NB EX REL. PEACOCK v. DISTRICT OF COLUMBIA

No. 11-7084.

682 F.3d 77 (2012)

NB, by her parent and next friend, Michelle PEACOCK, et al., Appellants v. DISTRICT OF COLUMBIA, a Municipal Corporation, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 8, 2012.


Attorney(s) appearing for the Case

Bruce J. Terris argued the cause for appellants. With him on the briefs were Kathleen L. Millian , Jane M. Liu , and Jane Perkins.

Rochelle Bobroff was on the brief for amicus curiae Legal Aid Society of the District of Columbia, et al., in support of appellants.

Richard S. Love , Senior Assistant Attorney General, Office of the Attorney General for the District of Columbia, argued the cause for appellees. With him on the brief were Irvin B. Nathan , Attorney General, Todd S. Kim , Solicitor General, and Donna M. Murasky , Deputy Solicitor General.

Opinion for the Court filed by Circuit Judge TATEL.


TATEL, Circuit Judge.

Five Medicaid recipients filed this class action against the District of Columbia, alleging that the District systematically denies Medicaid coverage of prescription medications without providing the written notice required by federal and D.C. law. The district court dismissed the case on the pleadings, concluding that plaintiffs lacked standing to pursue their claims for injunctive and declaratory relief. Because we believe that the facts alleged...

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