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M.R. v. DREYFUS

No. 11-35026.

663 F.3d 1100 (2011)

M.R.; S.J.; C.B.; D.W.; A.B.; M.B.; An. B.; J.B.; K.S.; T.M.; A.R.; M.J.B.; J.H.; H.C.; The Arc of Washington; Service Employees International Union Healthcare 775NW; Puget Sound Alliance for Retired Americans, Plaintiffs-Appellants, v. Susan DREYFUS, in her professional capacity as Secretary of Washington State Department of Social and Health Services; Washington State Department of Social and Health Services, a Department of the State of Washington, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 16, 2011.

Attorney(s) appearing for the Case

Stephen P. Berzon , Eve Hedy Cervantez , Stacey Leyton , Matthew J. Murray , Casey Austin Roberts , Altshuler Berzon LLP, San Francisco, CA, Andrea Brenneke , MacDonald Hoague & Bayless, Seattle, WA, for the appellants.

Edward J. Dee , William T. Stephens , William Bruce Work, Office of the Washington Attorney General, Olympia, WA, for the appellees.

Opinion by Judge WILLIAM A. FLETCHER; Dissent by Judge RAWLINSON.

OPINION

W. FLETCHER, Circuit Judge:

Plaintiffs, Washington State Medicaid beneficiaries with severe mental and physical disabilities, appeal the district court's denial of their motion for a preliminary injunction. Plaintiffs seek to enjoin the operation of a regulation promulgated by Washington's Department of Social and Health Services ("DSHS") that reduces the amount of in-home "personal care services" available under the state's Medicaid plan. The United...

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