1. Home
  2. Browse Decisions
  3. F.Supp.2d
  4. 409 F.Supp.2d
  5. 409 F.Supp.2d 748 (2005)
 

CYRUS EX REL. McSWEENEY v. WALKER

No. CIV.A. 304-0892.

409 F.Supp.2d 748 (2005)

Belinda CYRUS on behalf of Mildred McSWEENEY, George Jefferson, and Paul Robert Bogert, on behalf of a class of individuals similarly situated, Plaintiffs, v. Martha Yeager WALKER, in her capacity as Secretary, West Virginia Department of Health and Human Services, Defendant.

United States District Court, S.D. West Virginia, Huntington Division.

January 26, 2005.

Attorney(s) appearing for the Case

Daniel F. Hedges, Mountain State Justice, Inc., Bren J. Pomponio, Mountain State Justice, Inc., Charleston, WV, Jane Perkins, Chapel Hill, NC, for Plaintiffs.

Kelly D. Ambrose, West Virginia Attorney General's Office, Darrell V. McGraw, Jr., WV Dept. of Health and Human Resources, Bureau for Medical Services, Charlene A. Vaughan, Deputy Attorney General, Department of Health and Human Resources, State Capitol Complex, Charleston, WV, for Defendant.

ORDER

CHAMBERS.

Currently pending before the Court is Defendant's motion to dismiss based upon Eleventh Amendment immunity. Plaintiffs oppose the motion and argue this cases falls within the exception to immunity set forth by the United States Supreme Court in Ex parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714 (1908). Upon review of the arguments made by the parties, the Court agrees with Plaintiffs and

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases