128 F.4th 379
2d Cir.2025Background
- John Doe, an individual with serious mental illness, sued the New York Commissioner of Health and others under the ADA, Rehabilitation Act, Fair Housing Act, and New York law, alleging state regulations barred his readmission to Oceanview Manor Home for Adults (a Transitional Adult Home or "TAH").
- Doe had resided at Oceanview, left for supported housing, and was denied re-entry due to regulations meant to integrate TAH populations by limiting admissions of individuals with serious mental illness.
- After Doe filed suit, the State allowed his return to Oceanview via a temporary restraining order, amended regulations to create a "Waiver Rule" allowing readmission on a case-by-case basis, and later removed Oceanview’s TAH status.
- The State moved for summary judgment arguing Doe lacked standing, and, after the district court denied the motion, was granted interlocutory appeal.
- On appeal, the State argued that Doe lacked a concrete plan to again seek readmission, and that subsequent developments rendered his claims non-justiciable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Doe had Article III standing | Doe had standing when denied readmission | Doe lacks a concrete plan for future harm | Doe had standing at suit’s filing |
| Whether the case was rendered moot | Doe might again be denied if he leaves | Events after filing mooted any controversy | Case is moot due to new rules and Doe’s status |
| Voluntary cessation exception to mootness | The State could rescind protections later | No reasonable likelihood of recurrence | Exception does not apply; relief is effective |
| Capable of repetition, yet evading review | Doe could face harm again if seeks return | Future injury is speculative and improbable | Doctrine does not apply; claims are speculative |
Key Cases Cited
- Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581 (integration mandate under ADA interpreted)
- Shain v. Ellison, 356 F.3d 211 (Second Circuit standard for standing de novo review)
- Lujan v. Defs. of Wildlife, 504 U.S. 555 (standing determined at time of suit filing)
- Already, LLC v. Nike, Inc., 568 U.S. 85 (mootness doctrine and voluntary cessation)
- City of Mesquite v. Aladdin's Castle, Inc., 455 U.S. 283 (voluntary cessation exception explanation)
- Mhany Mgmt., Inc. v. Cnty. of Nassau, 819 F.3d 581 (exceptions to mootness analyzed)