OKLAHOMA CHAPTER OF AMERICAN ACADEMY v. FOGARTY

Nos. 05-5100, 05-5107.

472 F.3d 1208 (2007)

OKLAHOMA CHAPTER OF the AMERICAN ACADEMY OF PEDIATRICS (OKAAP); Community Action Project of Tulsa County, Oklahoma (CAPTC); Tracy T., as mother and next friend of Katelyn M. Wilbanks; Lisa P., as mother and next friend of Joshua Lee O'Neal, Eric Harman Cammiso, Melissa Ann Padelford and Mathew Scott Padelford; Rowena T., as parent and next friend of Christy A. Towler, Katherine P. Towler and Jacob W. Towler; Kevin T., as parent and next friend of Christy A. Towler, Katherine P. Towler and Jacob W. Towler; Janice G., as parent and next friend of Charles A. Scanlan and Robert M. Garvin; Theodore G., as parent and next friend of Charles A. Scanlan and Robert M. Garvin; Regina H., as parent and next friend of Jacob W. Hercules and Everett L. Hercules; Gus H., as parent and next friend of Jacob W. Hercules and Everett L. Hercules; Heather R., as parent and next friend of Stephanie Moncrief, Plaintiffs-Appellants/Cross-Appellees, v. Michael FOGARTY, Chief Executive Officer of the Oklahoma Health Care Authority (OHCA); Lynch Mitchell, State Medicaid Director; Charles Ed McFall, Chairman of the OHCA Board of Directors; T.J. Brickner, Jr., Vice-Chair of the OHCA Board of Directors; Wayne Hoffman, Jerry Henlee, Ronald Rounds, O.D., George Miller, Lyle Roggow and Jerry Humble, Members of the OHCA Board of Directors; Oklahoma Health Care Authority, Defendants-Appellees/Cross-Appellants. American Academy of Pediatrics; American Medical Association, and Oklahoma State Medical Association, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

January 3, 2007.


Attorney(s) appearing for the Case

Louis W. Bullock, Miller, Keffer & Bullock, LLC, Tulsa, OK (Robert M. Blakemore, Miller, Keffer & Bullock, LLC, Tulsa, OK; Thomas K. Gilhool and James Eiseman, Jr., Public Interest Law Center, Philadelphia, PA, with him on the briefs), for Plaintiffs-Appellants/Cross-Appellees.

Howard J. Pallotta, (Lynn Rambo-Jones with him on the briefs) Oklahoma Health Care Authority, Legal Division, Oklahoma City, OK, for Defendants-Appellees/Cross-Appellants.

Jonathan S. Franklin and Jessica L. Ellsworth, Hogan & Hartson, L.L.P., Washington, D.C., filed an amicus curiae brief for the American Academy of Pediatrics, the American Medication Association, and the Oklahoma State Medical Association.

Before TACHA, BRISCOE, and HARTZ, Circuit Judges.


BRISCOE, Circuit Judge.

Plaintiffs, two organizations and thirteen children and their parents representing a class of individuals, filed suit under 42 U.S.C. § 1983 claiming that defendants, officials of the State of Oklahoma and the Oklahoma Health Care Authority, violated various provisions of the Medicaid Act by failing to provide Medicaid-eligible children in the State of Oklahoma with necessary health care services, including early and periodic screening...

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