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MORRIS BY SIMPSON v. MORROW

No. C-C-84-216-M.

601 F.Supp. 1184 (1984)

Mamie B. MORRIS, by her guardian ad litem, Rosa M. SIMPSON; Lucy R. Dellinger, by her guardian ad litem, Arah L. Rozzelle, and Pearl S. Cordell, by her guardian ad litem, Bill D. Cordell, Plaintiffs, v. Sarah MORROW, individually and in her official capacity as Secretary of the North Carolina Department of Human Resources, Barbara D. Matula, individually and in her official capacity as Director of the Division of Medical Assistance of the North Carolina Department of Human Resources, Defendants.

United States District Court, W.D. North Carolina, Charlotte Division.

December 20, 1984.

Attorney(s) appearing for the Case

Charles E. Johnson, Moore, Van Allen, Allen & Thigpen, Charlotte, N.C., and Pamela C. Silberman, North Carolina Legal Services Resource Center, Inc., Raleigh, N.C., for plaintiffs.

Steven Shaber, Asst. Atty. Gen., North Carolina Dept. of Justice, Raleigh, N.C., for defendants.

MEMORANDUM OF DECISION

McMILLAN, District Judge.

This case comes before the court on the parties' cross-motions for summary judgment. Suit was filed on April 25, 1984, by plaintiff Mamie B. Morris under 42 U.S.C. § 1983 alleging that defendants Sarah Morrow and Barbara Matula had acted under color of state law in attempting to deprive her of her right to receive Medical Assistance (Medicaid) benefits pursuant...

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