HARRIS v. OLSZEWSKI

Nos. 04-2479, 05-1047.

442 F.3d 456 (2006)

Dorothy HARRIS, Legal Guardian of Willie M. Washington; Suzanne K. Balikci, Legal Guardian of Jennie Lillian Schankowski; and Mary Ruffin, Legal Guardian of Issac Ruffin, on behalf of themselves and all other similarly situated individuals [certified class action], Plaintiffs-Appellees, v. Janet OLSZEWSKI, Director of the Michigan Department of Community Health, Defendant-Appellant. L.F., Legal Guardian of J.H., individually and on behalf of all other similarly situated individuals [certified class action], Plaintiffs-Appellees, v. Janet Olszewski, Director of the Michigan Department of Community Health and Paul Reinhart, Director of Michigan's Medical Services Administration, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 21, 2006.


Attorney(s) appearing for the Case

ARGUED: William R. Morris, Michigan Department of Attorney General, Lansing, Michigan, for Appellants. Stephen M. Ryan, Stephen M. Ryan P.L.L.C., Bingham Farms, Michigan, Michael C. Levine, Fraser, Trebilcock, Davis & Dunlap, Lansing, Michigan, for Appellees. ON BRIEF: William R. Morris, Michigan Department of Attorney General, Lansing, Michigan, for Appellants. Stephen M. Ryan, Stephen M. Ryan P.L.L.C., Bingham Farms, Michigan, Michael C. Levine, Fraser, Trebilcock, Davis & Dunlap, Lansing, Michigan, for Appellees. Joshua Waldman, United States Department of Justice, Washington, D.C., for Amicus Curiae.

Before: SILER and SUTTON, Circuit Judges; SHARP, District Judge.


OPINION

SUTTON, Circuit Judge.

In these consolidated appeals, Michigan's Department of Community Health (the "department" or "State") urges us to reverse the district court's entry of summary judgment against it in two cases brought under 42 U.S.C. § 1983 on behalf of a class of Michigan residents. The district court enjoined the department from enforcing a single-supplier contract for all incontinence products to Michigan's Medicaid recipients. On...

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