D.U. v. RHOADES

No. 15-1243.

825 F.3d 331 (2016)

D.U., a minor, Plaintiff-Appellant, v. Kitty RHOADES and Kelly Townsend, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 3, 2016.


Attorney(s) appearing for the Case

Norman Eugene Underwood, Jr. , Attorney, Suite 3, 2550 Crawford Avenue, Evanston, IL 60201-0000, for Plaintiff-Appellant.

Sean Michael Murphy , Attorney, Office of the Attorney General, Wisconsin Department of Justice, 17 W. Main Street, P.O. Box 7857, Madison, WI 53707-7857, for Defendants-Appellees.

Before WOOD, Chief Judge, and POSNER and ROVNER, Circuit Judges.


D.U. is a minor who was receiving the assistance of a Medicaid-funded private duty nurse for seventy hours each week after a catastrophic accident rendered her severely disabled. After many years of care, the State of Wisconsin determined that full-time skilled nursing assistance was no longer medically necessary for D.U....

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