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WASHINGTON v. DEBEAUGRINE

Case No. 4:09cv189-RH/WCS.

658 F.Supp.2d 1332 (2009)

Jerry WASHINGTON, etc., et al., Plaintiffs, v. James DeBEAUGRINE, in his official capacity as Director, Florida Agency for Persons with Disabilities, and Holly Benson, in her official capacity as Secretary, Florida Agency for Health Care Administration, Defendants.

United States District Court, N.D. Florida, Tallahassee Division.

October 1, 2009.

Attorney(s) appearing for the Case

Jodi Lynn Siegel, Neil Chonin, Gabriela Magda Ruiz, Southern Legal Counsel Inc., Gainesville, FL, for Plaintiffs.

Brian Francis McGrai, John D.C. Newton, II, William Michael Blocker, II, Kelly Ann Bennett, Agency for Persons With Disabilities, John R. Beranek, Ausley & McMullen, Tallahassee, FL, for Defendants.

ORDER GRANTING A PRELIMINARY INJUNCTION, DENYING THE MOTION TO DISMISS THE CLAIMS AGAINST THE DEFENDANT DEBEAUGRINE, AND DISMISSING THE CLAIMS AGAINST THE DEFENDANT BENSON

ROBERT L. HINKLE, District Judge.

This case presents this issue: when a state official erroneously denies a medicaid beneficiary his or her federal constitutional, statutory, and regulatory right to a hearing before the termination or reduction of benefits, must the beneficiary...

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