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BANKS v. SECRETARY OF INDIANA FAMILY & SOC. SERV.

No. 92-2299.

997 F.2d 231 (1993)

Marie BANKS, individually and as a representative of a class of similarly situated persons, Plaintiff-Appellant, and Joan J. Smith, Intervenor-Appellant, v. SECRETARY OF The INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, in the Secretary's official capacity, and Secretary of the United States Department of Health and Human Services, in her official capacity, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 15, 1993.

Attorney(s) appearing for the Case

Kent Hull, argued, Legal Services of Northern Indiana, South Bend, IN, for Marie Banks and Joan Smith.

Wendy S. Messer (argued), Office of the Attorney General, Federal Litigation, Indianapolis, IN, for Secretary of the Indiana Family and Social Services Administration.

Barbara F. Altman, Dept. of Health and Human Services, Region V, Office of the General Counsel, Chicago, IL, for Secretary of the Dept. of Health and Human Services.

Before KANNE and ROVNER, Circuit Judges, and REYNOLDS, Senior District Judge.

KANNE, Circuit Judge.

The plaintiffs, appellants in this appeal, sued the Secretary of the United States Department of Health and Human Services and the Secretary of the Indiana Family and Social Services Administration in district court, alleging violations of rights secured by the federal Medicaid regulations and constitutional due process. Specifically, the complaint charged that Indiana's Medicaid agency had failed to give notice and an administrative hearing...

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