DOE 1-13 BY AND THROUGH DOE SR. 1-13 v. CHILES

No. 96-5144.

136 F.3d 709 (1998)

John/Jane DOE, 1-13 by and through Mr./ Mrs. DOE Sr. No.'s 1-13 as natural guardians on behalf of John/Jane Doe 1-13 and on behalf of those similarly situated, Florida Association of Rehabilitation Facilities Incorporated, A Not-For-Profit Association, United Cerebral Palsy of Florida, Incorporated, A Florida Not-for-Profit Corporation, Plaintiffs-Appellees, v. Lawton CHILES, in his official capacity as Governor of the State of Florida, Robert Williams, individually and in his official capacity as Secretary of the Department of Health & Rehabilitative Services of the State of Florida, Gary Clarke, individually and in his official capacity as Assistant Secretary for Medicaid, Department of Health & Rehabilitative Services of the State of Florida, Charles Kimber, in his official capacity as Assistant Secretary for Developmental Services of the Department of Health & Rehabilitative Services, State of Florida, Secretary of the Department of Health and Rehabilitative Services, Edward A. Feaver, in his official capacity, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 26, 1998.


Attorney(s) appearing for the Case

Robert A. Butterworth, State Atty. Gen., Chesterfield Smith, Jr., Office of the General Counsel, Tallahassee, FL, Charlie McCoy, Asst. Atty. Gen., Office of the Atty. Gen., Tallahassee, FL, for Defendants-Appellants.

Steven M. Weinger and Helena Tetzeli, Kurzban, Kurzban, Kurzban, Weinger & Tetzeli, P.A., Miami, FL, for Plaintiffs-Appellees.

Before HATCHETT, Chief Judge, BARKETT, Circuit Judge, and PROPST, Senior District Judge.


HATCHETT, Chief Judge:

In this action based on 42 U.S.C. § 1983, the district court found that officials of the Florida Department of Health and Rehabilitative Services were failing to furnish Medicaid assistance with "reasonable promptness" to eligible developmentally disabled individuals, and thus were violating a provision of the Medicaid Act, 42 U.S.C. § 1396(a)(8).1 Thereafter, the court enjoined the officials from failing...

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