EMERSON v. STEFFEN

Nos. 91-1837, 91-1840.

959 F.2d 119 (1992)

James B. EMERSON, individually and on behalf of all others similarly situated, Appellee, v. Natalie Haas STEFFEN, in her official capacity as Commissioner of the Minnesota Department of Human Services, Appellant, Louis W. Sullivan, M.D., in his official capacity as Secretary of the United States Department of Health and Human Services. James B. EMERSON, individually and on behalf of all others similarly situated, Appellee, v. Natalie Haas STEFFEN, in her official capacity as Commissioner of the Minnesota Department of Human Services, Louis W. Sullivan, M.D., in his official capacity as Secretary of the United States Department of Health and Human Services, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 20, 1992.


Attorney(s) appearing for the Case

Patricia A. Sonnenberg, Asst. Atty. Gen., St. Paul, Minn., argued for appellant, Natalie Haas Steffen.

Robert D. Kamenshine, Dept. of Justice, Washington, D.C., argued (William Kanter, appeared on brief), for appellant Louis W. Sullivan, M.D.

Laurie N. Davison, Minneapolis, Minn., argued (Patricia M. Siebert, appeared on brief), for appellee.

Before LAY, Chief Judge, ARNOLD, Circuit Judge, and STUART, Senior District Judge.


ARNOLD, Circuit Judge.

The plaintiff in this class action1 brought suit challenging a certain feature of Minnesota's Medicaid plan. Plaintiff's only income is $863 a month in social-security disability benefits. A divorce decree requires him to pay $200 a month for the support of his children. Medicaid eligibility depends on what income and resources are "available." 42 U.S.C. § 1396a(a)(17)(B). Minnesota's Medicaid plan treats the...

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