WATSON v. WEEKS

No. 04-35704.

436 F.3d 1152 (2006)

William W. WATSON, Jr.; Charles E. Papst, Jr., by and through his next friend, Nida Morris; Robert Woodford, by and through his next friend, Anita Geistlinger; Heidi Halter, by and through her next friend Hayley Adams; Amar Juslen, by and through his next friend, Raul Juslen; Irma Radtke, by and through her next friend, Hans Radtke; Shelli A. Cameron; and Oregon Advocacy Center, Plaintiffs-Appellants, v. Gary WEEKS, in his official capacity as Director, Oregon Department of Human Services; Lynn Read, in her official capacity as Acting Administrator of the Office of Medical Assistance Program; and James Toews, in his official capacity as Acting Administrator, Seniors and People with Disabilities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 8, 2006.


Attorney(s) appearing for the Case

Lauren K. Saunders, National Senior Citizens Law Center, Washington, D.C., for the appellants.

Janet A. Metcalf, Assistant Attorney General, Salem, OR, for the appellees.

Bruce Vignery, AARP Foundation Litigation, Washington, D.C., and Jane Perkins, National Health Law Program, Chapel Hill, NC, for amici curiae.

Before: HUG, GRABER, and CLIFTON, Circuit Judges.


HUG, Circuit Judge:

Seven Medicaid-eligible Oregon residents and the Oregon Advocacy Center (collectively the "Plaintiffs") appeal the district court's order dismissing their action against Oregon state health officials, seeking declaratory and injunctive relief. Their appeal presents an issue of first impression for this circuit: whether certain provisions of the Medicaid Act, 42 U.S.C. §§ 1396a(a)(10) and 1396a(a)(17), create individual rights enforceable...

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