jan. 13, 2014

ORDER DISMISSING THE CLAIMS AGAINST THE DEFENDANT DUDEK - GRANTED 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW filed by ELIZABETH DUDEK. I do not direct the entry of judgment underFederal Rule of Civil Procedure 54(b). Signed by JUDGE ROBERT L HINKLE on 1/13/2014. (dlt) (Entered: 01/14/2014)

Clearinghouse
21 June 18, 2014

Joint MOTION to Continue Initial Mediation Date by DISABILITY RIGHTS FLORIDA INC. (BOYER, DAVID) (Entered: 06/18/2014)

RECAP
22 July 2, 2014

ORDER EXTENDING THE DEADLINE TO BEGIN MEDIATION - The joint motion to extend the deadline to begin mediation, ECF No. 21, is GRANTED. Signed by JUDGE ROBERT L HINKLE on 7/2/2014. (tdl) (Entered: 07/02/2014)

RECAP
23 July 30, 2014

Joint MOTION to Stay by DISABILITY RIGHTS FLORIDA INC, P M, T W. (BOYER, DAVID) (Entered: 07/30/2014)

RECAP
24 Aug. 3, 2014

ORDER STAYING ALL PROCEEDINGS - The consented motion to stay all proceedings, ECF No. 23, is GRANTED. (Deadline for clerk to check status of stay by 3/31/2015., Discovery due by 5/15/2015., Jury Trial set for 9/21/2015 08:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE.) Signed by JUDGE ROBERT L HINKLE on 8/3/2014. (tdl) (Entered: 08/04/2014)

RECAP
25 Sept. 24, 2014

Joint MOTION for Protective Order by DISABILITY RIGHTS FLORIDA INC. (Attachments: # 1 Exhibit Stipulated Protective Order) (BOYER, DAVID) (Entered: 09/24/2014)

RECAP
26 Oct. 2, 2014

STIPULATED PROTECTIVE ORDER as to 25 Joint MOTION for Protective Order. Signed by JUDGE ROBERT L HINKLE on 10/2/2014. (tdl) (Entered: 10/02/2014)

RECAP
27 Nov. 6, 2014

SUGGESTION OF DEATH Upon the Record as to T.W. by DISABILITY RIGHTS FLORIDA INC, P M, T W. (Attachments: # 1 Supplement) (BOYER, DAVID) (Entered: 11/06/2014)

RECAP
28 March 26, 2015

MOTION to Stay re 24 Order Staying Case,, Set Deadlines/Hearings, Unopposed by DISABILITY RIGHTS FLORIDA INC, P M, T W. (BOYER, DAVID) (Entered: 03/26/2015)

RECAP
29 March 31, 2015

ORDER EXTENDING THE STAY - The consented motion to extend the stay, ECF No. 28, is GRANTED. (Deadline for clerk to check status of stay by 9/1/2015., Dispositive Motions to be filed by 11/6/2015., Discovery due by 10/16/2015., Mediation Report due by 11/27/2015., Jury Trial set for 2/16/2016 08:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE.) Signed by JUDGE ROBERT L HINKLE on 3/31/2015. (tdl) (Entered: 04/01/2015)

RECAP
30 Sept. 17, 2015

STIPULATION of Dismissal Without Prejudice by DISABILITY RIGHTS FLORIDA INC, P M. (Attachments: # 1 Appendix Settlement Agreement) (BOYER, DAVID) (Entered: 09/17/2015)

RECAP
31 Oct. 5, 2015

ORDER CLOSING THE FILE re 30 Stipulation. The clerk must enter judgment stating, "The parties are ordered to comply with their settlement agreement. The court reserves jurisdiction to enforce the order to comply with the settlement agreement. All claims in this case are voluntarily dismissed with prejudice under Federal Rule of Civil Procedure 41." The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 10/5/2015. (tdl) (Entered: 10/06/2015)

RECAP
32 Oct. 6, 2015

CLERK'S JUDGMENT, entered pursuant to 31 Order. (tdl) (Entered: 10/06/2015)

RECAP

Case Details

State / Territory:

Florida

Case Type(s):

Disability Rights

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: Aug. 15, 2013

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

This is a state-wide class action brought on behalf of over 300 individuals with psychiatric disabilities segregated in Florida state psychiatric treatment facilities.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

State

Department of Children and Families (DCF) and the Secretary of Florida’s Agency for Health Care Administration (AHCA),

Facility Type(s):

Government-run

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Other Dockets:

Northern District of Florida 4:13-cv-00457

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Conditional Dismissal

Content of Injunction:

Monitoring

Required disclosure

Issues

Disability and Disability Rights:

Mental impairment

P&A Associational Standing

Discrimination Basis:

Disability (inc. reasonable accommodations)

Recommended Citation