Derek WASKUL, by his guardian, Cynthia Waskul; Cory Schneider, by his guardians, Martha and Wendy Schneider; Kevin Wiesner, by his guardian, Kerry Kafafian; Washtenaw Association for Community Advocacy; Lindsay Trabue, by her guardian, Kristin Kill; Hannah Ernst, by her guardians, Susan and Robert Ernst, Plaintiffs-Appellants,
v.
WASHTENAW COUNTY COMMUNITY MENTAL HEALTH; Trish Cortes, in her official capacity as Director of Washtenaw County Community Mental Health; Community Mental Health Partnership of Southeast Michigan; Jane Terwilliger, in her official capacity as director of Community Mental Health Partnership of Southeast Michigan; Michigan Department of Health and Human Services; Robert Gordon, in his official capacity as Director of Michigan Department of Health and Human Services, Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued: June 11, 2020.
Decided and Filed: October 29, 2020.
Attorney(s) appearing for the Case
ARGUED: Edward P. Krugman , NATIONAL CENTER FOR LAW AND ECONOMIC JUSTICE, New York, New York, for Appellants. Stefani A. Carter , STEFANI A. CARTER, PLLC, Ypsilanti, Michigan, for Appellees Washtenaw County Community Mental Health and Trish Cortes. Marcelyn A. Stepanski , ROSATI SCHULTZ JOPPICH & AMTSBUECHLER PC, Farmington Hills, Michigan, for Appellees Community Mental Health Partnership of Southeast Michigan and Jane Terwilliger. Tracy E. Van den Bergh , MICHIGAN DEPARTMENT OF ATTORNEY GENERAL, Lansing, Michigan for Appellees Michigan Department of Health and Human Services and Robert Gordon. ON BRIEF: Edward P. Krugman , NATIONAL CENTER FOR LAW AND ECONOMIC JUSTICE, New York, New York, Nicholas A. Gable , LEGAL SERVICES OF SOUTH CENTRAL MICHIGAN, Ypsilanti, Michigan, Lisa Ruby , MICHIGAN POVERTY LAW PROGRAM, Ypsilanti, Michigan, for Appellants. Stefani A. Carter , STEFANI A. CARTER, PLLC, Ypsilanti, Michigan, for Appellees Washtenaw County Community Mental Health and Trish Cortes. Marcelyn A. Stepanski , ROSATI SCHULTZ JOPPICH & AMTSBUECHLER PC, Farmington Hills, Michigan, for Appellees Community Mental Health Partnership of Southeast Michigan and Jane Terwilliger. Kristin M. Heyse , William Morris , MICHIGAN DEPARTMENT OF ATTORNEY GENERAL, Lansing, Michigan for Appellees Michigan Department of Health and Human Services and Robert Gordon.
CLAY, J., delivered the opinion of the court in which WHITE, J., joined. READLER, J. (pp. 466-72), delivered a separate opinion concurring in part and dissenting in part.
OPINION
CLAY, Circuit Judge.
In 2015, a predecessor to Defendant Washtenaw County Community Mental Health modified the methodology through which it allocated funding to individuals with disabilities receiving community living support services pursuant to a Medicaid waiver received by the State of Michigan. Plaintiffs, five individuals...
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