Today the 8th Circuit reversed a lower court's decision to enjoin the Arkansas Dept. of Human Services decision to terminate Medicaid funding agreements with Planned Parenthood. Rather than traverse an administrative appeals protocol, Planned Parenthood had three service recipients sue under Section 1983 for a denial of their rights under the program. The court concluded: "The provision of the Medicaid Act does not unambiguously create a federal right for individual patients that can be enforced under § 1983. We therefore vacate the injunctions."
http://media.ca8.uscourts.gov/opndir/17/08/153271P.pdf
Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
51 Monroe Street
Suite 404
Rockville, Maryland 20850
202-466-5424 x7110
Direct: 202-742-1016
Cell: 240-876-6790
Plan ahead:
IMLA's Annual Conference October 14- October 18, 2017 - Niagara, Ontario, Canada (Passport required)
To register, go to: http://imla.org/events/conferences#registration
IMLA's Annual Seminar and Section 1983 Defense Conference - April 20- April 23, 2018 Washington, DC