FRAZAR v. LADD

No. 05-41798.

457 F.3d 432 (2006)

Jeneva FRAZAR, et al., Plaintiffs, Linda Frew, as next friend of her minor child, Carla Frew; Carla Frew; Charlotte Garvin, as next friend of her minor children, Johnny Martinez, Brooklyn Garvin and BreAnna Garvin; Shannon Garcia, as next friend of her minor children, Andrew Garcia, Marisha Garcia, Stephen Sanchez and Allison Sanchez; Maria Ayala, as next friend of her minor children, Christopher Arizola, Leonard Jimenez and Joseph Veliz; Mary Fisher, as next friend of her minor child, Tyrone T. Edwards; Mary Jane Garza, as next friend of her minor children, Hilary Garza and Sarah Renea Garza, Plaintiffs-Appellees, v. Richard LADD, et al., Defendants, David Ballard, Texas State Medicaid Director; Albert Hawkins, State Commissioner of Health and Human Services; Dr. Eduardo Sanchez, Commissioner of Health; Bridgett Cook, employee of Texas Department of Health in official capacity, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 20, 2006.


Attorney(s) appearing for the Case

Susan F. Zinn, San Antonio, TX, Jane K. Swanson, The Woodlands, TX, for Plaintiffs-Appellees.

Philip Andrew Lionberger, Deputy Sol. Gen., Matthew F. Stowe, Linda A. Halpern, Austin, TX, for Defendants-Appellants.

Before REAVLEY, SMITH and DENNIS, Circuit Judges.


REAVLEY, Circuit Judge:

This is the latest chapter in the suit to improve Texas administration of the Medicaid program to afford health care to the certified class of indigent children.1 The state officials filed this motion to terminate or modify the consent decree entered in 1996. The district court denied the motion and we affirm.

I.

Following remand from this court, defendants...

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