U.S. v. FLORIDA

No. 17-13595.

938 F.3d 1221 (2019)

UNITED STATES of America, Plaintiff-Appellants, v. State of FLORIDA, Defendant-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 17, 2019.


Attorney(s) appearing for the Case

Bonnie I. Robin-Vergeer , U.S. Department of Justice, Civil Division, Appellate Staff, Thomas E. Chandler , U.S. Department of Justice, Civil Rights Division, Appellate Section, Elizabeth Erin McDonald , Victoria Thomas , Lindsey Weinstock , U.S. Attorney General's Office, Washington, DC, Emily M. Smachetti , U.S. Attorney Service-Southern District of Florida, U.S. Attorney Service-SFL, Miami, FL, for Plaintiff-Appellants United States of America.

Andrew Taylor Sheeran , Leslei Gayle Street , Florida Agency for Health Care Administration, Stuart F. Williams , Liberty Dental, Tallahassee, FL, For Defendant-Appellee Secretary Florida Agency for Health Care Administration, in her official capacity.

Caryl Kilinski , Attorney General's Office, Andrew Taylor Sheeran , Florida Agency for Health Care Administration, Jennifer Ann Tschetter , Florida Department of Health, Tallahassee, FL, for Defendants-Appellees Surgeon General, State of Florida, in his official capacity as the State Surgeon General and Secretary of the Florida Department of Health, Kristina Wiggins, in her official capacity as Deputy Secretary of the Florida Department of Health and Director of Children's Medical Services.

Jay Patrick Reynolds , Florida Department of Health, Tallahassee, FL, for Defendant-Appellee John Armstrong.

William Eugene Gandy, Jr. , Florida Department of Health, Tallahassee, FL, for Defendant-Appellee Celeste Philip.

Andre V. Bardos , GrayRobinson, PA, Tallahassee, FL, for Defendant-Appellee State of Florida.

Ira A. Burnim , Judge David L. Bazelon Center for Mental Health Law, Washington, DC, Jean Mary Zachariasiewicz , Brown Goldstein & Levy, LLP, Baltimore, MD, for Amicus Curiae Bazelon Center for Mental Health Law.

Paolo Annino , Florida State University College of Law, Edward Joseph Grunewald , The North Florida Center For Equal Justice, Inc., Tallahassee, FL, Matthew W. Dietz , Disability Independence Group, Miami, FL, for Plaintiffs C.V., by and through his next friends, Michael and Johnette Wahlquist, M.D., by and through her next friend, Pamela DeCambra, C.M., by and through his next friend, Norine Mitchell.

Ira A. Burnim , Judge David L. Bazelon Center for Mental Health Law, Washington, DC, Daniel Frank Goldstein , Jean Mary Zachariasiewicz , Brown Goldstein & Levy, LLP, Baltimore, MD, for Amicus Curiae National Federation of the Blind.

Ira A. Burnim , Judge David L. Bazelon Center for Mental Health Law, Washington, DC, Jean Mary Zachariasiewicz , Brown Goldstein & Levy, LLP, Baltimore, MD, for Amici Curiae National Disability Rights Network, Autistic Self Advocacy Network, Arc of the United States.

David A. Boyer , National Disability Rights Network, Washington, DC, Molly Paris , Florida Lawyers Assistance, Pompano Beach, FL, for Plaintiff Disability Rights Florida.

Thomas A. Crabb , Brittany Adams Long , Christopher B. Lunny , Harry Osborne Thomas , Radey Law Firm, Tallahassee, FL, for Defendant eQHealth Solutions, Inc., a Louisiana non-profit corporation.

Jean Mary Zachariasiewicz , Brown Goldstein & Levy, LLP, Baltimore, MD, for Amici Curiae Disability Rights Education and Defense Fund, Inc., National Alliance on Mental Illness.

Neil V. McKittrick , Francesco A. DeLuca , Ogletree Deakins Nash Smoak & Stewart, PC, Boston, MA, Jon M. Greenbaum , Lawyers' Committee for Civil Rights Under Law, Washington, DC, for Amicus Curiae Former Members of 1990 Congress Involved in Passage of Ada.

Scott A. Keller , Baker Botts, LLP, Washington, DC, for Amicus Curiae State of Texas, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Oklahoma, State of South Dakota.

Before JILL PRYOR, BRANCH, and BOGGS, Circuit Judges.


Table of Contents

ANALYSIS ... 1225

I. An Overview of Title II of the ADA ... 1226

II. The Remedial Structure of Title VI of the Civil Rights Act .... 1229

A. Title VI Enforcement Regulations Contemplate Department of Justice Enforcement Suits .... 1230

B. Enforcing Title VI: Any Other...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases