Coleman v. Daines, 17 N.Y.3d 1087 (2011)
An appeal is not moot if the issue is likely to recur, is substantial and novel, and will typically evade review in the courts; furthermore, a demand for nominal damages in connection with alleged constitutional due process violations also survives a mootness challenge.
Summary
Barbara Coleman brought an action against the Commissioners of the New York City Human Resources Administration (HRA) and the New York State Department of Health, alleging a failure to timely process her Medicaid application and a failure to inform her of the availability of temporary medical assistance. Although Coleman eventually received the requested benefits, she pursued the case, seeking nominal damages for the alleged due process violation. The New York Court of Appeals held that the case was not moot because the issue of delayed Medicaid processing and failure to inform applicants of temporary assistance was likely to recur, was substantial, and would typically evade review. The court also found that the claim for nominal damages survived the mootness challenge, and that Coleman was not required to exhaust administrative remedies because doing so would have been futile.
Facts
In November 2007 and January 2008, Barbara Coleman applied for Medicaid-funded personal care attendant services. After receiving no response, she applied for “temporary medical assistance” in May 2008 pending the determination of her Medicaid application. Later in May 2008, HRA informed Coleman that she was eligible for Medicaid but did not specify the number of hours of personal care. By the end of June 2008, HRA granted Coleman 24-hour personal care attendant services beginning June 30, 2008.
Procedural History
Coleman commenced a hybrid CPLR article 78 proceeding and 42 USC § 1983 action. Supreme Court dismissed the petition based on mootness and failure to exhaust administrative remedies. The Appellate Division reversed, holding that the “likely to recur” exception to the mootness doctrine applied. The Appellate Division granted respondents leave to appeal to the Court of Appeals on a certified question.
Issue(s)
Whether the claims are moot despite Coleman receiving the requested benefits, considering the alleged policy of not informing applicants of temporary assistance, and whether the claim for nominal damages for due process violations survives a mootness challenge. Also, whether Coleman was required to exhaust administrative remedies before bringing suit.
Holding
Yes, the claims are not moot because the issue is likely to recur, is substantial and novel, and will typically evade review; furthermore, the demand for nominal damages survives the mootness challenge. No, Coleman was not required to exhaust administrative remedies because pursuing them would have been futile.
Court’s Reasoning
The Court of Appeals addressed the mootness doctrine, stating that “an appeal is moot unless an adjudication of the merits will result in immediate and practical consequences to the parties.” The Court then cited the exception to the mootness doctrine: “where the issue to be decided, though moot, (1) is likely to recur, either between the parties or other members of the public, (2) is substantial and novel, and (3) will typically evade review in the courts.” The Court found that because the respondents allegedly maintained a policy of not informing applicants of temporary Medicaid assistance, the issue was “likely to recur.” Further, the Court reasoned that the potential ramifications of delays in providing critical benefits and the relatively brief nature of the violation made the question substantial and likely to evade judicial review. Citing Dean v Blumenthal, the Court stated that Coleman’s demand for nominal damages in connection with her alleged constitutional due process violations also survives the mootness challenge. Finally, the Court held that Coleman was not required to exhaust administrative remedies because, accepting Coleman’s assertion as true, pursuing the claims through the administrative process would have been futile, citing Watergate II Apts. v Buffalo Sewer Auth.