DISABLED RIGHTS UNION v. KIZER

No. CV 87-3901 WPG (TX).

744 F.Supp. 221 (1990)

DISABLED RIGHTS UNION, an association; and Beverly Edmon, David Harrah, Timothy Martin, Mary J. Ontiveros, on behalf of themselves and others similarly situated, Plaintiffs, v. Kenneth KIZER, as Director of the California Department of Health Services; and Louis Sullivan, as Secretary of the United States Department of Health and Human Services, Defendants.

United States District Court, C.D. California.

August 27, 1990.


Attorney(s) appearing for the Case

Elena H. Ackel, Legal Aid Foundation of Los Angeles, Los Angeles, Cal., for plaintiffs.

Lourdes G. Baird, U.S. Atty., Frederick M. Brosio, Jr., Asst. U.S. Atty., Chief, Civ. Div., Ian Fan, Donna J. Everett, Asst. U.S. Attys., Los Angeles, Cal., for defendant Louis Sullivan, Secretary of U.S. Dept. of Health and Human Services.

John K. Van de Kamp, Atty. Gen. of the State of Cal., Anne S. Pressman, Supervising Deputy Atty. Gen., Los Angeles, Cal., for defendant Kenneth Kizer, as Director of the California Dept. of Health Services.


MEMORANDUM OF DECISION

GRAY, Senior District Judge.

The plaintiff class was certified by this court on March 14, 1988, and consists of all persons who have been or will be denied benefits under the California Medicaid program because they have been found to be ineligible for federal Supplemental Security Income ("SSI") benefits. The plaintiffs challenge the policy adopted by the Secretary of Health and Human Resources ("the Secretary") to the effect that...

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