UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

CIVIL COMPLAINT 

Jeffrey Peter Datto, Ph.D. 

(Write the full name of each Plaintiff 

who is filing this complaint. If the 

names of all the plaintiffs cannot fit 

in the space above, please write 

"see attached" in the space and attach 

an additional page with the 

full list of names.) 

v. Case No.: \ ,... ;).{)-CV- L/P..,. / 

{To be filled in by the Clerk's Office) ~ 

The University of Florida 

-------------' 

Board of Trustees, John 

Does 1-5 

(Write the full name of each Defendant 

who is being sued. If the names of all 

the Defendants cannot fit in the space 

above, please write "see attached" in 

the space and attach an additional 

page with the full list of names.) 

I 

FILED USDC FL-ND_G_V_~- ,-(\f\ _______ _ 

FEB 18 '20 AMll:29 ~) Y " 

NDFL Pro Se I (Rev. 12/16) Civil Complaint 

ClcrkAdmin/OfficiaVFonns 

Jury Trial Requested? 

~YES NO 

bey 
I. PARTIES TO THIS COMPLAINT 

A. Plaintiff(s) 

1. Plaintiffs Name: Jeffrey Peter Datto, Ph.D. 

Address: 3352 w 98th pl 

----------------------

City, State, and Zip Code: ---------------

Hialeah, FL 33018 

786-593-1271 

T 1 h 786-593-1271 /U ,l 

e ep one: ________ 1nome/ ________ (Cell) 

2. Plaintiffs Name: 

Address: 

City, State, and Zip Code: ---------------

Telephone: _______ (Home) _______ (Cell) 

(Provide this information for any additional Plaintiffs in this case by 

attaching an additional page as needed.) 

B. Defendant( s) 

1. Defendant's Name: The University of Florida Board of Trustees 

Name of Employer (if relevant): -------------

Address: 123 Tigert Hall 

City, State, and Zip Code: __ G_a_in_e_sv_i_ll_e_, F_l_o_ri_d_a_3_2_6_1_1 ____ _ 

NDFL Pro Se I (Rev. 12/16) Civil Complaint 

ClerlcAdmin/Official/Fonns 2 
John Does 1-5 

2. Defendant's Name: -------------------

University of Florida 

Name of Employer (if relevant): _ _ __________ _ 

Address: 123 Tigert Hall -----------------------

Gainesville, Florida 32611 City, State, and Zip Code: ______________ _ 

3. Defendant's Name: -------------------

Name of Employer (if relevant): --------------

Address: ----------- ---- - -------

City, State, and Zip Code: ----------------

(Provide this information for any additional Defendants in this case by 

attaching additional pages as needed.) 

II. BASIS FOR JURISDICTION 

Federal courts have limited jurisdiction. Generally, only two types of cases 

may be heard in federal court: (1) a case involving a federal question or (2) 

case involving diversity of citizenship of the parties. A "federal question" 

case arises under the United States Constitution or federal laws or treaties. 28 

U.S.C. § 1331. A "diversity" case means a citizen of one State sues a citizen 

. of another State or nation. No defendant may be a citizen of the same State as 

any Plaintiff in a diversity case, and the amount in controversy must be more 

NDFL Pro Sc I (Rev. 12/16) Civil Complaint 

ClerkAdmin/OfficiaVFonns 3 
than $75,000. 28 U.S.C. § 1332. 

What is the basis for federal court jurisdiction? (check all that apply) 

N Federal Question □ Diversity of Citizenship 

Fill out the paragraphs in this section that apply to this case. 

A. If the Basis for Jurisdiction Is a Federal Question: 

List the specific federal statutes, federal treaties, and/or provisions of the 

United States Constitution that are at issue in this case: - ------

Title II and Title V of the Americans with Disabilities Act ("ADA") 

42 U.S. Code§ 12101, et seq. 

B. If the Basis for Jurisdiction is Diversity of Citizenship: 

1. Plaintiff( s) 

a. Plaintiff is an individual and a citizen of: ---------

b. If any Plaintiff is a business or corporation, list the State where the 

business is incorporated _ _______ or has its principal 

place of business: _________________ _ 

(Note: Businesses/Corporations must be represented by counsel. 

NDFL Pro Se I (Rev. 12/16) Civil Complaint 

ClerkAdmin/OfliciaVForms 4 
Attach additional page to provide this information for additional 

Plaintiffs.) 

2. Defendant(s) 

a. If the Defendant is an individual, identify their citizenship below. 

1. Defendant (name) 

is a citizen of (State) 

2. Defendant (name) 

is a citizen of (State) 

3. Defendant (name) 

is a citizen of (State) 

b. If the Defendant is a corporation or business, list the state of 

incorporation or principal place of business below. 

1. Defendant (name) _______________ _ 

State of Incorporation is _____________ _ 

or Principal Place of Business is ___________ _ 

2. Defendant (name) ________________ _ 

State of Incorporation is ______________ _ 

or Principal Place of Business is ___________ _ 

(Attach additional page if necessary to list all Defendants.) 

3. Have you previously been involved in litigation ~ith one or more 

NDFL Pro Se I (Rev. 12/16) Civil Complaint 

ClerkAdmin/Official/F orms 5 
of the named Defendants? 

NYes □ No 

If yes, identify prior case #: _ 18_-_2_10_5_3 _ _ Date: 03/20/2018 

Court: U.S. District Court of the Southern District of Florida 

Defendant: University of Florida, John Does 1-5 

Judge: __ T_h_e_H_o_n_o_ra_b_l_e_D_a_rr_i_n_P_._G_a_y_l_es _______ _ 

Result: Dismissed without Prejudice 

------------ ----------

III. STATEMENT OF CLAIM 

Write a short and plain statement of your claim. Do not make legal 

arguments or quote from cases. State the facts which show what happened, 

as well as where and when it happened. State how each Defendant was 

involved and explain what a Defendant did or did not do; identify how each 

Defendant caused you harm or violated federal law. Write each statement in 

numbered paragraphs, limited as far as practicable to a single event or 

incident. If more than one claim is asserted, number each claim, and ensure 

that a short and plain statement of facts supporting each claiin is included in 

the facts alleged. Attach no more than two (2) additional pages to state your 

claim. 

I. Violation of Title V of the ADA. 

1. Plaintiff was a former MD PhD student on full scholarship at Thomas Jefferson 

University ("TJU"), a sister Association of American Medical Colleges ("AAMC") 

medical school of University of Florida ("UF") who was dismissed 3 days prior to 

due to complications of excessive medication to treat Bipolar Disorder. 

NDFL Pro Se I (Rev. 12/16) Civil Complaint 

ClerkAdmin/OfficiaVForms 6 
2. Plaintiff engaged in lengthy litigation prose against Tm, claiming violation of the 

ADA that resulted in a substantial settlement. 

3. Plaintiff during this time period sought transfer into UF as a MD PhD student. 

4. He was granted an interview and was told by Dr. Steve Hsu, M.D. Ph.D. director at 

UF, that the interview was a mere formality. 

IV. RELIEF REQUESTED 

State briefly and precisely what damages or other relief the plaintiff asks the 

court to order. Do not make legal arguments. Include any basis for claiming 

that the wrongs alleged are continuing at the present time. Include the 

amounts of any actual damages claimed for the acts alleged and the basis for 

these amounts. Include any punitive or exemplary damages claimed, the 

amounts, and the reasons you claim you are entitled to actual or punitive 

Plaintiff asks for damages at the maximal amount allowed by 

money damages. _____________________ _ 

by the ADA for the delay this has caused in his ability to be a physician scientist, 

mental anguish, loss of dignity, application costs, and puniti~e damages to send a 

message that such retaliation/discrimination should not be condoned. Plaintiff 

also asks for mJunctive rehef to be allowed an opportumty based on ment to 

attend UF's medical school either as a first year or transfer student. 

V. CERTIFICATION 

As required by Federal Rule of Civil Procedure 11, I certify by signing below 

that to the best of my knowledge, information, and belief, this complaint: ( 1) 

is not being presented for an improper purpose, such as to harass, cause 

unnecessary delay, or needlessly increase the cost of litigation; (2) is 

supported by existing law or by a non-frivolous argument for extending, 

NDFL Pro Se 1 (Rev. 12/ 16) Civil Complaint 

ClcrkAdmin/Official/Forms 7 
modifying, or reversmg existing law; (3) the factual contentions have 

evidentiary support or, will likely have evidentiary support after a reasonable 

opportunity for further investigation or discovery; and ( 4) the complaint 

otherwise complies with the requirements of Rule 11. 

I agree to timely notify the Clerk's Office if there is any change to my 

mailing address. I understand that my failure to keep a current address on file 

with the Clerk's Office may result in the dismissal of my case. 

Date::?../11 /Jo Plaintiff's Signature: A~ e k 

Printed Name of Plaintiff: Jeffrey P. Datto, Ph.D. 

--------- ---------

Address: 

3352 w 98th pl 

------------------------

Hialeah, FL 33018 

E-Mail Address: jpdatto@gmail.com 

- --------------------

786-593-1271 Telephone Number: ___________________ _ 

(Additional signature pages must be attached if there is more than one 

Plaintiff) 

NDFL Pro Se 1 (Rev. 12/ 16) Civil Complaint 

ClcrkAdmin/Official/Forms 8 
5. Dr. Hsu related to Plaintiffs struggles because he too had the diagnosis of Bipolar Disorder, 

and it disrupted his employment as a clinician as well. 

6. During the interviews, Plaintiff decided to disclose his litigation against TJU. 

7. Dr. Hsu then told Plaintiff that he was being denied because the Dean of the medical school 

said to Dr. Hsu that those the Dean reports to, The Board of Trustees, will never approve this 

transfer because Plaintiff sued TJU. 

8. Thereafter, Plaintiff became employed at the University of Miami, he retook the MCA Ts and 

scored a 32, and applied again to several medical schools, this time to enter as a first year 

medical student including applying to UF two years in a row and was denied again twice 

without an interview on 2/19/16 and 3/3/17. 

. 9. Plaintiff was never given a reason why his application as a first year student was denied, but 

it is most likely for the same reason provided to him why his transfer application was denied 

because he sued TJU and the Board of Trustees will never approve of his application. 

II. Violation of Title II of the ADA 

10. University of Florida Board of Trustees is a public instrumentality of the State of Florida 

with the ability to sue and be sued, and John Does 1-5 are individuals making the 

discriminatory and retaliatory decisions on behalf of UF. 

11. Plaintiff is a qualified applicant to UF's medical school who scored a 32 on his MCA Ts, 

performed significant volunteer, community service, clinical shadowing, and research 

activities, and had 10 letters of recommendation, which met/exceeded the requirements to be 

a medical student at UF when compared to other applicants. 

12. Plaintiff has already passed all his medical licensing exams, USMLE Step 1, USMLE step 2 

Clinical Skills (CS), and USMLE step 2 Clinical Knowledge (CK) on his frrst attempt, which 

demonstrates Plaintiff can perform the essential functions of a medical student. 
13. Plaintiff furthermore matched in a transitional year internship and a separate anesthesia 

residency program after interviews and a review of his academic record that includes several 

grades ,of excellent and honors; although he never got to start, this demonstrates that not only 

is he able to perform the essential functions of a medical student but 2 employers also 

believed he could perform the essential functions of a physician working for them. 

14. Plaintiff has the disability Bipolar Disorder or a variant thereof that meets all the criteria for 

being bipolar except that his manic / hypomanic episodes maybe a result of lithium 

withdrawal syndrome / the permanent effect of chronic prolonged intermittent hypoxia. 

15. When Plaintiff is in the depressive phase of his illness, he is substantially limited in his 

ability to learn, think, concentrate, and he sleeps excessively. 

16. When Plaintiff is in the hypomanic/manic phase of his disability, he sleeps only 2 hours a 

night; however, he is not tired, full of energy, and unable to concentrate on what people are 

saying to him and his thoughts are racing, substantially limiting his interactions with others. 

17. These hypomanic/manic episodes reoccur overtime, but Plaintiff is willing to accept any 

treatment/monitoring necessary to be able complete his medical education at UF. 

18. Plaintiff also had a disability caused by excessive medications while _at Tm that caused a 

severe tremor, somnolence, and learning and thinking impairments that were substantially 

limiting in comparison to the general population. 

19. Tm failed to accommodate his disability in the past, which resulted in his inability to 

complete his medical education there, and UF is discriminating against Plaintiff now by not 

allowing Plaintiff any opportunity based on merit to complete his education at UF; they also 

failed to accommodate his request to be interviewed for a position as a first year student, nor 

are they allowing any reasonable accommodations or engaging in any interactive process. 
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