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K.W. EX REL. D.W. v. ARMSTRONG

No. 14-35296.

789 F.3d 962 (2015)

K.W., by his next friend D.W.; C.M.; C.L.; A.L., through her guardian E.B.; K.S., through his next friend S.S.; M.S., through his guardian V.S.; N.R., through her next friend G.R.; T.F., through her guardian R.F.; T.M., through his guardian T.W.; B.B., through his next friend D.B.; R.P., through her guardian T.P.; M.S., through her guardian D.S.; E.L.; Toby Schultz, by and through his legal guardian Jana Schultz on behalf of himself and all others similarly situated; Breanna Mullic, by and through her legal guardian Brenda Passmore; Caleb Hall, by and through his next friend Melanie Hall, Plaintiffs-Appellees, v. Richard ARMSTRONG, in his official capacity as Director of the Idaho Department of Health and Welfare; Lisa Hettinger, in her official capacity as Medicaid Administrator of the Idaho Department of Health and Welfare; Idaho Department of Health and Welfare, a department of the State of Idaho, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed June 5, 2015.

Attorney(s) appearing for the Case

Cynthia Yee-Wallace (argued), Clay R. Smith , and W. Scott Danzig , Deputy Attorneys General, Office of the Attorney General, Boise, ID, for Defendants-Appellants.

Richard Alan Eppink (argued), American Civil Liberties Union of Idaho Foundation, Boise, ID; James Piotrowski , Herzfeld & Piotrowski, LLP, Boise, ID, for Plaintiffs-Appellees.

Opinion by Judge Milan D. Smith, Jr., Partial Concurrence and Partial Dissent by Judge Clifton.

OPINION

Richard Armstrong, in his official capacity as Director of the Idaho Department of Health and Welfare, Lisa Hettinger, in her official capacity as Medicaid Administrator of the Idaho Department of Health and Welfare, and the Idaho Department of Health and Welfare...

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