PERSONAL CARE PRODUCTS, INC. v. HAWKINS

No. 09-50995.

635 F.3d 155 (2011)

PERSONAL CARE PRODUCTS, INC., a Missouri Corporation, Brad Statler, an individual, and Gary Wyanko, an individual, Plaintiffs-Appellants, v. Albert HAWKINS, in his official capacity as Commissioner of the Texas Health and Human Services Commission, a governmental entity of the State of Texas; Ralph C. Longmire, in his official capacity as Sanctions Manager of the Office of Inspector General, an agency within Texas Health and Human Services Commission, a governmental entity of the State of Texas; Texas Health and Human Services Commission, a governmental entity of the State of Texas; Pareatha I. Madison, in her official capacity as Sanctions Specialist of the Office of Inspector General, an agency within Texas Health and Human Services Commission, a governmental entity of the State of Texas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 3, 2011.


Attorney(s) appearing for the Case

Mark Stephen Kennedy (argued), Kennedy, Attys. & Counselors at Law, Dallas, TX, for Plaintiffs-Appellants.

Arthur CLeveland D'Andrea (argued), Eric L. Vinson , Austin, TX, for Defendants-Appellees.

Before HIGGINBOTHAM, CLEMENT and OWEN, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Personal Care Products, Inc. (PCP) furnishes incontinence supplies to Medicaid recipients in twelve states, including Texas. In the course of a Medicaid fraud investigation, the Texas Health and Human Services Commission withheld reimbursements from PCP. PCP filed suit against state officers, alleging civil rights violations under 42 U.S.C. § 1983 and seeking damages and injunctive relief. The district court dismissed all...

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