OHIO ACADEMY OF NURSING HOMES, INC. v. BARRY

No. 89-1429.

56 Ohio St. 3d 120 (1990)

OHIO ACADEMY OF NURSING HOMES, INC., APPELLANT, v. BARRY, DIRECTOR, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 26, 1990.


Attorney(s) appearing for the Case

Geoffrey E. Webster; Tataru, Wallace & Warner and Terry Tataru, for appellant.

Anthony J. Celebrezze, Jr., attorney general, Diane Weaver and Alan Schwepe; Clarence D. Rogers, Jr.; Climaco, Climaco, Seminatore, Lefkowitz & Garofoli Co., L.P.A., Kenneth F. Seminatore, Anthony J. Garofoli and Kathryn T. Joseph, for appellees.

Benesch, Friedlander, Coplan & Aronoff, N. Victor Goodman, Harry M. Brown, James F. DeLeone, John J. Duffey and Mark D. Tucker, urging reversal for amici curiae, Assn. of Ohio Philanthropic Homes and Housing for the Aging and Ohio Health Care Assn.

Bricker & Eckler and James J. Hughes, Jr., urging reversal for amicus curiae, Ohio Hospital Assn.


HOLMES, J.

The central issue before this court is whether the Academy may assert a private cause of action under Section 1983 for alleged violations of the Boren Amendment. Also before the court is the propriety of the trial court's decision to enter summary judgment in favor of the appellees. For the reasons which follow, we find that the Academy may bring this action, and that the trial court erred in granting summary judgment for the appellees.

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