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ROACH v. MORSE

Docket No. 05-2277CV.

440 F.3d 53 (2006)

Anne ROACH and William Roach, Plaintiffs-Appellees, v. James MORSE, in his official capacity as Commissioner of the Vermont Department for Children and Families, Marybeth McCaffrey, in her official capacity as the Healthcare Policy Analyst for the Vermont Department for Children and Families and Ann Hastings, in her official capacity as the Case Review Supervisor of the Barre District Office of the Vermont Department for Children and Families and Vermont Department for Children and Families, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: March 3, 2006.

Attorney(s) appearing for the Case

Seth A. Steinzor, Assistant Attorney General, State of Vermont (Susan R. Harritt, Assistant Attorney General, on the brief), Waterbury, Vermont, for Defendants-Appellants.

Mark L. Tapper, Tapper Law Offices (Fletcher D. Proctor, on the brief), Springfield, Vermont, for Plaintiffs-Appellees.

Before: SOTOMAYOR and WESLEY, Circuit Judges, and KAPLAN, District Judge.

SOTOMAYOR, Circuit Judge.

Defendants-appellants James Morse, the Commissioner of the Vermont Department for Children and Families, and various Department officials (collectively, the "State") appeal from the entry of a permanent injunction prohibiting the State from requiring plaintiffs-appellees Anne and William Roach (collectively, "plaintiffs") to answer certain questions posed on Vermont Medicaid form ESD 202 LV. The answers to these questions would require plaintiffs...

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