K.C. EX REL. AFRICA H. v. SHIPMAN

No. 12-1575.

716 F.3d 107 (2013)

K.C., a minor child, by and through his mother and next friend, AFRICA H.; Allison Taylor Johns; L.S., a minor child, by and through his father and next friend, Ron S.; D.C., a minor child, by his mother and next friend, Penny C., Plaintiffs-Appellees, M.S., a minor child, through his parent and natural guardian, Rachelle S., Intervenor/Plaintiff-Appellee, v. Pamela SHIPMAN, in her official capacity as Area Director of Piedmont Behavioral Health Care Area Mental Health, Developmental Disabilities, and Substance Abuse Authority; Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, d/b/a PBH, Defendants-Appellants, and Lanier M. Cansler, in his official capacity as Secretary of the Department of Health and Human Services; Albert A. Delia, in his official capacity as Acting Secretary of the Department of Health and Human Services, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: May 10, 2013.


Attorney(s) appearing for the Case

ARGUED: Wallace Churchill Hollowell, III , Nelson Mullins Riley & Scarborough, LLP, Raleigh, North Carolina, for Appellants. Douglas Stuart Sea , Legal Services of Southern Piedmont, Inc., Charlotte, North Carolina, for Appellees. ON BRIEF: Stephen D. Martin , Nelson Mullins Riley & Scarborough, LLP, Raleigh, North Carolina, for Appellants. Jane Perkins , National Health Law Program, Carrboro, North Carolina; John R. Rittelmeyer , Jennifer L. Bills , Morris McAdoo , Disability Rights NC, Raleigh, North Carolina, for Appellees.

Appeal dismissed by published opinion. Judge WILKINSON wrote the opinion, in which Judge KING and Judge WYNN joined.


OPINION

WILKINSON, Circuit Judge:

Plaintiffs are a class of Medicaid beneficiaries who suffer from severe developmental disabilities. In July 2011, they sued (1) the Secretary of the North Carolina Department of Health and Human Services ("the Secretary" or "the NCDHHS"); (2) Piedmont Behavioral Healthcare ("PBH"), a local subdivision of the state that manages the delivery of plaintiffs' Medicaid services pursuant to a contract with the NCDHHS; and (3) Pamela...

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