C.V. ex rel. Wahlquist v. Dudek
209 F. Supp. 3d 1279
S.D. Fla.2016Background
- The DOJ sued Florida under Title II of the ADA, alleging the State’s Medicaid administration unnecessarily segregates medically complex/fragile children in nursing facilities. The suit sought injunctive relief under Title II.
- The sole legal question the court addressed sua sponte was whether Title II confers standing on the Attorney General / DOJ to bring civil enforcement suits.
- Title II’s enforcement provision grants "remedies, procedures, and rights ... to any person alleging discrimination" (42 U.S.C. § 12133); Titles I and III explicitly authorize the Attorney General to sue.
- The DOJ argued Title II implicitly authorizes federal enforcement (pointing to incorporation of Rehabilitation Act procedures, fee-shifting language, regulatory provisions, and Executive Branch enforcement practice).
- The State argued Congress omitted agency standing in Title II deliberately; Title II incorporated only private enforcement rights borrowed from Title VI/§505 and did not carry over DOJ litigation authority.
- The District Court concluded DOJ lacks standing under Title II and dismissed the United States’ claim for lack of standing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Title II authorizes the Attorney General/DOJ to sue to enforce Title II | DOJ: Title II incorporates Rehabilitation Act enforcement and agency authority; regulations and fee provisions indicate DOJ may litigate | State: Title II’s enforcement text limits remedies to "person[s] alleging discrimination"; Titles I and III expressly grant DOJ standing whereas Title II does not | DOJ lacks standing; Title II does not authorize DOJ to commence civil litigation |
| Meaning of "person alleging discrimination" in §12133 | DOJ: The term does not preclude DOJ; remedies intended to be effectuated by government too | State: "Person" excludes the sovereign absent clear congressional statement; identical statutory language in Title I/III shows deliberate distinction | Court: "Person" interpreted to exclude the sovereign; private parties are the enforcement mechanism under Title II |
| Whether §12134(b) or incorporation of Rehabilitation Act procedures grants DOJ enforcement power | DOJ: §12134(b) requires consistency with Rehabilitation Act regulations; Title II thus embeds Rehabilitation Act enforcement including DOJ litigation | State: §12134(b) directs compatibility of substantive standards only; Title II incorporated only private remedies from §505, not agency litigation authority | Court: §12134(b) does not import Rehabilitation Act procedures/DOJ litigation authority into Title II |
| Whether Chevron deference requires accepting DOJ’s view that regulations permit DOJ litigation | DOJ: Agency interpretation of its regulatory authority merits Chevron deference | State: Standing/subject-matter jurisdiction is for courts to decide; agency regulation cannot create judicial jurisdiction | Court: Chevron inapplicable to court-jurisdiction/standing questions; agency cannot create its own standing by regulation |
Key Cases Cited
- Director, Office of Workers’ Comp. Programs v. Newport News Shipbuilding & Dry Dock Co., 514 U.S. 122 (agency lacks standing absent clear congressional authorization)
- Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581 (Title II integration mandate requiring community-based treatment when appropriate)
- Alexander v. Sandoval, 532 U.S. 275 (statutory text, not regulations, creates private rights; courts cannot derive causes of action from agency rules)
- Vermont Agency of Natural Resources v. United States ex rel. Stevens, 529 U.S. 765 (presumption that "person" does not include the sovereign)
- Barnes v. Gorman, 536 U.S. 181 (Title II borrows private remedies from Rehabilitation Act/Title VI)
- Chevron U.S.A., Inc. v. Natural Resources Defense Council, 467 U.S. 837 (framework for judicial deference to agency statutory interpretation)
- Printz v. United States, 521 U.S. 898 (federalism limits on federal direction of state officers)